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 II

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 II
1993 Atlanta, Ga.
Printed on Recycled Paper

FRIDAY, MARCH 5, 1993

1477

Representative Hall, Atlanta, Georgia Friday, March 5, 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 J. C. Farrington, Pastor, First Baptist Church, Louisville, Georgia.
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.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1019. By Representatives Cauthorn of the 35th, Cummings of the 27th, Watts of the 26th, Bostick of the 165th, Barnes of the 33rd and others: 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 provide that the board of trustees of such retirement system shall be authorized to grant certain cost of living benefit increases under certain circumstances; to provide that members of such retirement system may retire after attaining the age of 60 years without a reduction in benefits because of age.
Referred to the Committee on Retirement.
HB 1020. By Representatives Cauthorn of the 35th, Cummings of the 27th, Watts of the 26th, Bostick of the 165th, Barnes of the 33rd and others: A bill to amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits.
Referred to the Committee on Retirement.

1478

JOURNAL OF THE HOUSE,

HB 1021. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act creating a board of commissioners for McDuffie County, so as to require the publication of an annual report relating to certain expenditures and fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1022. 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 provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1023. By Representatives Harris of the 112th, Williams of the 114th, Bargeron of the 120th and Moore of the 113th:
A bill to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1025. By Representatives Reichert of the 126th, Chambless of the 163rd, Dixon of the 150th and Walker of the 141st:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the examination of witnesses, so as to provide qualifications relative to experts in professional malpractice actions.
Referred to the Committee on Judiciary.

HB 1026. By Representative Johnson of the 153rd:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide the manner in which superior court judges shall be elected; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to remove certain references to superior court judges; to provide the form for the ballots to be used in the nonpartisan elections of superior court judges.
Referred to the Committee on Judiciary.

HB 1027. By Representatives Dobbs of the 92nd, Smith of the 12th, Twiggs of the 8th and Martin of the 47th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that certain policies of accident and sickness insurance include coverage for secondary conditions and treatment attributable to the primary medical condition of cleft lip and cleft palate.
Referred to the Committee on Health & Ecology.

FRIDAY, MARCH 5, 1993

1479

HR 411. By Representative Godbee of the 145th:
A resolution designating that portion of State Route Highway from the city limits of Metter to the Bulloch County line as the R. G. Daniell, Sr., Memorial Highway.
Referred to the Committee on Transportation.

HR 417. By Representatives Ehrhart of the 36th, Joyce of the 1st and Davis of the 60th:
A resolution urging the United States Congress to cease to appropriate funds for any military activity not authorized by Congress.
Referred to the Committee on Defense & Veterans 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 1035. By Representative Oliver of the 154th:
A bill to amend an Act creating the Board of Commissioners of Evans County, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 976 HB 977 HB 978 HB 979 HB 980 HB 981 HB 982 HB 983 HB 984

HR QSC

oft,

HB 988

B

HR QQn

no

yyU

HR

QQ1

HB 995
HR QQC

HR 997 nrt && i HHBB 999998

HB 1000

HB 1001

HB 1002

HB 1003

HB 1004

HB 1005

HB 1006

HB 1007 HB 1008 HB 1009 HB 1010 HB 1011 HB 1012 HB 1013 jjg 1014 tjo i AI c
HB 1015

HB 1017 HB 1018

HK
TTTJ

'
QQQ

H"R d4*0?0
"" 4" 1

HR 402 trD ^AO

f4*WA

B

4

SB 49

SB 25

SB 265

SB 325

SB 329

SR 200

1480

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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 916 Do Pass HB 917 Do Pass HB 921 Do Pass HB 946 Do Pass HB 948 Do Pass

HB 950 Do Pass HB 951 Do Pass SB 284 Do Pass, by Substitute HB 970 Do Pass HB 971 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, MARCH 5, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:
HB 68 Commission on Women; per diem allowance HB 100 County boards of health; composition and powers HB 130 Child molestation; second offense; punishment HB 164 Motor vehicles; amend provisions HB 208 Hotel-motel tax; pedestrian walks and trails HB 255 Education; certain county boards; certain fee exemption HB 265 Property; compel remittance of certain abandoned property HB 275 Tax levy; accounts with financial institutions HB 282 Quality basic education; local fair share funds; limitation HB 341 Perishable Agricultural Commodity Act; enact HB 389 Labor pools; amend regulations HB 395 Uniform Commercial Code - Leases; enact HB 797 Contracts; petroleum products; federal tax reimbursement HB 835 Ad valorem tax; homestead exemption; waiver HB 885 Music Hall of Fame Authority; members; compensation HB 903 Open meetings; repeal certain penalty provisions HB 972 General Assembly; Ethics Committees; subpoena provisions
HR 355 Child Nutrition Employee Appreciation Day; designate HR 360 Regional development centers; ratify certain transfers
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE.

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

FRIDAY, MARCH 5, 1993

1481

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

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 Education, so as to provide for reapportionment of the education 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.

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.

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

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.

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

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.

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

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.

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

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 general municipal election.

1482

JOURNAL OF THE HOUSE,

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a new charter for the city of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4498), so as to change certain provisions relating to the administrative responsibilities of the mayor, city council, and the directors of various city departments; to delete the position of administrative supervisor; to change certain provisions relating to the exercise of the mayor's veto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing a new charter for the city of Austell, approved March 28, 1986 (Ga. L. 1986, p. 4902), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4498), is amended by striking in its entirety Section 2.10 and inserting in lieu thereof a new Section 2.10 to read as follows:
"Section 2.10. City Council. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in a manner provided by Article V of this charter."
Section 2. Said Act is further amended by striking in its entirety Section 2.17 and inserting in lieu thereof a new Section 2.17 to read as follows:
"Section 2.17. General power and authority of the city council. (a) Except as otherwise provided by this charter, the city council shall be vested
with all the powers of government of this city as provided by Article I. (b) The city council shall, through its respective committees, supervise and assist
the department directors in the administration of their respective departments. In supervising the department directors and administering its other duties, the city council shall follow the administrative procedures set forth in this charter, city ordinance, or general state law."
Section 3. Said Act is further amended by striking in its entirety Section 2.18 and inserting in lieu thereof a new Section 2.18 to read as follows:
"Section 2.18. Organizational meeting. The city council shall hold its organizational meeting at the first regular meeting of the city council on the first Monday in January each year, unless it is a legal holiday, then on the second Monday or as soon thereafter as is practicable. The oath of office shall be administered to the incoming mayor and councilmembers prior to or on the date of such meeting and the incoming mayor shall call the meeting to order. The oath of office administered to newly elected members shall be as follows:
'I do solemnly swear (or affirm) that I will well and truly perform the duties of mayor (or councilmember, as the case may be) of the City of Austell, to the best of my skill and ability, and as seems to me, for the best interest and welfare of said city, without fear, favor, or affection, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God.'"

FRIDAY, MARCH 5, 1993

1483

Section 4. Said Act is further amended by striking in its entirety Section 2.20 and inserting in lieu thereof a new Section 2.20 to read as follows:
"Section 2.20. Rules of procedure and committee appointment, (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record.
(b) The mayor shall appoint, at the first regular council meeting of each year, a council committee to supervise and assist each of the department directors in the management of the respective administrative departments established in Section 3.10 of this charter. Each council committee shall consist of at least two councilmembers other than the mayor. The major shall be an ex officio member of each committee.
(c) The mayor shall appoint a chairperson and vice chairperson of each council committee. The chairperson shall preside at council committee meetings. The chairperson shall be the liaison between the department director and the council committee and shall be primarily responsible for assisting the department director in the administration of the department. The committee shall be responsible for the personnel evaluation of the department director in the administration of the department.
(d) The council committee shall review administrative items presented by the department director and shall either disapprove the item without submission to the city council or recommend to the city council that such item be approved or disapproved. Any item disapproved by the council committee may nonetheless be presented to the city council by the department director as an agenda item for approval or disapproval by the full city council.
(e) Each committee chairperson shall have the right to call meetings of the committee and shall have the power from time to time to authorize budgeted purchases up to a dollar amount set by the council without first obtaining specific committee or council approval of the item, provided that all other provisions of the charter and the ordinances of the city are complied with, including bid requirements, if applicable. Approval for such expenditures shall be documented with a copy provided to the director of finance as soon as possible after the purchase.
(f) Each committee shall have the power from time to time to authorize budgeted purchases up to a dollar amount set by the council without first obtaining specific city council approval for the item, provided that all other provisions of the charter and the ordinances of the city are complied with, including bid requirements, if applicable. Approval for such expenditures shall be documented with a copy provided to the director of finance as soon as possible after the purchase.
(g) The vice chairperson shall be authorized to act as the chairperson of the committee upon the absence, disability, or death of the chairperson until such absence or disability ceases or until a new chairperson is appointed by the mayor at a regular city council meeting."
Section 5. Said Act is further amended by striking in its entirety subsection (b) of Section 2.26 and inserting in lieu thereof the following:
"(b) The city council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations, which may be separate standard code books, and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as 'The Code of Ordinances, City of Austell, Georgia.' Said code shall be supplemented and updated regularly. Copies of the Code shall be furnished to the mayor, councilmembers, city clerk, city attorney, municipal court judge, police chief, and such other officers, departments, and agencies of the city as the city council may direct. Copies shall be made available for purchase by the public at a reasonable price as fixed by the city council."
Section 6. Said Act is further amended by striking in their entireties Sections 2.27, 2.29, 2.30, and 2.31 and inserting in lieu thereof, in each instance, the following:
"Reserved."

1484

JOURNAL OF THE HOUSE,

Section 7. Said Act is further amended by striking in its entirety Section 2.34 and inserting in lieu thereof a new Section 2.34 to read as follows:
"Section 2.34. Powers and duties of the Mayor. The mayor shall have the following powers and duties:
(1) To preside at all meetings of the city council and to have the right to take part in the deliberations of the council but shall not have the right to vote on any question except in the case of a tie;
(2) To be the official head and spokesperson for the city for service of process and ceremonial purposes;
(3) To sign as a matter of course all written contracts, ordinances, deeds, and other instruments executed by the city which by law are required to be in writing;
(4) To cosign, along with the director of finance, all checks for the payment of money; alternate signatories may be designed by city ordinance;
(5) To have veto power as set out in Section 2.35 of this charter; (6) To keep the council advised from time to time of the general condition of the city and to recommend such measures as he or she may deem necessary or expedient for the welfare of the city; (7) To call special meetings of the city council as provided in this charter; (8) To appoint at the first meeting each year, or as soon thereafter as expedient, members of the following standing committees: police, fire, streets and sanitation, water and sewerage, parks and recreation, general administration and finance, community development, gas system liaison, and such other committees as the mayor and council may deem necessary; (9) To appoint, with the advice and consent of the city council, all department directors and in such manner to fill any vacancy in any such office; (10) To pardon or parole any offender against the ordinances of the City of Austell; (11) To see that all laws, provisions of this charter, and acts of the governing body are faithfully executed; (12) To submit to the city council and make available to the public a complete report on the finances of the city as of the end of each fiscal year and a complete report on administrative activities for the city as of the end of each calendar year; and (13) To perform such other duties as may be required by general state law, this charter, or city ordinance."
Section 8. Said Act is further amended by striking in its entirety subsection (b) of Section 2.35 and inserting in lieu thereof a new subsection to read as follows:
"(b) If such matter is vetoed by the mayor, such veto must be submitted in writing to the city clerk within four days of passage. The mayor may sign an approval of any council action at the time of passage. Such approved actions may not thereafter be subject to veto by the mayor and shall be effective upon approval. If an item is neither approved nor vetoed, it shall become effective at 12:00 noon on the fourth calendar day after its adoption. If the mayor vetoes an item, the mayor shall submit to the city council through the clerk a written statement of the reason for the veto. If the item is vetoed, the clerk shall record upon the item the date of its veto by the mayor."
Section 9. Said Act is further amended by striking in their entireties subsections (c) and (d) of Section 3.10 and inserting in lieu thereof respectively, the following:
"(c) Except as may otherwise be provided in this charter, the city council, by ordinance, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city, as is necessary for the proper administration of the affairs and government of this city. Subject to the foregoing, the following administrative departments are established: police, streets and sanitation, water and sewerage, parks and recreation, general administration and finance, and fire.
(d) There shall be a director of each department or agency of the city who shall be its principal officer. Each director shall be appointed by the mayor, with the advice and consent of the city council, at the first annual regular city council meeting or upon the vacancy in the department director's position. A department director may only be

FRIDAY, MARCH 5, 1993

1485

removed by the mayor for cause pursuant to the terms of the personnel policies as adopted by the city council."
Section 10. Said Act is further amended by redesignating Sections 3.11, 3.12, 3.13, and 3.14 as 3.12, 3.13, 3.14, and 3.15, respectively; by inserting immediately following Section 3.10 the following:
"Section 3.11. Powers and duties of the department directors. The department director shall be the administrative official of the department and shall be responsible to the city council for the administration of his or her department. The department directors shall have the following powers and duties:
(1) To hire, appoint, evaluate, reprimand, and subject to adverse disciplinary action all city employees supervised by the department directors within their departments, except as otherwise provided by general state law, this charter, city ordinance, or personnel policies adopted pursuant to this charter. The procedure to be followed by the department directors in fulfilling such duties shall be governed by the personnel policies as adopted by the city council;
(2) To attend all city council meetings and their respective committee meetings; (3) To submit to the finance director an annual budget for their respective departments. The department budgets will be compiled into a proposed balanced budget by the finance director and submitted to the General Administration and Finance committee for review and recommendation to the city council for approval; (4) To advise their respective committees as to the future needs of their departments; (5) To make any report as the council committee or city council may require concerning the operation of their departments and of any employees subject to their direction and supervision; (6) To prepare an inventory showing all real and personal property utilized by their departments and to submit such inventory to the finance director for compilation; (7) To make budgeted purchases from time to time of supplies, materials and equipment for their departments up to a dollar amount set by the council without first obtaining specific approval of the committee chairperson, the council committee, or the city council, provided that all other provisions of this charter and the ordinances of the city are complied with, including bid requirements, if applicable. All purchases in excess of such amount must be approved by the committee chairperson, the council committee, or the city council, depending on the amount of the expenditure; (8) To recommend to the council committee items of city personal property which the department director deems to be unnecessary or unfit for the use of the city. Upon approval by the council committee, the department director shall conduct all sales of such property declared to be surplus. The department director shall make all necessary publications and notices, procure bids, and, with the assistance of the finance director, conduct the bid openings and the sales; (9) To be responsible for the preparation and publication of all notices and announcements required by law with respect to the operation of their departments. Such notices shall be given to the city clerk for review and submittal for publishing;
(10) To supervise and report to the proper council committee regarding the performance of all contacts made for services or materials related to their departments; and
(11) To perform such other duties as may be assigned by the city council, the city charter, city ordinance, or general state law.";
and by striking newly redesignated Sections 3.13 and 3.14 and inserting in lieu thereof the following:
"Section 3.13. City attorney. The General Administration and Finance Committee shall nominate, for approval by the city council, a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city.

1486

JOURNAL OF THE HOUSE,

Section 3.14. City clerk. The General Administration and Finance Committee shall nominate, the city clerk for approval by the city council. Such nomination and council vote shall occur at the first regular city council meeting each year or upon a vacancy in such position. The duties of the city clerk shall be:
(1) To keep an accurate record and minutes of all meetings of the city council, to keep and affix the city seal as required to all official documents of the city, to attest the mayor's execution of official documents, and to certify under the city's seal such documents as may require certification;
(2) To maintain all city maps and update same on a regular basis to reflect appropriate changes thereon; and
(3) To perform such other duties as the city council may establish and as required by the city charter, city ordinance, or general state law."
Section 11. Said Act is further amended by striking in its entirety Section 4.11 and inserting in lieu thereof the following:
"Section 4.11. Judge. No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she shall have attained the age of 21 years and is a resident of Cobb County or Douglas County, Georgia. Members of the State Bar of Georgia shall be given preference in selection, but it is not required that the judge be a member of the State Bar. The judge shall be appointed by the General Administration and Finance Committee for approval by the city council. The judge may be removed from office by the city council in accordance with and as provided in Sections 5.18 and 5.19 of this charter. The compensation of the judge shall be set by the city council. Before entering on the duties of his or her office, the judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be filed with the city clerk."
Section 12. Said Act is further amended by striking in its entirety Section 5.18 and inserting in lieu thereof the following:
"Section 5.18. Grounds for removal. The mayor, councilmembers, or appointed persons filling nonemployee positions provided for in this charter shall be removed from office only for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law."
Section 13. All laws and parts of laws in conflict with this Act are repealed.

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

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.

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

FRIDAY, MARCH 5, 1993

1487

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.

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

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.

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

Y Colwell Connell Cox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G
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
Goodwin Y Greene
Groover Hammond Y Banner Y Harris.B Y Harris.M Hart Y Heard Y Hegstrom Y Hembree Henson Y Holland

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

Mobley,B Y Mobley,J Y Moore Y Mosley
Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Parham Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert Y 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 Snow Y Stancil.F Stancil.S Stanley,L Stanley,? Y Stephenson Y Streat Taylor Y Teague Y Teper Thomas.C Y Tillman
Y Titus Y Towery
Y Trense Turnquest
Y Twiggs Y Vaughan
Walker Wall Watson
Watts Y Westmoreland Y White
Williams.B Williams.R Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bills, the ayes were 121, nays 1. The Bills, having received the requisite constitutional majority, were

1488

JOURNAL OF THE HOUSE,

Representatives Atkins of the 29th, Hart of the 116th and Williams of the 114th 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 Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 338. By Senator Thompson of the 33rd:
A bill to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties," as amended, so as to provide a residency requirement for persons seeking election to the position of mayor or council member.
SB 353. By Senator Middleton of the 50th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, as amended, so as to change the provisions relating to the supervisor of roads.
SB 354. By Senator Thompson of the 33rd:
A bill to amend an Act entitled "An Act to increase the amount of the homestead exemption from City of Austell ad valorem taxes," so as to provide that such exemption shall apply to municipal taxes.
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.
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.
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.
SB 65. By Senators Clay of the 37th, Day of the 48th, Newbill of the 56th and others:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.

FRIDAY, MARCH 5, 1993

1489

SB 149. By Senator Abernathy of the 38th:
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 require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification.

SB 224. By Senators Tysinger of the 41st, Edge of the 28th and Isakson of the 21st:
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; to provide for definitions; to provide for a penalty.

SB 245. By Senator Henson of the 55th:
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 15 years of age or over while taking instruction from a licensed driving instructor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examinations; to provide for an effective date.

SB 260. By Senator Dawkins of the 45th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, so as to create the Privatization Review Commission; to provide for the powers, duties, and authority of such commission; to provide for members; to provide for terms of office, vacancies, and meetings; to provide for procedures; to provide for other matters relative to the foregoing; to provide an effective date.

SB 264. By Senators Ray of the 19th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize the Commissioner of Insurance to promulgate rules and regulations necessary for the enforcement of Title 33; to provide that certain proceedings relating to the administrative supervision of an insurer shall be confidential; to provide exceptions; to provide for the payment of the expenses of administrative supervision.

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.

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.

1490

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

FRIDAY, MARCH 5, 1993

1491

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

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

SR 128. By Senators Burton of the 5th, Marable of the 52nd, Huggins of the 53rd and others:
A resolution urging the Board of Regents of the University System of Georgia to consider the granting of foreign language credit to those students who demonstrate proficiency in American Sign Language.

SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and others:
A resolution creating the Ellis G. Arnall Tribute Commission.

SR 208. By Senators Clay of the 37th and Thompson of the 33rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.

SR 226. By Senator Hooks of the 14th:
A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date.

SR 233. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; to provide an effective date.

SR 256. By Senators Coleman of the 1st, Alien of the 2nd, Boshears of the 6th and others:
A resolution expressing appreciation to Honorable Downing Musgrove.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills 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.

1492

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.

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.

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.

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

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.

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.

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

SB 65. By Senators Clay of the 37th, Day of the 48th, Newbill of the 56th and others:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be disbursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.
Referred to the Committee on Public Safety.

FRIDAY, MARCH 5, 1993

1493

SB 149. By Senator Abernathy of the 38th:
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 require all state agencies to include the classification "multiracial" on all forms requesting information on racial identification; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to require all public schools to include the classification "multiracial" on all school forms requesting information on racial identification.
Referred to the Committee on State Planning & Community Affairs.
SB 224. By Senators Tysinger of the 41st, Edge of the 28th and Isakson of the 21st:
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; to provide for definitions; to provide for a penalty.
Referred to the Committee on Judiciary.
SB 245. By Senator Henson of the 55th:
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 15 years of age or over while taking instruction from a licensed driving instructor or a certified high school driver education instructor; to provide for use of dual control vehicles; to require insurance; to provide for eyesight examinations; to provide for an effective date.
Referred to the Committee on Motor Vehicles.
SB 260. By Senator Dawkins of the 45th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, so as to create the Privatization Review Commission; to provide for the powers, duties, and authority of such commission; to provide for members; to provide for terms of office, vacancies, and meetings; to provide for procedures; to provide for other matters relative to the foregoing; to provide an effective date.
Referred to the Committee on Rules.
SB 264. By Senators Ray of the 19th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize the Commissioner of Insurance to promulgate rules and regulations necessary for the enforcement of Title 33; to provide that certain proceedings relating to the administrative supervision of an insurer shall be confidential; to provide exceptions; to provide for the payment of the expenses of administrative supervision.
Referred to the Committee on Insurance.

SB 338. By Senator Thompson of the 33rd:
A bill to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties," as amended, so as to provide a residency requirement for persons seeking election to the position of mayor or council member.
Referred to the Committee on State Planning & Community Affairs - Local.

1494

JOURNAL OF THE HOUSE,

SB 353. By Senator Middleton of the 50th: A bill to amend an Act creating the Board of Commissioners of Rabun County, as amended, so as to change the provisions relating to the supervisor of roads.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 354. By Senator Thompson of the 33rd: A bill to amend an Act entitled "An Act to increase the amount of the homestead exemption from City of Austell ad valorem taxes," so as to provide that such exemption shall apply to municipal taxes.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others: A resolution creating the Atlanta Campaign Commission.
Referred to the Committee on Rules.

SR 128. By Senators Burton of the 5th, Marable of the 52nd, Huggins of the 53rd and others:
A resolution urging the Board of Regents of the University System of Georgia to consider the granting of foreign language credit to those students who demonstrate proficiency in American Sign Language.
Referred to the Committee on University System of Georgia.
SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and others:
A resolution creating the Ellis G. Arnall Tribute Commission.
Referred to the Committee on Rules.

SR 208. By Senators Clay of the 37th and Thompson of the 33rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 226. By Senator Hooks of the 14th:
A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 233. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; to provide an effective date.
Referred to the Committee on State Institutions & Property.

FRIDAY, MARCH 5, 1993

1495

The following Resolutions of the House and Senate were read and adopted:

HR 412. By Representative Carter of the 166th:
A resolution recognizing Mr. Lowry Sherman and proclaiming Sunday, March 14, 1993, as "Lowry Sherman Day" at Harrels Chapel Baptist Church.

HR 413. By Representative Oliver of the 154th: A resolution commending Judge Walter Virgil Strickland.

HR 414. By Representative Purcell of the 147th:
A resolution congratulating Ms. Mandy Rogers of Pembroke, Georgia, on her long and prosperous life.

HR 415. By Representative Oliver of the 154th: A resolution commending Judge Harry R. DeLoach.

HR 418. By Representative Streat of the 167th:
A resolution congratulating Wilbur Kevin Streat on the occasion of his sixteenth birthday.

HR 419. By Representatives Baker of the 70th, Henson of the 65th and Turnquest of the 73rd:
A resolution congratulating John Marshall Law School on the occasion of its sixtieth anniversary.

HR 420. By Representative Mobley of the 86th: A resolution commending James and Lorene Lay.

HR 421. By Representative Mobley of the 86th:
A resolution congratulating the Winder First Baptist Church on its centennial.

HR 423. By Representative Birdsong of the 123rd: A resolution commending Mary Reece.

HR 425. By Representatives Byrd of the 170th, Bargeron of the 120th, Lord of the 121st, Greene of the 158th and Watts of the 26th:
A resolution commending the International Association of Lions Clubs.

SR 256. By Senators Coleman of the 1st, Alien of the 2nd, Boshears of the 6th and others:
A resolution expressing appreciation to Honorable Downing Musgrove.

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

1496

JOURNAL OF THE HOUSE,

HR 78. By Representative Carrell of the 87th: A resolution compensating Mr. Ricky Lee Boynton.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 96. By Representative Royal of the 164th: A resolution compensating Ms. Nina Wilson.

The following Committee substitute was read and adopted:

A RESOLUTION
Compensating Ms. Nina Wilson; and for other purposes.
WHEREAS, on August 24, 1992, Ms. Nina Wilson was driving her 1985 Oldsmobile on State Highway 133 about six miles north of Moultrie, Georgia; and
WHEREAS, as a result of a defect in the roadway, water had accumulated in the roadway; and
WHEREAS, when the vehicle operated by Ms. Wilson contacted the water on the roadway, she lost control of the vehicle and the vehicle flipped over; and
WHEREAS, Ms. Wilson has suffered property damage to her vehicle totaling $2,000.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Wilson and it is only fitting and proper that she be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $2,000.00 to Ms. Nina Wilson as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

HR 155. By Representative Wall of the 82nd: A resolution compensating Ms. Lorraine Strickland.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

HR 156. By Representative Colwell of the 7th: A resolution compensating Mrs. L. C. Poore.

The following Committee substitute was read and adopted:

A RESOLUTION Compensating Mrs. L. C. Poore; and for other purposes.

FRIDAY, MARCH 5, 1993

1497

WHEREAS, Mrs. L. C. Poore has resided at 707 Chestatee Street in Dahlonega, Georgia, for over 40 years; and
WHEREAS, she had never had a problem with flooding on her property until the Department of Transportation redesigned the intersection of State Highway 60 and Pine Tree Road; and
WHEREAS, since such redesign, her property has been flooded twice, and, due to heavy rains on September 21, 1992, her property was damaged extensively; and
WHEREAS, the water and mud from the flooding severely damaged two concrete retaining walls, a lower retaining wall, a patio, the patio steps, a terrace, the shrubbery, the lawn, and a downstairs apartment; and
WHEREAS, Mrs. Poore has suffered property damage in the amount of $4,725.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mrs. Poore, and it is only fitting and proper that she be compensated for her loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $4,725.00 to Mrs. L. C. Poore as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

HR 157. By Representative Coleman of the 142nd: A resolution compensating Albert and Delia Mae Lampkin.

The following Committee substitute was read and adopted:

A RESOLUTION
Compensating Albert and Delia Mae Lampkin; and for other purposes.
WHEREAS, on July 7, 1992, two youths in foster care, under the jurisdiction of the former Division of Youth Services of the Department of Human Resources, joined with another youth and stole the 1982 Chevrolet truck owned by Albert and Delia Mae Lampkin of Dodge County, Georgia; and
WHEREAS, the motor vehicle was recovered by the police department of Macon, Georgia, on July 10, 1992; and
WHEREAS, a number of personal items were stolen from the motor vehicle and the motor vehicle was damaged as a result of a rear end collision which occurred while the vehicle was being operated by the three juveniles; and
WHEREAS, Albert and Delia Mae Lampkin have suffered property loss and damages to their motor vehicle totaling $1,500.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. and Mrs. Lampkin and it is only fitting and proper that they be compensated for their loss; and
WHEREAS, HB 1549 enacted at the 1992 regular session of the General Assembly (Ga. L. 1992, p. 1983) created the Department of Children and Youth Services, and various functions and responsibilities applicable to the Division of Youth Services of the Department of Human Resources were transferred to the new Department of Children and Youth Services.

1498

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Children and Youth Services is authorized and directed
to pay the sum of $1,500.00 to Albert and Delia Mae Lampkin as compensation as pro_vided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state
arising out of said occurrence.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

HR 263. By Representatives Godbee of the 145th and Parrish of the 144th: A resolution compensating Mr. Craig J. Winkler.

The following Committee substitute was read and adopted:

A RESOLUTION
Compensating Mr. Craig J. Winkler; and for other purposes.
WHEREAS, Mr. Craig J. Winkler has lived on property adjacent to Fifteen Mile Creek in Candler County for over six years; and
WHEREAS, on August 26, 1991, employees of the Department of Natural Resources at the George L. Smith II State Park opened flood gates at the park due to high water; and
WHEREAS, this resulted in property along the Fifteen Mile Creek having water three to four feet above normal flood level; and
WHEREAS, Mr. Winkler's property and garage were flooded as well as the Pine Hollow Nursery operated by Mr. Winkler on such property; and
WHEREAS, Mr. Winkler has suffered property damage in the amount of $1,400.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Winkler and it is only fitting and proper that he be compensated for his loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $1,400.00 to Mr. Craig J. Winkler as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Resolutions.
On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates
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
Campbell Y Canty

Y Carlisle Carrell
Y Carter Y Cauthorn
Chambless Y Chandler

FRIDAY, MARCH 5, 1993

1499

Y Channell Childers
Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell
Connell
YCox Y Crawford Y Crews
Culbreth
Y Cummings Y Davis.G
Davis.M Dickinson Dix Y Dixon.H Y Dixon,S Dobbs Y Dover Y Ehrhart
YEpps Y Evans
Felton Floyd,J.M Y FloyeU.W
Y Godbee Y Golden
Good win

Y Greene Groover
Y Hammond
Y Banner Y Harris.B Y Harris,M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Y Howard
Hudson Y Hughes Y Hugley Y James Y Jamieson
Jenkins Johnson.D.H Y Johnson,E Y Johnson,G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye E Kinnamon Y Klein

YLadd Y Lakly
Lane.D Y Lane.R Y Lawrence Y Lawson
Lee 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
Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Parham Parrish
Y Patten

Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert
Y 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 Smith.T Y Smith,V Smith.W

Smyre YSnow Y Stancil.F
Stancil.S Stanley,L Stanley,P Y Stephenson Y Streat Taylor Y Teague Y Teper 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 adoption of the Resolutions, the ayes were 125, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives 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.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 416. By Representatives Shanahan of the 10th and Pinholster of the 15th:
A resolution congratulating Erin Nicole Nance of Calhoun, Georgia, and inviting her to appear before the House of Representatives.

The following Bill of the House having been previously taken up was read:

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.

The following Committee substitute was read and withdrawn:

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 definitions; to provide for procedures; to provide for penalties; to provide for powers, duties, and

1500

JOURNAL OF THE HOUSE,

authority of the state revenue commissioner with respect to such withholding; to provide for exceptions; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (1) of subsection (f) of Code Section 48-2-56, relating to liens for taxes, and inserting in its place a new paragraph (1) to read as follows:
"(1) Arise and attach to all property of the defaulting employer or other person required to deduct and withhold on the date of the assessment of the taxes by operation of law or by action of the commissioner;".
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 48-7-127, to be designated Code Section 48-7-128, to read as follows:
"48-7-128. (a) As used in this Code section, the term 'nonresident of Georgia' shall include individuals, trusts, partnerships, corporations, and unincorporated organizations.
(b) (1) Except as otherwise provided in this Code section, in the case of any sale or transfer of real property and related tangible personal property located in Georgia by a nonresident of Georgia, the buyer or transferee shall be required to withhold and remit to the commissioner on forms provided by the commissioner a withholding tax equal to 3 percent of the purchase price or consideration paid for the sale or transfer. Any buyer or transferee who fails to withhold such amount shall be personally liable for the amount of such tax.
(2) There shall be imposed a penalty of the greater of $250.00 or 5 percent of the amount which was required to be withheld on any buyer or transferee who fails to withhold as required under this Code section. Where more than one party is subject to the withholding requirement imposed in this subsection, the personal liability between those parties shall be joint and several.
(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 collected in the same manner as all other withholding taxes imposed by this article. (c) (1) At the request of the seller or transferor, the commissioner may authorize that a reduced amount or no amount be withheld under subsection (b) of this Code section if it is determined that the actual gain required to be recognized on the sale or transfer would result in less tax than 3 percent of the purchase price. The seller or transferor shall provide to the buyer or transferee in such cases documentation of the commissioner's authorization to withhold a lesser amount. If the commissioner determines that the seller or transferor has falsely represented the amount of gain required to be recognized, there shall be imposed on the seller or transferor a penalty of the greater of $500.00 or 10 percent of the amount which should have been withheld.
(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 collected in the same manner as the withholding tax imposed by this article. (d) Subsection (b) of this Code section shall not apply where the real property being sold or transferred is a principal residence of the seller or transferor within the meaning of Section 1034 of the Internal Revenue Code or where the seller or transferor is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration. The commissioner may by regulation set a purchase price amount below which no withholding is required. (e) (1) Unless otherwise provided, if the seller or transferor is a partnership or Subchapter 'S' corporation or other unincorporated organization which certifies to the buyer or transferee that a composite return is being filed on behalf of the nonresident partners, shareholders, or members and that the partnership, Subchapter 'S' corporation, or unincorporated organization remits the tax on the gain on behalf of the nonresident partners, shareholders, or members, the buyer or transferee shall not be

FRIDAY, MARCH 5, 1993

1501

required to withhold as provided in this Code section. Any nonresident partner, shareholder, or member who falsely certifies that a consolidated return is being filed on behalf of such partner, shareholder, or member shall be liable for a penalty in the amount of $500.00 or 10 percent of the amount required to be withheld, whichever is greater.
(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 collected in the same manner as the withholding tax imposed by this article, (f) Every buyer or transferee of real property located in Georgia who is required to deduct and withhold the withholding tax imposed by subsection (b) of this Code section shall file the required return and remit payment to the department on or before the last day of the calendar month following the calendar month within which the sale or transfer giving rise to the withholding tax occurred."
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 with respect to any sale or transfer occurring on or after January 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Jamieson of the 22nd was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for withholding tax at the source on the sale or transfer of real property and associated tangible property by certain nonresidents; to provide for definitions; to provide for procedures; to provide for penalties; to provide for powers, duties, and authority of the state revenue commissioner with respect to such withholding; to provide for exceptions; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (1) of subsection (f) of Code Section 48-2-56, relating to liens for taxes, and inserting in its place a new paragraph (1) to read as follows:
"(1) Arise and attach to all property of the defaulting employer or other person required to deduct and withhold on the date of the assessment of the taxes by operation of law or by action of the commissioner;".
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 48-7-127, to be designated Code Section 48-7-128, to read as follows:
"48-7-128. (a) As used in this Code section, the term 'nonresident of Georgia' shall include individuals, trusts, partnerships, corporations, and unincorporated organizations. Any seller or transferor who meets all of the following conditions and who provides the buyer or transferee with an affidavit signed under oath swearing or affirming that the following conditions are met will be deemed a resident for purposes of this Code section:
(1) The seller or transferor has filed Georgia income tax returns or appropriate extensions have been received for the two income tax years immediately preceding the year of sale;
(2) The seller or transferor is in business in Georgia and will continue substantially the same business in Georgia after the sale or the seller or transferor has real property remaining in the state at the time of closing of equal or greater value than the withholding tax liability as measured by the 100 percent property tax assessment of such remaining property;

1502

JOURNAL OF THE HOUSE,

(3) The seller or transferor will report the sale on a Georgia income tax return for the current year and file it by its due date; and
(4) If the seller or transferor is a corporation or limited partnership, it is registered to do business in Georgia. (b) (1) Except as otherwise provided in this Code section, in the case of any sale or transfer of real property and related tangible personal property located in Georgia by a nonresident of Georgia, the buyer or transferee shall be required to withhold and remit to the commissioner on forms provided by the commissioner a withholding tax equal to 3 percent of the purchase price or consideration paid for the sale or transfer; provided, however, that if the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller or transferor, the buyer or transferee shall withhold and pay over to the commissioner only the net proceeds otherwise payable to the seller or transferor. Any buyer or transferee who fails to withhold such amount shall be personally liable for the amount of such tax.
(2) 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 collected in the same manner as all other withholding taxes imposed by this article. (c) If the seller or transferor determines that the amount required to be withheld pursuant to paragraph (1) of subsection (b) of this Code section will result in excess withholding on any gain required to be recognized from the sale, the seller or transferor may provide the buyer or transferee with an affidavit signed under oath swearing or affirming to the amount of the gain required to be recognized from the sale, and the buyer or transferee shall withhold 3 percent of the amount of the gain required to be recognized, if any, stated in the affidavit rather than as provided in paragraph (1) of subsection (b) of this Code section. If, however, the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller or transferor, the buyer or transferee shall withhold and pay over to the commissioner only the net proceeds otherwise payable to the seller or transferor. (d) Subsection (b) of this Code section shall not apply where the real property being sold or transferred is a principal residence of the seller or transferor within the meaning of Section 1034 of the Internal Revenue Code or where the seller or transferor is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration. The commissioner may by regulation set a purchase price amount below which no withholding is required. (e) (1) Unless otherwise provided, if the seller or transferor is a partnership or Subchapter 'S' corporation or other unincorporated organization which certifies to the buyer or transferee that a composite return is being filed on behalf of the nonresident partners, shareholders, or members and that the partnership, Subchapter 'S' corporation, or unincorporated organization remits the tax on the gain on behalf of the nonresident partners, shareholders, or members, the buyer or transferee shall not be required to withhold as provided in this Code section. Any nonresident partner, shareholder, or member who falsely certifies that a composite return is being filed on behalf of such partner, shareholder, or member shall be liable for a penalty in the amount of $500.00 or 10 percent of the amount required to be withheld, whichever is greater.
(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 collected in the same manner as the withholding tax imposed by this article. (f) Every buyer or transferee of real property located in Georgia who is required to deduct and withhold the withholding tax imposed by subsection (b) of this Code section shall file the required return and remit payment to the department on or before the last day of the calendar month following the calendar month within which the sale or transfer giving rise to the withholding tax occurred."
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 with respect to any sale or transfer occurring on or after January 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, MARCH 5, 1993

1503

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

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot N Bargeron N Barnes N Bates Y Benefield
Birdsong Bordeaux
Y Bostick N Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner YBunn Y Burkhalter YByrd N 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
Coleman.T

Colwell Connell
NCox N Crawford
Y Crews Y Culbreth
Cummings
Y Davis.G N Davis,M Y Dickinson NDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart
YEpps Evans
Y Felton Floyd,J.M
Y Ployd,J.W
Y Godbee N Golden
Goodwin
Y Greene Groover
N Hammond Y Hanner Y Harris,B N Harris,M
NHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

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

Y Mobley.B Y Mobley,J N Moore Y Mosley Y Mueller
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
Poston Y Powell Y Purcell
Randall Y Randolph YRay Y Reaves N Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield N 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
Taylor
Teague Y Teper
Y Thomas.C Y Tillman Y Titus N Towery Y Trense Y Turnquest N Twiggs
N Vaughan Walker
Y Wall
Y Watson Y Watts N Westmorland Y White Y Williams,B N Williams.R
Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 109, nays 40.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Cummings of the 27th and Holmes of the 53rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 385 was ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 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 adopted:

1504

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 2-9-11.1 of the Official Code of Georgia Annotated, relating to ownership of agricultural product harvested by a dealer, so as to provide for the prompt payment of fresh produce; to provide a time limitation for such payment; to provide for a certificate of receipt; to provide for the contents of such certificate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 2-9-11.1 of the Official Code of Georgia Annotated, relating to ownership of agricultural product harvested by a dealer, is amended by designating the current text as subsection (a) and inserting new subsections (b) and (c) to read as follows:
"2-9-11.1. (a) In the absence of a written contract between the producer and a dealer in agricultural products to the contrary, any agricultural product 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 or an agent or employee thereof on the farm or at a facility of the dealer shall become the property of the dealer at the time of delivery and the dealer shall become obligated to pay the agreed-upon price therefor as provided in subsection (b) of this Code section unless stieh agricultural product ts iuspcctod snd & ccrtiticdcc 9tfltin iticit tiic flgpicuitupfti product ts m ct spoiled, damaged, er unmarketable condition is issued by eat inspector pursuant te ed Section 2 0-11 within 48 hours ef- delivery of the agricultural product te the dealer.
(b) A dealer in agricultural products shall make prompt payment for agricultural products purchased in this state. Prompt payment shall mean payment 20 days following delivery, as provided in subsection (a) of this Code section, unless explicitly stated otherwise in a written contract agreed to by the producer and dealer in agricultural products.
(c) Unless explicitly stated otherwise in a written contract, at the time of delivery as specified in subsection (a) of this Code section, the dealer in agricultural products 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, including but not limited to the:
(1) Name and address of the dealer in agricultural products; (2) Name and address of the producer; (3) Delivery date and time of receipt; (4) Description of the product as to identity, quantity, quality, condition, and grade of the product; (5) Price per unit; and (6) Terms of the transaction. Information contained in the certificate of receipt and quality pertaining to quality, quantity, and price shall be presumed to be satisfied unless such agricultural product is inspected and a certificate stating the product is in a different condition is issued by an inspector pursuant to Code Section 2-9-11 within 48 hours of delivery of the agricultural product to the dealer."
Section 2. This Act shall become effective on 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 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 Bannister
Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Birdsong Bordeaux

Y Bostick Y Breedlove Y Brooks.D

FRIDAY, MARCH 5, 1993

1505

N Brooks.T Brown
YBuck N Buckner Y Bunn 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
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
Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
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
Holmes Howard Y Hudson
Y Hughes Y Hugley Y James Y Jamieson
Jenkins Johnson.D.H

Y Johnson,E Y Johnson,G Y Johnson,J
Johnston Jones Y Joyce YKaye E Kinnamon Y Klein YLadd Y Lakly Y Lane.D
Y Lane,R Y 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

O'Neal Y 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 Y Randolph
YRay Y Reaves Y Reichert
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
Stanley,L
Stanley,? Y Stephenson Y Streat
Taylor
Y Teague Y Teper 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 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 149, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Culbreth of the 132nd, Holmes of the 53rd and Lawson of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 341 was ordered immediately transmitted to the Senate.

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 410 Do Pass
Respectfully submitted, Is/ Reaves of the 178th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

1506

JOURNAL OF THE HOUSE,

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 recommendation:
HB 1024 Do Pass
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Colwell of the 7th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 402 Do Pass
Respectfully submitted, /s/ Colwell of the 7th
Chairman

The Speaker Pro Tern assumed the Chair.

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

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.

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
Brooks.T Brown Y Buck Y Buckner Y Bunn

Y Burkhalter Y 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
Connell Y Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson Y Dix
Dixon.H Y Dixon,S
Dobbs Y Dover
Ehrhart Y Epps Y Evans Y Felton
Y Floyd.J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin

Y Greene Groover Hammond
Y Manner Y Harris.B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
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
Jones Y Joyce Y Kaye E Kinnamon Y Klein Y Ladd Y Lakly Y Lane,D Y Lane.R Y Lawrence
Lawson Y Lee Y Lewis Y Lord Y Lucas

FRIDAY, MARCH 5, 1993

1507

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 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
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
Stanley.L Stanley,? Y Stephenson Y Streat Taylor Y Teague YTeper Y Thomas.C Y Tillman Y Titus

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 passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Ehrhart of the 36th and Lawson of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Planning & Community Affairs - Local and referred to the Committee on Retirement.

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.

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

HR 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.

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 Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong

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 Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark

Y Coker Y Coleman.B
Coleman.T Y Colwell
Connell YCox Y Crawford
Crews Y Culbreth Y Cummings Y Davis,G

Y Davis.M
Y Dickinson Y Dix Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps
Evans Y Felton

1508

JOURNAL OF THE HOUSE,

Y Floyd,J.M FIoyd,J.W
Y 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 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 JohnsonJ Y Johnston
Jones Y Joyce Y Kaye E 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
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
Pelote Perry Y Pinholster
Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell
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 Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,? Y Smith.T
Y Smith,V Y Smith,W
Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley.L

Stanley,? Y Stephenson Y Street
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 adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Holmes of the 53rd 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.

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.

The following Committee substitute was read and adopted:

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 local boards of education from certain county and municipal fees and assessments; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum educational facility requirements, is amended by adding at the end a new subsection to read as follows:
"(d) A local board of education shall be exempt from county and municipal assessments and fees for county and municipal building permits and inspections and exempt from county and municipal impact fees. This subsection shall be automatically repealed December 31, 1995."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

FRIDAY, MARCH 5, 1993

1509

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 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 Buckncr
Y Bunn Y 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 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
Groover Y Hammond
Manner Y Harris.B Y Harris.M YHart Y Heard
N Hegstrom Y Hembree
Henson Y Holland

Holmes Howard Y Hudson N Hughes 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 E 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 Y McKinney,B Y Milam Y Mills

Y Mobley.B
N 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 NPoag Y Polak
Y Porter Y Poston
Powell Y Purcell
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,? Y Smith.T Y Smith.V Y Smith, W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley.L
Stanley,? Y Stephenson Y Streat
Taylor
Teague YTeper
Y Thomas.C Y Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs Y Vaughan N Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B Y Williams,R Y Yates N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Holmes of the 53rd 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.

By unanimous consent, HB 255 was ordered immediately transmitted to the Senate.

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.

The following amendment was read and adopted:

The Committee on Education moves to amend HB 282 by striking from line 27 of page 1 the following:
"share for any local school system",
and inserting in lieu thereof the following:

1510

JOURNAL OF THE HOUSE,

"share for all local school systems". By striking from line 2 of page 2 the following: "$595",
and inserting in lieu thereof the following: "$615".

The following amendment was read and adopted:
Representative Sherrill of the 62nd moves to amend HB 282 as follows: Page 1, line 26 between "the" and "local", insert the words: statewide total.
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 N Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck
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
Coleman.T

Y Colwell Connell
NCox 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
Goodwin Greene 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
Hugley Y James Y Jamieson
Jenkins Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Jones Y Joyce YKaye E 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 N 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 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
Reichert Y Roberts
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
Stanley.L Stanley,? Y Stephenson Y Streat 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
White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 149, nays 4.
The Bill, having received the requisite constitutional majority, was passed, amended.

By unanimous consent, HB 282 was ordered immediately transmitted to the Senate.

FRIDAY, MARCH 5, 1993

1511

HB 972. By Representative Chambless of the 163rd:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to 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.

The following amendments were read and adopted:

Representatives Poston of the 3rd and Chambless of the 163rd move to amend HB 972 as follows:
P. 3 line 5 change "shall" to "may".

Representatives Chambless of the 163rd and Klein of the 39th move to amend HB 972 as follows:
Insert between "application" and "." on page 2 line 31:
"(6) If the application is submitted on motion of the committee, the chair or acting chair shall notify the person whose conduct is in issue that the subpoena will be sought before presenting it to the court."

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
Baker Y 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 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 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 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 N James
Jamieson Y Jenkins
Johnson,D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston N Jones Y Joyce YKaye E 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 Y McKinney,B
Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock
Y Padgett Y 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 E 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
Stancil,F Y Stancil.S Y Stanley.L N Stanley,? Y Stephenson Y Streat
Taylor
N Teague Y Teper Y Thomas,C N Tillman Y Titus
Y Towery Y Trense N Turnquest
YTwiggs Y Vaughan
Walker Y Wall Y Watson
Y Watts Y Westmoreland
White Y Williams.B Y Williams.R YYates Y Yeargin
Murphy.Spkr

1512

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 154, nays 9.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Stancil of the 91st 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 McKinney of the 51st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 972 was ordered immediately transmitted to the Senate.

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.

The following Committee substitute was read:

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; to prohibit the payment of a total loss claim by an insurer until the owner provides title to the vehicle to the insurer for submission to the state for the addition of a salvage legend to such title; to impose certain requirements on owners, insurers, and lienholders to submit titles for salvage motor vehicles to the commissioner for cancellation; to provide for penalties for noncompliance; to require an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the registration and title of such vehicle prior to payment of such claim; to exempt certain vehicles suffering only minor damage from the definition of a salvage vehicle; to require inspection of stolen vehicles for which insurance claims are paid in order to determine whether such vehicles are to be declared salvage vehicles; to provide for designation of flood damaged and fire damaged vehicles on the face of the certificate of title; to prohibit issuance of a title for any vehicle declared nonrebuildable by any other state; to authorize exclusion of mobile homes from the certificate of title laws upon conversion to real property status; to provide for reissuance of a certificate of title to a mobile home which has been reconverted to tangible personal property status; to authorize imposition of an additional fee for issuance of a certificate of title for a vehicle previously titled in another country; to impose certain restrictions on rebuilders; to provide that vehicles damaged to the extent that safe repair of such vehicle is impossible shall not be titled under any circumstances; to provide for editorial revisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a license plate, in its entirety and inserting in lieu thereof the following:
"40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 of each year without complying

FRIDAY, MARCH 5, 1993

1513

with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him such owner, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate.
(d) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without maintaining either the original certificate of registration for such vehicle or a copy of such certificate in the vehicle at all times. The driver of any motor vehicle shall present proof of registration upon demand by any law enforcement officer."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-2-20, relating to motor vehicle registration and licensing requirements, in its entirety and inserting in lieu thereof the following:
"(a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapte^ and obtain a license to operate it for the ensuing year2 and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42 and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such

1514

JOURNAL OF THE HOUSE,

vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration."
Section 3. Said title is further amended by striking subsection (b) of Code Section 40-2-66, relating to transfer of special license plates for members of Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $1.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate."
Section 4. Said title is further amended by striking paragraph (11) of Code Section 40-3-2, relating to the definition of salvage motor vehicle, in its entirety and inserting in lieu thereof the following:
"40-3-2. (11) 'Salvage motor vehicle' means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable con-
dition would require the replacement of two or more major component parts bat shall
et transferred as a result ef- such damage er repa;

FRIDAY, MARCH 5, 1993

1515

. Wtticii rifls Dec11 flccjuircu Dy &n insurflnce couipflny ds trie result ot the
would require the replacement ef two er mere major component parts; { ) (B) For which an insurance company has paid a total loss claim and the vehi-
cle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which a insurance company paid a total tesa
extent that its restoration te a operable condition would net require the replacement ef two e* more majer component parts and which has the manufacturer's vehicle identification number plate intact; which has been recovered with the public manufacturer's vehicle identification number plate intact and the vehicle:
{i]_Is undamaged; (ii) Has only cosmetic damage; or (iii) Has been damaged but only to the extent that its restoration to an operable condition will not require the replacement of two or more major component parts; {B} (C) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. The term salvage motor vehicle shall not include any motor vehicle for which a total loss claim has been paid which vehicle has sustained only cosmetic damage from causes other than fire or flood."
Section 5. Said title is further amended by striking paragraphs (17) and (18) of Code Section 40-3-4, relating to exclusions from the certificate of title law, in their entirety and inserting in lieu thereof the following:
(17) A vehicle with a model year prior to 1963; e* (18) A moped; ; or (19) A mobile home which has been declared real property by the tax commissioner or tax collector of the county within which such mobile home is located, and which mobile home is taxed as real property:
(A) The owner of a mobile home which has a valid certificate of title and which becomes subject to the exclusion provided for in this paragraph shall apply for retirement of the certificate of title on the form prescribed by the commissioner.
(B) If, subsequent to retirement of the title on a mobile home which has been declared real property and taxed as such, the mobile home is reconverted to tangible personal property the owner may apply for a new certificate of title in the manner prescribed by the commissioner."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-3-21.1, relating to the impact fee for a vehicle titled outside of Georgia, in its entirety and inserting in lieu thereof the following:
"(a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state or country, a fee shall be levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule compiled by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehicles with a fair market value in excess of $25,000.00. Persons who have paid an equivalent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection."
Section 7. Said title is further amended by striking Code Section 40-3-36, relating to salvage certificates of title, in its entirety and inserting in lieu thereof the following:
"40-3-36. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation.

1516

JOURNAL OF THE HOUSE,

(2) (A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.
(B) A motor vehicle owner who retains possession of a damaged vehicle which is a salvage motor vehicle as defined in paragraph (11) of Code Section 40-3-2 shall surrender the license plates and registration for such vehicle, shall not operate such vehicle upon the roads of this state, and shall not sell, trade, or otherwise dispose of such vehicle prior to obtaining a salvage certificate of title for such vehicle.
{B} (C) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss clainij the vehicle owner, and the lienholder or security interest holder, as applicable, shall notify the commiasienef and the ewnef
Of tftC pftyUlC fit Or ft LOtfll 1O89 Clflirftr .TrFlOF cO pflyR1C HI Or 9UCn Clflllfty tllC 1 fl 9UF ELHC6
coinpfluy 9rid.ii ifnOfiw wie owner of cn& vdiiciGj Ht writm^j on st town* prcscnDGQ oy the commisaioncr, ef aH title and rcgiatration obligations attendant te retaining such vehicle, take the following steps to secure a salvage certificate of title for such motor vehicle:
^i)_If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall mail or deliver the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title;
(ii) If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an application for a replacement title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall mail or deliver such application and form to the commissioner for issuance of a replacement original title marked salvage;
(iii) If the lienholder or security interest holder has possession of the certificate of title, the vehicle owner shall complete an application for a replacement title on a form provided by the commissioner and shall deliver the completed form to the insurance company prior to the payment of the claim; the insurance company shall thereafter mail or deliver the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been cancelled, and the commissioner shall provide to the lienholder or security interest holder a salvage certificate of title for such vehicle, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, mail or deliver the cancelled original certificate of title to the commissioner; or
(iv) For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle license plate and certificate of registration for such vehicle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and certificate of registration to the commissioner with a completed form provided by the commissioner; provided,

FRIDAY, MARCH 5, 1993

1517

however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph. (D) The Department of Revenue shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company.
(b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (2) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.
(c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.
(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-37, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this

1518

JOURNAL OF THE HOUSE,

subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor. Any owner of a salvage motor vehicle who transfers or attempts to transfer such vehicle without obtaining a salvage certificate of title for such vehicle shall be guilty of a misdemeannor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. Any lienholder or security interest holder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vehicle, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00.
(i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle.
(j) If any insurance company pays a total loss claim to the registered owner of a salvage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commissioner of the license plate number of such salvage motor vehicle."
Section 8. Said title is further amended by adding a new code Section 40-3-36.1 to read as follows:
"40-3-36.1. For any salvage motor vehicle which, after inspection, it is determined that repair to an operable condition does not require replacement of two or more major component parts but it is determined that the damage to the vehicle is a result of flood or fire shall be designated as flood damaged or fire damaged by the commissioner and such designation shall be indicated on the face of the certificate of title for such vehicle."
Section 9. Said title is further amended by striking Code Section 40-3-37, relating to inspection of salvaged and rebuilt vehicles, in its entirety and inserting in lieu thereof the following:
"40-3-37. (a) As used in this Code section, the term: (1) 'Application for a certificate of title on a recovered stolen motor vehicle' means
an application for a certificate of title for a motor vehicle for which an insurance company has paid a total loss claim, has obtained a title marked 'unrecovered stolen motor vehicle,' and which has subsequently been recovered.
(2) 'application Application for a certificate of title on a salvaged or rebuilt motor vehicle' means:
{4} (A) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-36 and which has been repaired;
{3} (B) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase; or
{3} (C) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2. (b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor

FRIDAY, MARCH 5, 1993

1519

vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:
(A) Substantially all its interior parts;
(B) Engine; (C) Transmission; (D) All doors; (E) Complete soft top assembly including roof mechanism;
(F) Front clip assembly (fenders, hood, and bumper); or (G) Cab and bed of a pick-up truck, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required
reinspections even though the motor vehicle may have been previously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall
refuse to issue a certificate of title until compliance is reached. The commissioner may order additional, corrective repairs to such vehicle as a condition of issuance of a certificate of title.
(c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commis-
sioner in his inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a certificate
of title and obtain an inspection of such vehicle prior to the painting of such vehicle. (d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the
replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to
all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an
operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commissioner shall
prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.
(B) If it is determined that the motor vehicle required or shall require the
replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be
affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner
as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982.

1520

JOURNAL OF THE HOUSE,

(2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(3) If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond. (e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle. If, under the laws of any other state, a vehicle has been declared to be nonrebuildable, the commissioner shall not issue any certificate of title for such vehicle and the vehicle shall not be used for any purpose except parts. (f) (1) Motorcycles shall be exempt from the salvage laws of this state.
(2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word 'rebuilt.'"
Section 10. Said title is further amended by striking subsection (c) of Code Section 40-3-56, relating to satisfaction of security interests and liens, in its entirety and inserting in lieu thereof the following:
"(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a etef mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner."
Section 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Purcell of the 147th moves to amend the Committee substitute to HB 164 as follows:
Page 4 line 10 add "vehicle owner has three days to produce registration papers".

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:

FRIDAY, MARCH 5, 1993

1521

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield N Birdsong
Bordeaux Y Bostick N Breedlove
Y BrooksJD 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 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 N Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover
N Ehrhart YEpps Y Evans
Felton Y Floyd.J.M Y Floyd,J.W
Y Godbee Y Golden
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 N Hughes Y Hugley Y James Y Jamieson
Jenkins Johnson.D.H Y Johnson,E Y Johnson ,G Y Johnson ,J
Y Johnston N Jones N Joyce
Kaye E Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson
YLee N Lewis YLord
Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B YMilam
Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
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 Y Randall
Randolph YRay Y Reaves N Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C 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 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, by substitute, as amended, the ayes were 148, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Jenkins of the 110th, Kaye of the 37th and Mills of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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.

The following Committee substitute was read:

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 the commission shall be assigned to the Department of Labor for administrative purposes only; to provide that members shall receive a per diem allowance to be paid from certain funds only; to provide for a certain number of meetings annually; to repeal conflicting laws; and for other purposes.

1522

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on Women, is amended by striking Code Section 50-12-81, relating to members of the commission, in its entirety and inserting in lieu thereof the following:
"50-12-81. (a) The commission shall elect a chairman, vice chairman, and a secretary from among its members for terms of two years, and any member shall be eligible for successive election to such office by the commission. A quorum for transacting business shall be a majority of the members of the commission.
(b) The commission is assigned to the Department of Labor for administrative purposes. The department is authorized and directed to receive public and private moneys on behalf of the commission and to disburse such moneys at the direction of the commission."
Section 2. Said article is further amended by striking Code Section 50-12-83, relating to reimbursement of member expenses, in its entirety and inserting in lieu thereof the following:
"50-12-83. The members Each member of the commission shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of the commission not to exceed 12 meetings per year to be paid solely be rcimburaed for cxpcnaca incurred white conducting the business ef the commission from public or private grants, devises, or bequests received by the commission."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Davis of the 48th moves to amend the Committee substitute to HB 68 by striking from line 12 page 2: "public or".

The Committee substitute, as amended, was adopted.

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

Y 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 YByrd Y Campbell

Y Canty 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 Y Connell YCox Y Crawford N Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson

YDix Y Dixon.H
Dixon.S Y Dobbs Y Dover
Ehrhart YEpps
Evans Y Felton
Y Floyd,J.M Y FloydJ.W
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
Johnson.D.H Y Johnson,E Y Johnson,G Y JohnsontJ Y Johnston Y Jones N Joyce YKaye E Kinnamon Y Klein YLadd N Lakly

Y Lane.D 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 Y Milam
Mills Y Mobley,B Y Mobley,J N Moore Y Mosley
Mueller Y Oliver
O'Neal

FRIDAY, MARCH 5, 1993

1523

Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Peiote Y Perry Y Pinholster Y Poag Y Polak
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 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
Taylor Y Teague Y 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 N Westmoreland
White Y Williams.B
Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 151, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Atkins of the 29th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 "aye" thereon.

Representatives Williams of the 114th and Mills of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

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.

The following Committee substitute was read and adopted:

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 nor more than 30 years, or for life but only upon having received notice, in writing, that the state intends to seek life imprisonment; to provide for life imprisonment upon second or subsequent convictions of aggravated child molestation; to provide for related matters; to provide that sentences shall not be suspended; 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 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, is amended by striking subsections (b) and (d) of said Code section and inserting in lieu thereof the following:
"(b) A person convicted of the a first offense of child molestation shall be punished by imprisonment for not less than one nor more than 20 years. Upon a such first conviction of the offense of child molestation, the judge may probate the sentence; and such

1524

JOURNAL OF THE HOUSE,

probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for a such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or third subsequent conviction of 9ek an offense of child molestation, the defendant shall be punished by imprisonment for not less than five years? for tt fourth or subsequent conviction ef the offcnsc ef ehttd molestation, the defendant shall be punished by imprisonment for 86 years. Adjudication of guilt or imposition ef- sentence for conviction ef a third, fourth, er subsequent effense ef child molestation, including ft pteft ef nete contcndcrc, shaft net be suspended, probated, deferred, er withheld nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld."
"(d) A person convicted of the a first offense of aggravated child molestation shall be punished by imprisonment for not less than two nor more than 30 years. Upon a second or subsequent conviction of aggravated child molestation, the defendant shall be punished by imprisonment for life."
Section 2. This Act shall become effective on July 1, 1993, and shall apply to criminal offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 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
Byrd 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
Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth N 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 N 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 E Kinnamon Y Klein YLadd Y Lakly YLane.D YLane,R Y Lawrence Y Lawson YLee Y Lewis
Lord

N Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B Mitam 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 YPoag Y Polak Y Porter YPoston 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 Sinkfield
Y Skandalakis Y Skipper Y Sraith.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
Taylor
N Teague Teper
Y Thomas.C Y Tillman Y Titus Y Towery

FRIDAY, MARCH 5, 1993

1525

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 157, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Cummings of the 27th and Heard of the 89th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

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 hours worked, 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; to provide for fines; to provide for criminal penalties; to provide for appeals; to provide for construction; to provide for related matters; to provide for a contingent 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 34 of the Official Code of Georgia Annotated, relating to labor pools, is amended by adding at the end of Code Section 34-10-1, relating to definitions, a new paragraph (5) to read as follows:
"(5) 'Work-site employer' means any business entity or employing unit with which a labor pool contracts or otherwise agrees to furnish temporary workers for short-term assignments of casual labor."
Section 2. Said chapter is further amended by striking Code Section 34-10-2, relating to prohibited acts or practices, in its entirety and inserting in lieu thereof the following:
"34-10-2. A labor pool or work-site employer shall be prohibited from engaging in any of the following acts or practices:
(1) Charging a temporary employee a rental fee or any other type of fee for supplying any type of equipment to be used by the temporary employee in performing a work assignment;
(2) Charging a temporary employee a transportation fee for the transporting of such employee from the business premises of the labor pool or other point of embarkation to or from a work assignment; er
(3) Failing to inform a person who is to be placed on a work assignment involving exposure to hazardous chemicals that such assignment involves the exposure of such person to hazardous chemicals and failing to obtain such person's consent on the form described in Code Section 34-10-37;

1526

JOURNAL OF THE HOUSE,

(4) Failing to provide a pay stub or register to the temporary employee to indicate the number of hours worked, the rate of pay, and any deduction therefrom; or
(5) Paying a temporary employee in any medium other than cash or check; provided, however, that any check must be redeemable at full value."
Section 3. Said chapter is further amended by striking Code Section 34-10-3, relating to consent forms for exposure to hazardous chemicals, in its entirety and inserting in lieu thereof the following:
"34-10-3. (a) The Department of Labor shall promulgate by rule or regulation the language and format of a consent form to be provided and used by a labor pool to inform persons that a work assignment involves the exposure to hazardous chemicals and to obtain such person's consent as required in paragraph (3) of Code Section 34-10-2.
(b) The Commissioner of Labor shall have the power and authority to adopt or rescind such rules or regulations and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to effectuate and enforce the provisions of this chapter.
(c) Any labor pool or work-site employer which is found by the department, after notice and an opportunity for a hearing, to have willfully violated any provision of this chapter shall be subject to an administrative fine not to exceed $1,000.00 for each separate violation. Each day during which any such violation occurs shall constitute a separate violation.
(d) Any determination by the department that a labor pool or work-site employer has willfully violated any provision of this chapter shall be subject to appeal. Any hearing conducted pursuant to this Code section shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 4. Said chapter is further amended by striking Code Section 34-10-4, relating to penalties for violation of the chapter, in its entirety and substituting in lieu thereof the following:
"34-10-4. (a) Any person convicted of a violation of paragraph (1)2 or (2)i (4), or (5) of Code Section 34-10-2 shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3, relating to punishment for misdemeanor offenses.
(b) Any person convicted of a violation of paragraph (3) of Code Section 34-10-2 shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by imprisonment for a term not to exceed 12 months or a fine of not less than $1,000.00 or more than $5,000.00, or both."
Section 5. Said chapter is further amended by adding at the end of said chapter a new Code Section 34-10-6 to read as follows:
"34-10-6. Nothing in this chapter shall be construed to relieve any business entity or employing unit which is subject to any of the provisions of this chapter from the responsibility of said business entity or employing unit to comply with any other provision of state or federal law, including, but not specifically limited to, the federal Occupational Safety and Health Act or with any county or municipal law, rule, or ordinance which is not in direct conflict with any provision of this chapter."
Section 6. This Act shall become effective only when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act; the Commissioner of Labor shall not be required to enforce any portion of this Act for which funds are not specifically appropriated.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

FRIDAY, MARCH 5, 1993

1527

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 N Breedlove Y Brooks.D
Y Brooks.T Brown
YBuck Y Buckner Y Bunn
Y Burkhalter Byrd
Y Campbell Y Canty
Carlisle Y Carrell
Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell Connell
YCox Y Crawford N 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 N Evans
Felton Y Floyd.J.M Y Floyd.J.W
Y Godbee 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
Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye
E Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis
Lord Y Lucas
Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B
Milam 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
Poston 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 Skandalakie 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
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 155, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Crews of the 78th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HB 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.

The following Committee substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to change certain definitions relating to hospitals and other institutions; 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; to change powers and duties of the Department

1528

JOURNAL OF THE HOUSE,

of Human Resources and the Division of Mental Health, Mental Retardation, and Substance Abuse; to provide for rules, regulations, and standards and provide for their availability; to clarify certain provisions regarding the use of psychologists and physicians; to change the manner of adopting rules and regulations of the Board of Human Resources and the department thereof; to change the provisions regarding hearings and appeals of actions of that department and injunction proceedings by that department and relating to confidentiality and inspection warrants; to change the organizations and methods through which mental disability services are provided; to change definitions; to provide for mental health, mental retardation, and substance abuse regions and provide boards and planning units for such regions in place of certain advisory councils; to change certain duties of the Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse; to provide for appointment of members to such boards and the terms and qualifications and compensation and expenses of such members; to provide for vacancies on and organization, bylaws, and meetings of such boards; to provide for personnel for such boards and funding therefor and for the functions, duties, and powers of those boards; to provide for the distribution of funds; to provide for audits; to provide for community mental health, mental retardation, and substance abuse service boards and the areas thereof, the appointment of members of such boards, and the terms and qualifications of those members; to provide for county participation in those boards; to provide for county boards of health to serve as community service boards; to provide for community service board personnel, organization, bylaws, duties, powers, and responsibilities; to provide for personnel status, benefits, and compensation; to provide for exemption from taxation; to change the provisions relating to state disability services plans; to provide for coordination of disability services; to provide for open meeting and records; to provide for emergency services; to provide for fees and accounting therefor and use thereof; to provide for venue; to provide for legal assistance; to delete certain provisions relating to minor child drug screening; to provide for access to records and certain restrictions relating thereto; to provide for statutory construction; to change the duties and expiration date of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery and to change a specific repealer relating to that commission; to provide for all related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking paragraph (4) of subsection (a) of Code Section 31-3-2, relating to composition of the county boards of health, and inserting in its place a new paragraph (4) to read as follows:
"(4) One member to be appointed by the governing authority of the county shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of mental health, mental retardation, ad aubstancc abase health services;".
Section 2. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 31-3-4, relating to powers of county boards of health, and inserting in its place a new paragraph (6) to read as follows:
"(6) Make contracts and establish fees for the provision of mental health d ethef public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal funding. No person shall be denied services on the basis of his that person's inability to pay. The scope of services, operating details, contracts, and fees approved by the county board of health shall also be approved by the district director of health. No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing authority;".

FRIDAY, MARCH 5, 1993

1529

Section 3. Said chapter is further amended by adding a new Code Section 31-3-12.1 immediately following Code Section 31-3-12, to read as follows:
"31-3-12.1. In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with a regional or community mental health, mental retardation, and substance abuse service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and substance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substance abuse shall report directly to the county board of health and shall have no formal reporting relationship with the director of the county board of health."
Section 4. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subparagraph (A) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:
"(A) Any community mental health and mental retardation facility; Reserved;".
Section 5. Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions, is amended by striking Code Section 37-1-1, relating to definitions, and inserting in its place a new Code Section 37-1-1 to read as follows:
"37-1-1. As used in this title, the term: (1) 'Board' means the Board of Human Resources. (2) 'County board of health' means a county board of health established in accord-
ance with Chapter 3 of Title 31 e* the Constitution ef Georgia and includes its duly authorized agents.
(2.1) 'Community service board' means a public community mental health, mental retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of certain disability services not provided by other public or private providers under contract with the regional board.
(2.2) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2.
(3) 'Department' means the Department of Human Resources and includes its duly authorized agents and designees.
(4) 'Peace officer* means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff.
(5) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution.
(6) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43.
(6.1) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.
(6.2) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1.

1530

JOURNAL OF THE HOUSE,

(7) 'Resident' means a person who is a legal resident of the State of Georgia."
Section 6. Said chapter is further amended by adding a new Code Section 37-1-2 to read as follows:
"37-1-2. (a) The General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of persons with mental health, mental retardation, and substance abuse problems and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles, which includes but is not limited to the following:
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services;
(2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration;
(3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need;
(4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness;
(5) Decision making should reside at the local level, with the primary authority vested in local government, consumers, families, advocates, and other interested local parties;
(6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable;
(7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction;
(8) The functions of service planning, coordination, contracting, resource allocation, and client assessment should be separated from the actual service delivery programs;
(9) Consumers and families should have a single, community based point of entry into the system; and
(10) Consumers, staff, providers, and governing board members should receive ongoing training and education, and should have access to key management resources such as information systems and technical and professional support services. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, mental retardation, and substance abuse programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of Chapter 1 and Chapter 2 of this title is to provide for a comprehensive and improved mental health, mental retardation, and substance abuse service planning and delivery system in this state which will develop and promote the essential public interests of the state and the citizens thereof. These provisions should be constructed liberally to achieve their purposes."
Section 7. Said chapter is further amended by striking Code Section 37-1-20, relating to the Division of Mental Health, Mental Retardation, and Substance Abuse, and inserting in its place a new Code Section 37-1-20 to read as follows:
"37-1-20. (a) There shall be a Division of Mental Health, Mental Retardation, and Substance Abuse within the Department of Human Resources and a director thereof whose qualifications meet standards set by the board.

FRIDAY, MARCH 5, 1993

1531

(b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental healthj and
mental retardation2 and substance abuse; (2) Direct, supervise, and control the medical and physical care, treatment, and
rehabilitation provided by the institutions and programs under its control, management, or supervision;
(3) Have authority to contract for services with: public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; regional boards; county or municipal governments; any person, partnership, corporation, or association, whether public or private; the United States government or the government of any other state;
(4) Establish and support programs for the training of professional and technical personnel as well as regional boards and community service boards;
(5) Conduct Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health;
(6) Assign specific responsibility to one or more units of the division for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability;
(7) Assign specific responsibility to one or more units of the division for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs;
(8) Make and administer grants te county beatete ef- health te implement commun&y budget allocations to regional boards to fund the operation of mental healthj ael mental retardation programa 2 and substance abuse services in accordance with approved area regional programs and plans;
(9) Evaluate Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems and, in conjunction with and on behalf of regional boards and other providers, evaluate the efficacy of the state programs A regional, and community service boards through the regular assessment of the impact of the programs upon individuals receiving treatment;
(10) Establish, operate, supervise, and staff programs and facilities for the treatment of disability throughout this state;
(11) Disseminate information about available services and the facilities through which such services may be obtained;
(12) Establish within the division or under the jurisdiction of the regional boards or both a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; and
(13) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title."
Section 8. Said chapter is further amended by striking Code Section 37-1-22, relating to standards, rules and regulations, and inserting in its place a new Code Section 37-1-22 to read as follows:
"37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental healthj mental retardation, and substance abuse programs."
Section 9. Said chapter is further amended by striking Code Section 37-1-23, relating to rules of practice and procedure, and inserting in its place a new Code Section 37-1-23 to read as follows:

1532

JOURNAL OF THE HOUSE,

"37-1-23. The board and att county beards ef health are is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and aH county boards ef health j the division, and the regional boards are directed to make sseh the board's and the department's rules available for distribution."
Section 10. Said chapter is further amended by striking Code Section 37-1-24, relating to use of a psychologist or physician, and inserting in its place a new Code Section 37-1-24 to read as follows:
"37-1-24. No provision in this title shall require the department or any facility or private facility or any community mental health center service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function."
Section 11. Said chapter is further amended by striking Article 3, relating to promulgation of rules and regulations, and inserting a new Article 3 to read as follows:
"ARTICLE 3
37-1-40. All rules and regulations of the Board of Human Resources and ef any county board ef- health shall be adopted after dae notice te and hearing fey persona and pftFtics ftitectcd tncreDyj 8.rid suctt rules &nd Fcuifl11ons sft&rr oe mftintfline r iw ft DOOK Kept tor tn&t purpose* orderly ftirftn^cd find indexed ftnd suoject TO inspec11on Dy tne public daring regular business hours, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The agency adopting such rules and regulations shali ffiftite copies tnepeoi flVflUQore tor distri Dution to persons interested m or ftiiected thereby. Saeh agencies are atee authorized te provide for the mimeographing, printing, er other reproduction ef their regulations and the distribution thereof. Ne rate ef rogulation siiftii Docome eitective fts i&w until oy dftys ftiter its ftdoption except tR cftses OT emergencies constituting an imminent threat te the public m which event saeh- rates er regulations shall become effective pe adoption; bat in aft saeh- eases the agency adopting same shall as a part thereof state the conditions found fey it te justify such immcdiate effectiveness. Where deemed desirable by the agency, hearing and notice as provided i Code Section 87-1-60 ay fee conducted fey it prior te adoption ef any rate er rcgula-

Section 12. Said chapter is further amended by striking Article 4, relating to hearings, appeals, and evidence, and inserting in its place a new Article 4 to read as follows:
"ARTICLE 4
37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in this Code section. A hearm sn&ll &iso DC recjuired witn respect to siny dud fill ^tiftsi~judicifli ctction ftnd "Hi -&ny ether proceeding required fey this titte er the Constitution ef Georgia. Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act.
{b) Where a hearing is required er afforded, notice thereof as provided in this Code section shall fee given in person er fey registered er certified matt te aH interested parties;
numerous ft9 to mftice individu&i notice imppflcticflDie t notice sti&ii De wen oy pu Diicfl" tien er by such other means reasonably calculated te afford actual notice as may be pre-
ftnd pictce ox neflnn^j find n&tuire tnepco-r'j &nd \*/ tiie inQttePS ot t&ct &nd iftw j &nd must oe ^iven dt leftst live dflys ueiope tne dfty set IOP rie&pin^ unless tnc
shorter notice. \CT Ail intopested pQPtics ftt sucn neflpin^s snQii nflve} upon pecjucst, compuisory pro-
Qnd conduct eposs~ex&minft11on ot ftii ftdvcpse witnesses. Any memoer or tne depQFiinent

FRIDAY, MARCH 5, 1993

1533

OF of ft county DOflrd of ne&ltn, fts tne cflse msy DC, tfieIF ftutnorized ofticifils or Qgcnts,
while under examination er required te incriminate himself. Where possible, aH evidence and proceedings shall fee reported.
W (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. A county feeard ef health is authorized and empowered te direct its director er the dircc-

eases; the examiner and director or the director's appointee shall make the report availaDie to Bat interested p&rties, &nd sucfi pfipties ftPC pcpin11ted to file written cxcepiton thereto prier te final decision thereon.
37-1-51. {a) Q) Any person whe is a party te a proceeding and- whe i aggrieved or fldvcrsciy directed by flny im&i order or fiction of ft county bOfiFd of ne&itn or agency ef the department may have review thereof by appeal te the department. Any person wno ts ft pftrty to ft proceedinj &nd wno is fl|fJFIeved or ftolversely fittected by any final order er action ef the department may have review thereof by appeal te the superior court in the county m which the action arose or te the Superior Court ef- Fatton oounty.
{3} Appeals te the department shall be heard by it at such time, after net less than
that, if such appeal is net heard ad determined within a period ef 96 days, the dccisien sfeaH stand reversed unless aH parties consent te a extension ef time. Review ea fippcdi to tne depflrtment suftli be coniined to tne record tF&nsmittect ifom below find tne Questions tftised ffi tne flppcsl. orde'PSj rules( requisitions, of otner decisions ot county Doflrds ot ne&itn of otiier sgencies ot tne depfti*tment 9nfill not oe set ftside oft
department, unsupported by substantial evidence en the reeerd as a whole, er unrcason Able*
\o) /\ppcfli to tne superior court snctii oe Dy petition wnicn snfttt oe tiled ttt tne clerk's office ef such court within 30 days after the final order er action ef- the department; the petition shall set forth the names ef the parties taking the appeal, the erderj rule, rc^uifltion, OF decision oppcflicd irom^ find tne reftson it ts cifiinied to be erro ncous. The enforcement ef the erder er action appealed frem shall net fee stayed until find unless so ordered find directed oy tne teviewin^ court, upon tne tiling ot sucn

The judge shall hear the proceeding de neve and thereupon determine H matters ef iflw find iflct witn of witnout ft jupyj tft tne discretion ot tne fippcfiiin pfirty( find render his decision approving, setting aside, er modifying the erder ef action appealed
ffe) Upon perfection ef the appeal as provided i subsection {a) ef this Code section
review by tne depfiTtmont to c&use d tr&nscFipt ot fill pleftdings, ordeFS) evidence, find other proceedings including a copy ef the appeal and motion fer rcconaidcration, if any; filed with it te fee transmitted te the department er the superior court in net nere than
be written eat a narrative transcript ef all evidence and proceedings feefere it ynder eertificatc ef its director er examiner er other official conducting such hearings. Reserved.
records, documents, physical objects, er other evidence fer inspection ay fee compelled by any superior court ef competent jurisdiction en application ef the department er any county beard ef health seeking such process.
(b) This Code section shall apply te aH proceedings under this titter Reserved. 37-1-53. {a) Any order, nrie; regulation, er any ether document, record, er entry contflincd m tne oiiici&i record or minutes of tne dep&ptment OF of finy county oosFd

1534

JOURNAL OF THE HOUSE,

of neflrtii Siiftii tie fldm 1391 Die tn evidence ift flny proceeding T&eiore dny court OP
undor tnis oodo section when certified ds true flnct correct oy ctnd duly 'ftuCROPized "by the director ftt trie county tevei tnd tne exflminep ftt the stste ievci.1 *T snsri i&e the duty
eepies el the reeerd er other evidence upon payment ef reasonable coats therefor. Nothing in this Code section shall be construed as applying te Code Section 12 6-176.
{b) The Notwithstanding any other provision of law to the contrary, the department and county boards ef health tare is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7-166, and 37-7-167."
Section 13. Said chapter is further amended by striking paragraph (2) of Code Section 37-1-70, relating to definitions regarding inspection warrants, and inserting in its place a new paragraph to read as follows:
"(2) 'Public Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder."
Section 14. Said chapter is further amended by striking Code Section 37-1-71, relating to persons who may obtain inspection warrants, and inserting in its place a new Code Section 37-1-71 to read as follows:
"37-1-71. The commissioner or his the commissioner's delegate er the director ef- any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner ef director ef any county teea*d ef health ef their agents or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title."
Section 15. Said chapter is further amended by striking Part 2 of Article 5, relating to injunctions, and inserting in its place a new Part 2 to read as follows:
"Part 2
37-1-90. The Department of Human Resources and aH county beafd* of- health are is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department er any county beard ef health. The department and the county boards ef- health tote is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department ef any county beard ef health, as the ease may be? in the county in which a violation of any provision
dcci&ped to we legfti entities cftpftoic of m8.intftining suit ift tneir respective ncimed with* eat naming the individuals constituting such county beafd ef- health ef acting en behatf ef the department, as the ease may ber"

FRIDAY, MARCH 5, 1993

1535

Section 16. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, mental retardation, substance abuse, and other disability services, is amended by striking Article 1, relating to general provisions, in its entirety and inserting a new Article 1 to read as follows:
"ARTICLE 1
37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or mentally retarded or who suffer from certain developmental disabilities including epilepsy, cerebral palsy, autism, and other neurologically handicapping conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services.
(b) It is the policy of this state to provide adequate mental health, mental retardation, substance abuse, and other disability services to all its citizens through the dcpartmejrf and the county boards ef- health. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private.
(c) It is the purpose of this chapter to enable and encourage the Department ef Human Resources and the county beards ef- health te develop the development of comprehensive, preventive, early detection, rehabilitative, and treatment disability services; to improve and expand community service boards for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities.
(d) The provisions of this chapter shall be liberally construed to achieve the forcgoing objectives set forth in this Code section.
37-2-2. As used in this chapter, the term: (1) 'Area' means a Community Mental Health, Mental Retardation, and Substance
Abuse Service Area. (2) 'Commissioner' means the commissioner of human resources. (2.1) 'Community service board' means a public community mental health, mental
retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of certain public disability services not provided by other public or private providers under contract with the regional board.
(2.2) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section.
(3) 'Director' means the director of the division. (4) 'Disability' means:
(A) Mental or emotional illness; (B) Mental retardation; (C) Other neurologically handicapping conditions which require treatment similar to that for the mentally retarded including epilepsy, cerebral palsy, and autism; or (D) The abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs. (4.1) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (5) 'Disabled' means any person or persons who have a disability. (6) 'Division' means the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources. (7) 'Hospital' means a state owned or state operated facility providing services which include but are not limited to inpatient care and the diagnosis, care, treatment, or habilitation of the disabled. (8) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1.

1536

JOURNAL OF THE HOUSE,

(8.1) 'Regional planning unit' or 'unit' means a regional mental health, mental retardation, and substance abuse planning unit created under Code Section 37-2-4.1.
{8} (9) 'Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs.
37-2-2.1. There shall be created within the Department of Human Resources a Division of Mental Health, Mental Retardation, and Substance Abuse.
37-2-3. (a) Based on recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery submitted to the Board of Human Resources pursuant to Code Section 37-2-34, the board shall designate boundaries for mental health, mental retardation, and substance abuse regions, which shall serve as the initial boundaries for establishment of the regional boards and units as prescribed in Code Section 37-2-4.1.
(b) The division, with input from the regional boards and with the approval of the commissioner, shall designate Community Mental Health, Mental Retardation, and Substance Abuse Service Areas2 which, effective July lj 1994, shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of organizing the planning for and delivery ef delivering certain disability services. For the period through June 30, 1995, and thereafter as the division deems appropriate, the boundaries for the areas and the operation of community service boards shall be the same boundaries as the Community Mental Health, Mental Retardation, and Substance Abuse Services Areas which were in effect as of July jj 1993. After July J^ 1995, the division, with input from the regional boards, shall consider requests from a county or group of counties for recommended changes to the boundaries of the community service boards.
(c) To the extent practicable, the Community Mental Health, Mental Retardation, and Substance Abuse Service Areas boundaries for regional boards and units and community service boards shall not subdivide any county unit or conflict with any districts established by the department and the state relating to the planning for or delivery of health services. In dividing the state into areas, the board, the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services.
37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse, referred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member.
(b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner of the department, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or

FRIDAY, MARCH 5, 1993

1537

grievances. The Governor's council shall also gtnde and assist the area councils and hospital councils provide guidance and assistance to the regional boards, hospitals, community service boards, and other private or public providers in the performance of their duties.
{e) There shaH be created m each ef- the areas established under Code Section 37-2-3 cm /Vpe& JVlent&i rieflitft) Arientfti rvetftPdfttion, tncl ou09tflnce ADuse Advisopy Oouncrit reterped to m tins cndpter fts tne ftreft council, wnicfi snftxi consist of no mope tn&n rfU

hrte consideration their employment, age? sex; place of residence, and- ether demographic characteristics ef the area and whose membership shall further be fairly representative

certification by the Governor's council. Appointments shall be made frost individuals nominQtGQ oy tne district ncftitn director of tne desi^ncc of tne director of tne division^ which nominees shall reflect those criteria set eat in this subsection.
\Q7 x nc term of eftcn memoep of tne ctpe& council snflll DC fop tnpee yeftrSj provided tnflt of tne mem Deps tipst oppointed, ten snctii fje1 flppointcd for ft term of one ycftp} iivft for a term ef- twe years, and the remainder, if- any? fer- a ten ef- three years. Vacancies shall be filled by similar appointments fer uncxpircd terms.
{e) ?% area council shall have the following powers and duties: 4i) e review and comment en the area plans required nder ede Section 37-2-6, empfiflsis to 3.39UPm tftflt ftH types of disftuiiity^ AS dolined "
graph f*> ef Code Seetien 37-2-2, are adequately addressed and that the plan realist!
development; \&7 i o suDmit to WIG i-nOVGmoP1 s council ft written evfiiufltion of trie ftfoct piftR
within three months after receipt thereof; \o) ro noid meetings ftt lesst cjuftrtepiy, wftictt meetins snftii ue puolicized Ht
ftdvftnce to encoups^e trie fttieDuftnce of &reft residents* oucn meetin& SA&II i9e con* ducted in accordance with rules and procedures adopted by the area council te the extent that the director has net promulgated rates in conflict therewith;
{4) Te submit annual reports te the county beards ef- health, the division, the &ev-
rcports shall evaluate the effectiveness ef disability services in the area; \u) i o cict fts trie representative of tne citizens of tne flpeft m pe^flPd to disflDiiity
i$)--Te receive and consider complaints and grievances submitted in writing by individuals, associations, er agencies involved with the delivery er receipt ef disability
ef health in the area and} if unable te resolve such complaints and grievances, te sabmit them te the Governor's council fer review and recommendation;
\ i / ro cissupe trie niftiest ociiievo.Dle level of puonc &w&peness of CLVBII&Die dis&Dii"
\O7 1 o visit pe^uiQPiy disfiuiiity services i&ciiities wnicn serve tne &pe& ift opdep to evaluate the effectiveness ef the facilities in delivering services.
community~ o&sed dis&Diiity services ift tne ftp/eftj tne nospitftl council tne sole fldvisory council fer hospital-based disability services in that area, and the Governor's council the sete such state -wide council.
\y f undin find 9to.ii support IOP e&cn flpeo council sn&ll oe provided ipom tne division's disability services program fer that area.
0/70^ XI ( o\ T'hprp qhnll ho prontnH within JM>^I* Hf^tinitfll *> Tjng|-.j*-||i 1VT/\y>fn] H^Afllttv^
Mental Retardation, and Substance Abuse Advisory Council, referred te in this chapter fts d nospit&i council, ' wnicn snmi consist of not less tnsn ten HOP mope tftfln ziu men%~ bcrs. The membership ef each hospital council shall be composed ef individuals residing wrtnin tne nospitftl s ftpefi of oper&tion &nd wno fts ft ^poup peppesent tne residents of

1538

JOURNAL OF THE HOUSE,

other demographic characteristics ef the area and whese membership shall further be iftiPly representfttivc of fill disftotiity ijpoups. -i ne nospitfti council sno.ii DC ftppointeft Dy
evidenced by written certification by the Governor's council. Appointments te a hospital council shall be made from individuals nominated fey the superintendent ef that fcespi-
set eat i this subsection.
\v)-----L llC term Or CftCii memDei* Or ft nOSpltftI COUnCll 9118.11 DC IOF WIPCC VCflFSj GXCCpt
tnftt ot trie members lirst ftppointedj five sn&il i&e ftppomtcd to? d teHR of one yeftft live for a term of twe years, and the remainder, if any; fer a term ef three year*
{e) A hoapital council shatt have the following powers and duties;
disfluiiity services , fts proposeQ under oode occtioft o"r*&~"rj ivm psrtictiiftp cwipfiflsis te assuring that aH types ef- disability are adequately addressed and that the pk feal-
terna development; \) J. o suoHiit to trie o oveMioi*"'S council ft written evftiuQ11on 01 tne stftve piflii
reviewed and commented en nder paragraph ^t) ef this subsection within three months after receipt thereof;
\o/ A o ftoid meetin3 dr icftst QUflPteriy } wrucn meetings snftii oe puoiicizGu m
Seh meetings shall be conducted k* accordance with- rules and procedures adopted by tne Rospitflr councH to trie extent triflt tne director nd3 not ppomuigsted pules vft con fliet therewith;
44) Te aubmit annual reports te the county beards ef health in that hospital's service ftreft, trie division) trie viovernop"8 council^ cmd ottier fluencies OF deemed flpppoppi&te, wnicn peports snftii evfllufltc tne eiiectiveness ot nospitfti
\OT to ftct fts tne pepPGScntfttive ot tne citizens ot tne ftreft served oy toe tiospitsi i regard te hospital disability services;
46) e receive and consider complaints and gricvancca submitted in writing by individuals, associations, or agencies involved with the delivery or receipt ef disability services m tnflt nospitftt find,' rt unftOic to resolve sucn conipiflints ftnd ^rievsncest to submit tiiem te the Governor's council far review and recommendation;
&-)--Te asswe the highest achievable level ef pbKe awareness ef available hospital disability services; and
community disability services. 4d) Funding and staff support for each hospital council shall be provided frem that hospital's disability services program. 37-2-4.1. (a) There are created within the division regional mental health, mental retardation, and substance abuse planning units. The number of those units and the regions within which they shall operate shall be established from time to time as necessary by the board. In accordance with Code Section 37-2-3, the board shall initially establish the boundaries of each region based on the recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery pursuant to Code Section 37-2-34; provided, however, that any county with a population of 400,000 or more as of the United States decennial census of 1990 or any future such census may not be combined with any other county for the purpose of creating such a region without the approval of the county governing authority. (b) There is created a separate regional mental health, mental retardation, and substance abuse board as the governing body for each regional planning unit established under subsection (a) of this Code section. Each such board shall provide and facilitate coordinated and comprehensive planning and service delivery for its region in conformity with minimum standards and procedures established by the division. Each such board shall be designated with such identifying words before the term 'regional mental health.

FRIDAY, MARCH 5, 1993

1539

mental retardation, and substance abuse board' as that regional board may, from time to time, choose and designate by official action.
o i-^'u, (.ft/ -l fic county Do&rds of nefiltn ift flu flpcfl sncm prcpflrG st joint DienHi&l
the division and te the area council as created by subsection {e} ef Code Section 37-2-4,

tPG tO O6 9U Omitted find Sflftri fiSSlSr tflC COUnty DOftPdS1 Of nCfiltn tft pFCpftPfl11On Or tflC
fb) Seh plans shall include, by way of illustration without limitation, the following: ft) A estimate categorized by age grewp of the number ef- citizens residing i the
area who require disability services as defined in Code Section 37-2-7; \fi/ A description of fill pnysiCQi i&ciiict&s} Dotn ovcFnment&i QUO pnvtitCj wmcn
{3} As analysis ef present physical facilities, beth governmental ad private, the area which might be converted te disability services facilities;
\4/ An &nftlysis of tn ftvftiiftuiiity witnin tne ftreft 01 ppotessionfli ftnu otnGP stflii personnel trained m providing disability services;
{4rl} A roster ef existing professional *d ether staff personnel currently providing disability services is the area;
\o) A proposed stflif roster of ppoicssionoi, tccrimcfli, &nd Otnoi* employees wno should be hired te provide necessary disability services;
\v) A de9cfiption tft OFder of priorrty ot fill proposed pPO^Fftwis &HQ cusflDiiity ser vices to i&c provided m tne flrefl oy tne cownty Do&fds of nefiitn of oy tne division, which description shall specifically address, by way ef- illustration without limitation, these services set forth subsection fb) ef Code Section 87-2-7;
\ i ) Aft ftndiysis ot tne opportun11ies t&t coordinfl11on of flisBioiiity 96rvices witn ether agencies ad organizations as provided in Code Section 37-2-0;
o i "^"4 will DC pPOvided witn stfitr QS8ist&nc^ &nd 0y wnicn its opepfltm expenses win oe detFfiycdj &nd
\c) *R tne event tn&t tne division modiiies tne provisions of sn u*eci pifln su omitted
ef health in the area, the Governor's council, er the area- council, shall explain the eensidcrations resulting the modification.
(a) Each regional board shall establish policy and direction for disability services planning, delivery, and evaluation, including outcome evaluation, within the region, and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the regional board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board;
(2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof;
(3) The appointment or appointments for each county shall be made by the county governing authority; and
(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services.

1540

JOURNAL OF THE HOUSE,

(b.l) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the regional board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on the community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45.
(b.2) A member of the community services board may not also serve as a member of the regional board or be an employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from the regional or community services boards.
(c) In making appointments to the regional board, the various county governing authorities shall seek to ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally 111, the American Association for Retired Persons, Georgians for Children, the Association for Retarded Citizens, the Mental Health Association of Georgia, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates.
(d) Initial appointments to the regional board shall be made by August 1^ 1993. Initial terms of the regional board shall be established in bylaws adopted pursuant to paragraph (e) of this Code section. Thereafter, the term of a member of the board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity, or such other reasonable condition as the regional board may impose under their bylaws. Vacancies on the board shall be filled in the same manner as the original appointment.
(e) Prior to December 31, 1993, each regional board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered initial terms of the initial board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute 40 percent of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chair and vice chair of the regional board shall be elected from among the members of the board, to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. The bylaws may also provide for the appointment by the regional board of an advisory committee or advisory committees to work with the regional board in addressing various issues. Prior to their adoption by the regional board, the bylaws shall be submitted to the division for review and approval. The regional board must have the written approval of the director of the division prior to the adoption of bylaws.
(f) The regional board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional board.
(g) Each member of the regional board may, upon regional board approval, receive reimbursement for actual expenses not to exceed the per diem allowed legislative members of interim study committees of the General Assembly and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier.

FRIDAY, MARCH 5, 1993

1541

37-2-5.1. (a) Each regional board shall be served by an executive director, who shall be duly qualified and appointed by the director of the division, with the approval of the regional board. The executive director shall serve as the director of the regional mental health, mental retardation, and substance abuse planning unit, which shall be a unit of the division and shall be governed by the regional board. The executive director shall serve at the pleasure of the division director. An executive director may be appointed to serve the regional board only with such board's approval. At any time during the tenure of the executive director, the regional board may for good cause vote to request the removal of the executive director. Should such a vote for removal be taken and be approved by a majority of the full board membership, the board shall submit its request to the director of the division who shall in turn comply with the request of the board. The director of the division shall be authorized to appoint for a period not to exceed 12 months an interim executive director at any time that the position of executive director is vacant and prior to the appointment of a duly qualified and approved successor.
(b) The executive director of the regional board may appoint such other staff and personnel to work for the unit as that executive director and board deem necessary and appropriate. The executive director and such staff and personnel shall be employees of the division. Expenses for the regional board, the employment of the executive director, other staff and personnel, and the operation of the unit office shall be charged against the funding allocated to the regional board for planning and service delivery within the established region. The department and the division may impose limits on the administrative and operating expenditures of the regional board and the unit.
(c) (1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. After July lj 1995, all funds associated with services to clients residing within a given region shall be allocated through the appropriate regional board; 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division shall establish a minimum funding amount for regional boards conditioned upon the amount of funds appropriated and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. The minimum funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region.
(2) The division shall establish guidelines to ensure that funding is allocated to community service boards and local services based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division shall ensure that funds are allocated based primarily on services to clients and in compliance with all federal, state, and regulatory requirements.
(3) The division, in compliance with the provisions of the appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division shall ensure that the regional boards develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization.
37-2-5.2. (a) Each regional board shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, and appropriate advisory and advocacy groups, an annual plan and mechanism for the funding and provision of all disability services in the region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the annual appropriations request. The division shall provide technical and professional expertise to the regional board upon request. Such plan may include, by way of illustration without limitation, the following:

1542

JOURNAL OF THE HOUSE,

(A) An estimate categorized by age group of the number of citizens residing in the region who require disability services and an estimate of the range of services needed for these citizens;
(B) A description of all facilities and programs, both public and private, which are available or which should be developed to provide adequate disability services in the area;
(C) An analysis of the regional availability of professional and other staff personnel trained in providing disability services and, if necessary, a proposal for recruitment and retention;
(D) A list of all public and private providers currently providing or available to Tovide disability services in the region;
A description in order of priority of all proposed progyams and disability _se_rv_ice_s _to _be provided in the region, and the funds associated with the provision of these services, which description shall specifically address the interrelationship of programs and services and the mechanisms for ensuring effective client transition between and among such programs and services;
(F) A comprehensive plan for regular meetings, consultations, and coordinated planning efforts with and among all service providers, such as community programs, hospitals, and private contractors, and professionals in the region, which plan shall at a minimum address appropriate methods for sharing resources and expertise
among service providers and professionals, mechanisms for resolving conflicts and resource allocation problems, and a process for ensuring ongoing dialogue among all providers regarding the most effective ways of meeting individual and community client needs;
(G) An analysis of the opportunities for coordination of disability services with other regional boards, agencies, and organizations as required in Code Section 37-2-9, which analysis shall include an overview of those specialized services and programs offered in other regions which may provide the most cost-effective means
of meeting specific client needs and therefore would be utilized by a regional board which did not have such specialized services or programs;
(H) A statement of the anticipated administrative and operating budget for the regional board, the executive director, and the staff of the unit;
(I) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue; and
(J) A consumer satisfaction survey conducted during the previous year in a manner consistent with policies established by the division; (2) To provide, as funds become available, for client assessment and service autho-
rization and coordination for each client receiving services within the region or funded by the regional board;
(3) To exercise responsibility and authority within the region in all matters relating to the funding and delivery of disability services; provided, however, that with the exception of services authorized under paragraph (2) of this subsection the regional board may not engage in the direct delivery of goods or services to individual consum-
ers and is prohibited from providing on its own, without the use of an agent or agents, any direct disability services to consumers;
(4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to the mental health, mental retardation, substance abuse, and other disability services;
(5) To make contracts with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to make and enter into all contracts necessary or incidental to the performance of duties and functions of the regional board and the unit;
(6) To encourage the development, in cooperation with the division, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region;
(7) To submit annual reports to the division, the Governor's council, and such
other agencies or individuals deemed appropriate, which reports shall evaluate the efficiency and effectiveness of disability services in the region;

FRIDAY, MARCH 5, 1993

1543

(8) To serve as the representative of the citizens of the area in regard to disability services;
(9) To receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service;
(10) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; and
(11) To visit regularly disability services facilities and programs which serve the region in order to evaluate the effectiveness and appropriateness of the facilities and programs in delivering services. (b) In addition to its duties and functions, each regional board shall also have the following power and authority:
(1) To utilize the services of the Department of Administrative Services, the State Merit System for Personnel Administration, the state auditor, or any other agency of state, local, or federal government;
(2) To participate with other regional boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities;
(3) To work cooperatively with all units of county and local government, including the county boards of health, within the region;
(4) To establish goals and objectives, not inconsistent with those established by the division and the development, for its region; and
(5) To participate in the establishment and operation of a data base and network, coordinated by the division, to serve as a comprehensive management information system for disability services and programs. (c) It is the express intent of this chapter to confer upon the regional board the flexibility and authority necessary to contract with a wide range of public and private providers to ensure that clients are afforded cost-effective, locally based, and quality disability services. Regional boards are specifically authorized to contract directly with any county governing authority, or any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. Such contracts may be made directly between the regional board and the contractor and shall not be required to go through the community service board. (d) The regional board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any such power, authority, duty, or function on behalf of the regional board. (e) Each regional board shall keep books of account reflecting all funds received, expended, and administered by the regional board which shall be independently audited, by an auditor approved by the Division, at least once in each fiscal year. The auditor's report shall be presented to the regional board, the division, and any other interested parties. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the department. Each regional board shall update its books of account on at least a quarterly basis and shall present the quarterly update to the division and any other interested parties. The division shall conduct a performance audit of each regional board at least once every three years. 37-2-6. Institutions tmder the jurisdiction ad control ef the division shall participate
vice regions ef the various institutions. Seh institutions shall develop tad execute writtcii fl^p6Bmerits witft tii6 county uoflpds ot neftitn IOF trie provision 'Of disflointy services the Community Mental Health, Mental Retardation, and Subatancc Abuse Service Areas. Seh agreements shftH include reducing unnecessary hospitalization IB state institutions &no snflii cstQ.Diis.ri Qdmini'S trflwon ftrid cvsiufltion criterifl find metnods tor achieving such reductions).

1544

JOURNAL OF THE HOUSE,

(a) There shall be created community mental health, mental retardation, and substance abuse service boards, in conformity with the areas established pursuant to the subsection (b) of Code Section 37-2-3, which shall govern publicly funded programs for the purpose of providing certain disability services not provided by other public or private providers under contract with the regional board. The programs shall be governed by the community service boards, which shall be established as public agencies.
(b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the
board; (2) Each county with a population of more than 50,000 according to the United
States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof;
(3) The appointment or appointments for each county shall be made by the county governing authority;
(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services;
(5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of j. percent of the budget allocation from the regional board for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and
(6) A member of the regional board may not also serve as a member of the community service board.
(c) In making appointments to the community service board, the various county governing authorities shall seek to ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally 111, the Association for Retarded Citizens, the Mental Health Association of Georgia, the American Association of Retired Persons, Georgians for Children, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affili-
ates. (d) Each county within the boundaries established for the community service board
shall be required to participate with the board and the operation of the program through the community service board. Each community mental health, mental retardation, and substance abuse service area in existence on June 30, 1994, shall automatically be succeeded by the community service board for the same region as of July lj 1994, and each such community service board shall be governed, from and after July l^ 1994, by this chapter. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of such service area, or the county board of health involved in administering programs in such area, unless continued by the current service providers, shall automatically become duties, obligations, rights, and benefits of its respective successor community service board or other successor entity.

FRIDAY, MARCH 5, 1993

1545

(e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if the following actions are taken prior to or on December 31, 1993;
(1) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July 1 1993, agrees by adopting a resolution to serve as the community service board and to continue providing disability services after July 1^ 1994, and submitting a copy of the resolution to the division and each county governing authority within the community service board boundaries;
(2) Each county governing authority which would be within the community service board boundaries adopts a resolution stating its desire to continue the provision of disability services through the lead county board of health after July 1^ 1994, and submits a copy of such resolution to the division, the regional board, and the lead county board of health; and
(3) The lead county board of health agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1^ 1997, or each year thereafter.
(h) Each community service board shall be responsible for adopting bylaws and operational policies and guidelines in conformity with procedures established by the division and the regional board. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment.
37-2-6.1. (a) Each community service board shall be responsible for employing a program director, and other necessary staff, adopting an annual budget, and securing appropriate facilities, sites, and professionals necessary for the provision of disability services.
(b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law;
(2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions.

1546

JOURNAL OF THE HOUSE,

(3) Each community service board may acquire and dispose of real and personal
(4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government;
(5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through a contract with the State Personnel Board under the same conditions as provided for such benefits to state employees, and the State Personnel Board shall so contract for those benefits if requested;
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs;
(C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and boards; (7) Each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regulations of the state merit system; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may make contracts and establish fees for the provision of disability services; provided, however, that such contract and fees shall be in compliance with guidelines established by the division and the regional board; and
(10) Each community service board may accept appropriations or loans of funds, facilities, equipment, and supplies from the local governmental entities within their program boundaries. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. 37-2-6.2. (a) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of the division or a hospital thereof or of a regional board or a community service board on July 1^ 1994, which employees were eligible on June 30, 1994, for benefits under the Employees' Retirement System of Georgia and the State Merit System of Personnel Administration, whether in the classified or unclassified service, shall be deemed to be state employees and, if classified, members of the State Merit System of Personnel Administration. Each person thus deemed to be a state employee shall continue to be employed by the entity which is authorized or required on and after July 1^ 1994, to perform the duties or functions which were authorized or required to be performed by that employee as of June 30, 1994, whether such entity is the division, a hospital thereof, a regional board, or a community service board, unless such employee resigns, is transferred by the department, or is terminated. Any such transfer or termination shall comply with the applicable rules

FRIDAY, MARCH 5, 1993

1547

and procedures of the State Merit System of Personnel Administration. Any such termination of a classified employee shall not result from the anticipated or actual employment or utilization by the department of persons who are not employees of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions. While so employed to perform those duties and functions for a community service board, those employees shall remain employees of the state and shall continue to retain all of the employment benefits provided by the state although the department may delegate the control and supervision of such employees to the community service board to which they are assigned. Those employment benefits shall include without being limited to: health, dental, disability, and life insurance options; retirement or pension benefits; federal old age and survivors' insurance; sick, annual, and holiday leave; and coverage under the state merit system. This subsection is intended to maintain the status, position, and rights of persons who are the employees described in this subsection notwithstanding their subsequent performing of duties and functions for a regional board or a community service board.
(b) On and after July 1^ 1994, personnel of a community service board, other than those described in subsection (a) of this Code section, shall not be employees of the state.
37-2-7. (a) The division shall formulate and publish biennially a state plan for disability services which shall take into account the area disability services plans submitted by the county boards regional boards as required by Code Section 37-2-6 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. Services te be addressed in the state plan shall include, by way of illustration without limitation, the following; In developing the state plan, the division shall request input from the regional boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs.
including diagnostic and evaluation services; {2} Bay and other partial hospitalization programs which ttre structured treatment
services which provide alternatives te residential services and which include dctoxificatie* centers, night er weekend eare^ ad other appropriate services;
\OT ffly trflinmg duel WOPK sctivity centers lor tiie merito.iiy Petflpded io? otnep disability
Wesiden11fll services WHICH ftpe Hospitftl inpstient units, group nomeSj respite c&pe i&c11111es, PCiiftDiiitfltion residences, i&miiy cflpe homes, nursing nomes, snd tiier
mcnt services alone ere et appropriate er feasible; \o) emergency services wnicn arc crisis intervention programs including Hospital
emergency rooms, walk -in services, 34 hour counseling, and crisis-visitation services;
with disability services including health professionals, schools, courts, tew enforcement ft^enciesj COPpec11onfit &nd detention tsciiitics, clergy, fies.1t/A snd socifti service dgen** eies; and other appropriate individuals er agencies;
f?) Education services te publicize the availability of disability services and te provide workshops and other forums for tee promotion ef health;
{8) Training services te increase the skills ef employees and volunteers in providing disability services;
{9} Required services fer preventing the onset er occurrence ef disabilities; and
tion i trie division. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services.

1548

JOURNAL OF THE HOUSE,

(c) The plan shall further set forth the proposed annual budget of the division and the regional boards taking into account all financial data supplied pursuant to paragraph {9} of subsection fb) of Code Section 37-2-6 subparagraph (a)(l)(I) of Code Section 37-2-5.2.
(d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the hospital councils, and the area councils the regional boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan.
(e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordinating services in accordance with Code Section 37-2-9.
37-2-8. The county beafds of health an4 the division shall enswe that the state and fea disability services are tt part of a unified program emphasizing community-based services. Reserved.
37-2-9. To the maximum extent possible, disability services provided by the division and county bear4s of health the regional boards, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.
37-2-9.1. (a) Each regional board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of the law.
(b) Each regional board, hospital, and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.
37-2-10. Notwithstanding any other provisions of law, the director, with the concurrence of the commissioner and the Governor, is authorized to establish and administer a*ea ad community disability services programs on an emergency basis in the event one or more county boards of health community service boards fail to assume responsibility for the establishment and implementation of an adequate program range of disability services.
37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division and the regional boards shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division.
(b) Fees generated, if any, by state employees assigned te disability services prefdifts opepfltcu oy county DO&rds of ncflitn sriftii we rciftincci oy tiic county DOflpds of health hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional board, shall be reported to the regional board and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services. The regional boards with guidance from the division shall be responsible for developing procedures to properly account for the collection, remittance and reporting of generated fees. The regional boards shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community

FRIDAY, MARCH 5, 1993

1549

service board or the regional board; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources.
(c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay.

teeafe! ef- health ad which ahall constitute disability services within the meaning ef this cnftptep. A tic pFOJr&m sriflii include stctndflFds &nd procedures wnepeDy ft pfipent OF

pflpent OP guflFdi&n suspects of using OP experimenting wittt dpugs. i fte progPdm snftir atee include safeguards te ensure the confidentiality ef th screening results se that ely the requesting parent or guardian may obtain those results fi-e the board ef- health and
shall provide which clinical laboratories, including bt net limited te any such laboratory opeF&ted Dy ttic dep&rtment OF d county DOflPd of fieftitli, infly conduct sucti scfcenmg
guardians te public er private organizations for counseling concerning drug abuse. This may include making available a list ef local er nearby referral resources. This list should
inpaticnt end away-from home resources, and self-help and other resources. The department snflii &iso estctoiisn ft tee scneduie, Dftsed on income, IOF tine tests provided pupsu*
ofit 4-Q tHlQ O(\fjf qpffjATI wh.JcH ^chofjtllp ^Hflll V)p HpqjgnpH tf) PTIQIITP thflt thp tfltfll fppq
enerfltcd oy ine pro^pflm reflsotiftoiy ftpppoxiinste tine direct &nd mdifect cxponses ot sucn ppoPflm so ttiflt Additionfli puuiic tunds will not ue PCQUircd to iinsnce the pro*
person s mduiiity to poy IOP tnose services. A county oodfd ot neflitn nifty elect to pro* vide services under tints oode section &t no cnflFge of ftt ft reduced cftftf^e fts long ft& no
conflict with any federal law er regulation applicable thereto. \D/ rny8iciftns ftnd otner neftitn cftre pPOVideIPS ift tiie screening ppogpflm est&oiisncd
pursuant te this Code section whe provide the services nde* the program te nonpaticnt
for any such services which d net involve treatment ef identified children er their parents er guardians, absent a showing ef- gross negligence er willful er wanton misconduct by such physician er other health ear* provider.
(a) Venue for the purpose of any action against a regional board or community service board shall be the county in which the principal office of such regional board or community program board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the regional or community service board.
(b) In any legal proceeding, a regional board and the regional unit shall be considered a unit of the division and shall be afforded the assistance of legal counsel from the Attorney General.
(c) (1) The community service boards shall be public bodies, but shall not be considered agencies of the state, or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board.
(2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies. 37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from,

1550

JOURNAL OF THE HOUSE,

or subject to licensing, certification, or facility approval by, the Department of Human Resources or a county beard ef- health regional board shall be required to provide the department or the appropriate county beard ef health regional board or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources or pursuant to the provisions of this title.
(b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department or any county beard ef health regional board unless otherwise specifically authorized by law.
37-2-12. Nothing in this chapter shall be construed to require the designation of any service area er the appointment ef any council boundaries or the appointment of any board in a manner which conflicts with any federal law applicable thereto or regulations promulgated thereunder."
Section 17. Said chapter is further amended by striking subsection (c) of Code Section 37-2-34, relating to powers and duties of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, and inserting in its place a new subsection (c) to read as follows:
"(c) The commission shall complete its initial plan relating to reorganization of the service delivery system and make a report of its findings and recommendations including proposed legislation, if any, to the Governor and to the Board of Human Resources on or before December 1, 1992. The commission shall work with the Governor and the Board of Human Resources to monitor the implementation of organizational policies and programs it recommended in its initial report. In addition, the commission will consider any further statutory, organizational, budgetary, or operational changes which may be necessary and advisable to improve the state-wide mental health, mental retardation, and substance abuse system. The commission shall submit an annual update of its findings and recommendations to the Governor, the General Assembly, and the Board of Human Resources on December 1^ 1993, and December _!, 1994. The commission shall stand abolished on December 31, W93 1994."
Section 17.1. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to hospitalization of mentally ill persons, is amended by striking paragraph (3) of Code Section 37-3-1, relating to definitions, and inserting in its place the following:
"(3) 'Community mental health center' means an organized program for the eare and-
tlC611UlCRT Or trlC IQR Lftlly ttt OpCFfltCQ Dy ft COUIity DOftPCI Or RGELHil Of ft 91HI11fir prOgruul
recognized by a county beard ef- health er the Department ef- Human Rcsourcca. 'Community service board' means the board so designated and established in Article 1^ of Chapter 2 of this title."
Section 17.2. Said chapter is further amended by striking paragraph (1) of Code Section 37-3-61, relating to court ordered evaluation, and inserting in its place the following:
"(1) Any person may file an application executed under oath with the county beafd ef- health community service board for a court ordered evaluation of a person located within that county who is alleged by such application to be a mentally ill person requiring involuntary treatment. Upon the filing of such application, the county beard ef health community service board shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and".
Section 17.3. Said chapter is further amended by striking Code Section 37-3-101, relating to transportation of patients generally, and inserting in its place the following:
"37-3-101. The governing authority of the county of the patient's residence shall arrange for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those

FRIDAY, MARCH 5, 1993

1551

accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the county beard ef health community service board, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county beard ef health community service board is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."
Section 17.4. Chapter 4 of said Title 37, relating to habilitation of mentally retarded persons, is amended by striking subsection (b) of Code Section 37-4-40.4, relating to evaluation for temporary care, and inserting in its place the following:
"(b) Within five days, Saturdays, Sundays, and holidays excluded, after a petition is filed authorizing the continued admission of a client under subsection (a) of this Code section, the staff of the facility in which the client is admitted and the representatives of the appropriate community mental retardation program operated by the county beafd ef health community service board so designated and established in Article 1 of Chapter 2 of this title in the client's community shall:
(1) Conduct a comprehensive evaluation of the client; (2) Jointly develop an individualized program plan for the client; and (3) File a copy of the evaluation and plan with the court petitioned for a hearing under paragraph (1) of subsection (a) of Code Section 37-4-40.3."
Section 17.5. Said chapter is further amended by striking Code Section 37-4-61, relating to transportation of clients generally, and inserting in its place the following:
"37-4-61. The governing authority of the county of the client's residence shall arrange for all required transportation of the client. The type of vehicle employed shall be determined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the county beard ef health community service board so designated and established in Article 1 of Chapter 2 of this title, shall order the sheriff to transport the client in such manner as the client's condition demands. At any time the county beatd ef- health such community service board is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son."
Section 17.6. Chapter 6 of said Title 37, relating to day-care centers for the mentally retarded, is amended by striking Code Section 37-6-4, relating to grants-in-aid for purchase of day-care services, and inserting in its place the following:
"37-6-4. The department is authorized and empowered to make grants-in-aid to county boards of health m erder te enable the county beaids to purchase care and training for mentally retarded individuals from privately operated, nonprofit day-care centers provided these mentally retarded individuals have been certified as eligible for financial assistance."
Section 17.7. Chapter 7 of said Title 37, relating to hospitalization of alcoholic and drug dependent persons, is amended by striking paragraph (6) of Code Section 37-7-1, relating to definitions, and inserting in its place the following:
"(6) 'Community mental health center' means eat organized program fer the eare eatA treatment ef alcoholics, d*g dependent individuals, er drag abusef3 operated by a county beatd ef health ef a similar such program recognized by a county beafd-ef heaW* er the Department ef Human Resources and shall include ambulatory dfy detoxification centers, mcthadonc treatment centers, and drag counseling centers. 'Community service btiotlaer.d"' means the board so designated and established in Article 1 of Chapter 2 of this

1552

JOURNAL OF THE HOUSE,

Section 17.8. Said chapter is further amended by striking paragraph (1) of Code Section 37-7-61, relating to petitions for court ordered evaluations, and inserting in its place the following:
"(1) Any person may file an application executed under oath with the county beard ef health community service board for a court ordered evaluation of a person located within that county the boundaries of the community service board who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the county beard ef health community service board shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and".
Section 17.9. Said chapter is further amended by striking Code Section 37-7-101, relating to transportation of patients generally, and inserting in its place the following:
"37-7-101. The governing authority of the county of the patient's residence shall arrange for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the county board ef health community service board, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county beard ef health community service board is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."
Section 18. An Act creating a State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, approved April 13, 1992 (Ga. L. 1992, p. 1357), is amended by striking Section 3 thereof and inserting in its place a new section to read as follows:
"Section 3. This Act shall stand repealed on December 31, i993 1994."
Section 18.1. Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the "Community Services Act for the Mentally Retarded."
Section 19. This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act.
Section 19.1. This Act shall stand repealed on June 30, 1999.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representatives White of the 161st, et al. move to amend the Committee substitute to HB 100 by adding at the end of line 7 on page 10 the following:
"provided, however, that it shall be the responsibility of the department to ensure that no fewer than 20 percent of any such providers shall be minority business enterprises as defined under Georgia laws;".

Representative Breedlove of the 85th moves to amend the Committee substitute to HB 100 as follows:

FRIDAY, MARCH 5, 1993

1553

Strike on page 52 lines 24 thru 34. Page 53 strike lines 1 thru 34. Page 54 strike lines 1-8.

Representative Reichert of the 126th moves to amend HB 100 as follows: Page 30 line 33 change "400,000" to "150,000".

Representative Reichert of the 126th moves to amend the Committee substitute to HB 100 as follows:
Page 35 line 25 change 40 to 25.

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 N Barnes Y Bates Y Benefield N Birdsong Y 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 N Cauthorn Y Chambless Y Chandler N Channel! Y Childers Y Clark Y Coker Y Coleman.B N Coleman.T

Y Colwell Y Connell YCox N 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 Hanner Y Harris.B Y Harris.M NHart Y Heard N Hegstrom Y Hembree Y Henson Y Holland

Y Holmes N Howard Y Hudson Y Hughes N 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 E Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis NLord N Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton N McKinney.B Y Milam Y Mills

N Mobley.B
Y Mobley,J Y Moore
N Mosley Y Mueller Y Oliver Y O'Neal N Orrock Y Padgett N Parham N Parrish
Patten N Pelote Y Perry Y Pinholster N Poag Y Polak Y Porter N Poston Y Powell Y Purcell N Randall Y Randolph
YRay Y Reaves N Reichert N 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
N Smyre Y Snow Y Stancil.F
Y Stancil.S N Stanley,L N Stanley,P Y Stephenson Y Streat
Taylor N Teague Y Teper Y Thomas.C Y Tillman N Titus Y Towery Y Trense Y Turnquest
N Twiggs Y Vaughan Y Walker Y Wall N Watson
Y Watts Y Westmorland 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 137, nays 33.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Davis of the 60th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

1554

JOURNAL OF THE HOUSE,

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 "nay" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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 Senate amendment was read:

Amend HB 557 by striking lines 12 through 20 of page 1 in their entirety and inserting in lieu thereof the following:
'"Section 3.1. (a) It is the expressed intention of the General Assembly to ensure that the word "Cobb" is a permanant part of the name and promotion of any facility financed and operated by the authority. It is not the intention of the General Assembly to invalidate any name used or established in the materials or agreements for the underwriting or sale of bonds for the financing of any facility utilizing the authority.
(b) The authority shall include the word "Cobb" in the name and logo of any facility financed and operated by the authority and in any other marketing media in which such a facility is advertised or promoted. The word "Cobb" may not be preceded in the name or logo of any such facility by the name of any other county or municipality.'"

Representative Barnes of the 33rd moved that the House disagree to the Senate amendment to HB 557.
The motion prevailed.

The following Resolution of the House was read:
HR 424. By Representatives Murphy of the 18th, Lee of the 94th and Walker of the 141st
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, March 5, 1993, and shall reconvene on Monday, March 8, 1993.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 8 may be as ordered by the Senate; and the hour for convening the House on March 8 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

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

FRIDAY, MARCH 5, 1993

1555

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 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 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 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 E 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 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 YPoag Y Polak Y Porter Y Poston
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

On the adoption of the Resolution, the ayes were 167, nays 0. The Resolution was adopted.

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 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

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, HR 424 was ordered immediately transmitted to the Senate.

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

HB 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.

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
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 Y Carlisle

1556
Y Cartell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childera Y Clark Y Colter 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
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M

JOURNAL OF THE HOUSE,

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 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 E Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence
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
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 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 Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson
Streat Taylor Y Teague Y Teper Y Thomas.C 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lawson of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 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.

The following Committee substitute was read and adopted:

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; to provide for the application of moneys received under said Code section; to provide for the surrender of certain property and rights; to provide for liability of persons refusing such surrender; to provide for the discharge of certain obligations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to attachment, garnishment, and levy with respect to taxes, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:

FRIDAY, MARCH 5, 1993

1557

"(c) (1) In case of neglect or refusal by a taxpayer to pay any taxes, fees, licenses, penalties, interest, or collection costs due the state, the commissioner or his authorized representative may levy upon all property and rights to property belonging to the taxpayer, except such as are exempt by law, for the payment of the amount due, together with interest on the amount, any penalty for nonpayment, and such further amount as shall be sufficient for the fees, costs, and expenses of the levy. As used in this subsection, the term 'property and rights to property' includes, but is not limited to, any account in or with a financial institution.
(2) A levy upon an account in or with a financial institution shall be a constructive levy and shall be effective at the time of personal service upon the financial institution as evidenced by an entry of service upon the levy by the commissioner or his authorized representative, or bx an acknowledgement of service made by a proper official of the financial institution indicating the date and time of service. The commissioner or his authorized representative may, in lieu of personal service or service by mail, serve a levy upon a financial institution, and a financial institution may acknowledge service of a levy by telephonic facsimile transmission or by other means of instantaneous electronic transmission. The financial institution shall remit to the commissioner or his authorized representative as provided in this subsection not later than 15 days after personal service or acknowledgement of service by mail or facsimile or other instantaneous electronic transmission. Notwithstanding any other law to the contrary, a financial institution receiving a levy shall remit the full amount of its depositor's accounts that are subject to levy, to the extent of the amount claimed upon the levy, without deduction; provided, however, nothing contained in this subsection shall be deemed to diminish the right of a financial institution to exercise its right of setoff."
Section 2. Said Code section is further amended by adding two new subsections at the end thereof, to be designated subsections (e) and (f), to read as follows:
"(e) The department shall apply all moneys obtained under this Code section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the delinquent taxpayer.
(f) (1) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made shall surrender such property or rights or discharge such obligation to the commissioner or his authorized representative, except such part of the property or rights as is subject, at the time of such levy, to an attachment or execution under any judicial process.
(2) Any person who willfully fails or refuses to surrender any property subject to levy shall be personally liable to the commissioner for a sum equal to the value of the property or rights not so surrendered but not exceeding the amount of the tax, interest, and penalties for the collection of which such levy has been made, together with costs and interest at the rate specified in Code Section 48-2-40 from the date of such levy. The liability imposed in this subsection shall be paid upon notice and demand by the commissioner or his delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner. Any amount other than costs recovered under this subsection shall be credited against the subject taxpayer's liability for the collection of which such levy was made.
(3) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made who, upon service of levy by the commissioner or his authorized representative, surrenders such property or rights to property or discharges such obligation to the commissioner or his authorized representative shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property or rights to property arising from such surrender or payment."
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.

1558

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
Bates Y 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
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 N 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
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
Johnson,D.H
Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones Joyce
YKaye E 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
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 Padgett
YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell YKandall Y Randolph
YRay Y Reaves Y Reichert N 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
Streat Taylor Y Teague Y Teper Y Thomas.C 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 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 substitute.

Representative Roberts of the 162nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 885. By Representative Groover of the 125th:
A bill to amend Code Section 12-3-522 of the Official Code of Georgia Annotated, relating to creation of the Georgia Music Hall of Fame Authority, so as to change provisions relating to compensation of 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 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
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 Channell Y Childers

Y Clark Y Coker Y Coleman,B Y Coleman.T Y Colwell
Connell
YCox Y Crawford

FRIDAY, MARCH 5, 1993

1559

N Crews Culbreth
Y Cummings
Y Davis.G N Davis.M
Dickinson NDix
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 Y 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
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 E Kinnamon N Klein NLadd Y Lakly Y Lane.D Y Lane.R N Lawrence Y Lawson

YLee Y Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B
Milam N Mills Y Mobley.B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver Y O'Neal
Y Orrock Padgett
Y Parham Y Parrish
Patten Y Pelote Y Perry N Pinholster YPoag

Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves Y Reichert
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 Smith.T
N Smith.V Smith.W
Y Smyre Snow

Y Stancil.F N Stancil.S Y Stanley.L
Stanley.P Y Stephenson
Streat
Taylor
Y Teague
Y Teper Y Thomas.C
Tillman Y Titus
N Towery
Y Trense
Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams.R N Yates
Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 128, nays 24. The Bill, having received the requisite constitutional majority, was passed.

Representative Westmoreland of the 104th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

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 Y Bargeron Y Barnes
Bates Y 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 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 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 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
Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye E 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 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

1560

JOURNAL OF THE HOUSE,

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 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 Y Smyre Y Snow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,?

Y Stephenson Streat Taylor
Y Teague Y Teper Y Thomas.C
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 adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

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 add a new Article 2A, relating to leases; to provide for a short title; to provide for scope; to provide for definitions and an index of definitions; to provide for leases subject to other law; to provide for territorial application of such article to goods covered by a certificate of title; to provide for limitation on the power of parties to consumer leases to choose applicable law and judicial forum; to provide for a waiver or renunciation of a claim or right after default; to provide for unconscionability; to provide for an option to accelerate at will; to provide for the formation and construction of a lease contract; to provide for the statute of frauds; to provide for final written expression and parol or extrinsic evidence; to provide that seals are inoperative; to provide for formation in general; to provide for firm offers; to provide for offer and acceptance in formation of a lease contract; to provide for a course of performance or practical construction; to provide for modification, rescission, and waiver; to provide for a lessee under a finance lease as beneficiary of a supply contract; to provide for express warranties; to provide for warranties against interference and against infringement and lessee's obligation against infringement; to provide for an implied warranty of merchantability; to provide for an implied warranty of fitness for a particular purpose; to provide for exclusion or modification of warranties; to provide for cumulation and conflict of warranties express or implied; to provide for third-party beneficiaries of express and implied warranties; to provide for identification; to provide for insurance and proceeds; to provide for risk of loss; to provide for effect of a default on risk of loss; to provide for casualty to identified goods; to provide for effect of a lease contract; to provide for enforceability of a lease contract; to provide for title to and possession of goods; to provide for alienability of a party's interest under a lease contract or of lessor's residual interest in goods, delegation of performance, and transfer of rights; to provide for subsequent lease of goods by a lessor; to provide for sale or sublease of goods by a lessee; to provide for priority of certain liens arising by operation of law; to provide for priority of liens arising by attachment or levy on, security interests in, and other claims to goods; to provide for special rights of creditors; to provide for lessor's and lessee's rights when goods become fixtures; to provide for lessor's and lessee's rights when goods become accessions; to provide that priority is subject to subordination; to provide for repudiated, substituted, and excused performance of a lease contract; to provide for insecurity and adequate assurance of performance; to provide for anticipatory

FRIDAY, MARCH 5, 1993

1561

repudiation; to provide for retraction of anticipatory repudiation; to provide for substituted performance; to provide for excused performance; to provide for procedure on excused performance; to provide for irrevocable promises in finance leases; to provide for default; to provide for procedure upon default; to provide for notice after default; to provide for modification or impairment of rights and remedies; to provide for liquidation of damages; to provide for cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies; to provide for statute of limitations; to provide for proof of market rent at a time and place; to provide for default by lessor; to provide for lessee's remedies; to provide for lessee's rights on improper delivery and rightful rejection; to provide for installment lease contracts and rejection and default; to provide for a merchant lessee's duties as to rightfully rejected goods; to provide for a lessee's duties as to rightfully rejected goods; to provide for a cure by lessor of improper tender or delivery and replacement; to provide for a waiver of lessee's objections; to provide for acceptance of goods; to provide for effect of acceptance of goods, notice of default, burden of establishing default after acceptance, and notice of claim or litigation to person answerable over; to provide for revocation of acceptance of goods; to provide for cover and substitute goods; to provide for lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods; to provide for lessee's incidental and consequential damages; to provide for a lessee's right to specific performance or replevin; to provide for a lessee's right to goods on a lessor's insolvency; to provide for default by lessee; to provide for a lessor's remedies; to provide for a lessor's right to identify goods to lease contract; to provide for a lessor's right to possession of goods; to provide for a lessor's stoppage of delivery in transit or otherwise; to provide for a lessor's rights to dispose of goods; to provide for a lessor's damages for nonacceptance, failure to pay, repudiation, or other default; to provide for a lessor's action for the rent; to provide for a lessor's incidental damages; to provide for standing to sue third parties for injury to goods; to provide for a lessor's rights to residual interest; to provide for conforming amendments; to change the provisions relating to territorial application of the Uniform Commercial Code and parties' power to choose applicable law; to change the general definition of "security interest" for the purpose of Title 11; to change the provisions relating to security interests arising under the article on sales and provide for security interests arising under the article on leases; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," is amended by adding, following Article 2, a new Article 2A to read as follows:
"ARTICLE 2A LEASES Part 1
General Provisions
11-2A-101. Short title. This article shall be known and may be cited as 'Uniform Commercial Code - Leases.'
11-2A-102. Scope. This article applies to any transaction, regardless of form, that creates a lease.
11-2A-103. Definitions and index of definitions. (1) In this article unless the context otherwise requires:
(a) 'Buyer in ordinary course of business' means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. 'Buying' may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

1562

JOURNAL OF THE HOUSE,

(b) 'Cancellation' occurs when either party puts an end to the lease contract for default by the other party.
(c) 'Commercial unit' means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.
(d) 'Conforming' goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract.
(e) 'Consumer lease' means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose.
(f) 'Fault' means wrongful act, omission, breach, or default.
(g) 'Finance lease' means a lease with respect to which:
(i) The lessor does not select, manufacture, or supply the goods; (ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and (iii) One of the following occurs:
(A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
(B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
(C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
(D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. (h) 'Goods' means all things that are movable at the time of identification to the lease contract, or are fixtures (Code Section 11-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.
(i) 'Installment lease contract' means a lease contract that authorizes or requires
the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause 'each delivery is a separate lease' or its equivalent.
(j) 'Lease' means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly
indicates otherwise, the term includes a sublease.

FRIDAY, MARCH 5, 1993

1563

(k) 'Lease agreement' means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.
(1) 'Lease contract' means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.
(m) 'Leasehold interest' means the interest of the lessor or the lessee under a lease contract.
(n) 'Lessee' means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.
(o) 'Lessee in ordinary course of business' means a person who in good faith and without knowledge that the lease to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. 'Leasing' may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a pre-existing lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
(p) 'Lessor' means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.
(q) 'Lessor's residual interest' means the lessor's interest in the goods after expiration, termination, or cancellation of the lease contract.
(r) 'Lien' means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest.
(s) 'Lot' means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.
(t) 'Merchant lessee' means a lessee that is a merchant with respect to goods of the kind subject to the lease.
(u) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
(v) 'Purchase' includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods.
(w) 'Sublease' means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.
(x) 'Supplier' means a person from whom a lessor buys or leases goods to be leased under a finance lease.
(y) 'Supply contract' means a contract under which a lessor buys or leases goods to be leased.
(z) 'Termination' occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default. (2) Other definitions applying to this article and the sections in which they appear are:
'Accessions'. Code Section 11-2A-310(1). 'Construction mortgage'. Code Section ll-2A-309(l)(d).
'Encumbrance'. Code Section ll-2A-309(l)(e).
'Fixtures'. Code Section ll-2A-309(l)(a).
'Fixture filing'. Code Section ll-2A-309(l)(b).
'Purchase money lease'. Code Section ll-2A-309(l)(c).
(3) The following definitions in other articles of this title apply to this article:

1564

JOURNAL OF THE HOUSE,

'Account'. Code Section 11-9-106. 'Between merchants'. Code Section 11-2-104(3).
'Buyer'. Code Section ll-2-103(l)(a). 'Chattel paper'. Code Section ll-9-105(l)(b). 'Consumer goods'. Code Section 11-9-109(1).
'Document'. Code Section ll-9-105(l)(f). 'Entrusting'. Code Section 11-2-403(3). 'General intangibles'. Code Section 11-9-106.
'Good faith'. Code Section ll-2-103(l)(b). 'Instrument'. Code Section ll-9-105(l)(i).
'Merchant'. Code Section 11-2-104(1).
'Mortgage'. Code Section ll-9-105(l)(j). 'Pursuant to commitment'. Code Section ll-9-105(l)(k). 'Receipt'. Code Section ll-2-103(l)(c).
'Sale'. Code Section 11-2-106(1). 'Sale on approval'. Code Section 11-2-326. 'Sale or return'. Code Section 11-2-326.
'Seller'. Code Section ll-2-103(l)(d). (4) In addition, Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.
11-2A-104. Leases subject to other law. (1) A lease, although subject to this article, is also subject to any applicable:
(a) Certificate of title statute of this State:
(b) Certificate of title statute of another jurisdiction (Code Section 11-2A-105); or (c) Consumer protection statute of this State, or final consumer protection decision of a court of this State existing on the effective date of this article.
(2) In case of conflict between this article, other than Code Sections 11-2A-105, 11-2A-304(3), and 11-2A-305(3), and a statute or decision referred to in subsection (1), the statute or decision controls.
(3) Failure to comply with an applicable law has only the effect specified therein. 11-2A-105. Territorial application of article to goods covered by certificate of title. Subject to the provisions of Code Sections 11-2A-304(3) and 11-2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this State or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.
11-2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum. (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods
are to be used, the choice is not enforceable. (2) If the judicial forum chosen by the parties to a consumer lease is a forum that
would not otherwise have jurisdiction over the lessee, the choice is not enforceable. 11-2A-107. Waiver or renunciation of claim or right after default. Any claim or
right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and deliv-
ered by the aggrieved party. 11-2A-108. Unconscionability. (1) If the court as a matter of law finds a lease con-
tract or any clause of a lease contract to have been unconscionable at the time it was
made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the applica-
tion of any unconscionable clause as to avoid any unconscionable result. (2) With respect to a consumer lease, if the court as a matter of law finds that a
lease contract or any clause of a lease contract has been induced by unconscionable con-
duct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.

FRIDAY, MARCH 5, 1993

1565

(3) Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.
(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:
(a) If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling. 11-2A-109. Option to accelerate at will. (1) A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral 'at will' or 'when he deems himself insecure' or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired. (2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
Part 2 Formation and Construction
of Lease Contract
11-2A-201. Statute of frauds. (1) A lease contract is not enforceable by way of action or defense unless:
(a) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or
(b) There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (l)(b), whether or not it is specific, if it reasonably identifies what is described. (3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (l)(b) beyond the lease term and the quantity of goods shown in the writing. (4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable:
(a) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(b) If the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) With respect to goods that have been received and accepted by the lessee. (5) The lease term under a lease contract referred to in subsection (4) is:
(a) If there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified;
(b) If the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or
(c) A reasonable lease term.

1566

JOURNAL OF THE HOUSE,

11-2A-202. Final written expression: Parole or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
(a) By course of dealing or usage of trade or by course of performance; and (b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
11-2A-203. Seals inoperative. The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.
11-2A-204. Formation in general. (1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.
(2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined.
(3) Although one or more terms are left open, a lease contract does not fail for indef-
initeness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
11-2A-205. Firm offers. An offer by a merchant to lease goods to or from another
person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months.
Any such term of assurance on a form supplied by the offeree must be separately signed by the offerer.
11-2A-206. Offer and acceptance in formation of lease contract. (1) Unless other-
wise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
(2) If the beginning of a requested performance is a reasonable mode of acceptance, an offerer who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
11-2A-207. Course of performance or practical construction. (1) If a lease contract involves repeated occasions for performance by either party with knowledge of the
nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection is relevant to determine the meaning of the lease agreement.
(2) The express terms of a lease agreement and any course of performance, as well
as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and
usage of trade, and course of dealing controls usage of trade. (3) Subject to the provisions of Code Section 11-2A-208 on modification and waiver,
course of performance is relevant to show a waiver or modification of any term inconsist-
ent with the course of performance. 11-2A-208. Modification, rescission and waiver. (1) An agreement modifying a lease
contract needs no consideration to be binding. (2) A signed lease agreement that excludes modification or rescission except by a
signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(3) The requirements of the statute of frauds section of this article (Code Section 11-2A-201) must be satisfied if the contract as modified is within its provisions.
(4) Although an attempt at modification or rescission does not satisfy the require-
ments of subsection (2), it may operate as a waiver.

FRIDAY, MARCH 5, 1993

1567

(5) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
11-2A-209. Lessee under finance lease as beneficiary of supply contract. (1) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.
(2) The extension of the benefit of a supplier's promises and of warranties to the lessee (Code Section 11-2A-209(1)) does not: (i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract on the lessee.
(3) Any modification or rescission of the supply contract by the supplier and the les-
sor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between
the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier
to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
(4) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (1), the lessee retains all rights that the lessee may
have against the supplier which arise from an agreement between the lessee and the supplier or under other law.
11-2A-210. Express warranties. (1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express
warranty that the goods will conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain
creates an express warranty that the goods will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model. (2) It is not necessary to the creation of an express warranty that the lessor use for-
mal words, such as 'warrant' or 'guarantee,' or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement
purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.
11-2A-211. Warranties against interference and against infringement; lessee's obliga-
tion against infringement. (1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will
interfere with the lessee's enjoyment of its leasehold interest. (2) Except in a finance lease there is in a lease contract by a lessor who is a mer-
chant regularly dealing in goods of the kind a warranty that the goods are delivered free
of the rightful claim of any person by way of infringement or the like. (3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor
and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
11-2A-212. Implied warranty of merchantability. (1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor
is a merchant with respect to goods of that kind. (2) Goods to be merchantable must be at least such as: (a) Pass without objection in the trade under the description in the lease agree-
ment;

1568

JOURNAL OF THE HOUSE,

(b) In the case of fungible goods, are of fair average quality within the description; (c) Are fit for the ordinary purposes for which goods of that type are used; (d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved; (e) Are adequately contained, packaged, and labeled as the lease agreement may require; and (f) Conform to any promises or affirmations of fact made on the container or label. (3) Other implied warranties may arise from course of dealing or usage of trade. 11-2A-213. Implied warranty of fitness for particular purpose. Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose. 11-2A-214. Exclusion or modification of warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of Code Section 11-2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable. (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention 'merchantability,' be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, 'There is no warranty that the goods will be fit for a particular purpose.' (3) Notwithstanding subsection (2), but subject to subsection (4), (a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like 'as is,' or 'with all faults,' or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous; (b) If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and (c) An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or against infringement (Code Section 11-2A-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
11-2A-215. Cumulation and conflict of warranties express or implied. Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
11-2A-216. Third-party beneficiaries of express and implied warranties. A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee's home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. This

FRIDAY, MARCH 5, 1993

1569

section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any beneficiary designated under this section.
11-2A-217. Identification. Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:
(a) When the lease contract is made if the lease contract is for a lease of goods that are existing and identified;
(b) When the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or
(c) When the young are conceived, if the lease contract is for a lease of unborn young of animals. 11-2A-218. Insurance and proceeds. (1) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.
(2) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that iden-
tification is final, may substitute other goods for those identified. (3) Notwithstanding a lessee's insurable interest under subsections (1) and (2), the
lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.
(4) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
(5) The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may deter-
mine the beneficiary of the proceeds of the insurance. 11-2A-219. Risk of loss. (1) Except in the case of a finance lease, risk of loss is
retained by the lessor and does not pass to the lessee. In the case of a finance lease,
risk of loss passes to the lessee. (2) Subject to the provisions of this article on the effect of default on risk of loss
(Code Section 11-2A-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:
(a) If the lease contract requires or authorizes the goods to be shipped by carrier
(i) And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but
(ii) If it does require delivery at a particular destination and the goods are there
duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to
possession of the goods. (c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee
on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
11-2A-220. Effect of default on risk of loss. (1) Where risk of loss is to pass to the lessee and the time of passage is not stated:
(a) If a tender or delivery of goods so fails to conform to the lease contract as to
give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, he, to the extent of any deficiency
in his effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning. (2) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under

1570

JOURNAL OF THE HOUSE,

the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
11-2A-221. Casualty to identified goods. If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or Code Section 11-2A-219, then:
(a) If the loss is total, the lease contract is avoided; and (b) If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor.
Part3 Effect of Lease Contract
11-2A-301. Enforceability of lease contract. Except as otherwise provided in this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.
11-2A-302. Title to and possession of goods. Except as otherwise provided in this article, each provision of this article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.
11-2A-303. Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; transfer of rights. (1) As used in this section, 'creation of a security interest' includes the sale of a lease contract that is subject to Article 9 of this title, Secured Transactions, by reason of Code Section ll-9-102(l)(b).
(2) Except as provided in subsections (3) and (4), a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (5), but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective.
(3) A provision in a lease agreement which (i) prohibits the creation or enforcement of a security interest in an interest of a party under the lease contract or in the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default, is not enforceable unless, and then only to the extent that, there is an actual transfer by the lessee of the lessee's right of possession or use of the goods in violation of the provision or an actual delegation of a material performance of either party to the lease contract in violation of the provision. Neither the granting nor the enforcement of a security interest in (i) the lessor's interest under the lease contract or (ii) the lessor's residual interest in the goods is a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the lessee within the purview of subsection (5) unless, and then only to the extent that, there is an actual delegation of a material performance of the lessor. For purposes of this subsection: (a) a party's 'performance' includes its rights as well as its duties; and (b) a party creating or enforcing (or seeking to create or enforce) a security interest that the lease contract prohibits or makes an event of default has the burden of proving that such a transfer does not involve an actual delegation of a material performance.
(4) A provision in a lease agreement which (i) prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor's due performance of the transferor's entire obligation, or (ii) makes

FRIDAY, MARCH 5, 1993

1571

such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (5).
(5) Subject to subsections (3) and (4): (a) if a transfer is made which is made an event of default under a lease agreement,
the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in Code Section 11-2A-50K2);
(b) if paragraph (a) is not applicable and if a transfer is made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, (x) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer and (y) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer. For purposes of clause (b)(2), the transferor has the burden of proving that any of the damages caused by the transfer could reasonably be or have been prevented by the party not making the transfer, and of proving the extent that they could reasonably be or have been so prevented. (6) A transfer of 'the lease' or of 'all my rights under the lease', or a transfer in similar general terms, is a transfer of rights, and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract. (7) Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default. (8) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous. 11-2A-304. Subsequent lease of goods by lessor. (1) Subject to Section 11-2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) and Code Section ll-2A-527(4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though:
(a) The lessor's transferor was deceived as to the identity of the lessor;
(b) The delivery was in exchange for a check which is later dishonored;
(c) It was agreed that the transaction was to be a 'cash sale'; or
(d) The delivery was procured through fraud punishable as larcenous under the criminal law.
(2) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract.
(3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.

1572

JOURNAL OF THE HOUSE,

11-2A-305. Sale or sublease of goods by lessee. (1) Subject to the provisions of Code Section 11-2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided in subsection (2) and Code Section 11-2A-511(4), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease the lessee has that power even though:
(a) The lessor was deceived as to the identity of the lessee; (b) The delivery was in exchange for a check which is later dishonored; or
(c) The delivery was procured through fraud punishable as larcenous under the criminal law.
(2) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract.
(3) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute.
11-2A-306. Priority of certain liens arising by operation of law. If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given
by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this article unless (i) the lien is created
by statute and the statute provides otherwise; (ii) the lien is created by rule of law and the rule of law provides otherwise; or (iii) with regard to the rights of a creditor of the lessor or lessee, a different priority would result by application of Code Section 11-9-310.
11-2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods. (1) Except as otherwise provided in Code Section 11-2A-306, a creditor of a lessee takes subject to the lease contract.
(2) Except as otherwise provided in subsections (3) and (4) and in Code Sections 11-2A-306 and 11-2A-308, a creditor of a lessor takes subject to the lease contract unless:
(a) The creditor holds a lien that attached to the goods before the lease contract became enforceable;
(b) The creditor holds a security interest in the goods and the lessee did not give value and receive delivery of the goods without knowledge of the security interest; or
(c) The creditor holds a security interest in the goods which was perfected (Code
Section 11-9-303) before the lease contract became enforceable. (3) A lessee in the ordinary course of business takes the leasehold interest free of a
security interest in the goods created by the lessor even though the security interest is perfected (Code Section 11-9-303) and the lessee knows of its existence.
(4) A lessee other than a lessee in the ordinary course of business takes the leasehold
interest free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the lease or more than 45 days after the lease contract becomes enforceable, whichever first occurs, unless the future advances
are made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.
11-2A-308. Special rights of creditors. (1) A creditor of a lessor in possession of
goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor
for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.
(2) Nothing in this article impairs the rights of creditors of a lessor if the lease contract (a) becomes enforceable, not in current course of trade but in satisfaction of or as

FRIDAY, MARCH 5, 1993

1573

security for a pre-existing claim for money, security, or the like, and (b) is made under circumstances which under any statute or rule of law apart from this article would constitute the transaction a fraudulent transfer or voidable preference.
(3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
11-2A-309. Lessor's and lessee's rights when goods become fixtures. (1) In this section:
(a) Goods are 'fixtures' when they become so related to particular real estate that an interest in them arises under real estate law;
(b) A 'fixture filing' is the filing, in the office where a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of Code Section 11-9-402(5);
(c) A lease is a 'purchase money lease' unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable;
(d) A mortgage is a 'construction mortgage' to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost
of the land, if the recorded writing so indicates; and (e) 'Encumbrance' includes real estate mortgages and other liens on real estate and
all other rights in real estate that are not ownership interests. (2) Under this article a lease may be of goods that are fixtures or may continue in goods that become fixtures, but no lease exists under this article of ordinary building
materials incorporated into an improvement on land. (3) This article does not prevent creation of a lease of fixtures pursuant to real estate
law. (4) The perfected interest of a lessor of fixtures has priority over a conflicting inter-
est of an encumbrancer or owner of the real estate if: (a) The lease is a purchase money lease, the conflicting interest of the encum-
brancer or owner arises before the goods become fixtures, the interest of the lessor is
perfected by a fixture filing before the goods become fixtures or within ten days thereafter, and the lessee has an interest of record in the real estate or is in possession of
the real estate; or (b) The interest of the lessor is perfected by a fixture filing before the interest of
the encumbrancer or owner is of record, the lessor's interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee
has an interest of record in the real estate or is in possession of the real estate. (5) The interest of a lessor of fixtures, whether or not perfected, has priority over
the conflicting interest of an encumbrancer or owner of the real estate if: (a) The fixtures are readily removable factory or office machines, readily remov-
able equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and before the goods become fixtures the lease contract
is enforceable; or (b) The conflicting interest is a lien on the real estate obtained by legal or equita-
ble proceedings after the lease contract is enforceable; or (c) The encumbrancer or owner has consented in writing to the lease or has dis-
claimed an interest in the goods as fixtures; or (d) The lessee has a right to remove the goods as against the encumbrancer or
owner. If the lessee's right to remove terminates, the priority of the interest of the les-
sor continues for a reasonable time. (6) Notwithstanding subsection (4) (a) but otherwise subject to subsections (4) and (5), the interest of a lessor of fixtures, including the lessor's residual interest, is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures

1574

JOURNAL OF THE HOUSE,

before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage.
(7) In cases not within the preceding subsections, priority between the interest of a lessor of fixtures, including the lessor's residual interest, and the conflicting interest of an encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate.
(8) If the interest of a lessor of fixtures, including the lessor's residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee may (i) on default, expiration, termination, or cancellation of the lease agreement but subject to the agreement and this article, or (ii) if necessary to enforce other rights and remedies of the lessor or lessee under this article, remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but the lessor or lessee must reimburse any encum-
brancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove
until the party seeking removal gives adequate security for the performance of this obligation.
(9) Even though the lease agreement does not create a security interest, the interest
of a lessor of fixtures, including the lessor's residual interest, is perfected by filing a financing statement as a fixture filing for leased goods that are or are to become fixtures in accordance with the relevant provisions of the article on secured transactions (Article 9 of this title).
11-2A-310. Lessor's and lessee's rights when goods become accessions. (1) Goods are 'accessions' when they are installed in or affixed to other goods.
(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).
(3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests
in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.
(4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of
(a) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or
(b) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract. (5) When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds
an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other
party but subject to the provisions of the lease contract and this article, or (b) if necessary to enforce his other rights and remedies under this article, remove the goods from the whole, free and clear of all interests in the whole, but he must reimburse any holder
of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A
person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
11-2A-311. Priority subject to subordination. Nothing in this article prevents subor-
dination by agreement by any person entitled to priority.

FRIDAY, MARCH 5, 1993

1575

Part 4 Performance of Lease Contract:
Repudiated, Substituted and Excused
11-2A-401. Insecurity: Adequate assurance of performance. (1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired.
(2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he has not already received the agreed return.
(3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party.
(4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.
(5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.
11-2A-402. Anticipatory repudiation. If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may:
(a) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party;
(b) Make demand pursuant to Code Section 11-2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or
(c) Resort to any right or remedy upon default under the lease contract or this article, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party's performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one
of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this article
on the lessor's right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (Code Section 11-2A-524). 11-2A-403. Retraction of anticipatory repudiation. (1) Until the repudiating party's
next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final.
(2) Retraction may be by any method that clearly indicates to the aggrieved party
that the repudiating party intends to perform under the lease contract and includes any assurance demanded under Code Section 11-2A-401.
(3) Retraction reinstates a repudiating party's rights under a lease contract with due
excuse and allowance to the aggrieved party for any delay occasioned by the repudiation. 11-2A-404. Substituted performance. (1) If without fault of the lessee, the lessor
and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the
substitute performance must be tendered and accepted. (2) If the agreed means or manner of payment fails because of domestic or foreign
governmental regulation:
(a) The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and
(b) If delivery has already been taken, payment by the means or in the manner
provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory.

1576

JOURNAL OF THE HOUSE,

11-2A-405. Excused performance. Subject to Code Section 11-2A-404 on substituted performance, the following rules apply:
(a) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.
(b) If the causes mentioned in paragraph (a) affect only part of the lessor's or the supplier's capacity to perform, he shall allocate production and deliveries among his customers but at his option may include regular customers not then under contract for sale or lease as well as his own requirements for further manufacture. He may so allocate in any manner that is fair and reasonable.
(c) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (b), of the estimated quota thus made available for the lessee. 11-2A-406. Procedure on excused performance. (1) If the lessee receives notification of a material or indefinite delay or an allocation justified under Code Section 11-2A-405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Code Section 11-2A-510):
(a) Terminate the lease contract (Code Section 11-2A-505(2)); or (b) Except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor. (2) If, after receipt of a notification from the lessor under Code Section 11-2A-405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected. 11-2A-407. Irrevocable promises: Finance leases. (1) In the case of a finance lease that is not a consumer lease the lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods. (2) A promise that has become irrevocable and independent under subsection (1): (a) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and (b) Is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs. (3) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods.
Part 5 Default
A. In General
11-2A-501. Default: Procedure. (1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article.
(2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this article and, except as limited by this article, as provided in the lease agreement.
(3) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this article.

FRIDAY, MARCH 5, 1993

1577

(4) Except as otherwise provided in Code Section 11-1-106(1) or this article or the lease agreement, the rights and remedies referred to in subsections (2) and (3) are cumulative.
(5) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this Part as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case this Part does not apply.
11-2A-502. Notice after default. Except as otherwise provided in this article, applicable statutes, or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.
11-2A-503. Modification or impairment of rights and remedies. (1) Except as otherwise provided in this article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article.
(2) Resort to a remedy provided under this article or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this article.
(3) Consequential damages may be liquidated under Code Section 11-2A-504, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion
is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.
(4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this article.
11-2A-504. Liquidation of damages. (1) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of
anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.
(2) If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy
that circumstances cause to fail of its essential purpose, remedy may be had as provided in this article.
(3) If the lessor justifiably withholds or stops delivery of goods because of the
lessee's default or insolvency (Code Section 11-2A-525 or 11-2A-526), the lessee is entitled to restitution of any amount by which the sum of his payments exceeds:
(a) The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or
(b) In the absence of those terms, 20 percent of the then present value of the total
rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or $500. (4) A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor establishes:
(a) a right to recover damages under the provisions of this article other than subsection (1); and
(b) the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract. 11-2A-505. Cancellation and termination and effect of cancellation, termination,
rescission, or fraud on rights and remedies. (1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any rem-
edy for default of the whole lease contract or any unperformed balance. (2) On termination of the lease contract, all obligations that are still executory on
both sides are discharged but any right based on prior default or performance survives.

1578

JOURNAL OF THE HOUSE,

(3) Unless the contrary intention clearly appears, expressions of 'cancellation,' 'rescission,' or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.
(4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this article for default.
(5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.
11-2A-506. Statute of limitations. (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year.
(2) A cause of action accrues when the default occurs, regardless of the aggrieved party's lack of knowledge of the default. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
(3) If an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before this article becomes effective.
11-2A-507. Proof of market rent: Time and place. (1) Damages based on market rent (Code Section 11-2A-519 or 11-2A-528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in Code Sections 11-2A-519 and 11-2A-528.
(2) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this article is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place.
(3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this article offered by one party is not admissible unless and until he has given the other party notice the court finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility.
B. Default by Lessor
11-2A-508. Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity to the lease contract (Code Section 11-2A-509) or repudiates the lease contract (Code Section 11-2A-402), or a lessee rightfully rejects the goods (Code Section 11-2A-509) or justifiably revokes acceptance of the goods (Code Section 11-2A-517), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Code Section 11-2A-510), the lessor is in default under the lease contract and the lessee may:
(a) Cancel the lease contract (Code Section 11-2A-505(1));

FRIDAY, MARCH 5, 1993

1579

(b) Recover so much of the rent and security as has been paid and is just under the circumstances;
(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (Code Sections 11-2A-518 and 11-2A-520), or recover damages for nondelivery (Code Sections 11-2A-519 and 11-2A-520);
(d) Exercise any other rights or pursue any other remedies provided in the lease contract. (2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:
(a) If the goods have been identified, recover them (Code Section 11-2A-522); or (b) In a proper case, pursue those rights contained in Code Section 11-2A-521. (3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in Code Section 11-2A-519(3). (4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (Code Section 11-2A-519(4)). (5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to Code Section ll-2A-527(5). (6) Subject to the provisions of Code Section 11-2A-407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.
11-2A-509. Lessee's rights on improper delivery; rightful rejection. (1) Subject to the provisions of Code Section 11-2A-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.
(2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.
11-2A-510. Installment lease contracts: Rejection and default. (1) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery.
(2) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as a whole there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries.
11-2A-511. Merchant lessee's duties as to rightfully rejected goods. (1) Subject to any security interest of a lessee (Code Section 11-2A-508(5)), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.
(2) If a merchant lessee (subsection (1)) or any other lessee (Code Section 11-2A-512) disposes of goods, he is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual

1580

JOURNAL OF THE HOUSE,

in the trade, or if there is none, to a reasonable sum not exceeding 10 percent of the gross proceeds.
(3) In complying with this section or Code Section 11-2A-512, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages.
(4) A purchaser who purchases in good faith from a lessee pursuant to this section or Code Section 11-2A-512 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this article.
11-2A-512. Lessee's duties as to rightfully rejected goods. (1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (Code Section 11-2A-511) and subject to any security interest of a lessee (Code Section 11-2A-508(5)):
(a) The lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection;
(b) If the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided in Code Section 11-2A-511; but
(c) The lessee has no further obligations with regard to goods rightfully rejected. (2) Action by the lessee pursuant to subsection (1) is not acceptance or conversion. 11-2A-513. Cure by lessor of improper tender or delivery; replacement. (1) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract. (2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he seasonably notifies the lessee. 11-2A-514. Waiver of lessee's objections. (1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default:
(a) If, stated seasonably, the lessor or the supplier could have cured it (Code Section 11-2A-513); or
(b) Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely. (2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent on the face of the documents.
11-2A-515. Acceptance of goods. (1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and
(a) The lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or
(b) The lessee fails to make an effective rejection of the goods (Code Section 11-2A-509(2)).
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.
11-2A-516. Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
(2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity,

FRIDAY, MARCH 5, 1993

1581

acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this article or the lease agreement for nonconformity.
(3) If a tender has been accepted: (a) Within a reasonable time after the lessee discovers or should have discovered
any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;
(b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (Code Section 11-2A-211) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and
(c) The burden is on the lessee to establish any default. (4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply:
(a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two liti-
gations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound.
(b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (Code Section 11-2A-211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy
any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
(5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (Code Section 11-2A-211).
11-2A-517. Revocation of acceptance of goods. (1) A lessee may revoke acceptance
of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it:
(a) Except in the case of a finance lease, on the reasonable assumption that its
nonconformity would be cured and it has not been seasonably cured; or (b) Without discovery of the nonconformity if the lessee's acceptance was reason-
ably induced either by the lessor's assurances or, except in the case of a finance lease,
by the difficulty of discovery before acceptance. (2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease con-
tract and the default substantially impairs the value of that lot or commercial unit to the lessee.
(3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor.
(4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change
in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor.
(5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them.
11-2A-518. Cover; substitute goods. (1) After a default by a lessor under the lease contract of the type described in Code Section 11-2A-508(1) or, if agreed, after other
default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor.
(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if a lessee's cover is by a lease
agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may

1582

JOURNAL OF THE HOUSE,

recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages, less expenses saved in consequence of the lessor's default.
(3) If a lessee's cover is by lease agreement that for any reason does not qualify for treatment under subsection (2), or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and Code Section 11-2A-519 governs.
11-2A-519. Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under Code Section 11-2A-518(2), or is by purchase or otherwise, the measure of damages for non-delivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival.
(3) Except as otherwise agreed, if the lessee has accepted goods and given notification (Code Section ll-2A-5l6(3)), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor's default.
(4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty.
11-2A-520. Lessee's incidental and consequential damages. (1) Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default.
(2) Consequential damages resulting from a lessor's default include:
(a) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) Injury to person or property proximately resulting from any breach of warranty.
11-2A-521. Lessee's right to specific performance or replevin. (1) Specific performance may be decreed if the goods are unique or in other proper circumstances.
(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just.
(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.

FRIDAY, MARCH 5, 1993

1583

11-2A-522. Lessee's right to goods on lessor's insolvency. (1) Subject to subsection (2) and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (Code Section 11-2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within 10 days after receipt of the first installment of rent and security.
(2) A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
C. Default by Lessee
11-2A-523. Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Code Section 11-2A-510), the lessee is in default under the lease contract and the lessor may:
(a) Cancel the lease contract (Code Section 11- 2A-505(1)); (b) Proceed respecting goods not identified to the lease contract (Code Section 112A-524); (c) Withhold delivery of the goods and take possession of goods previously delivered (Code Section 11-2A-525); (d) Stop delivery of the goods by any bailee (Code Section 11-2A-526); (e) Dispose of the goods and recover damages (Code Section 11-2A-527), or retain the goods and recover damages (Code Section 11-2A-528), or in a proper case recover rent (Code Section 11-2A-529); (f) Exercise any other rights or pursue any other remedies provided in the lease contract. (2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default. (3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract: (a) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsections (1) or (2); or (b) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2). 11-2A-524. Lessor's right to identify goods to lease contract. (1) After default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or Code Section ll-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor may: (a) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor's or the supplier's possession or control; and (b) Dispose of goods (Code Section 11-2A-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished. (2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner. 11-2A-525. Lessor's right to possession of goods. (1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.

1584

JOURNAL OF THE HOUSE,

(2) After a default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or ll-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (Code Section 11-2A-527).
(3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action.
11-2A-526. Lessor's stoppage of delivery in transit or otherwise. (1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods.
(2) In pursuing its remedies under subsection (1), the lessor may stop delivery until
(a) Receipt of the goods by the lessee; (b) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that
the bailee holds the goods for the lessee; or (c) Such an acknowledgment to the lessee by a carrier via reshipment or as ware-
houseman. (3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable
diligence to prevent delivery of the goods. (b) After notification, the bailee shall hold and deliver the goods according to the
directions of the lessor, but the lessor is liable to the bailee for any ensuing charges
or damages. (c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey
a notification to stop received from a person other than the consignor. 11-2A-527. Lessor's rights to dispose of goods. (1) After a default by a lessee under
the lease contract of the type described in Code Section 11-2A-523(1) or ll-2A-523(3)(a) or after the lessor refuses to deliver or takes possession of goods (Code Section 11-2A-525 or 11-2A-526), or, if agreed, after other default by a lessee, the lessor may dis-
pose of the goods concerned or the undelivered balance thereof by lease, sale, or other-
wise. (2) Except as otherwise provided with respect to damages liquidated in the lease
agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may
recover from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (ii) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agree-
ment minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the
lessee's default. (3) If the lessor's disposition is by lease agreement that for any reason does not qual-
ify for treatment under subsection (2), or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and Code Section
11-2A-528 governs. (4) A subsequent buyer or lessee who buys or leases from the lessor in good faith
for value as a result of a disposition under this section takes the goods free of the origi-
nal lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this article.
(5) The lessor is not accountable to the lessee for any profit made on any disposition.
A lessee who has rightfully rejected or justifiably revoked acceptance shall account to

FRIDAY, MARCH 5, 1993

1585

the lessor for any excess over the amount of the lessee's security interest (Code Section 11-2A-508(5)).
11-2A-528. Lessor's damages for nonacceptance, failure to pay, repudiation, or other default. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under Code Section ll-2A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in Code Section 11-2A-523(1) or ll-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor, (ii) the present
value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease
term, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default.
(2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made
from full performance by the lessee, together with any incidental damages allowed under Code Section 11-2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition.
11-2A-529. Lessor's action for the rent. (1) After default by the lessee under the lease contract of the type described in Code Section 11- 2A-523(1) or ll-2A-523(3)(a)
or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages:
(a) For goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (Code Section 11-2A-219), (i) accrued and unpaid
rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agree-
ment, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default; and
(b) For goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, (i) accrued and unpaid rent as of the date of
entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any inci-
dental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default.
(2) Except as provided in subsection (3), the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.
(3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1). If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the
lessee for damages is governed by Code Section 11-2A-527 or Code Section 11-2A-528, and the lessor will cause an appropriate credit to be provided against a judgment for
damages to the extent that the amount of the judgment exceeds the recovery available pursuant to Code Section 11-2A-527 or 11-2A-528.
(4) Payment of the judgment for damages obtained pursuant to subsection (1) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.
(5) After default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or Code Section ll-2A-523(3)(a) or, if agreed, after other default

1586

JOURNAL OF THE HOUSE,

by the lessee, a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for non-acceptance under Code Section 11-2A-527 or Code Section 11-2A-528.
11-2A-530. Lessor's incidental damages. Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee's default, in connection with return or disposition of the goods, or otherwise resulting from the default.
11-2A-531. Standing to sue third parties for injury to goods. (1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the
(i) Has a security interest in the goods; (ii) Has an insurable interest in the goods; or (iii) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed. (2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his suit or settlement, subject to his own interest, is as a fiduciary for the other party to the lease contract. (3) Either party with the consent of the other may sue for the benefit of whom it may concern. 11-2A-532. Lessor's rights to residual interest. In addition to any other recovery permitted by this article or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee."
Section 2. Said title is further amended by striking Code Section 11-1-105, relating to territorial application of the Uniform Commercial Code and the parties' power to choose applicable law, and inserting in lieu thereof a new Code Section 11-1-105 to read as follows:
"11-1-105. Territorial application of the title; parties' power to choose applicable law. (1) Except as provided hereafter in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state.
(2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. Code Section 11-2-402. Applicability of the article of this title on leases (Article 2A of this title). Code Sections 11-2A-105 and 11-2A-106. Applicability of the article of this title on bank deposits and collections (Article 4 of this title). Code Section 11-4-102. Bulk transfers subject to the article of this title on bulk transfers (Article 6 of this title). Code Section 11-6-102. Applicability of the article of this title on investment securities (Article 8 of this title). Code Section 11-8-106. Perfection provisions of the article of this title on secured transactions (Article 9 of this title). Code Section 11-9-103. Governing law in the article on funds transfers. (Article 4A of this title). Code Section 11-4A-507."
Section 3. Said title is further amended by striking subsection (37) of Code Section 11-1-201, relating to general definitions of terms used in Title 11, the "Uniform Commercial Code," and inserting in lieu thereof a new subsection (37) to read as follows:

FRIDAY, MARCH 5, 1993

1587

"(37) 'Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (Code Section 11-2-401) is limited in effect to a reservation of a 'security interest.' The term also includes any interest of a buyer of accounts; or chattel paper which is subject to Article 9 of this title. The special property interest of a buyer of goods on identification of seh those goods to a contract for sale under Code Section 11-2-401 is not a 'security interest,' but a buyer may also acquire a 'security interest' by complying with Article 9 of this title. Unless a lease er consignment is intended as security, reservation of title thereunder is not a 'security interest/ but a consignment is in any event is subject to the provisions on consignment sales (Code Section 11-2-326). Whether a tease is mtendcd ds security is to fee1 deter mined oy the tflccs Or e&cn cssej nowever, \ft/ trie inc1uston of &n option to purenflse noes not of itself flMHfc ti)6 tcflse one intended lor
lessee snflii become ot n&s trie option to oecofifte tne owner of trie property tor no fttidi~ tional consideration er for a nominal consideration dees make the lease one intended for security.
Whether a transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and
(a) The original term of the lease is equal to or greater than the remaining economic life of the goods,
(b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods,
(c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement, or
(d) the lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. A transaction does not create a security interest merely because it provides that
(a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into,
(b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods,
(c) The lessee has an option to renew the lease or to become the owner of the goods,
(d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or
(e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. For purposes of this subsection (37):
(x) Additional consideration is not nominal if (i)when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed. Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised;
(y) 'Reasonably predictable' and 'remaining economic life of the goods' are to be determined with reference to the facts and circumstances at the time the transaction is entered into; and

1588

JOURNAL OF THE HOUSE,

(z) 'Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into."
Section 4. Said title is further amended by striking Code Section 11-9-113, relating to security interests arising under the article on sales, and inserting in lieu thereof a new Code Section 11-9-113 to read as follows:
"11-9-113. Security interests arising under article on sales or under article on leases. A security interest arising solely under the article on sales (Article 2 of this title) or the article on leases (Article 2A of this title) is subject to the provisions of this article except that to the extent that and so long as the debtor does not have or does not lawfully obtain possession of the goods:
(a) No security agreement is necessary to make the security interest enforceable; and
(b) No filing is required to perfect the security interest; and (c) The rights of the secured party on default by the debtor are governed i^ by the article on sales (Article 2 of this title) in the case of a security interest arising solely under such article or (ii) by the article on leases (Article 2A of this title) in the case of a security interest arising solely under such article."
Section 5. This Act shall become effective on July 1, 1993, for all lease contracts that are first made or that first become effective between the parties on or after that date. This Act shall not apply to any lease first made or that first became effective between the parties before July 1, 1993, or to any extension, amendment, modification, renewal, or supplement of or to any such lease contract, unless the parties thereto specifically agree in writing that such lease contract, as extended, amended, modified, renewed, or supplemented, shall be governed by this Act.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
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 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 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
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

Jamieson Y Jenkins
Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye E 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 Milam
Y 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
Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall

FRIDAY, MARCH 5, 1993

1589

Y Randolph Y Ray Y Reaves
Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp

Simpson Y Sinkfield E Skandalakis
Y Skipper Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith.V Y Smith.W

Srayre Y Snow Y Stancil.F
Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson
Streat Taylor Teague

Y Teper Y Thomas.C
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, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal 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 such levies for the purpose of construction or expansion of pedestrian and bicycle facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended by striking paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 l/3 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; or (E) for some combination of such purposes.

1590

JOURNAL OF THE HOUSE,

Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; er (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; or (E) pedestrian and bicycle facilities. Amounts so expended to meet such 16 % percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain 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 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 N Baker N Bannister N Barfoot N Bargeron N Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove N Brooks.D Y Brooks.T
Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty N Carlisle Y Carrell
Carter N Cauthorn
Chambless N Chandler N Channell
N Childers

Y Clark Y Coker Y Coleman.B N Coleman.T N Colwell N Connell
YCox Y Crawford Y Crews Y Culbreth N Cummings Y Davis.G Y Davis.M Y Dickinson YDix
Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart NEpps Y Evans Y Felton N Floyd,J.M
Floyd,J.W N Godbee N Golden Y Goodwin Y Greene N Groover N Hammond N Hanner

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

NLee N Lewis NLord N Lucas Y Maddox E Mann Y Martin N McBee N McClinton
McKinney,B N Milam N Mills Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal N Orrock Y Padgett Y Parham N Parrish
Patten Y Pelote Y 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 Y Royal E Scoggins N Shanahan Y Sherrill Y Shipp N Simpson N Sinkfleld E Skandalakis Y Skipper Y Smith.C N Smith.L N Smith,P
Smith.T Y Smith.V N Smith,W
Smyre YSnow N Stancil,F Y Stancil,S Y Stanley.L Y Stanley,? N Stephenson
Streat Taylor Teague

Y Teper N Thomas.C
Tillman Y Titus

FRIDAY, MARCH 5, 1993

Y Towery Y Trense N Turnquest
Twiggs

Y Vaughan N Walker Y Wall Y Watson

Y Watts Y Westmoreland Y White Y Williams.B

1591
Y Williams.R Y Yates N Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 90, nays 66. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Campbell of the 42nd 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 208.

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 manufacturer'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.

The following substitute, offered by Representatives Parham of the 122nd and Dover of the 9th was read and adopted:

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 certain federal manufacturer's taxes under contract to have an option to time those payments to precede immediately the other party's requirement to remit such taxes to the Internal Revenue Service; to provide a method for exercising such option; to provide for a right to security under contracts for payment of such taxes; to provide for applicability to certain contracts; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to payments under contracts, is amended by adding a new Code section immediately following Code Section 13-4-42, relating to the appropriation of payments, to be designated as Code Section 13-4-43, to read as follows:
"13-4-43. (a) The General Assembly finds that: (1) It is in the vital interest of this state to maintain a competitive and healthy
marketplace for the distribution of petroleum products as the transportation of virtually all goods and persons in this state depends upon the widespread and economical availability of these fuels;
(2) Federal taxes which have been increased by Congress represent a significant portion of the contract price for petroleum products;
(3) These taxes are levied on manufacturers and are not required to be passed through to purchasers, but inequities in bargaining power in the marketplace may cause buyers to agree to reimburse manufacturers for these taxes by contract;
(4) Manufacturers are using their greater bargaining power to require buyers to reimburse them for these taxes prior to the date that they are required to remit such taxes to the United States Internal Revenue Service;
(5) Congress has removed the right for most buyers to be able to voluntarily register as taxpayers, assume the tax liability, and remit the taxes directly to the Internal Revenue Service.

1592

JOURNAL OF THE HOUSE,

(6) The abuse of economic power by manufacturers and their retention and use of buyers' funds are further contributing to the inequities in the marketplace and lessening competition; and
(7) Use of the police powers of the state to regulate internal commerce is the only practical method to stop these harmful practices and assure the citizens a competitive marketplace with the necessary access to these products. For the reasons provided in paragraphs (1) through (7) of this subsection, the General Assembly adopts subsections (b) through (g) of this Code section. (b) When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (c) of this Code section. (c) The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time that the other party is required to remit such taxes to the United States Internal Revenue Service. (d) Should a party choose to exercise the option provided in subsections (b) and (c) of this Code section, the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole. Such party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (b) and (c) of this Code section except to require the payment of such taxes under such option to be made by electronic transfer of funds. (e) The party exercising the option set out in subsections (b) and (c) of this Code section shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later. (f) This Code section shall apply to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after July 1, 1993. Any contract in force and effect on July 1, 1993, which, by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to July 1, 1993. (g) The option set out in subsections (b) and (c) of this Code section shall not be construed to impair the obligations arising under any contract executed prior to July 1, 1993. Should the option set out in subsections (b) and (c) of this Code section be exercised, it shall not relieve such party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement must be tendered."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Bordeaux 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
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 Y Davis.G

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

FRIDAY, MARCH 5, 1993

1593

Y Floyd,J.M Floyd,J.W
Y Godbee Y Golden
Good win Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom
Hembree Y 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 E Kinnamon Y Klein YLadd Y Lakly Y Lane,D YLane,R N 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
Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall

Y Randolph YRay Y Reaves Y Reichert Y Roberts
Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield E Skandalafcis Y Skipper Y Smith.C
N 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
Streat Taylor Y Teague Y Teper Thomas.C 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, by substitute, the ayes were 154, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Smith of the 109th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Annotated, relating to open and public meetings of governmental bodies, so as to repeal the provisions relating to criminal 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 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
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 Y Carlisle

Y Carrell 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 Y Davis.G Y Davis.M
Dickinson YDix Y 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
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M
YHart Y Heard Y Hegstrom
Y Hembree Henson
N Holland Y Holmes
Howard Y Hudson

N Hughes Y Hugley
Y James Jamieson
Y Jenkins Johnson.D.H
N Johnson.E Y Johnson.G
Johnson,J Y Johnston
Jones Y Joyce YKaye E Kinnamon Y Klein YLadd Y Lakly Y Lane.D
Y Lane,R N 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 N Moore Y Mosley N Mueller Y Oliver Y O'Neal Y Orrock Y Padgett
Y Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster
Poag Y Polak

1594

JOURNAL OF THE HOUSE,

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 E Skandalakis Y Skipper Y Smith.C Y SmithJL Y Smith.P

Y Smith.T Y Smith,V N Smith.W Y Smyre Y Snow Y Stancil.F N Stancil.S Y Stanley.L Y Stanley,? Y Stephenson
Streat

Taylor Y Teague Y Teper Y Thomas.C
Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs N Vaughan

Y Walker Y Wall Y Watson Y Watts Y Weatmoreland Y White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 146, nays 9. The Bill, having received the requisite constitutional majority, was passed.

Representatives Ashe of the 46th, Ehrhart of the 36th, Ladd of the 59th and Towery of the 30th 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 Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 71. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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; to provide an effective date.

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

HR 424. By Representatives Murphy of the 18th, Lee of the 94th and Walker of the 141st
A resolution relative to adjournment.

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 889 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Godbee of the 145th District, Chairman of the Committee on Education, submitted the following report:

FRIDAY, MARCH 5, 1993

1595

Mr. Speaker:
Your Committee on Education has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 8 Do Pass, as Amended
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Pursuant to HR 424, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 8, 1993.

1596

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 8, 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 Brooks.T Buck 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 Dixon.H Dixon,S
Dobbs Dover Ehrhart
Epps Evans
Floyd,J.M Floyd,J.W Godbee Greene Groover Hammond
Harris.B
Harris.M
Heard Hegstrom
Hembree Holland

Howard Hudson Hughes Hugley James Jamieson Jenkins Johnson.D.H
Johnson,E Johnson,G Johnson,J Johns ton
Joyce Kaye Kinnamon Klein Ladd Lakly
Lane.D
Lane.R Lawson Lee Lewis
Lord
Lucas Maddox Martin McBee McKinney.B Milam Mills

Mobley.B Mobley,J Moore Mosley Mueller Oliver O'Neal Orrock Padgett Parham Parrish Pelote Perry Pinholster Poag Polak Porter Powell Purcell
Randolph
Reichert Roberts
Royal Scoggins Shanahan Sherrill
Shipp Simpson Sinkfield

Skandalakis Skipper Smith.C Smith,L Smith.P Smith.T Smith.V Smith.W Snow Stancil,F Stephenson Teague Teper TiUman Titus Towery Trense Turnquest
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 Poston of the 3rd, Hanner of the 159th, McClinton of the 68th, Streat of the 167th, Ray of the 128th, Golden of the 177th, Taylor of the 134th, Stanley of the 50th, Buckner of the 95th, Jones of the 71st, Thomas of the 100th, Henson of the 65th, Dix of the 76th, Felton of the 43rd, Randall of the 127th, Stanley of the 49th, Goodwin of the 79th, Bailey of the 93rd, Hart of the 116th, Brown of the 117th and Smyre of the 136th.
They wish to be recorded as present.

Prayer was offered by the Reverend Tony Dyer, First Christian Church, Monroe, 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 8, 1993

1597

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 1028. By Representative Carrell of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to provide new election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1029. By Representatives Hudson of the 156th, Lane of the 55th, Skipper of the 137th, Smith of the 12th, Cummings of the 27th and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to specify the load limit for school buses.
Referred to the Committee on Motor Vehicles.

HB 1030. By Representative Turnquest of the 73rd:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group accident and sickness insurance, so as to provide for rights of subrogation of insurers pursuant to group policies of accident and sickness insurance; to provide for subrogation liens.
Referred to the Committee on Industrial Relations.

HB 1031. By Representative Birdsong of the 123rd:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to change the compensation and benefits of said sheriff; to provide for minimum personnel for the office of such sheriff and provide for the compensation and benefits of such personnel.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1032. By Representative Birdsong of the 123rd:
A bill to amend an Act abolishing the prior method of compensating the Clerk of the Superior Court of Wilkinson County, known as the fee system, and providing an annual salary for such officer, so as to change the compensation, benefits, and expenses of such clerk; to provide for minimum personnel for the office of such clerk and for the compensation and benefits of such personnel.
Referred to the Committee on State Planning & Community Affairs - Local.

1598

JOURNAL OF THE HOUSE,

HB 1033. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the office of tax commissioner of Wilkinson County, so as to change the provisions relating to the compensation and benefits of such officer; to provide for minimum personnel for the office of the tax commissioner and for the compensation and benefits of such personnel.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1034. By Representatives Lawson of the 20th, Hughes of the 19th and Stephenson of the 25th:
A bill to provide that primaries and elections for the Board of Education of Hall County shall be nonpartisan.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1036. By Representative Floyd of the 138th:
A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to change the composition of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1037. By Representatives Moore of the 113th, Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the election of the members of the board of education of Columbia County, so as to provide for an increase in the compensation of such members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1038. By Representatives Bordeaux of the 151st, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to change the provisions relating to such additional supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1039. By Representative Greene of the 158th: A bill to provide a new charter for the City of Omaha.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1040. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit; to authorize Wayne County to increase such salary supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 8, 1993

1599

HB 1041. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Douglasville-Douglas County Charter Commission, so as to change the provisions relating to the referendum for the submission of the proposed county-wide government charter to the qualified voters for approval or rejection.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1042. By Representative Patten of the 176th:
A bill to amend an Act creating a board of commissioners for Lanier County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1043. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to transfer the intake and probation services of Athens-Clarke County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1044. By Representatives O'Neal of the 75th and Bunn of the 74th:
A bill to amend an Act providing a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled, so as to provide that such exemption shall apply to taxes to retire school bond indebtedness.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1045. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to change the provision relating to the compensation of the chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1046. By Representative Birdsong of the 123rd:
A bill to amend an Act designating the judge of the Probate Court of Wilkinson County to serve as the chief magistrate of the Magistrate Court of Wilkinson County, so as to change the compensation and benefits that the chief magistrate, magistrates, and clerk of that court receives for their services.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1047. By Representative Greene of the 158th:
A bill to amend an Act relating to the Magistrate Court of Randolph County, so as to provide for the election of the chief magistrate of the Magistrate Court of Randolph County on and after a certain date; to provide that the judge of the Probate Court of Randolph County shall not serve as chief magistrate on or after a certain date or the occurrence of a certain event.
Referred to the Committee on State Planning & Community Affairs - Local.

1600

JOURNAL OF THE HOUSE,

HB 1048. By Representative Greene of the 158th:
A bill to authorize the chief magistrate of Clay County to serve as deputy clerk of the Superior Court of Clay County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1049. By Representatives Floyd of the 172nd, Mosley of the 171st, Oliver of the 154th and Tillman of the 173rd:
A bill to provide a board of elections for Liberty County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1050. By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th, Mueller of the 152nd and Johnson of the 148th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1051. By Representative Pinholster of the 15th:
A bill to amend an Act providing for a new charter for the City of Nelson, so as to provide for reincorporation of the City of Nelson.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1052. By Representative Pinholster of the 15th:
A bill to amend an Act providing a new charter for the City of Jasper in the County of Pickens, so as to extend the corporate boundaries.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1053. By Representative Hembree of the 98th: A bill to provide a new charter for the City of Lithia Springs.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1054. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act authorizing the establishment of a civil service system in Paulding County, so as to change the provisions relating to the duties and functions of the civil service board of Paulding County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1055. By Representatives Lewis of the 14th and Cummings of the 27th:
A bill to amend an Act providing a new charter for the City of Euharlee, so as to change the maximum amount of fine which the mayor's court may fix as punishment for crimes against the city and for violations of its ordinances.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 8, 1993

1601

HB 1056. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to create a board of elections and registration for Bartow County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1057. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of the judge of the probate court; to increase the clerical help allowance for the judge of the probate court; to increase the clerical help allowance of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1058. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of the board of utilities commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1059. By Representatives Thomas of the 100th, Simpson of the 101st, Brooks of the 103rd, Epps of the 131st, Skipper of the 137th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Coweta Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 1060. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a director of utilities and public works; to change the provisions relating to the city administrator.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1061. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a County Manager of Catoosa County and the compensation and qualifications thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 422. By Representatives Ashe of the 46th, Trense of the 44th, Campbell of the 42nd, Burkhalter of the 41st and Skandalakis of the 45th:
A resolution urging the consideration of homestead exemption issues by the Joint Study Commission on Revenue Structure.
Referred to the Committee on Ways & Means.

1602

JOURNAL OF THE HOUSE,

HR 426. By Representatives Ashe of the 46th, Coleman of the 80th, Campbell of the 42nd and Trense of the 44th:
A resolution creating the House Interagency Collaboration for School Based Services to Youth Study Committee.
Referred to the Committee on Rules.

HR 428. By Representatives Walker of the 141st, Watson of the 139th, Floyd of the 138th and Ray of the 128th:
A resolution proposing an amendment to the Constitution so as to provide that the voters of each county in the state shall have an equal right to consent to the imposition of a local option sales tax for a special purpose for a limited period of time, without any resulting decrease in the authorized level of property taxes.
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 1067. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to require the publication of an annual report relating to certain expenditures and fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1068. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for a seven-member board of education of McDuffie County, so as to require the publication of an annual report relating to certain expenditures and fees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1069. By Representative Shanahan of the 10th:
A bill to amend an Act to provide a new charter for the City of Calhoun, so as to authorize the governing authority of the City of Calhoun to appropriate up to $5,000.00 per fiscal year to Winner's Club of Calhoun, Inc.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1070. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1071. By Representative Twiggs of the 8th: A bill to provide a new charter for the City of Hiawassee.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 8, 1993

1603

HB 1072. By Representative Ashe of the 46th:
A bill to amend an Act providing for the election of the members of the Board of Education of Fulton County, so as to change the compensation of the members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1074. 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 1076. By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish the Ellaville-Schley County Charter Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1077. 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 1078. 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 certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 436. By Representatives Benefield of the 96th and Buckner of the 95th:
A resolution urging Congress to appropriate funds for certain public parks and recreation lands in Georgia.
Referred to the Committee on Game, Fish & Parks.

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

HB 1019 HB 1020 HB 1021 HB 1022 HB 1023 HB 1025 HB 1026 HB 1027 HB 1035 HR 411 HR 417

SB 65 SB 149 SB 224 SB 245 SB 260 SB 264 SB 338 SB 353 SB 354 SR 21 SR 128

1604

JOURNAL OF THE HOUSE,

SR 156 SR 208

SR 226 SR 233

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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 346 Do Pass SR 131 Do Pass, as Amended
Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 960 Do Pass HB 961 Do Pass HB 976 Do Pass HB 978 Do Pass HB 982 Do Pass HB 984 Do Pass HB 985 Do Pass HB 987 Do Pass HB 990 Do Pass HB 991 Do Pass HB 995 Do Pass HB 996 Do Pass

HB 1001 Do Pass HB 1002 Do Pass HB 1003 Do Pass HB 1004 Do Pass HB 1010 Do Pass HB 1013 Do Pass HB 1014 Do Pass HB 1015 Do Pass HB 1016 Do Pass HB 1017 Do Pass HB 1018 Do Pass SB 111 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, MARCH 8, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:
HB 170 General Assembly; bills and resolutions; prefiling HB 193 Commerce and trade; solicitation of elderly; certain hours HB 211 Corrections; notify victim; offender's death, release, or escape

MONDAY, MARCH 8, 1993

1605

HB 269 State tax liens; release or subordination of property HB 302 Highways; reimbursement to Trans Dept for cost of repairs HB 343 Sheriffs; legal defense; provisions HB 373 Alimony; adultery or desertion of party; disqualification HB 397 Law enf officers; procedure for processing complaints HB 472 Hotel-motel tax; certain trade show facilities HB 482 Worker's compensation insurance; cancellation procedures HB 489 Court reporting; amend provisions HB 527 Workers' compensation self-ins funds; solicitation of membership HB 574 Property Owners' Association Act; enact HB 641 Nonperpetual care cemeteries; exempt from registration HB 664 Ad valorem tax; exempt blueberry plants HB 678 Unemployment comp; workers' comp; independent contract carriers HB 690 Crime victims; compensation; maximum award HB 704 Drivers' licenses; replacements; fees HB 710 Probate court judges; salaries; increase minimum HB 718 Education; enrollment counts; driver education course HB 781 Teachers Ret; eligibility; cert adult education rehires HB 810 Zoning; procedures for adopting ordinance; clarify HB 848 Personal care home; rename adult residential care home HB 920 Patient Self-referral Act of 1993; enact HB 928 Weights and measures; compressed natural gas; gallon equivalent HB 936 Sheriffs providing municipal police services; powers HB 941 Upper Savannah River Development Authority; amend provisions HB 949 Insurers; payment of dividends HB 964 Reapportionment; congressional districts 2 and 8 HB 966 Highways; Interstate Rail Passenger Network Compact; enact
HR 255 Home Inst Program for Preschool Youngsters (HIPPY); urge use HR 356 DeKalb Diversion Center; urge rename J.E. (Jimmy) Helms Div Ctr HR 398 Education Accountability and Evaluation Commission; create HR 400 Dick Lane Bridge; designate
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE.

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

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 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 104, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

1606

JOURNAL OF THE HOUSE,

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 984. By Representative Bargeron of the 120th:
A bill to amend an Act to make provisions for the Magistrate Court of Jefferson County, so as to change the compensation of the chief magistrate.

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

MONDAY, MARCH 8, 1993

1607

On the passage of the Bill, the ayes were 104, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HB 985. By Representative Crawford of the 129th: A bill to create the Pike County Arts Facility 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 104, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 991. 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 104, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

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

1608

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 104, nays 7. The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 8, 1993

1609

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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 commissioner of Brantley County, known as the fee system, and providing in lieu thereof annual compensation for such officers, so as to provide for the compensation of the sheriff of Brantley County and the chief magistrate of the Magistrate Court of Brantley 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 104, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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 compensation 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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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 authority from seven to nine.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

1610

JOURNAL OF THE HOUSE,

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 Commissioners of Dooly County shall be 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 104, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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 Education of Dooly County, so as to provide new education districts for the election of members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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 certification 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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 8, 1993

1611

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.

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, all Bills and Resolutions 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 362. By Senator Madden of the 47th:
A bill to amend an Act creating a new Board of Commissioners of Franklin County so as to change the provisions relating to the compensation of the chairman of the board of commissioners; to provide an effective date.

SB 363. By Senator Madden of the 47th:
A bill to amend an Act placing the judge of the Probate Court of Franklin County on an annual salary so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date.

SB 364. By Senator Madden of the 47th:
A bill to amend an Act placing the clerk of the Superior Court of Franklin County on an annual salary so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date.

SB 365. By Senator Madden of the 47th:
A bill to amend an Act placing the tax commissioner of Franklin County on an annual salary so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.

SB 366. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to transfer the intake and probation services of the Juvenile Court of Richmond County, Georgia, to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services; to provide for a transfer of employees; to provide for a contingent applicability date; to provide an effective date.

1612

JOURNAL 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.

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 education districts.

HB 888. By Representative Smith of the 109th: A bill to provide a new charter for the City of Flovilla.

HB 910. By Representative Godbee of the 145th:
A bill to create and establish the Metter-Candler County Charter Commission.

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.

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.

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.

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.

SB 175. By Senators Clay of the 37th and Edge of the 28th:
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 or any other person who discloses information about another person's job performance under certain circumstances.

SB 193. By Senator Henson of the 55th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and responsibilities of the Department of Public Safety, boards of education of independent and county school systems, and the chief registrar of each county with respect to jury lists.

MONDAY, MARCH 8, 1993

1613

SB 203. By Senators Henson of the 55th, Robinson of the 16th, Garner of the 30th 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.

SB 269. By Senators Blitch of the 7th and Oliver of the 42nd:
A bill to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties.

SB 279. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Annotated, relating to training for police chiefs and department heads appointed after a certain date, so as to increase the training requirements for police chiefs and department heads appointed after December 31, 1992, to 60 hours of law enforcement chief executive training; to provide an effective date.

SB 231. By Senator Cheeks of the 23rd:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously.

SB 282. By Senator Garner of the 30th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum annual salaries of tax commissioners and tax collectors, so as to change the amount of such salaries; to provide an effective date.

SB 287. By Senator Coleman of the 1st:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards.

SB 315. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create the office of senior magistrate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the composition of the Council of Magistrate Court Judges; to provide for compensation for senior magistrates.

1614

JOURNAL OF THE HOUSE,

SB 335. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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 budgetary processes, so as to change provisions relating to state budgetary processes; to define certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fiscal legislation, so as to change provisions relating to fiscal notes.

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

SR 158. By Senator Thompson of the 33rd: A resolution designating the Lucius D. Clay Memorial Parkway.

SR 206. By Senators Thompson of the 33rd, Garner of the 30th and Hooks of the 14th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of enterprise zones for certain tax treatment purposes; to provide for the submission of this amendment for ratification or rejection.

SR 211. By Senators Henson of the 55th and Parrish of the 43rd:
A resolution urging the Department of Transportation to establish a commuter efficiency program for state employees.

SR 250. By Senator Perdue of the 18th:
A resolution creating the Houston County Efficiency in Governmental Services Commission.

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 Senate has agreed to the House substitute to the following Resolution of the Senate:

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

MONDAY, MARCH 8, 1993

1615

HR 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk Memorial Bridge.

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

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.

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.

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

SR 228. By Senators Huggins of the 53rd and Farrow of the 54th: A resolution designating the General Ron Griffith Highway.

SR 230. By Senator Brown of the 26th: A resolution designating a certain bridge as the Walter L. Hardin Bridge.

SR 231. By Senator Brown of the 26th: A resolution designating a certain crosswalk as the Bobby Jones Crosswalk.

SR 232. By Senators Taylor of the 12th, Ragan of the llth and Turner of the 8th: A resolution designating the Chattahoochee Valley Trail Scenic Highway.

SR 234. By Senator Robinson of the 16th:
A resolution designating the Medal of Honor Highway for Freeman V. Horner.

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

SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide that after a conservation ranger has accumulated 25 years of service with the Department of Natural Resources as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon.

1616

JOURNAL OF THE HOUSE,

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

SR 180. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; to provide an effective date.

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

SB 317. By Senators Newbill of the 56th and Starr of the 44th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a permit; to provide that permits are nontransferable; to provide for grounds for revocation or suspension of a permit.

SB 328. By Senators Coleman of the 1st, Thompson of the 33rd and Taylor of the 12th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to change the name of the State Tollway Authority to the Georgia Transportation Authority; to change the provisions relating to the authority; to include rail passenger facilities among the projects authorized; to provide for powers and duties; to provide for an effective date.

SB 373. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act creating the Board of Tax Assessors for Richmond County, as amended, so as to change provisions relating to the membership of the board; to provide for districts from which members of the board shall be appointed; to provide for continued service of sitting members.

SB 374. By Senator Baugh of the 25th:
A bill to reconstitute the Board of Education of Hancock 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.

SB 375. By Senator Baugh of the 25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to reconstitute the Board of County Commissioners of Hancock 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.

MONDAY, MARCH 8, 1993

1617

SB 226. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide a short title; to provide for intent; to authorize the Commissioner of Insurance to develop a Georgia Reform Insurance Plan (GRIP); to provide for features of such plan; to provide for definitions; to provide requirements for health insurance policies; to provide for the calculation of premium rates.

The Senate insists on its amendment to the following Bill of the House:

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

SB 355. By Senators Broun of the 46th and Turner of the 8th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institutions shall be delivered to the Department of Banking and Finance rather than the Secretary of State.

SB 256. By Senator Henson of the 55th:
A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language.

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state principals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to principals located in this state.

SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.

SB 163. By Senator Ragan of the 32nd:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests.

1618

JOURNAL OF THE HOUSE,

SB 114. By Senator Langford of the 35th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relating to bingo games, so as to change provisions relating to the maximum amount of prizes awarded.

SB 304. By Senators Garner of the 30th, Henson of the 55th and Hemmer of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to change the membership of the Georgia Sports Hall of Fame Board; to provide for related matters; to provide an effective date.

SB 307. By Senators Marable of the 52nd, Hemmer of the 49th and Hill of the 4th:
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.

SB 273. By Senators Pollard of the 24th and Ray of the 19th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that no municipal inmate shall be deemed to be an employee for purposes of obtaining workers' compensation benefits; to provide an effective date.

SB 296. By Senators Balfour of the 9th, Isakson of the 21st, Starr of the 44th and others:
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; to provide for forms of appeals; to provide a time limitation for responses to appeals; to provide for open hearings.

SB 312. By Senators Henson of the 55th, Thomas of the 10th and Parrish of the 43rd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a clinical nurse specialist in psychiatric/mental health to perform certain acts which physicians, psychologists, and clinical social workers are authorized to perform regarding persons who are mentally ill or alcoholic or drug dependent individuals; to define a term.

SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.

MONDAY, MARCH 8, 1993

1619

SB 209. By Senators Taylor of the 12th, Bowen of the 13th and Ragan of the llth:
A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, 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; to provide a penalty.

SB 339. By Senators Robinson of the 16th, Henson of the 55th, Pollard of the 24th and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Administration, so as to provide for the reclassification of certain employees employed by the Commissioner of Insurance; to provide an effective date.

SB 326. By Senators Hill of the 4th, Marable of the 52nd, Perdue of the 18th 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; to provide for definitions; to provide for conditions of coverage; to provide for enforcement; to provide for applicability.

SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to evaluation of schools, so as to change the standards for designation as "high-achieving schools".

SB 343. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition; to require permits from the Department of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for orders; to remove shelters in violation.

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

SB 71. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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; to provide an effective date.
Referred to the Committee on Rules.

SB 114. By Senator Langford of the 35th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations relating to bingo games, so as to change provisions relating to the maximum amount of prizes awarded.
Referred to the Committee on Industry.

1620

JOURNAL OF THE HOUSE,

SB 163. By Senator Ragan of the 32nd:
A bill to amend Code Section 40-5-67,1 of the Official Code of Georgia Annotated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests.
Referred to the Committee on Judiciary.

SB 175. By Senators Clay of the 37th and Edge of the 28th:
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 or any other person who discloses information about another person's job performance under certain circumstances.
Referred to the Committee on Judiciary.

SB 193. By Senator Henson of the 55th:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and responsibilities of the Department of Public Safety, boards of education of independent and county school systems, and the chief registrar of each county with respect to jury lists.
Referred to the Committee on Judiciary.

SB 203. By Senators Henson of the 55th, Robinson of the 16th, Garner of the 30th 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.

SB 209. By Senators Taylor of the 12th, Bowen of the 13th and Ragan of the llth:
A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, 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; to provide a penalty.
Referred to the Committee on Ways & Means.

MONDAY, MARCH 8, 1993

1621

SB 226. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide a short title; to provide for intent; to authorize the Commissioner of Insurance to develop a Georgia Reform Insurance Plan (GRIP); to provide for features of such plan; to provide for definitions; to provide requirements for health insurance policies; to provide for the calculation of premium rates.
Referred to the Committee on Insurance.

SB 231. By Senator Cheeks of the 23rd:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously.
Referred to the Committee on Industry.

SB 256. By Senator Henson of the 55th:
A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language.
Referred to the Committee on Special Judiciary.

SB 269. By Senators Blitch of the 7th and Oliver of the 42nd:
A bill to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties.
Referred to the Committee on Judiciary.

SB 273. By Senators Pollard of the 24th and Ray of the 19th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that no municipal inmate shall be deemed to be an employee for purposes of obtaining workers' compensation benefits; to provide an effective date.
Referred to the Committee on Industrial Relations.

SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

1622

JOURNAL OF THE HOUSE,

SB 279. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Annotated, relating to training for police chiefs and department heads appointed after a certain date, so as to increase the training requirements for police chiefs and department heads appointed after December 31, 1992, to 60 hours of law enforcement chief executive training; to provide an effective date.
Referred to the Committee on Public Safety.

SB 282. By Senator Garner of the 30th:
A bill to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum annual salaries of tax commissioners and tax collectors, so as to change the amount of such salaries; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 287. By Senator Coleman of the 1st:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective and private security businesses, so as to provide arrest powers for certain private security guards.
Referred to the Committee on Industry.

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state principals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to principals located in this state.
Referred to the Committee on Judiciary.

SB 296. By Senators Balfour of the 9th, Isakson of the 21st, Starr of the 44th and others:
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; to provide for forms of appeals; to provide a time limitation for responses to appeals; to provide for open hearings.
Referred to the Committee on Ways & Means.

SB 304. By Senators Garner of the 30th, Henson of the 55th and Hemmer of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to change the membership of the Georgia Sports Hall of Fame Board; to provide for related matters; to provide an effective date.
Referred to the Committee on University System of Georgia.

MONDAY, MARCH 8, 1993

1623

SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide that after a conservation ranger has accumulated 25 years of service with the Department of Natural Resources as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon.
Referred to the Committee on Game, Fish & Parks.

SB 307. By Senators Marable of the 52nd, Hemmer of the 49th and Hill of the 4th:
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.

SB 312. By Senators Henson of the 55th, Thomas of the 10th and Parrish of the 43rd:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize a clinical nurse specialist in psychiatric/mental health to perform certain acts which physicians, psychologists, and clinical social workers are authorized to perform regarding persons who are mentally ill or alcoholic or drug dependent individuals; to define a term.
Referred to the Committee on Health & Ecology.

SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

SB 315. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to create the office of senior magistrate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the composition of the Council of Magistrate Court Judges; to provide for compensation for senior magistrates.
Referred to the Committee on Judiciary.

SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to evaluation of schools, so as to change the standards for designation as "high-achieving schools".
Referred to the Committee on Education.

1624

JOURNAL OP THE HOUSE,

SB 317. By Senators Newbill of the 56th and Starr of the 44th:
A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a permit; to provide that permits are nontransferable; to provide for grounds for revocation or suspension of a permit.
Referred to the Committee on Industry.

SB 326. By Senators Hill of the 4th, Marable of the 52nd, Perdue of the 18th 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; to provide for definitions; to provide for conditions of coverage; to provide for enforcement; to provide for applicability.
Referred to the Committee on Health & Ecology.

SB 328. By Senators Coleman of the 1st, Thompson of the 33rd and Taylor of the 12th:
A bill to amend Title 32 of the Official Code of Georgia Annotated, known as the "Georgia Code of Public Transportation," so as to change the name of the State Tollway Authority to the Georgia Transportation Authority; to change the provisions relating to the authority; to include rail passenger facilities among the projects authorized; to provide for powers and duties; to provide for an effective date.
Referred to the Committee on Transportation.

SB 335. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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 budgetary processes, so as to change provisions relating to state budgetary processes; to define certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fiscal legislation, so as to change provisions relating to fiscal notes.
Referred to the Committee on Appropriations.

SB 339. By Senators Robinson of the 16th, Henson of the 55th, Pollard of the 24th and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Administration, so as to provide for the reclassification of certain employees employed by the Commissioner of Insurance; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, MARCH 8, 1993

1625

SB 343. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition; to require permits from the Department of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for orders; to remove shelters in violation.
Referred to the Committee on Transportation.

SB 355. By Senators Broun of the 46th and Turner of the 8th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institutions shall be delivered to the Department of Banking and Finance rather than the Secretary of State.
Referred to the Committee on Banks & Banking.

SB 362. By Senator Madden of the 47th:
A bill to amend an Act creating a new Board of Commissioners of Franklin County so as to change the provisions relating to the compensation of the chairman of the board of commissioners; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 363. By Senator Madden of the 47th:
A bill to amend an Act placing the judge of the Probate Court of Franklin County on an annual salary 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 364. By Senator Madden of the 47th:
A bill to amend an Act placing the clerk of the Superior Court of Franklin County on an annual salary so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 365. By Senator Madden of the 47th:
A bill to amend an Act placing the tax commissioner of Franklin County on an annual salary so as to change the provisions relating to the compensation of the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 366. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to transfer the intake and probation services of the Juvenile Court of Richmond County, Georgia, to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services; to provide for a transfer of employees; to provide for a contingent applicability date; to provide an effective date.
Referred to the Committee on Appropriations.

1626

JOURNAL OF THE HOUSE,

SB 373. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act creating the Board of Tax Assessors for Richmond County, as amended, so as to change provisions relating to the membership of the board; to provide for districts from which members of the board shall be appointed; to provide for continued service of sitting members.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 374. By Senator Baugh of the 25th:
A bill to reconstitute the Board of Education of Hancock 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.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 375. By Senator Baugh of the 25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to reconstitute the Board of County Commissioners of Hancock 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.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 158. By Senator Thompson of the 33rd: A resolution designating the Lucius D. Clay Memorial Parkway.
Referred to the Committee on Transportation.

SR 180. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 206. By Senators Thompson of the 33rd, Garner of the 30th and Hooks of the 14th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the creation of enterprise zones for certain tax treatment purposes; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

SR 211. By Senators Henson of the 55th and Parrish of the 43rd:
A resolution urging the Department of Transportation to establish a commuter efficiency program for state employees.
Referred to the Committee on Transportation.

MONDAY, MARCH 8, 1993

1627

SR 228. By Senators Huggins of the 53rd and Farrow of the 54th: A resolution designating the General Ron Griffith Highway.
Referred to the Committee on Transportation.

SR 230. By Senator Brown of the 26th: A resolution designating a certain bridge as the Walter L. Hardin Bridge.
Referred to the Committee on Transportation.

SR 231. By Senator Brown of the 26th: A resolution designating a certain crosswalk as the Bobby Jones Crosswalk.
Referred to the Committee on Transportation.

SR 232. By Senators Taylor of the 12th, Ragan of the llth and Turner of the 8th: A resolution designating the Chattahoochee Valley Trail Scenic Highway.
Referred to the Committee on Transportation.

SR 234. By Senator Robinson of the 16th:
A resolution designating the Medal of Honor Highway for Freeman V. Horner.
Referred to the Committee on Transportation.

SR 250. By Senator Perdue of the 18th:
A resolution creating the Houston County Efficiency in Governmental Services Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Campbell of the 42nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

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

Y Ashe Y Atkins
Bailey Baker Y Bannister Y Barfoot Bargeron Y Barnes

Bates N 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

N Carlisle Y Carrell Y Carter Y Cauthorn
Chambless N Chandler Y Channel! Y Childers

Y Clark Y Coker Y Coleman,B
Coleman.T Colwell N Connell YCox Y Crawford

1628

JOURNAL OF THE HOUSE,

Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson
Dix Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Ehrhart N Epps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W YGodbee
Golden Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris,M
Hart N Heard

Y Hegstrom Y Hembree
Henson N Holland Y Holmes Y Howard N Hudson N Hughes Y Hugley N 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 Y Lane.D
Lane.R Y Lawrence Y Lawson

NLee N Lewis YLord Y Lucas Y Maddox E Mann Y Martin N McBee
McClinton Y McKinney.B
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 N Parrish N Patten Y Pelote Y Perry Y Pinholster
Poag

On the motion, the ayes were 119, nays 23. The motion prevailed.

Y Polak Porter Poston
N Powell Y Purcell
Randall Y Randolph
Ray N Reaves Y Reichert N Roberts Y Royal N Scoggins N Shanahan Y Sherrill Y Shipp N 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 E Stancil.S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper
Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Vaughan Y Walker YWall N Watson
NWatta Y Westmoreland
Y White Y Williarns.B Y Williams,R Y Yates
Yeargin Murphy,Spkr

Representatives Felton of the 43rd 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.

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 "nay" thereon.

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

HB 964. By Representative Smith of the 169th:
A bill to amend Code Section 21-2-4 of the Official Code of Georgia Annotated, relating to designation of congressional districts, so as to change the composition of certain congressional 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 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
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 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
Dixon.H

Y Dixon,S Y Dobbs Y Dover Y Ehrhart
YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden
Goodwin

MONDAY, MARCH 8, 1993

1629

Y Greene Groover
Y Hammond Manner
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 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 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 YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall
Y Randolph YRey

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
E Stancil.S Y Stanley.L Y Stanley,?

Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas,C Y Tillman Y Titus
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 YYates 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.

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 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.

The following Committee substitute was read and adopted:

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; to provide for policy and intent; to provide for a joint rail passenger network financial and economic impact study; to provide for creation of the interstate rail passenger advisory council; to provide for membership, powers, and duties; to provide for construction; to provide for severability; 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 32 of the Official Code of Georgia Annotated, relating to highways, is amended by adding a new Chapter 11 to read as follows:
"CHAPTER 11
32-11-1. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substantially as this chapter.
32-11-2. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passenger system would provide a beneficial service and would be enhanced if operated across state lines.

1630

JOURNAL OF THE HOUSE,

32-11-3. (a) The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter as 'participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following:
(1) Carry forward research previously performed by the national railroad passenger corporation (Amtrak) (report issued December 1990) and the Evansville Amtrak task force (report issued November 1990) for purposes of evaluating a representative service schedule, train running times, and associated costs.
(2) Include consideration of the following: (A) The purchase of railroad equipment by a participating state and the lease
of the railroad equipment to Amtrak. (B) The recommendation that a member of the council serve on the Amtrak
board of directors. (C) The periodic review of projected passenger traffic estimates on the western
route. (D) Any other matter related to the financial and economic impact of a rail pas-
senger network along the western route. (b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a participating state or the compact may be made available to the state or firm. However, the information may not include matters not of public record or of a nature considered to be privileged and confidential unless the state providing the information agrees to waive the confidentiality. 32-11-4. The participating states agree to do the following:
(1) Make available to each other and to a consulting firm representing a participating state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services.
(2) Provide financial assistance for the implementation of the feasibility study that is available. 32-11-5. The interstate rail passenger advisory council (referred to in this compact as the 'council') is created. The membership of the council consists of three individuals from each participating state. The Governor, President Pro Tempore of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council. 32-11-6. The council shall do the following:
(1) Meet within 30 days after ratification of this agreement by at least two participating states.
(2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members.
(3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3.
(4) Contract with persons, including institutions of higher education, for performance of any part of the study under Code Section 32-11-3.
(5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restoration of the interstate rail passenger system.
(6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter.
32-11-7. This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for another participating state upon the enactment of the compact by the state.
32-11-8. This compact continues in force with respect to a participating state and remains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter. The withdrawal may not be construed to relieve a participating state from an obligation incurred before the end of the state's participation in the compact.
32-11-9. (a) This compact shall be liberally construed to effectuate the compact's purposes.

MONDAY, MARCH 8, 1993

1631

(b) The provisions of this compact are severable. If: (1) A phrase, clause, sentence, or provision of this compact is declared to be con-
trary to the Constitution of a participating state or of the United States; or (2) The applicability of this compact to a government, an agency, a person, or a
circumstance is held invalid, the validity of the remainder of this compact and the compact's applicability to any government, agency, person, or circumstance is not affected.
(c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe 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 Y Bunn 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 Y 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
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 Y Johnson,D.H Y Johnson,E
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
Lee 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 Y Patten Y Pelote
Perry Y Pinholster YPoag
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 Smyre
YSnow Y Stancil.F E 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 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, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Bailey of the 93rd, 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.

1632

JOURNAL OF THE HOUSE,

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.

Representative Carrell of the 87th moved that HB 848 be postponed until 3:00 o'clock this afternoon.

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

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

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

N Holmes N Howard Y Hudson Y Hughes N Hugley N James
Jamieson Y Jenkins
JohnsonJD.H
N Johnson,E N Johnson.G
Y Johnson,J Y Johnston N Jones N Joyce YKaye Y Kinnamon Y Klein YLadd YLakly
Lane.D Lane.R N Lawrence Y Lawson NLee Y Lewis NLord N Lucas Y Maddox E Mann N Martin Y McBee N McClinton Y McKinney.B Y Milam N Mills

On the motion, the ayes were 85, nays 69. The motion prevailed.

N Mobley.B Y Mobley,J N Moore N Mosley N Mueller Y Oliver N O'Neal Y Orrock Y Padgett
Parham Parrish N Patten Y Pelote Y Perry Y Pinholster NPoag Y Polak N Porter Y Poston Y Powell Y Purcell N Randall N Randolph
YRay Y Reaves Y Reichert N Roberts Y Royal
N Scoggins Y Shanahan N SherriU Y Shipp Y Simpson
Sinkfield N Skandalakis Y Skipper

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

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 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.

MONDAY, MARCH 8, 1993

1633

The following Committee substitute was read:

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 in those counties where a resolution has been adopted 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, constitutional, common law, or statutory rights; to provide that the fees of such legal counsel shall be paid by the county governing authority of the county in which the sheriff is elected; to provide for resolution of fee disputes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs in general, is amended by adding immediately following Code Section 15-16-10 a new Code section to read as follows:
"15-16-10.1. In any county in which the governing authority has adopted a resolution adopting policies as provided in Code Section 45-9-21, a sheriff of this state shall be authorized to hire an independent 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, constitutional, common law, or statutory rights. The county governing authority of the county in which the sheriff is elected shall pay the reasonable fees of such counsel from county funds as authorized by such Code section; provided, however, in the event of a dispute with respect to the amount, such fees shall be set by the chief judge of the superior court of the circuit in which such county is located."
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 343 by striking the word "shall" on line 24 of page 1 and inserting after the word "state" the following:
'may, by order of the superior court,'
and, by inserting on line 4 of page 2 after the word "rights" the following:
'when the court determines there is a conflict of interest between the sheriff and the county governing authority'
and, by inserting on line 10 of page 2 after the word "located" the following:
'which shall be no more than the rate paid to the county attorney for similar representation. The provisions of this Code section shall not apply unless the county governing authority has first denied a request by the sheriff for independent legal counsel'.

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:

1634

JOURNAL OF THE HOUSE,

Y Ashe N Atkins Y Bailey Y Baker Y Bannister Y Barfoot N 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 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 YDix Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd.J.M
Floyd,J.W N 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
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
N Maddox
E Mann Y Martin
Y McBee N McClinton Y McKinney.B
Milam
Y Mills

N Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
N O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry N 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 N 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
Y Smyre YSnow Y Stancil.F E Stancil,S Y Stanley.L Y Stanley,? N Stephenson Y Streat Y Taylor
Teague Teper Y Thomas.C Y Tillman
Y Titus Y Towery
Y Trense N Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams,B N Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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

The following Resolution of the House was read and referred to the Committee on Rules:

HR 427. 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 to provide for the nomination and election of the state auditor.

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

HB 936. By Representative Barnes of the 33rd:
A bill to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to the authorization for the sheriff to contract with municipalities 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.

MONDAY, MARCH 8, 1993

1635

The following substitute, offered by Representative Barnes of the 33rd was read and adopted:

A BILL
To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the provisions relating to the duties of sheriffs; to provide that sheriffs shall have the same duties, powers, and arrest authority within municipalities which such officers have in unincorporated areas of counties; to provide that the duties, powers, and arrest authority of sheriffs shall not be limited, impaired, or affected in any way upon a sheriff and a municipality entering into a contract for the sheriff to provide additional duties or services to a municipality; to change the provisions relating to the authorization for the sheriff to contract with municipalities to provide law enforcement services; to provide that nothing in this Act shall be construed so as to limit, affect, diminish, or impair the rights, powers, or duties of any county or municipal police department as set forth in Code Section 36-8-5 or any other law creating or authorizing the creation of a municipal police department; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking in their entirety paragraphs (7) and (8) at the end of subsection (a) of Code Section 15-16-10, relating to duties of sheriffs and penalties, and inserting in lieu thereof the following:
"(1) To receive from the preceding sheriff all unexecuted writs and processes and proceed to execute the same; to carry into effect any levy or arrest made by a predecessor; to put purchasers into possession, and to make titles to purchasers at his or her predecessor's sales, when not done by his or her predecessor; anel
(8) To perform such other duties as are or may be imposed by law or which necessarily appertain to his or her office; and -.
(9) To exercise the same duties, powers, and arrest authority within municipalities which such officer exercises in the unincorporated areas of counties."
Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-16-13, relating to authorization for the sheriff to contract with municipalities to provide law enforcement services, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any contract authorized by this Code section shall not affect, impair, or limit the authority or powers of the municipal corporation or of the sheriff except as otherwise specified in the contract. Sheriffs shall have the same duties, powers, and arrest authority within municipalities which such officers have in unincorporated areas of counties. The duties, powers, and arrest authority of sheriffs shall not be limited, impaired, or affected in any way upon a sheriff and a municipality entering into a contract for the sheriff to provide additional duties or services to a municipality. Nothing in this Code section shall be construed so as to limit, affect, diminish, or impair the rights, powers, or duties of any county or municipal police department as set forth in Code Section 36-8-5 or any law creating or authorizing the creation of a municipal police department."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

1636

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 N 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 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 Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
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
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 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 Y Patten Y Pelote Y Perry Y Pinholster YPoag Y 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 Y Sinkfield Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith,V Y Smith.W Y Srayre YSnow Y Stancil,F E 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 YWall 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 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 781. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia and related matters, so as to provide that employees of the Department of Technical and Adult Education who retire and who are subsequently rehired by such department may not then elect to become members of a retirement system other than the system under which they initially retired.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain members of the boards of trustees of certain retirement systems shall be entitled to receive a certain per diem allowance; to provide that certain persons who retire under the one retirement system and are subsequently rehired by the same employer shall be required to remain under such retirement system; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 8, 1993

1637

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (d) of Code Section 47-2-21, relating to the powers and duties of the board of trustees of the Employees' Retirement System of Georgia, which reads as follows:
"(d) The trustees in state employment shall serve without compensation but shall be reimbursed from the expense fund for all necessary expenses that they may incur in the performance of their duties. The board of trustees shall establish an expense allowance payable monthly from the same fund to those trustees not in state employment.", and inserting in lieu thereof the following:
"(d) The trustees may receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees and any committee meetings called pursuant to authorization of the board of trustees and for time spent in necessary travel. In addition to such amount, the trustees shall be reimbursed for all actual travel and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall not receive the daily expense allowance but shall be entitled to reimbursement of actual expenses."
Section 2. Said title is further amended by striking in its entirety subsection (c) of Code Section 47-3-21, relating to the creation of and membership on the board of trustees of the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"(c) The trustees shall each receive the stan ef- $40.00 per diem daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees, any committee meetings called pursuant to authorization of the board of trustees, and for time spent in necessary travel. In addition to such per diem, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall receive no per diem but shall only be entitled to reimbursement of actual expenses."
Section 3. Said title is further amended by inserting at the end of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, the following:
"(m) Any other provision of law to the contrary notwithstanding, any person who is entitled pursuant to the provisions of this article to make an election between membership in this retirement system and membership in any other retirement system and who subsequently retires and is rehired by the same employer which employed him or her immediately prior to retirement shall continue membership in the retirement system under which he or she initially retired and shall not be entitled to elect membership in any other retirement system."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

YAshe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron YBarnes
Bates Y Benefield
Birdsong

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 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

Y Dovis.M Y Dickinson Y Dix Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans
Y Felton

1638

JOURNAL OF THE HOUSE,

Y Floyd,J.M FloydJ.W
YGodbee Y Golden
Goodwin Y Greene Y Groover YHammond Y Manner Y Harris.B YHarris.M Y Hart Y Heard Y Hegatrom Y Hembree
Henson Y Holland
Y Holmes Y Howard
Hudson Y Hughes Y Hugley Y James Y Jamieson YJenkins

Y Johnson.D.H Y Johnson.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
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
Oliver Y O'Neal Y Orrock
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 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
Snow Y Stancil,F E Stancil.S Y Stanley,L

Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C
Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker
Y Wall Y Watoon
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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal 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 taxes collected from such levies for supporting a facility owned or operated by a local government or authority for convention or trade show or similar purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 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, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph to read as follows:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would

MONDAY, MARCH 8, 1993

1639

be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; or (E) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded on or after February 28, 1985, in whole or in part by a special county 1^ percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended: or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner."
Section 2. Said Code section is further amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 Vi percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; er (E) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded on or after February 28, 1985, in whole or in part by a special county 1_ percent sales and use tax authorized bjr Article 3 of Chapter 8 of Title 48, as amended; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B)

1640

JOURNAL OF THE HOUSE,

a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; or (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein. Amounts so expended to meet such 16 % percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities."
Section 3. Said Code section is further amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality is authorized to levy a tax under this Code section at a rate of 7 percent. A county or municipality levying a tax pursuant to this paragraph shall expend an amount equal to at least 51.4 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; er (E) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded on or after February 28, 1985. in whole or in part by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended: or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, except that amounts expended for those purposes specified in subparagraphs (C) and (D) of this paragraph may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (5) shall further expend (in each fiscal year during which the tax is collected under this paragraph (5)) an amount equal to 14.3 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2017, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph (5), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that

MONDAY, MARCH 8, 1993

1641

will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by an authority of the state, shall constitute a contract with the holder of such obligations."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
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 Y Barfoot
Bargeron 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 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 YCo* Y Crawford Y Crews Y Culbreth Y Cummings Y Davis,G Y Davis,M Y Dickinson YDk Y DUon.H
Y Dixon,S Y Dobbs Y Dover
Y Ehrhart YKpps 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
Henson Y Holland

Y Holmes N Howard
Y Hudson Y Hughes Y Hugley Y James
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 N Klein YLadd Y Lakly Y Lane,D YLane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Y Maddoi 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 YOrrock
Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter YPoston
Powell Y Purcell YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins YShanahan 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
YSmyre Snow
Y Stancil,F E Stancil.S Y Stanley,L Y Stanley,?
Y Stephenson YStreat Y Taylor
Teague YTeper
Thomas,C Y Tillman Y Titus Y Towery Y Trense
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

On the passage of the Bill, by substitute, the ayes were 154, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Barnes of the 33rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Johnson of the 153rd and Klein of the 39th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Padgett of the 119th, Powell of the 23rd 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.

1642

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read:

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; 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 32-6-1 of the Official Code of Georgia Annotated, relating to obstructing, encroaching on, or injuring public roads, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows:
"32-6-1. It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public roadj and any person who obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the public road system. However, nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-52 or limit the Department of Transportation's ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Groover of the 125th and Cauthorn of the 35th move to amend the Committee substitute to HB 302 as follows:
Add after "who" on line 17 page 1 "unlawfully".

The following amendment was read:

Representative Coleman of the 142nd moves to amend the Committee substitute to HB 302 by inserting on line 6 of page 1 after the word and symbol "roads;" the following:

MONDAY, MARCH 8, 1993

1643

"to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to the weight of a vehicle and load, so as to change the allowable methods for complying with the weight requirements;".
By inserting between lines 12 and 13 of page 2 the following:
"Section 1.5. Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to the weight of a vehicle and load, is amended by striking paragraph (1) of subsection (i) in its entirety and inserting in lieu thereof the following:
'(1) Any vehicle which can be made to comply with the requirements of this Code section by shifting the lead and- which is- then loaded te comply with this- Code ocction either by manual repositioning of the load or by horizontally repositioning an adjustable tandem axle shall not be held to be in violation of this Code section.'"

The following amendment was read:

Representative Dobbs of the 92nd moves to amend the Coleman amendment to HB 302 by striking on Page 1 line 22 the word "not".

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

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

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

Y Holmes
Y Howard N Hudson N Hughes N Hugley N James Y Jamieson N 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 N Lane.R Y Lawrence N Lawson YLee Y Lewis
NLord N Lucas Y Maddox E Mann Y Martin
Y McBee N McClinton
McKinney,B Y Milam N Mills

Mobley.B Y Mobley.J Y Moore Y Mosley
Mueller
N Oliver Y O'Neal
Orrock N Padgett
N Parham N Parrish Y Patten Y Pelote N Perry Y Pinholster YPoag N Polak N Porter Y Poston N Powell N Purcell
Randall
Y Randolph NRay N Reaves N Reichert
Roberts N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfleld Y Skandalakis N Skipper

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

On the adoption of the amendment to the Coleman amendment, the ayes were 100, nays 58.
The amendment was adopted.

The Coleman amendment, as amended, was lost.

1644

JOURNAL OF THE HOUSE,

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
Bargeron YBarnes
Bates Y Benefleld 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 Cohvell 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 YDobbs Y Dover
Y Ehrhart YEpps Y Evans Y Felton
Y Floyd,J.M Y Floyd,J.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 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 YLawson
YLee Y Lewis
YLord Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B Y Milam Y Mills

Mobley.B
Y MobleyJ 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 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
Smyre YSnow
Y Stancil,F E Standl.S Y Stanley,L
Y Stanley,P Y Stephenson Y Streat Y Taylor YTeague
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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

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

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

MONDAY, MARCH 8, 1993

1645

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 Y Ehrhart YEppa Y Evans Y Felton Y FIoyd,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 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
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 Y Patten Y Pelote
Y Perry

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 Stancil.F
E 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
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, the ayes were 172, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

1646

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
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 Resolu-
tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 411 Do Pass Respectfully submitted,
/s/ Benefield of the 96th Chairman
The following Resolutions of the House were read and adopted.
HR 429. By Representatives Atkins of the 29th, Vaughan of the 34th, Towery of the 30th, Klein of the 39th, Coker of the 31st and others: A resolution commending and recognizing the efforts of Cobb County and the Cobb County Amateur Athletic Commission.
HR 430. By Representatives Atkins of the 29th and Coker of the 31st: A resolution welcoming Rose Briglevich, M.D.
HR 431. By Representatives Ehrhart of the 36th and Vaughan of the 34th: A resolution recognizing the McEachern High School wrestling team.
HR 432. By Representative Hughes of the 19th: A resolution commending the North Hall High School Wrestling Team.
HR 435. By Representatives Teague of the 58th, Henson of the 65th, Baker of the 70th, Sherrill of the 62nd and McKinney of the 51st: A resolution recognizing and commending the Reverend and Sister C. D. Gearing, Jr.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.

MONDAY, MARCH 8, 1993

1647

The following Senate substitute was read:

A BILL
To amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, so as to provide for appointment and terms of office of new members and their successors; to provide for powers of the vice chairman; to provide for a quorum; to provide for certain reports; to provide for the selection, compensation, and regulation of a general manager; to provide for term limitations; to provide for rules and regulations; to authorize a minority business enterprise participation plan; to provide for compliance notification with respect thereto; to prohibit elected officials from doing business with the Authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, is amended by striking subsection (a) of Section 2 and inserting in its place a new subsection (a) to read as follows:
"(a) There is created a body corporate and politic to be known as the AugustaRichmond County Coliseum Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of 12 members to be appointed as follows:
(1) The board of commissioners of Richmond County shall appoint four members. Two members shall be appointed for initial terms of two years and subsequent terms of three years. Two members shall be appointed for initial terms of four years and subsequent terms of three years;
(2) The governing authority of the City of Augusta shall appoint four members. Two members shall be appointed for initial terms of two years and subsequent terms of three years. Two members shall be appointed for initial terms of four years and subsequent terms of three years; and
(3) The members of the General Assembly representing all or a portion of Richmond County shall appoint four members. Two members shall be appointed for initial terms of two years and subsequent terms of three years. Two members shall be appointed for initial terms of four years and subsequent terms of three years. The initial members shall be appointed for terms of office as specified in paragraphs (1), (2), and (3) of this subsection, commencing on April 1, 1993, and shall serve until their successors are appointed and qualified. All successors to the initial members shall be appointed for terms of office of three years and shall serve until their successors are appointed and qualified. No member shall be authorized to serve more than two consecutive terms of office. The members in office on January 1, 1993, shall not serve until the regular expiration of the terms to which such members were appointed and the terms of such members shall expire on March 31, 1993. All members of the Authority shall be residents of the area governed by the governing body which shall appoint them."
Section 2. Said Act is further amended by striking subsection (c) of Section 2 and inserting in its place a new subsection (c) to read as follows:
"(c) The chairman, vice chairman, secretary, and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Seven members of the Authority shall constitute a quorum. The vice chairman shall have voting power on all committees of the authority during his term as vice chairman."
Section 3. Said Act is further amended by striking subsection (g) of Section 2 and inserting in its place new subsections (g) through (1) to read as follows:
"(g) The Authority shall make rules and regulations for its own government. It shall have perpetual existence.

1648

JOURNAL OF THE HOUSE,

(h) The members of the Authority shall serve without compensation provided that all members shall be reimbursed for this actual expenses necessarily incurred in the performance of their duties.
(i) The governing authority of the City of Augusta, the governing authority of Richmond County, and the members of the General Assembly representing all or a portion of Richmond County shall be furnished by the Authority with a quarterly financial report which shall include separate itemizations for tax revenue, revenue generated from performances, financial projections for the next two years, and any major renovation or upkeep project exceeding $10,000.00.
(j) The Authority shall only hire a general manager to perform such duties as shall be specified by the Authority on the basis of a two-year contract. The performance of the general manager shall be reviewed annually and the general manager's salary shall be a fixed figure on an annual basis.
(k) The authority shall make any rules and regulations it deems necessary as to the issuance of discounted tickets for use by nonprofit organizations as defined in Section 501(c) of the Internal Revenue Code, as amended."
Section 4. Said Act is further amended by adding a new section immediately following Section 4 to be designated Section 4A, to read as follows:
"Section 4A. The Authority, in considering whether a contracting party for a project is responsible, may consider the contracting party's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan. The members of the Authority shall notify annually their respective appointing bodies of efforts to comply with the goals of such a plan."
Section 5. Said Act is further amended by adding a new section immediately following Section 4A, to be designated Section 4B, to read as follows:
"Section 4B. It shall be unlawful for any elected public official for himself or herself or on behalf of any business or for any business in which such official has a substantial interest to transact any business with the Authority. Nothing in this section shall be construed to prohibit any member of an elected official's family from transacting business with the Authority."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Howard of the 118th moved that the House agree to the Senate substitute to HB 843.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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

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".

The following Committee substitute was read and adopted:

MONDAY, MARCH 8, 1993

1649

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"; to revise the qualifications of the members of the Board of Court Reporting of the Judicial Council; to revise various provisions of Article 2 of Chapter 14 thereof, "The Georgia Court Reporting Act," so as to make the language in such Act gender neutral; to revise the qualifications for certification for court reporting; to provide for fees; to provide grounds for refusal to grant or revoke certificates; to provide for temporary permits; to provide for injunctions; to provide for penalties; to provide for power of judges to appoint or remove court reporters; 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 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking Code Section 5-6-41, relating to reporting, preparation, and disposition of transcript of evidence, in its entirety and inserting in lieu thereof the following:
"5-6-41. (a) In all felony cases, the transcript of evidence and proceedings shall be reported and prepared by a court reporter as provided in Code Section 17-8-5 or as otherwise provided by law.
(b) In all misdemeanor cases, the trial judge may, in hfe the judge's discretion, require the reporting and transcribing of the evidence and proceedings by a court reporter on terms prescribed by him the trial judge.
(c) In all civil cases tried in the superior and city courts and in any other court, the judgments of which are subject to review by the Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to have the proceedings and evidence reported by a court reporter, the costs thereof to be borne equally between them; and, where an appeal is taken which draws in question the transcript of the evidence and proceedings, it shall be the duty of the appellant to have the transcript prepared at his the appellant's expense. Where it is determined that the parties, or either of them, are financially unable to pay the costs of reporting or transcribing, the judge may, in his the judge's discretion, authorize trial of the case unreported; and, when it becomes necessary for a transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving party to prepare the transcript from recollection or otherwise.
(d) Where a trial in any civil or criminal case is reported by a court reporter, all motions, colloquies, objections, rulings, evidence^ {whether admitted or stricken on objection or otherwise), copies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other posttrial procedure shall be reported; and, where the report is transcribed, all such matters shall be included in the written transcript, it being the intention of this article that all these matters appear in the record. Where matters occur which were not reported, such as objections to oral argument, misconduct of the jury, or other like instances, the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record. The transcript of proceedings shall not be reduced to narrative form unless by agreement of counsel; but, where the trial is not reported or the transcript of the proceedings for any other reason is not available and the evidence is prepared from recollection, it may be prepared in narrative form.
(e) Where a civil or criminal trial is reported by a court reporter and the evidence and proceedings are transcribed, the reporter shall complete the transcript and file the original and one copy thereof with the clerk of the trial court, together with his the court reporter's certificate attesting to the correctness thereof. In criminal cases where the accused was convicted of a capital felony, an additional copy shall be filed for the Attorney General, for which the court reporter shall receive compensation from the

1650

JOURNAL OF THE HOUSE,

Department of Law as provided by law. The original transcript shall be transmitted to the appellate court as a part of the record on appeal; and one copy will be retained in the trial court, both as referred to in Code Section 5-6-43. Upon filing by the reporter, the transcript shall become a part of the record in the case and need not be approved by the trial judge.
(f) Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. The trial court or the appellate court may at any time order the clerk of the trial court to send up any original papers or exhibits in the case, to be returned after final disposition of the appeal.
(g) Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript of evidence and proceedings is prepared from recollection, the agreement of the parties thereto or their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code section. In case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review; and, if the trial judge is unable to recall what transpired, fee the judge shall enter an order stating that fact.
(h) Where any amendment or other pleading or paper which requires approval or sanction of the court in any proceeding before being filed of record is disallowed or sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filedj {with notation of disallowance thereon) j and shall become part of the record for purposes of consideration on appeal or other procedure for review.
(i) In lieu of sending up a transcript of record, the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together with a sufficient statement of facts to enable the appellate court to pass upon the questions presented therein. Before being transmitted to the appellate court, the stipulation shall be approved by the trial judge or the presiding judge of the court where the case is pending.
(j) In all cases, civil or criminal, any party may as a matter of right have the case reported at his the party's own expense."
Section 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-11-27, relating to depositions before action or pending appeal, in its entirety and inserting in lieu thereof the following:
"9-11-27. (a) Before action.
(1) PETITION. A person who desires to perpetuate feis such person's own testimony or that of another person regarding any matter that may be cognizable in any court may file a verified petition in the superior court of the county where the witness resides. The petition shall be entitled in the name of the petitioner and shall show that the petitioner expects to be a party to litigation but is presently unable to bring it or cause it to be brought, the subject matter of the expected action and feis the petitioner's interest therein, the facts which he the petitioner desires to establish by the proposed testimony and his the petitioner's reasons for desiring to perpetuate it, the names or a description of the persons fee the petitioner expects will be adverse parties and their addresses so far as known, and the names and addresses of the persons to be examined and the substance of the testimony which fee the petitioner expects to elicit from each, and shall ask for an order authorizing the petitioner to

MONDAY, MARCH 8, 1993

1651

take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.
(2) NOTICE AND SERVICE. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court at a time and place named therein for the order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or outside the county in the manner provided for service of summons; but, if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise and shall appoint, for persons not served, an attorney who shall represent them and, in case they are not otherwise represented, shall cross-examine the deponent. The court may make such order as is just requiring the petitioner to pay a reasonable fee to an attorney so appointed. If any expected adverse party is a minor or an incompetent person and does not have a general guardian, the court shall appoint a guardian ad litem.
(3) ORDER AND EXAMINATION. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken by a certified court reporter, or as otherwise provided by the rules of the Board of Court Reporting, in accordance with this chapter; and the court may make orders of the character provided for by Code Sections 9-11-34 and 9-11-35. For the purpose of applying this chapter to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.
(4) USE OF DEPOSITION. If a deposition to perpetuate testimony is taken under this Code section or if, although not so taken, it would be otherwise admissible under the laws of this state, it may be used in any action involving the same parties and the same subject matter subsequently brought. (b) Pending appeal. If an appeal has been taken from a judgment of a trial court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the trial court. In such case the party who desires to perpetuate the testimony may make a motion in the trial court for leave to take the depositions, upon the same notice and service thereof as if the action were pending in the court. The motion shall show the names and addresses of persons to be examined, the substance of the testimony which the movant expects to elicit from each, and the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by Code Sections 9-11-34 and 9-11-35; and thereupon the depositions may be taken before a certified court reporter, or as otherwise provided bj the rules of the Board of Court Reporting, and used in the same manner and under the same conditions as are prescribed in this chapter for depositions taken in actions pending in court. (c) Perpetuation by action. This Code section does not limit the power of a court to entertain an action to perpetuate testimony."
Section 3. Said title is further amended by striking Code Section 9-11-28, relating to persons before whom depositions may be taken, in its entirety and inserting in lieu thereof the following:
"9-11-28. (a) Within the United States and its possessions. Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or by the laws of the place where the examination is held or before a perseft court reporter appointed by the court in which the action is pending or, if within this state, before a certified court reporter or as otherwise provided by the

1652

JOURNAL OF THE HOUSE,

rules of the Board of Court Reporting. A person so appointed has power to administer oaths and take testimony.
(b) In foreign countries. In a foreign state or country depositions shall be taken on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the United States, or before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or by descriptive title and letters rogatory may be addressed 'To the Appropriate Judicial Authority in (here name the country).'
(c) Disqualification for interest. No deposition shall be taken before a pefsef* court reporter who is a relative, employee, attorney, or counsel of any of the parties, or who is a relative or employee of such attorney or counsel, or who is financially interested in the action, unless such disqualification is waived in writing by all parties to the action."
Section 4. Said title is further amended by striking paragraph (1) of subsection (c) and subparagraph (f)(l)(A) of Code Section 9-11-30, relating to depositions upon oral examination, respectively, and inserting in lieu thereof the following:
"(1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the rules of evidence. The authorized officer or court reporter before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his the direction and in his the presence of the authorized officer or court reporter, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with paragraph (4) of subsection (b) of this Code section. If requested by one of the parties, the testimony shall be transcribed."
"(A) The officer shall certify on the deposition that the witness was duly sworn by hi the officer and that the deposition is a true record of the testimony given by the witness and shall designate the court reporter certification number. He The officer shall then securely seal the deposition in an envelope endorsed marked with the title of the actionj the court reporter certification number, and marked 'Deposition of (here insert name of witness)' and shall promptly file it with the court in which the action is pending or send it by registered or certified mail to the clerk thereof for filing."
Section 5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-7-47, relating to providing of court reporters, in its entirety and inserting in lieu thereof the following:
"(c) Appointment of a court reporter or reportersz as defined in Article 2 of Chapter 14 of this title, for court proceedings in each court shall be made by the judge thereof; the compensation and allowances of reporters for the courts shall be paid by the county governing authority and shall be the same as that for reporters of the superior courts of this state."
Section 6. Said title is further amended by striking Code Section 15-14-1, relating to power of superior court judges to appoint and remove, Code Section 15-14-2, relating to power of city court judges to appoint, and Code Section 15-14-3, relating to power of division judges to appoint and remove, respectively, in their entirety and inserting in lieu thereof the following:
"15-14-1. The judges of the superior courts shall have power to appoint and, at their pleasure, to remove a court reporter e stenographic reporter^ as defined in Article 2 of this chapter, for the courts of their respective circuits. The court reporter, before entering on the duties of his the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required of him the court reporter by law. It shall be his the court reporter's duty to attend all courts in the circuit for which he such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the arguments of counsel.

MONDAY, MARCH 8, 1993

1653

15-14-2. (a) The judges of the .city courts of this state having concurrent jurisdiction with the superior courts of this state to try misdemeanor cases and to try civil cases where the amount involved exceeds $500.00, where not otherwise specifically provided for by law, may appoint an official court reporter^ as defined in Article 2 of this chapter, whose compensation for reporting criminal and civil cases and for attendance upon court shall be the same as provided by the Judicial Council pursuant to Code Section 15-5-21. The court reporter reporting and transcribing civil cases shall be paid by the party or parties requesting the reporting or transcribing.
(b) This Code section shall not apply to the city courts of this state where provision has been made by law prior to February 13, 1950, for the appointment of the official reporters of city courts.
15-14-3. Each of the judges of the superior and city courts in all circuits where there may be more than one division, whether the same is civil or criminal, shall appoint and at his such judge's pleasure remove a court reporter er stenographic reporter^ as defined in Article 2 of this chapter, for his such judge's respective division. The court reporter, before entering on the duties of his the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required. It shall be his the court reporter's duty to attend all sessions of the court for which he such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the argument of counsel."
Section 7. Said title is further amended by striking Article 2 of Chapter 14, relating to training and certification of court reporters, in its entirety and inserting in lieu thereof the following:
"ARTICLE 2
15-14-20. This article shall be known and may be cited as 'The Georgia Court Reporting Act.'
15-14-21. It is declared by the General Assembly that the practice of court reporting carries important responsibilities in connection with the administration of justice, both in and out of the courts; that court reporters are officers of the courts; and that the right to define and regulate the practice of court reporting belongs naturally and logically to the judicial branch of the state government. Therefore, in recognition of these principles, the purpose of this article is to act in aid of the judiciary so as to ensure minimum proficiency in the practice of court reporting by recognizing and conferring jurisdiction upon the Judicial Council of Georgia to define and regulate the practice of court reporting.
15-14-22. As used in this article, the term: (1) 'Board' means the Board of Court Reporting of the Judicial Council. (2) 'Certified court reporter' means any person certified under this article to prac-
tice verbatim reporting. (3) 'Court reporter' means any person who is engaged in the practice of court
reporting as a profession as defined in this article. The term 'court reporter' shall include not only those who actually report judicial proceedings in courts but also those who make verbatim records as defined in paragraph (4) of this Code section.
(4) 'Court reporting' means the making of a verbatim record by means of manual shorthand, machine shorthand, ef Stcnomask closed microphone voice dictation silencer, or by other means of personal verbatim transcription reporting of any testimony given under oath before, or for submission to, any court, referee, or court examiner or any board, commission, or other body created by statute! or by the Constitution of this state or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record as defined in this article. 15-14-23. The Judicial Council of Georgia, as created by Article 2 of Chapter 5 of this title, is declared to be an agency of the judicial branch of the state government for the purpose of defining and regulating the practice of court reporting in this state.

1654

JOURNAL OF THE HOUSE,

15-14-24. (a) There is established a board which shall be known and designated as the 'Board of Court Reporting of the Judicial Council.' It shall be composed of seven members, four members to be certified court reporters, two members to be representatives from the State Bar of Georgia, and one member to be from the judiciary, each of whom shall have not less than five years' experience in his profession their respective professions. The initial board shall be appointed by the Judicial Council. The term of office shall be two years, and the Judicial Council shall fill vacancies on the board.
(b) Any member of the board may be removed by the Judicial Council after a hearing at which the Judicial Council determines that there is cause for removal.
15-14-25. Immediately and before entering upon the duties of their office, the members of the board shall take the oath of office and shall file the same in the office of the Judicial Council. Upon receiving the oath of office, the Judicial Council shall issue to each member a certificate of appointment.
15-14-26. The board shall each year elect from its members a chairman chairperson. whose term shall be for one year: Het and who shall serve during the period for which elected and until his a successor shall be elected. The board shall make all necessary rules and regulations to carry out this article, but the rules and regulations shall be subject to review by the Judicial Council.
15-14-27. The administrative and staff work of the board shall be among the duties of the Administrative Office of the Courts created by Code Section 15-5-22. The director of the Administrative Office of the Courts or a designee shall serve as secretary of the board and shall perform all duties which may be assigned to him by either the board or the Judicial Council to implement this article.
15-14-28. No person shall engage in the practice of verbatim court reporting in this state unless the person is the holder of a certificate as a certified court reporter or is the holder of a temporary permit issued under this article.
15-14-29. (a) ;Ffee Upon receipt of appropriate application and fees, the board shall grant a certificate as a certified court reporter to any citizen ef th United States rcaidg ef having a pteee fe* th regular transaction ef business i this state person who:
(1) Has attained the age of 18 years; (2) Is of good moral character; (3) Is a graduate of a high school or has had an equivalent education; and
(4) Has, except as provided in subsection (b) of this Code section, successfully passed an examination in verbatim court reporting as prescribed in Code Section 15-14-30.
(b) Any person; * eitiaeit ef- the United States, who has attained the age of 18 years and is of good moral character, who submits to the board an affidavit under oath that he the court reporter was actively and continuously, for one year preceding March 20, 1974, has bee principally engaged as a court reporter, shall be exempt from taking an examination and shall be granted a certificate as a certified court reporter.
(c) (1) Reasonable accommodation shall be provided to any qualified individual with a disability who applies to take the examination who meets the essential eligibility requirements for the examination and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board.
(2) Reasonable accommodation shall be provided to any qualified individual with a disability who applies for certification who meets the essential eligibility requirements for certification and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board or the certification of the individual would pose a direct threat to the health, welfare, or safety of residents of this state.
(3) The term 'disability,' as used in paragraphs (1) and (2) of this subsection, means a physical or mental impairment that substantially limits one or more major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment.
15-14-30. Every person desiring to commence the practice of court reporting in this state shall file an application for a certificate testing with the board upon such form as

MONDAY, MARCH 8, 1993

1655

shall be adopted and prescribed by the board. At the time of making an application the applicant shall deposit with the board an examination fee to be determined by the board. Examinations shall be conducted as often as may be necessary, as determined by the board, provided that examinations must be conducted at least once annually. Applicants shall be notified by mail of the holding of such examinations no later than ten days before the date upon which the examinations are to be given. Examinations shall be conducted and graded according to rules and regulations prescribed by the board.
15-14-31. Every certified court reporter who continues in the active practice of verbatim court reporting shall annually renew his the certificate on or before April 1 following the date of issuance of the certificate under which he the court reporter is then entitled to practice, upon the payment of a fee established by the board. Every certificate which has not been renewed on April 1 shall expire on that date of that year and shall result in the suspension of the court reporter's right to practice under this article, which suspension shall not be terminated until all delinquent fees have been paid or the court reporter has requalified by testing. After a period to be determined by the board, a suspended certificate will be automatically revoked and may not be reinstated without meeting current certification requirements.
15-14-32. Any person who has received from the board a certificate as provided for in this article shall be known and styled as a certified court reporter and shall be authorized to practice as such in this state and to use such title or the abbreviation 'C.C.R.' in so doing. No other person, firm, or corporation, all of the members of which have not received such certificate, shall assume the title of certified court reporter, the abbreviation 'C.C.R.,' or any other words or abbreviations tending to indicate that the person, firm, or corporation so using the same is a certified court reporter.
16-14-33. (a) 0 verified complaint, the beard may revoke er suspend any ccrtifieate issued wider this article for unprofessional conduct er ether sufficient cause, after notice of cmd opportunity ior neftring. L ne notice sn&n utflte trie c&use tor me contem plated r-cvocation er suspension and the time and pkiee ef the hearing a*d ahaH be moiled te th registered address ef- the heMer ef- the certificate at least 36 days before trie neflfin< cj&Cn Doflpci inemDei? snctix oe empowered vO Administer o&tns &nd ctnifmfl
require the production ef- ay records, concerning any matter within the jurisdiction ef vi&e Do&Pd. 1 AC Doflfu 9iiui reduce to wFitin ft summory of tne evidence given Deiore it ad shH make written findings ef fact thereon.
{b) Certificates may be revoked er suspended for ene or mere ef- the following rea-
i# Conviction of a felony subsequent to March 20? 1074; {2) Conviction ef misdemeanor involving flftoral turpitude subsequent te Marefe
OA t firjA. i\j'j 4.17 r *tf
{3) Fraud, dishonesty, corruption, willful violation ef duty, er where the certificate
er {4) Ffewd er misrepresentation resorted te in obtaining a certificate ander this
{e) Any disciplinary action ef the beafd may be appealed by the aggrieved persen te tnc uUQiciai v^ouncil, wnicn snail nave tnc power te review tnc determination Dy tnc board
15-14-33. (a) The board shall have the authority to refuse to grant a certificate or temporary permit to an applicant therefor or to revoke the certificate or temporary permit of a person or to discipline a person, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a certificate or temporary permit contained in this article or under the rules or regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that all the requirements for the issuance of a certificate or temporary permit have been met, and, if the board is not satisfied as to the applicant's qualifications, it may deny a certificate or temporary permit without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if desired;

1656

JOURNAL OF THE HOUSE,

(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of court reporting or on any document connected therewith; practiced fraud or deceit or intentionally made any false statements in obtaining a certificate or temporary permit to practice court reporting; or made a false statement or deceptive registration with the board;
(3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere: and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude, where:
(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had a certificate or temporary permit to practice as a court reporter revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against the licensee or the applicant by any such lawful licensing authority other than the board; or was denied a certificate by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a certificate or temporary permit by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings;
(6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice as a court reporter, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of court reporting but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of court reporting;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose certificate or temporary permit has been suspended or revoked by the board to practice as a court reporter or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board;
(8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of court reporting, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule, or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certificate or temporary permit reinstatement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state. Any such adjudication shall automatically suspend the certificate or temporary permit of any such person and shall prevent the reissuance or renewal of any certificate or temporary permit so suspended for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice as a court reporter with reasonable skill or has become unable to practice as a court reporter with reasonable skill by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.

MONDAY, MARCH 8, 1993

1657

(b) For purposes of this Code section, the board may obtain through subpoena upon reasonable grounds any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board.
(c) When the board finds that any person is unqualified to be granted a certificate or temporary permit or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to court reporting, the board may take any one or more of the following actions:
(1) Refuse to grant or renew a certificate or temporary permit to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any certificate or temporary permit for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any certificate or temporary permit as the board deems necessary for the protection of the public; (5) Revoke any certificate or temporary permit; (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; (7) Impose a requirement to pass the state certification test; or (8) Require monetary adjustment in a fee dispute involving an official court reporter.
(d) In addition to and in conjunction with the actions described in subsection (c) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.
(e) Any disciplinary action of the board may be appealed by the aggrieved person to the Judicial Council, which shall have the power to review the determination by the board. Initial judicial review of the final decision of the Judicial Council shall be had solely in the superior courts of the county of domicile of the board.
(f) In its discretion, the board may reinstate a certificate or temporary permit which has been revoked or issue a certificate or temporary permit which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or any other laws relating to court reporting.
(g) (1) The board is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations the board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to court reporting. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The board or its appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of court reporting may have taken place.
(2) The results of all investigations initiated by the board shall be reported solely to the board and the records of such investigations shall be kept for the board by the Administrative Office of the Courts, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority.
(3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in the capacity as licensee shall be

1658

JOURNAL OF THE HOUSE,

admissible at any hearing held to determine whether a violation of this article has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public.
(4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant, (h) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness _to .p_ra_ct_ic_e _as _a _co_u_rt _re_.p_o_rte_r _or _ for _in_iti_at_ing. _or _co_nd_u_cti_ng proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a court reporter shall be immune from civil and criminal liability for so testifying. (i)_If any licensee or applicant after at least 30 days' notice fails to appear at any hearing, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the director of the Administrative Office of the Courts shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the director of the Administrative Office of the Courts shall be deemed to be service upon the licensee or applicant. (j) The voluntary surrender of a certificate or temporary permit or the failure to renew a certificate or temporary permit by the end of an established penalty period shall have the same effect as a revocation of said certificate or temporary permit, subject to reinstatement in the discretion of the board. The board may restore and reissue a certificate or temporary permit to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board. (k) Regulation by the board shall not exempt court reporting from regulation pursuant to any other applicable law. 15-14-34. Nothing is this article shall be construed te prohibit the temporary employment ef- any pej-sen net certified andef this article who has first obtained tern-
The beard may limit the extent of any temporary permit obtained fren* the beard-basedupon tiio ttccQ i 9ucri tcnipOFory cmployiwCUT. A cmpopflpy perinits oDtoiriCQ from n judge oy be limited fey the bea*d only with the concurrence ef -the issuing judge. Temporary employment of any person may be possible by obtaining a temporary permit from the board or from a judge in compliance with the rules and regulations of the Board of Court Reporting of the Judicial Council. The scope of the activities of the temporary permit holder shall be as provided in the rules of the board.
15-14-35. On the verified complaint of any person or by motion of the board that any person, firm, or corporation has violated any provision of this article, the board, with the consent of the Judicial Council, may file a complaint seeking equitable relief in its own name in the superior court of any county in this state having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm, or corporation, restraining them from violating this article. Upon proof thereof, the court shall issue the restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the board has no adequate remedy at law. The right of injunction

MONDAY, MARCH 8, 1993

1659

provided for in this Code section shall be in addition to any other remedy which the board has and shall be in addition to any right of criminal prosecution provided by law.
15-14-36. Any person persons who: (1) Represents himself Represent themselves as having received a certificate or
temporary permit as provided for in this article or practicca practice as a certified court reporter without having received a certificate or temporary permit;
(2) Continues Continue to practice as a certified court reporter reporters in this state or ttses use any title or abbreviation indicating that he is ft certified eewt reporter after his certificate has been revoked they are certified court reporters after their certificates have been revoked; or
(3) Violates Violate any provision of this article shall be guilty of a misdemeanor. Each day of the offense is a separate misdemeanor."
Section 8. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 92, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 Annotated, 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 dividends by certain insurers.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 definition of a project 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 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 children 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.

1660

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister
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 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
Coleman.T

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 YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.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 Y Hembree
Henson Holland

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 Y 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 Y Oliver Y O'Neal
Y Orrock Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Poag Polak Y Porter YPoston Y Powell Y Purcell YRandall
Y Randolph 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 Smyre Snow
Y Stancil,F E Stancil.S
Stanley,L Stanley,P Y Stephenson Y Street Y Taylor Teague YTeper 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 White Y Williams.B Y Williams,R Y Yates Y Yeargin Murphy,Spkr

On the adoption of the Resolution, the ayes were 145, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Buckner of the 95th, Holland of the 157th and Sinkfield of the 57th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, so as to provide that

MONDAY, MARCH 8, 1993

1661

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 or except under certain other conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group workers' compensation self-insurance funds, is amended by striking in its entirety Code Section 34-9-155, relating to admission of new members into such funds, and inserting in lieu thereof the following:
"34-9-155. (a) No person shall solicit membership or participation in any fund unless such person:
(1) Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or
(2) Is an officer, director, or employee of: (A) A professional association or trade association; or (B) A corporation with its income exempt pursuant to Section 115 of the United
States Internal Revenue Code. (b) After the inception date of a fund, prospective new members of the fund shall submit an application for membership to the board of the fund and to the Commissioner on a form prescribed by the Commissioner. The board of the fund or the administrator, with the approval of the board of the fund, shall establish the net worth of the fund and the proportionate share to be paid by each applicant to become a member of the fund. If the Commissioner does not disapprove the application of a prospective new member within 90 days, the applicant, upon payment to the fund of its proportionate share determined in accordance with this article, shall be authorized to become a member of the fund, to enter into the intrastate agreement with the other members of the fund, and to share the liabilities and assets of the fund in accordance with its bylaws and with the applicable provisions of this article. The board of the fund may take into consideration the loss ratio of a prospective member in establishing such member's proportionate share, provided that, notwithstanding the provisions of this Code section, such prospective member's proportionate share shall be reasonable in relationship to the proportionate shares paid by the other members of the fund. Any group aggrieved by a determination of the board of the fund regarding the establishment of a member's proportionate share shall have the right to appeal such determination to the Commissioner."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Birdsong 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
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 Dobbs
Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd.J.M Y Floyd,J.W Y God bee
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
Holmes Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins

1662

JOURNAL OF THE HOUSE,

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 Y 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 Y Oliver Y O'Neal Y Orrock
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 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 YSmyre
Snow
Y Stancil.F E 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
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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 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
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 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
Good win Greene Y Groover Y Hammond Y Hanner Y Harris,B Y Harris.M

Hart
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 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 LaneJR Y Lawrence Y Lawson YLee Y Lewis YLord

Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B
Milam Y Mills
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 Y Perry Y Pinholster
Poag 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
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 E Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Teper Y Thomas.C Y Tillman Y Titus Y Towery

MONDAY, MARCH 8, 1993

1663

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 adoption of the Resolution, the ayes were 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 704. By Representatives Lewis of the 14th, Poag of the 6th, Walker of the 141st, Childers 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.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 704 as follows:
Page 2 - Line 35 Strike $5.00 and insert $10.00.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the 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
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 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 N 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
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 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
Lee Y Lewis YLord Y Lucas Y Maddox E 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
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
Skipper

On the passage of the Bill, as amended, the ayes were 159, nays

Y Smith.C Y Smith.L Y Smith,P Y Smith,T Y Smith.V Y Smith,W Y Smyre
Snow Y Stancil.F E Stancil.S Y StanleyJL 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

1664

JOURNAL OF THE HOUSE,

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

Representative Lee of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Davis of the 48th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

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 Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
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
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 Y Dix
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 Golden Goodwin
Y Greene Y Groover
Y Hammond Y 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 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 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 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
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 Y Smith, V Y Smith,W Y Smyre YSnow Y Stancil.F E 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 TwiggB 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 158, nays 0. The Bill, having received the requisite constitutional majority, was

MONDAY, MARCH 8, 1993

1665

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 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.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions 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; to provide definitions; to provide for contents of notice; to provide for notice of escape; to provide for confidentiality of victim information; to provide for immunity from liability under certain conditions; 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 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-1-11, to read as follows:
"42-1-11. (a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner of corrections. (2) 'Crime' means an act committed in this state which constitutes a crime as
defined by state or federal law and which results in physical injury or death to the victim.
(3) 'Crime against the person' means any crime provided for in Chapter 5 of Title 16.
(4) 'Offender' means a person sentenced to a term of incarceration in a state or county correctional institution.
(5) 'Victim' means a person who suffers personal physical injury or death as a result of a crime and shall include members of the immediate family of a victim who dies as the result of a crime and the parents and guardians of victims who are minors. (b) If the identity of a victim of a crime has been verified by the district attorney, who has, at the request of such victim, mailed a letter to the commissioner of corrections requesting that the victim be notified of a change in the custodial status of an offender, then the commissioner of corrections or the commissioner's designee shall make a good faith effort to notify the victim that the offender is to be released from imprisonment, including release on extended furlough; transferred to work release; released by mandatory release upon expiration of sentence; or has escaped from confinement; or if the offender has died. The good faith effort to notify the victim must occur prior to the release or transfer noted in this subsection. For a victim of a felony crime against the person for which the offender was sentenced to a term of imprisonment of more than 18 months, the good faith effort to notify the victim must occur no later than ten days before the offender's release from imprisonment, transfer to, or release from work release or as soon thereafter as is practical in situations involving emergencies. (c) The notice given to a victim of a crime against a person must include the conditions governing the offender's release or transfer and either the identity of the corrections agent who will be supervising the offender's release or a means to identify the

1666

JOURNAL OF THE HOUSE,

agency that will be supervising the offender's release. The commissioner of corrections or the commissioner's designee complies with this Code section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the commissioner or authority in writing.
(d) If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the commissioner or other custodial authority shall make all reasonable efforts to notify a victim who has requested notice of the offender's release under subsection (b) of this Code section within six hours after discovering the escape, or as soon thereafter as is practical, and shall also make reasonable efforts to notify the victim within 24 hours after the offender is apprehended or as soon thereafter as is practical. In emergencies, telephone notification for the victim will be attempted and the results documented in the offender's central file.
(e) All identifying information regarding the victim, including the victim's request and the notice provided by the commissioner or the commissioner's designee, shall be confidential and accessible only to the victim. It is the responsibility of the victim to provide the commissioner with a current address.
(f) A designated official in the Department of Corrections shall coordinate the receipt of all victim correspondence and shall monitor staff responses to requests for such notification from victims of crime.
(g) The commissioner and the Department of Corrections shall not be liable for a failure to notify the victim that occurs from actions that are not the result of negligence."
Section 2. This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of 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 Groover of the 125th moves to amend the Committee substitute to HB 211 as follows:
Add after "liable" on line 4 page 4 "for damages"; by placing a period after "victim" on line 5 page 4, and by striking the remainder of that sentence on lines 5 & 6.

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
Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks,D Y Brooks.T Y 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 " 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 Y Diion.S
Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans

Y Felton Y FloydJ.M Y Floyd,J.W
Godbee Y Golden
Goodwin Y Greene Y Groover
Hammond Y 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 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
Klein

MONDAY, MARCH 8, 1993

1667

YLadd Y Lakly Y Lane.D Y Lane,R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox EMann 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
Poag Y Polak Y Porter

Poston Y Powell Y Purcell
Randall Y Randolph YBay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan 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 E 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
White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy tSpkr

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Klein of the 39th 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 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.

The following Committee substitute was read and adopted:

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; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Anno-

tated, relating to the compensation of probate court judges, is amended by striking subsec-

tion (a) of Code Section 15-9-63, relating to schedule of minimum salaries of probate court

judges, which reads as follows:

"(a) (1) Any other laws to the contrary notwithstanding, the minimum annual sal-

ary of each judge of the probate court in this state shall be fixed according to the pop-

ulation of the county in which he serves, as determined by the United States

decennial census of 1990 or any future such census. Each such judge of the probate

court shall receive an annual salary, payable in equal monthly installments from the

funds of his county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999..........................................................................................................$ 15,402.00

6,000 11,999.................................................................................................... 20,337.00

12,000 19,999.................................................................................................... 22,591.00

20,000 29,999.................................................................................................... 24,957.00

30,000 39,999.................................................................................................... 27,611.00

1668

JOURNAL OF THE HOUSE,

40,000 49,999.................................................................................................... 29,123.00

50,000 99,999.................................................................................................... 31,341.00

100,000 199,999..................................................................................................... 37,704.00

200,000 294,999..................................................................................................... 46,303.00

295,000 or more......................................................................................................... 50,468.00

(2) On and after July 1, 1992, whenever the employees in the classified service of

the state merit system receive a cost-of-living increase of a certain percentage or a cer-

tain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of

this subsection and in Code Section 15-9-64, or the amounts derived by increasing

each of said amounts through the application of longevity increases pursuant to Code

Section 15-9-65, where applicable shall be increased by the same percentage or same

amount applicable to such state employees. If the cost-of-living increase received by

state employees is in different percentages or different amounts as to certain catego-

ries of employees, the amounts fixed in the minimum salary schedule in paragraph (1)

of this subsection, and in Code Section 15-9-64, 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 Planning 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 15-9-64, or the amounts derived through the applica-

tion of longevity increases, as authorized by this paragraph shall become effective six

months following the date that the cost-of-living increases received by state employees

become effective.",

in its entirety and inserting in lieu thereof the following:

"(a) (1) Any other laws to the contrary notwithstanding, the minimum annual sal-

ary of each judge of the probate court in this state shall be fixed according to the pop-

ulation of the county in which such judge serves, as determined by the United States

decennial census of 1990 or any future such census. Each such judge of the probate

court shall receive an annual salary, payable in equal monthly installments from

county funds, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999.......................................................................................................$ 16,876.00

6,000 11,999................................................................................................. 22,284.00

12,000 19,999................................................................................................. 24,754.00

20,000 29,999................................................................................................. 27,346.00

30,000 39,900................................................................................................. 30,254.00

39,901 49,999................................................................................................. 31,911.00

50,000 74,999................................................................................................. 34,341.00

75,000 99,999................................................................................................. 37,827.00

100,000 149,999.................................................................................................. 41,313.00

150,000 199,999.................................................................................................. 46,023.00

200,000 249,999.................................................................................................. 50,735.00

250,000 299,999.................................................................................................. 53,017.00

300,000 or more...................................................................................................... 55,299.00

(2) On and after July 1, 1994, whenever the employees in the classified service of

the state merit system receive a cost-of-living increase of a certain percentage or a cer-

tain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of

this subsection and in Code Section 15-9-64, or the amounts derived by increasing

each of said amounts through the application of longevity increases pursuant to Code

Section 15-9-65, where applicable shall be increased by the same percentage or same

amount applicable to such state employees. If the cost-of-living increase received by

state employees is in different percentages or different amounts as to certain catego-

ries of employees, the amounts fixed in the minimum salary schedule in paragraph (1)

of this subsection, and in Code Section 15-9-64, 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

MONDAY, MARCH 8, 1993

1669

granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following 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 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-9-64, 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 on 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 substitute, 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
Baker N Bannister Y Barfoot
Bargeron Barnes Y Bates Y Benefield Birdsong N Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T Y Brown Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channell N Childers N Clark Y Coker N Coleman.B Coleman.T

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

Y Holmes Y Howard Y 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 Y Kinnamon N Klein NLadd N Lakly N Lane,D Y Lane,R N Lawrence Y Lawson YLee N Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee N McClinton Y McKinney.B
Milam N Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley N Mueller Y Oliver Y O'Neal YOrrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pinholster
Poag Polak Y Porter Postal Y Powell Y Purcell Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Scoggins Shanahan Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis N Skipper

Y Smith.C Y Smith,L N Smith,P Y Smith.T Y Smith,V
Y Smith,W YSmyre YSnow N Stancil,F E Stancil.S Y Stanley.L Y Stanley.P N Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas.C Y Tillman Y Titus
N Towery Y Trense
Turnquest YTwiggs N Vaughan
Y Walker N Wall
Watson Watts 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 110, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Barnes of the 33rd 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.

1670

JOURNAL OF THE HOUSE,

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 Annotated, related to the regulation of specialized land transactions, so as to provide for the governance of certain property owners' associations and developments; to provide a short title.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 574 by striking on line 5 of page 7 the word "units" and inserting in lieu thereof the word "lots".
By striking lines 21 and 22 of page 14 in their entirety and inserting in lieu thereof the following:
"article or of any other applicable law without a".

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

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

Y Colwell Connell
YCox N Crawford N Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix
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
Golden Y Goodwin Y Greene Y Groover Y Hammond Y Banner Y Harris,B N 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 N Johnson,J N Johnston
Jones N Joyce NKaye Y Kinnamon Y Klein NLadd NLakly Y Lane,D Y Lane,R
Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas
N Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B Milam
Y Mills

Y Mobley,B Y MobleyJ N Moore
Y Mosley N Mueller
Y Oliver Y O'Neal
Orrock Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry N Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph NRay 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 Y Smith.P Y Smith.T N Smith,V
N Smith,W YSmyre
Snow Y Stancil,F E Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas.C
Tillman Y Titus Y Towery N Trense Y Turnquest Y Twiggs Y Vaughan Y Walker N Wall Y Watson
Watts N Westmorland
White N Williams.B
Williams.R Y Yates
Yeargin Murphy,Spkr

On the passage of the Bill, as amended, the ayes were 123, nays 32.
The Bill, having received the requisite constitutional majority, was passed, as amended.

MONDAY, MARCH 8, 1993

1671

Representatives Lawrence of the 64th and Williams of the 114th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

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 arrangements between referring physicians and providers of health care services.

The following Committee substitute was read:

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 arrangements between referring physicians and providers of health care services; to provide for grounds for disciplinary action; to provide for disclosure of ownership and financial interests; to provide for violations; to provide for penalties; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding, following Chapter 1A, a new Chapter IB to read as follows:
"CHAPTER IB
43-1B-1. This chapter shall be known and may be cited as the 'Patient Self-referral Act of 1993.'
43-1B-2. It is recognized by the General Assembly that the referral of a patient by a physician to a provider of designated health care services in which the physician has an investment interest represents a potential conflict of interest. The General Assembly finds that these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The General Assembly also recognizes, however, that it may be appropriate for physicians to own entities providing health care services, and to refer patients to such entities, as long as certain safeguards are present in the arrangement. It is the intent of the General Assembly to provide guidance to physicians regarding prohibited patient referrals between physicians and entities providing health care services and to protect the citizens of Georgia from unnecessary and costly health care expenditures.
43-1B-3. As used in this chapter, the term: (1) 'Board' means Composite State Board of Medical Examiners. (2) 'Designated health services' means, for purposes of this chapter, clinical labora-
tory services, physical therapy services, rehabilitation services, diagnostic imaging services, pharmaceutical services, and outpatient surgical services.
(3) 'Entity' means any individual, partnership, firm, corporation, or other business entity.
(4) 'Fair market value' means value in arm's length transactions consistent with the general market value and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use,

1672

JOURNAL OF THE HOUSE,

and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.
(5) 'Group practice" means a group of two or more physicians legally organized as a partnership, professional corporation, or similar association:
(A) In which each physician who is a member of the group provides substantially the full range of services which the physician routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel;
(B) For which substantially all of the services of the physicians who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
(C) In which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined by members of the group. (6) 'Immediate family member' means a physician's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling. (7) 'Investment interest' means an equity or debt security issued by an entity, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instruments. Except for purposes of Code Section 43-1B-5, the following investment interests shall be excepted from this definition:
(A) An investment interest in an entity that is a provider of a designated health service in a rural area;
(B) An investment interest in notes, bonds, debentures, or other debt instruments issued by an entity which provides designated health services, as an integral part of a plan by such entity to acquire such investor's equity investment interest in the entity, provided that the interest rate is consistent with fair market value, and that the maturity date of the notes, bonds, debentures, or other debt instruments issued by the entity to the investor is not later than October 1, 1995;
(C) An investment interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value; or
(D) A financial relationship between a university, college, or other entity providing education and training in the health sciences, including its owned and affiliated hospitals, and any entity or entities through which its faculty and employees who are health care providers provide designated health services. (8) 'Investor' means a physician or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, without limitation, through an immediate family member, trust, or another entity related to the investor within the meaning of 42 C.F.R. subsection 413.17, in an entity. (9) 'Joint-secretary' means the joint-secretary of the state examining boards. (10) 'Physician' means an individual licensed to practice medicine under Article 2 of Chapter 34 of this title. (11) 'Referral' means any referral of a patient for health care services, including, without limitation:
(A) The forwarding of a patient by a physician to another physician or to an entity which provides or supplies designated health services or any other health care item or service;
(B) The request or establishment of a plan of care by physician which includes the provision of designated health services or other health care item or service; or
(C) Except for the purposes of Code Section 43-1B-5, the following orders, recommendations, or plans of care shall not constitute a referral by a physician:
(i) By a radiologist for diagnostic imaging services;
(ii) By a physician specializing in the provision of radiation therapy services for such services;

MONDAY, MARCH 8, 1993

1673

(iii) By a physician referring within the physician's group practice; (iv) By a pathologist for diagnostic clinical laboratory tests and pathological examination services, if furnished by or under the supervision of such pathologist pursuant to a consultation requested by another physician; (v) By a staff physician of a hospital referring a patient to the hospital at which the physician has current staff privileges; or (vi) By a physician for items or services provided by the physician or by a member of a group practice to the patients of that physician or group practice or items or services provided or performed at the direction or under the supervision of such a physician or group practice. (12) 'Rural area' means a county with a population density of no greater than 75 persons per square mile, as defined by the United States decennial census of 1990. 43-1B-4. Except as provided in this Code section: (1) A physician may not refer a patient for the provision of designated health services to an entity in which the physician is an investor. This prohibition includes any consideration paid as compensation or in any manner which is a product of, or incident to, or in any other way related to any membership, proprietary interest, or co-ownership with an individual, group, or organization to whom patients, clients, or customers are referred or to any employer-employee or independent contractor relationship including, without limitation, those that may occur in a limited partnership, profit-sharing arrangement, or other similar arrangement with any person licensed under this title to whom these patients are referred; (2) A physician may not refer a patient for the provision of any other health care item or service to an entity in which the physician is an investor unless: (A) The physician's investment interest is in registered securities issued by a publicly held corporation: (i) Whose shares are traded on a national exchange or on the over-thecounter market; and (ii) Whose total net depreciated assets at the end of the corporation's most recent fiscal year exceeded $50 million; (B) With respect to an entity other than a publicly held corporation described in division (i) of subparagraph (A) of this paragraph and a referring physician's investment interest in such entity, each of the following requirements are met: (i) No more than 50 percent of the value of the investment interests are held by investors who are in a position to make referrals to the entity; (ii) The terms on which an investment interest is offered to an investor who is in a position to make referrals to the entity are no different from the terms offered to investors who are not in a position to make such referrals; (iii) The terms on which an investment interest is offered to an investor who is in a position to make referrals to the entity are not related to the previous or expected volume of referrals from that investor to the entity; and
(iv) There is no requirement that an investor make referrals or be in a position to make referrals to the entity as a condition for becoming or remaining an investor; and
(C) With respect to either such entity or publicly held corporation:
(i) The entity or corporation does not loan funds to or guarantee a loan for an investor who is in a position to make referrals to the entity or corporation if the investor uses any part of such loan to obtain the investment interest; and
(ii) The amount distributed to an investor representing a return on the investment interest is directly proportional to the amount of the capital investment invested in the entity or corporation by that investor;
(3) The board shall encourage the use by licensees of the declaratory statement procedure to determine the applicability of this Code section or any rule adopted pursuant to this Code section as it applies solely to the licensee. The board shall determine the name of any entity in which a physician investment interest has been approved pursuant to this Code section and the board shall adopt rules providing for periodic quality assurance and utilization review of such entities;

1674

JOURNAL OF THE HOUSE,

(4) No claim for payment may be presented by a physician or an entity to any individual, third-party payer, or other entity for a service furnished pursuant to a referral prohibited under this Code section;
(5) If the physician or entity collects any amount that was billed in violation of this Code section, the physician or entity shall refund such amount on a timely basis to the payor or individual, whichever is applicable;
(6) Any person who presents or causes to be presented a bill or a claim for service that such person knows or should know is for a service for which payment may not be made under paragraph (4) of this Code section, or for which a refund has not been made under paragraph (5) of this Code section, shall be subject to a civil penalty of not more than $15,000.00 for each such service;
(7) Any physician or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement, which the physician or entity knows or should know has a principal purpose of assuring referrals by the physician to a particular entity which, if the physician directly made referrals to such entity, would be in violation of this Code section shall be subject to a civil penalty of not more than $100,000.00 for each such circumvention arrangement or scheme;
(8) No person or entity may offer any special services to any patient referred by an investor physician, including, but not limited to, the pricing of services, the scheduling of appointments, or the filing of reports; and
(9) A violation of this Code section by a physician shall constitute grounds for disciplinary action to be taken by the board. 43-1B-5. (a) A physician shall not refer a patient to an entity in which such physician is an investor unless, prior to the referral, the physician furnishes the patient with a written disclosure form, informing the patient of:
(1) The existence of the investment interest; (2) The name and address of each applicable entity in which the referring physician is an investor; (3) The patient's right to obtain the items or services for which the patient has been referred at the location or from the physician or supplier of the patient's choice, including the entity in which the referring physician is an investor; and (4) The names and addresses of at least two alternative sources of such items or services available to the patient. (b) The physician shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the physician's office. (c) The provisions of this Code section shall apply to all referrals made prior to July 1, 1995, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date. Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1995. (d) A violation of this Code section shall be grounds for disciplinary action by the board. 43-1B-6. A physician may not charge an additional amount for health care services rendered by an entity outside of that physician's practice; provided, however, a handling fee of no more than $5.00 may be charged in connection with such services if such fee is separately disclosed and itemized as part of the physician's bill for services."
Section 2. This Act shall become effective July 1, 1993, and shall apply to referrals for designated health services and other health care items or services made on or after July 1, 1993, provided that with respect to an investment interest acquired by an investor before July 1, 1993, Code Section 43-1B-4 shall not apply to referrals for designated health services and other health care items or services occurring before July 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representative Mueller of the 152nd moves to amend the Committee substitute to HB 920 as follows:

MONDAY, MARCH 8, 1993

1675

After 1995 on line 17 add Sec. 3. This act shall be repealed on July 1, 1998.
Renumber Sec. 3 to Sec. 4.

Representative Johnson of the 153rd moves to amend the Committee substitute to HB 920 as follows:
On page 2, line 20, add "and" before "pharmaceutical services". Place a period after "services".
Delete "and outpatient surgical services" on lines 20 & 21.

Representative Reichert of the 126th moves to amend the Committee substitute to HB 920 as follows:
Page 5, line 21 - 22 delete "Except for the purposes of Code Section 43-1B-5,".

The following amendment was read and adopted:
Representative Childers of the 13th moves to amend the Committee substitute to HB 920 on page 5, lines 6, 7 and 8 by striking them in their entirety and placing in lieu thereof the following:
"(10) 'Physician' for purposes of this Chapter, means an individual who is licensed to practice medicine under Chapter 34 of this title or to practice chiropractic under Chapter 9 of this title."
The following amendment was read:
Representative Skandalakis of the 45th moves to amend the Committee substitute to HB 920 as follows:
On page 5, lines 6, 7 and 8 by striking them in their entirety and placing in lieu thereof the following:
"(10) "Physician" for purposes of this Chapter, means any person or entity who is licensed, certified or registered to provide health care or health care services under this Code."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron
Barnes N Bates N Benefield
Birdsong N Bordeaux N Bostick N Breedlove N Brooks,D
Brooks,T N Brown N Buck N Buckner

Y Bunn Y Burkhalter N Byrd Y Campbell Y Canty N Carlisle N Carrell Y Carter Y Cauthorn N Chambless N Chandler N Channel! N Childers
Clark Y Coker Y Coleman.B N Coleman.T
Colwell N Connell

N Cox Y Crawford Y Crews N Culbreth N Cummings N Davis.G N Davis,M N Dickinson N Dix N Dixon.H N Dixon.S N Dobbs N Dover N Ehrhart N Epps Y Evans Y Felton N Floyd,J.M N Floyd,J.W

N Godbee Golden
Y Goodwin Greene
N Groover N Hammond N Manner N Harris.B Y Harris,M N Hart Y 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 Y Johnson,J Y Johnston
Jones Y Joyce N Kaye N Kinnamon Y Klein Y Ladd Y Lakly N Lane.D N Lane,R Y Lawrence

1676

JOURNAL OF THE HOUSE,

N Lawson NLee Y Lewis
NLord Lucas
Y Maddox E Mann N Martin Y McBee N McClinton Y McKinney.B
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 Y Patten N Pelote N Perry Y Pinholster
Poag N Polak N Porter N Poston N Powell N Purcell

N Randall N Randolph
NRay Y Reaves N Reichert N Roberts
Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis N Skipper N Smith.C N Smith.L

N Smith,? Smith.T
Y Smith,V Y Smith,W N Smyre NSnow N Stancil.F E Stancil.S N Stanley.L Y Stanley.P Y Stephenson N Streat N Taylor N Teague N Teper
N Thomas.C Tillman

N Titus Y Towery Y Trense N Turnquest
Twiggs Y Vaughan N Walker Y Wall N Watson N Watts Y Westmorland N White Y Williams,B Y WiUiams.R N Yates N Yeargin
Murphy ,Spkr

On the adoption of the amendment, the ayes were 47, nays 115. The amendment was lost.

The following amendment was read and lost:

Representative Skandalakis of the 45th moves to amend the Committee substitute to HB 920 as follows:
Delete on page 10, line 28, page 10, line 33, page 11, line 17 the date "July 1, 1995" and place in lieu thereof the date "July 1, 1996.

The following amendment was read:

Representative Randall of the 127th moves to amend the Committee substitute to HB 920 by adding on page 8, line 27, a new subparagraph 43-lB-4(2)(D), as follows:
"(D) There is a demonstrated need in the community for the facility or service and there are not other reasonably available sources of financing for the construction or operation of such a facility in such a community. Demonstrated need may include the lack of any other facility of adequate quality or when the use of an existing facility is too onerous or creates a hardship for the patient, including, but not limited to, travel distance or time, or undue delay in receiving services, if the facility is found to replace outdated or obsolete hospital equipment in federally designated health manpower shortage areas, or for any other approved reason and alternative financing is not available. Such a determination shall be made upon application by the physician investor, by the Division of Public Health of the Department of Human Resources."

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

Y Ashe N Atkins Y Bailey
Baker N Bannister N Barfbot Y Bargeron
Barnes N Bates N Benefield N Birdsong N Bordeaux
Bostick N Breedlove N Brooks.D

Brooks.T Y Brown NBuck
N Buckner Y Bunn N Burkhalter
NByrd Y Campbell Y Canty Y Carlisle N Carrell Y Carter Y Cauthorn N Chambless N Chandler

N Channel! N Childers
Clark N Coker N Coleman.B N Coleman.T
Colwell Y Connell NCox N Crawford
Crews Y Culbreth N Cummings Y Davis.G N Davis.M

N Dickinson NDix N Dixon,H N Dixon,S NDobbs N Dover N Ehrhart YEpps N Evans Y Pelton N Ployd,J.M N Floyd,J.W
NGodbee Golden
Y Goodwin

Y Greene N Groover N Hammond N Manner N Harris,B
Harris,M YHart Y Heard N Hegstrom N Hembree N Henson Y Holland N Holmes Y Howard N Hudson

MONDAY, MARCH 8, 1993

1677

N Hughes Y Hugley Y James N Jamieson N Jenkins
Johnson.D.H Y Johnson.E N Johnson.G N Johnson,J N Johnston
Jones Y Joyce N Kaye N Kinnamon Y Klein Y Ladd N Lakly N Lane,D N Lane.R Y Lawrence N Lawson

N Lee N Lewis N Lord Y Lucas N Maddox E Mann N Martin N McBee Y McClinton Y McKinney,B
Milam N Mills Y Mobley.B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal N Orrock N Padgett

N Parham N Parrish Y Patten Y Pelote N Perry Y Pinholster
Poag N Polak N Porter N Poston Y Powell Y Purcell Y Randall N Randolph Y Ray N Reaves Y Reichert Y Roberts
Royal N Scoggins N Shanghai)

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

On the adoption of the amendment, the ayes were 58, nays 103. The amendment was lost.

Y Teague N Teper Y Thomas.C
Tillman N Titus N Towery N Trense N Turnquest
Twiggs Y Vaughan N Walker Y Wall N Watson N Watts N Westmoreland Y White N Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

Representative Vaughan of the 34th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendments were read and adopted:

Representatives Murphy of the 18th, Smith of the 169th and Purcell of the 147th move to amend the Committee substitute to HB 920 by striking from line 18 of page 6 the figure "75" and inserting in lieu thereof the figure "100".

Representative Skipper of the 137th moves to amend the Committee substitute to HB 920 by inserting on line 18 of page 10, between the word "choice" and the symbol ",", the following:
"unless otherwise restricted by law".
By striking lines 3 through 9 of page 11 and inserting in lieu thereof the following:
"43-1B-6. A physician may not charge an amount for health care services rendered by an entity outside of that physician's practice which exceeds 5 percent of the entity's retail price for those services.'"

The Committee substitute, as amended, was adopted.

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

N Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield

Y Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks.D
Brooks.T Y Brown N Buck Y Buckner Y Bunn

Y Burkhalter N Byrd Y Campbell N Canty Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler

Y Channel! Y Childers Y Clark Y Coker Y Coleman.B N Coleman.T Y Colwell Y Connell Y Cox Y Crawford

N Crews N Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson N Dix N Dixon.H Y Dixon.S Y Dobbs

1678

JOURNAL OF THE HOUSE,

Y Dover Y Ehrhart Y Epps
N Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee
Golden N Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris,M Y Hart
Y Heard YHegstrom Y Hembree
Y Henson Y Holland Y Holmes
Y Howard Y Hudson Y Hughes

N 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 Y Kaye Y Kinnamon Y Klein Y Ladd N Lakly Y Lane,D
Y Lane,R Y Lawrence Y Lawson
Y Lee Y Lewis Y Lord
N Lucas N Maddox E Mann

Y Martin Y McBee Y McClinton
N McKinney.B Milam
Y Mills Y Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
N Patten Y Pelote Y Perry
N Pinholster Poag
Y Polak
Y Porter Y Poston Y Powell

Y Purcell Y Randall Y Randolph
Y Ray N 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 Y Smith,P N Smith.T
N Smith,V Y Smith.W N Smyre
Y Snow Y Stancil,F E Stancil.S

N Stanley.L N Stanley,? Y Stephenson
N Streat N Taylor N Teague Y Teper Y Thomas.C
Tillman Y Titus Y Towery N Trense N Turnquest Y Twiggs Y Vaughan Y Walker N Wall
Y Watson Y Watts N Westmoreland
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 132, nays 38.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Brooks of the 54th 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 Barnes of the 33rd 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 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 Annotated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for blueberry plants growing in this 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:

N Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates
N Benefield Y Birdsong N Bordeaux
Y Bostick Y Breedlove Y Brooks,D
Brooks.T

N Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter N Cauthorn
Chambless Y Chandler Y Channell Y Childers

Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell Y Connell Y Cox N Crawford Y Crews
Y Culbreth Y Cummings Y Davis.G
Y Davis.M Y Dickinson N Dix Y Dixon.H

Y Dixon,S Dobbs
Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y FloydJ.M Y FloydJ.W
Godbee Golden Goodwin
Y Greene Y Groover Y Hammond
Hanner

Y Harris.B Y Harris.M N Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
N Howard Y Hudson Y Hughes
Y Hugley Y James
Jamieson Y Jenkins

MONDAY, MARCH 8, 1993

1679

Johnson,D.H N Johnson.E Y Johnson,G
Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly Y Lane,D Y Lane,R
Lawrence Y Lawson NLee 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 N Moore
Y Mosley Y Mueller N Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten

N Pelote N Perry Y Pinholster YPoag Y Polak Y Porter
Poston Powell Y Purcell Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skandalakis Y Skipper N Smith,C Y Smith.L
Smith,P Y Smith,T Y Smith,V
Smith,W YSmyre YSnow
Stancil.F E Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague

NTeper Y Thomas,C
Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan N Walker N Wall
Watson Y Watts Y Westmoreland Y White Y Williams,B
Y Williams,R N Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, the ayes were 131, nays 20. 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 "nay" thereon.

Representative Brooks of the 54th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House, having been previously read, was again taken up for consideration:

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.

The following Committee substitute was read:

A BILL
To amend Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to licensing of personal care homes, so as to provide for contracting powers with regard to inspections and other functions concerning such homes; to provide for fees and penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to licensing of personal care homes, is amended by striking subsection (c) thereof and inserting in its place the following:
"(c) Upon the designation by the department tatd with th consent ef county beards ef- health, 9efe beards may act as agents te th department performing inspections ftfiu otricp flutfiorizcQ iunctions re^flrdm^ pcFson&i core IIOIQ & licensed uncleP tins cftflp tefr With approval ef the department, county boards ef- health may establish inspection fees te defray part ef the eeste ef- inspections performed fer the department. The department shall contract with community action agencies to act as agents of the department

1680

JOURNAL OF THE HOUSE,

in performing inspections and other authorized functions regarding personal care homes licensed under this chapter, except such homes owned or operated by such agencies. The department shall establish training programs for such agencies to enable them to perform such functions. Any action to revoke a license of or take other disciplinary action against a personal care home based upon the performance of such functions by such agencies shall be instituted by the department."
Section 2. Said Code section is further amended by adding at the end thereof the following:
"(f) The fees for licenses of personal care homes shall be determined according to the number of beds available for persons who will be provided assistance with activities of daily living or instrumental activities of daily living in such homes as follows: 6 beds or less .......................................................................................................................$ 250.00 7-15 beds............................................................................................................................. 500.00 16 beds or more.................................................................................................................. 750.00 Such fees shall apply only to licenses granted at any time following the six-month period after this subsection becomes effective. Any home operated after that six-month period without obtaining the license required shall be required to pay the license fee applicable to that home as well as a penalty equal to the amount of such fee."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Carrell of the 87th moves to amend the Committee substitute to HB 848 by striking lines 3 and 4 of page 1 and inserting in their place the following:
"homes, so as to".
By striking lines 10 through 27 of page 1 and lines 1 through 4 of page 2 and inserting in their place the following:
"care homes, is amended by".
By striking "Section 3" from line 21 of page 2 and inserting "Section 2".

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

N Ashe Y Atkins Y Bailey N Baker N Bannister Y Barfoot
Bargeron N Barnes N Bates Y Benefield Y Biidsong N Bordeaux N Bostick N Breedlove Y Brooks,D
Brooks.T N Brown NBuck Y Buckner N Bunn Y Burkhalter NByrd
Campbell N Canty Y Carlisle
Y Carrell

N Carter N Cauthorn Y Chambless N Chandler
Channel! Y Childers Y Clark Y Coker N Coleman.B
Coleman.T Y Colwell
Connell NCox Y Crawford N Crews N Culbreth Y Cummings N Davis,G N Davis.M N Dickinson YDix N Dixon,H
Dixon.S NDobbs YEssvsr Y Ehrhart

N Epps Evans
N Felton Floyd,J.M
N Floyd,J.W Godbee Golden Goodwin
N Greene N Groover N Hammond Y Manner Y Harris.B
Y Harris.M NHart N Heard N Hegatrom N Hembree Y Henson Y Holland Y Holmes N Howard Y Hudson Y Hughes N Hugley N James.

Y Jamieson Jenkins
N Johnson,D.H N Johnson,E N Johnson.G Y Johnson.J N Johnston
Jones Y Joyce
Kaye
Y Kinnamon Y Klein NLadd Y Lakly Y Lane,D Y Lane.R N Lawrence N Lawson YLee Y Lewis YLord N Lucas Y Maddox E Mann N Martin Y McBee

N McClinton McKinney,B
Y Milam N Mills N Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller
N Oliver N O'Neal
N Orrock Y Padgett Y Parham N Parrish
Patten N Pelote Y Perry Y Pinholster
Poag N Polak N Porter
Poston Y Powell N Purcell
N Randall

MONDAY, MARCH 8, 1993

1681

N Randolph NRay Y Reaves
Reichert Roberts N Royal N Scoggins Y Shanahan N Sherrill Y Shipp

Y Simpson N Sinkfield N Skandalakis
Skipper N Smith.C N Smith,L Y Smith.P
N Smith.T N Smith.V
N Smith.W

N Smyre YSnow Y Stancil,F E Stancil,S N Stanley.L N Stanley,? Y Stephenson Y Streat N Taylor N Teague

N Teper N Thomas.C N Tillman N Titus Y Towery N Trense N Turnquest Y Twiggs Y Vaughan N Walker

N Wall N Watson
Watts Y Westmoreland Y White N Williams.B Y Williams.R Y Yates
Yeargin Murphy ,Spkr

On the adoption of the amendment, the ayes were 66, nays 87. The amendment was lost.

Representatives Holmes of the 53rd and White of the 161st stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following amendment was read and lost:

Representative Carrell of the 87th moves to amend the Committee substitute to HB 848 by striking "$250.00" and inserting "$125.00" on line 11 of page 2, by striking "500.00" and inserting "250.00" on line 12 of page 2, and by striking "750.00" and inserting "375.00" on line 13 of page 2.

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:

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

N Coker Y ColemanJB Y Coleman.T N Colwell Y Connell NCox N Crawford N Crews
Culbreth N Cummings Y Davis.G N Davis.M Y Dickinson
NDix Y Dixon.H N Dixon.S Y Dobbs N Dover N Ehrhart YEpps N Evans
Felton N Floyd,J.M Y Floyd,J.W Y Godbee
Golden Good win Y Greene Y Groover
N Hammond Y Manner 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 Y Jamieson Y Jenkins Y Johnson.D.H N Johnson.E N Johnson.G N Johnson,J Y Johnston
Jones N Joyce N Kaye Y Kinnamon N Klein NLadd N Lakly N LaneJD N Lane.R Y Lawrence N Lawson YLee N Lewis NLord

Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B N Milam N Mills Y Mobley.B Y Mobley,J N Moore N Mosley N Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham N Parrish
Patten N Pelote N Perry N Pinholster
Poag YPolak Y Porter
Poston Powell Y Purcell YRandall Y Randolph YRay

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

1682

JOURNAL OF THE HOUSE,

Y Trense Y Turnquest N Twiggs

N Vaughan Y Walker YWall

Y Watson Y Watts N Westmoreland

Y White Y Williams.B N Williams,R

N Yates Yeargin Murphy ,Spkr

On the passage of the Bill, by substitute, the ayes were 89, nays 73. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Lucas of the 124th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 848.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Y Connell NCox
Y Crawford Y Crews
Culbreth Y Cummings Y Davis.G
Y Davis.M Y Dickinson NDix Y Dixon.H
Y Dixon,S Y Dobbs Y Dover
N Ehrhart YEpps N Evans Y Felton
Y FloydJ.M Y Floyd,J.W YGodbee
Golden Goodwin Y Greene Y Groover N Hammond Y Banner N Harris.B N Harris.M NHart 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 N Johnson.G N Johnson^} Y Johnston
Jones N Joyce NKaye Y Kinnamon N Klein
YLadd N Lakly Y Lane.D N Lane.R Y Lawrence N Lawson
YLee N Lewis
YLord Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B N Milam N Mills

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

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

On the motion, the ayes were 113, nays 52. The motion prevailed.

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

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.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Insurance:

MONDAY, MARCH 8, 1993

1683

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.

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

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, 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.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend HB 690 as follows: Page 1 - Line 19 Strike $10,000.00 and insert $5,000.00.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the 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 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 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
Y Felton Y Floyd,J.M Y Floyd,J.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
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 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 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 YPoag Y Polak 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 YSmyre YSnow Y Stancil.F E Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague
Teper Y Thomas.C
Tillman Y Titus Y Towery

1684

JOURNAL OF THE HOUSE,

Y Trense Y Tumquest 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, 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.

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.

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 regulate unfair or deceptive practices toward the elderly; to provide for definitions; to provide for civil penalties; to provide for determination of civil penalties; to provide for a cause of action; to provide for education initiatives; to provide for referrals; to provide for inherent power; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding at the end thereof a new article to read as follows:
"ARTICLE 31
10-1-850. As used in this article, the term: (1) 'Disabled person' means a person who has a physical or mental impairment
which substantially limits one or more of such person's major life activities. As used in this paragraph, 'physical or mental impairment' means any of the following:
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and
(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness. (2) 'Elder person' means a person who is 60 years of age or older. (3) 'Major life activities' includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (4) 'Substantially limits' means interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, or sprains or minor injuries.

MONDAY, MARCH 8, 1993

1685

10-1-851. When any person who is found to have conducted business in violation of Articles 15, 17, and 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each violation.
10-1-852. In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present:
(1) Whether the defendant's conduct was in disregard of the rights of the elder or disabled persons;
(2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or disabled person;
(3) Whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;
(4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following:
(A) Mental or emotional anguish; (B) Loss of or encumbrance upon a primary residence of the elder or disabled person; (C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income; (D) Loss of funds received under a pension or retirement plan or a government benefits program; (E) Loss of property set aside for retirement or for personal or family care and maintenance; or (F) Loss of assets essential to the health and welfare of the elder or disabled person; or (5) Any other factors the court deems appropriate. 10-1-853. An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to this article. 10-1-854. The Attorney General shall develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, the 'Uniform Deceptive Trade Practices Act,' the penalties for violations of such Act, and the remedies available for victims of such violations. 10-1-855. The Attorney General shall establish and maintain referral procedures with the Council on Aging within the Department of Human Resources in order to provide any necessary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article. 10-1-856. Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.'"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

1686

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
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 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 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
Good win Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris.M YHart
Heard Y Hegstrom Y Hembree
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 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 Martin
YMcBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley,B Y Mobley,J Y Moore
Mosley Y Mueller Y Oliver
Y O'Neal YOrrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
YPoag YPolak Y Porter
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 Y Smith.T
Y Smith,V Y Smith.W YSmyre YSnow Y Stancil,F
E Stancil,S Y Stanley,L Y Stanley,P
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 YWall Y Watson
Y Watts Y Westmoreland
White Y Williams,B Y Williams.R Y Yates
Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Jenkins of the 110th 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 Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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.

Representative Barnes of the 33rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 557 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

MONDAY, MARCH 8, 1993

1687

Representatives Barnes of the 33rd, Towery of the 30th and Coker of the 31st.

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

HB 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 prefiling 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.

The following Committee substitute was read and adopted:

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 provide for the preliminary assignment of such matters to committees and consideration of the same by such committees; to provide for the unofficial status of such matters, as opposed to actions officially taken during legislative sessions; 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 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code Section 28-1-16 to read as follows:
"28-1-16. (a) The purpose of this Code section is to establish an administrative procedure for the prefiling of proposed bills and resolutions prior to the convening of each legislative session. The purposes of such procedure shall include:
(1) Allowing, but not requiring, the author of a measure which he or she intends to introduce in the General Assembly to make the members of the General Assembly and the general public aware of the existence and contents of such proposed measure;
(2) Allowing, but not requiring, the presiding officers of the Senate and House of Representatives to indicate the committees to which they intend to assign such proposed measures if and when they are officially introduced; and
(3) Allowing, but not requiring, standing committees so selected to begin informal consideration of such proposed measures. (b) During the period which begins on November 15 of each calendar year and ends on the Friday before the second Monday in January of the following calendar year, bills and resolutions considered for introduction in the General Assembly may be prefiled with the Secretary of the Senate and the Clerk of the House as authorized in this Code section. Such measures may be so prefiled with the Secretary of the Senate by any one or more Senators who will be eligible to consider the measure when introduced. Such measures may be so prefiled with the Clerk of the House by any one or more Representatives who will be eligible to consider the measure when introduced. The prefiling of a measure shall not constitute the official introduction of a bill or resolution, and a bill or resolution may be officially introduced only during a legislative session. (c) When any one or more authors of a proposed measure desire to prefile the proposed measure, they shall obtain copies of the same from the Office of Legislative Counsel, prepared in a form to indicate their status as measures to be prefiled, and shall prefile the same with the Secretary of the Senate or the Clerk of the House in such manner as may be prescribed by the Secretary or the Clerk.

1688

JOURNAL OF THE HOUSE,

(d) Neither the prefiling of a proposed measure by the author, an indication of intention to assign a proposed measure to a committee by a presiding officer, nor the informal consideration of a proposed measure by a committee shall be binding or have official status as the introduction, assignment to committee, or committee consideration of a measure; and all of such actions may officially be taken only after the convening of a session of the General Assembly.
(e) Upon receipt of a profiled bill or resolution, the Secretary or Clerk shall assign to the proposed measure an identifying number. The Secretary and Clerk may develop numbering systems which will allow prefiled measures to be identified by a number corresponding to the bill or resolution number which will be assigned to the same measure when and if it is officially introduced during the legislative session.
(f) Following receipt of a prefiled measure, the Secretary or Clerk shall notify the presiding officer of the Senate or House, and such presiding officer may make a preliminary assignment of the measure to a standing committee for consideration by the committee. Such a preliminary assignment shall not constitute the official assignment of an officially introduced bill. Such official assignment of a bill or resolution may take place only following the official introduction of the bill or resolution during the legislative session. Such a preliminary assignment shall in no manner be binding upon the presiding officer, and the official assignment of a bill or resolution after its official introduction may be made without regard to any preliminary assignment of the proposed measure.
(g) Upon the preliminary assignment of a bill or resolution, the committee to which the same is assigned may commence consideration of the proposed measure and the issues addressed therein, but the committee shall have no power to take any official action with respect to such a proposed measure until after its official introduction and assignment to the committee.
(h) All measures prefiled under this Code section and the preliminary assignment of the same shall be matters of public record and shall be made available to the public."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y 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 Y Cauthorn
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 YOU Y DUon,H Y Diion,S Y Dobbs Y Dover
Y Ehrhart YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee

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 Y Henson Y Holland Y Holmes
Howard
Y Hudson Y Hughes N 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 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 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 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

MONDAY, MARCH 8, 1993

1689

Y Smith.L Y Smith.P Y Smith.T Y Smith,V Y Smith,W Y Smyre Y Snow

Y Stancil.F E Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat N Taylor

Teague Y Teper Y Thomas.C
Tillman Y Titus Y Towery
Trense

Turnquest N 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 160, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Trense of the 44th 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 482. By Representatives Bhrhart 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.

The following Committee substitute was read and withdrawn:

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 regard to policies of workers' compensation, insurance cancellation and nonrenewal notice requirements shall be satisfied by the dispatching of the notice by certified mail, return receipt requested; 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; to provide for notice; to provide for certain exceptions; to provide for a procedure where proper notice has not been provided; to provide for nonapplicability in certain cases; to provide for cancellation by the insured; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking subsection (d) of Code Section 33-24-44, relating to the cancellation of insurance policies generally, in its entirety and inserting in its place a new subsection (d) to read as follows:
"(d) (1) When Except as otherwise provided in paragraph (2) of this subsection with regard to policies of workers' compensation insurance, when a policy is canceled for failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums for a policy or any installment of premiums due, whether payable directly to the insurer or indirectly to the agent, or when a policy that has been in effect for less than 60 days is canceled for any reason, the notice requirements of this Code section may be satisfied by delivering or mailing written notice to the named insured and any lienholder, where applicable, at least ten days prior to the effective date of cancellation in lieu of the number of days' notice otherwise required by this Code section.
(2) With regard to policies of workers' compensation insurance, the notice requirements of paragraph (1) of this subsection shall be satisfied only by the dispatching

1690

JOURNAL OF THE HOUSE,

of such notice by certified mail, return receipt requested. The insurer shall retain the receipt provided by the United States Postal Service as evidence of mailing such notice."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 33-24-47, relating to notices required of termination of certain insurance policies, increases in premium rates, or changes restricting coverages, and inserting in its place a new subsection (b) to read as follows:
"(b) (1) A Except as provided in paragraph (2) of this subsection for policies of workers' compensation insurance, a notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premium rates, other than an increase in premium rates due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy. In those instances where an increase in premium exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
(2) With regard to the cancellation and nonrenewal of policies of workers' compensation insurance, the notice requirements of paragraph (1) of this subsection shall be satisfied only by the dispatching of such notice by certified mail, return receipt requested. The insurer shall retain the receipt provided by the United States Postal Service as evidence of mailing such notice."
Section 3. Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of compensation liability in general, is amended by adding a new Code section at the end thereof to read as follows:
"34-9-138. (a) Each workers' compensation insurer licensed to transact business in this state which issues or issues for delivery in this state workers' compensation policies or contracts of insurance insuring employees in this state and insuring against liability for loss of, damage to, or injury to persons shall comply with the provisions of this Code section. Cancellation of a policy for failure of the named insured to discharge when due any obligations in connection with the payment of premiums or cancellation for any reason of a policy that has been in effect for less than 60 days shall be governed by the provisions of Code Section 33-24-44.
(b) A notice of termination, including a notice of cancellation or nonrenewal, by the workers' compensation insurer, a notice of an increase in premium rates, other than an increase in premium rates due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 90 days prior to the termination date of such policy. In those instances where an increase in rate exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The workers' compensation insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
(c) The failure of a workers' compensation insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to purchase, under the same premium rate and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termination date of such policy; provided, however, that the policyholder shall tender the premium amount, computed on a pro rata basis, to the workers' compensation insurer on or before the termination date. No provision of this

MONDAY, MARCH 8, 1993

1691

Code section shall be construed as requiring the insurance coverage under a policy to be extended for more than 30 days from the termination date stated in such policy. There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the Commissioner's employees or against any workers' compensation insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing to the workers' compensation insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing information pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith.
(d) This Code section shall not apply to policies canceled in accordance with the provisions of Chapter 22 of Title 33.
(e) Cancellation by the insured shall be accomplished in accordance with Code Section 33-24-44.1."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Ehrhart of the 36th was read:

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, certain insurance cancellation or nonrenewal notice requirements shall be satisfied by the dispatching of the notice by certified mail, return receipt requested; to provide for the time of the dispatching of such notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Small Business Protection Act of 1993."
Section 2. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking Code Section 33-24-47, relating to notices of termination, increases in premium rate, or changes restricting coverage, and inserting in its place a new Code Section 33-24-47 to read as follows:
"33-24-47. (a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance insuring risks or residents in this state and insuring against liability for loss of, damage to, or injury to persons or property shall comply with the provisions of this Code section. This Code section shall not apply to personal automobile or personal property and casualty insurance policies. Cancellation of a policy for failure of the named insured to discharge when due any obligations in connection with the payment of premiums or cancellation for any reason of a policy that has been in effect for less than 60 days shall be governed by the provisions of Code Section 33-24-44.
(b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premium rates, other than an increase in premium rates due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy] provided, however, that a notice of cancellation or nonrenewal of a policy of workers' compensation insurance shall be controlled by the provisions of subsection (f) of this Code section. In those instances where an increase in premium exceeds 15 percent, the

1692

JOURNAL OF THE HOUSE,

notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
(c) The failure of an insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to purchase, under the same premium rate and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termination date of such policy; provided, however, that the policyholder shall tender the premium amount, computed on a pro rata basis, to the insurer on or before the termination date. No provision of this Code section shall be construed as requiring the insurance coverage under a policy to be extended for more than 30 days from the termination date stated in such policy. There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or his the Commissioner's employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing information pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith.
(d) This Code section shall not apply to policies canceled in accordance with the provisions of Chapter 22 of this title.
(e) Cancellation by the insured shall be accomplished in accordance with Code Section 33-24-44.1.
(f) A notice of cancellation or nonrenewal of a policy of workers' compensation insurance shall be dispatched to the insured by certified mail, return receipt requested, to the last address of record of the insured at least 75 days prior to the termination date of such policy. The workers' compensation insurer shall retain the receipt provided by the United States Postal Service as evidence of mailing."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Bordeaux of the 151st and Ehrhart of the 36th move to amend the Floor substitute to HB 482 as follows:
On page 2, lines 10 and 11, change the term "premium rates" to the word "premiums" at each place where it occurs; and
On page 3, line 1, change the term "premium rate" to the word "premiums".

The Floor substitute, as amended, was adopted.

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

Y 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 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 Coi Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M

MONDAY, MARCH 8, 1993

1693

Y Dickinson Y Dix 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 YGodbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M Y Hart N Heard Y Hegstrom
Y Hembree Henson
Y Holland

Y Holmes Y Howard Y Hudson Y Hughes N Hugley Y James
Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston
Jones 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 N 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
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 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

E 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 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, by substitute, as amended, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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-

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 114, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
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 Annotated, relating to enrollment counts, so as to change which courses may be counted.
The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 810. By Representative Jenkins of the 110th:
A bill to amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to amend definitions; to clarify procedures for adopting a zoning ordinance.

1694

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 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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 classification of employment for the purposes of unemployment compensation or workers' compensation independent contract carriers who transport, assemble, deliver, or distribute printed materials, for magazine, newspaper, and other publishers, or persons who buy a product and resell it, receiving no other compensation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

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; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end thereof a new Chapter 10 to read as follows:
"CHAPTER 10
35-10-1. As used in this chapter, the term: (1) 'Agency' means a law enforcement agency or other agency of any county,
municipality, or other political subdivision of the state which employs law enforcement officers, except that such term shall not include a sheriffs office of any county.
(2) 'Law enforcement officer' or 'officer' means any peace officer as defined in paragraph (8) of Code Section 35-8-2 who is certified by the Georgia Peace Officer Standards and Training Council, except that such term shall not include any sheriff or deputy sheriff in any county of this state. 35-10-2. Each agency shall establish minimum procedures to ensure that any officer is afforded due process of law prior to the imposition of any disciplinary action against

MONDAY, MARCH 8, 1993

1695

said officer. Such procedures shall include, as a minimum, the right to a hearing before a fair and impartial board or hearing officer, the right to be represented, at the expense of said officer, and the right to confront any witnesses testifying against said officer.
35-10-3. Law enforcement agencies currently using an established merit system, agency review board, civilian complaint board, personnel board, or other means of providing due process are exempt from this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Colwell Y Connell YCox N Crawford
N Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S
N Dobbs Y Dover
N Ehrhart YEpps N Evans
Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee N Golden
Goodwin Y Greene Y Groover N Hammond Y Manner 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 N Hugley Y James N Jamieson Y Jenkins
Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein NLadd NLakly Y Lane,D N Lane.R N Lawrence Y Lawson N Lee Y Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee N McClinton Y McKinney,B Y Milam N Mills

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

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

On the passage of the Bill, by substitute, the ayes were 103, nays 56.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Bailey of the 93rd, Benefield of the 96th, Buckner of the 95th and Lee of the 94th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Snow of the 2nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" 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.

1696

JOURNAL OF THE HOUSE,

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 Annotated, relating to registration of dealers and cemeteries, so as to provide that any nonperpetual care cemetery which is historical and is operated for nonprofit purposes shall be exempt from registration; to provide an exception.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

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 a state lien; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, is amended by striking Code Section 48-2-58, relating to release of property subject to a state tax lien, and inserting in its place a new Code Section 48-2-58 to read as follows:
"48-2-58. (a) The commissioner, upon the taxpayer's providing security sufficient to protect the state's interest and with the consent of the Attorney General, may release some or all of the property of a taxpayer which is subject to a state tax lien when the legality of the assessment which is the basis of the lien is being litigated.
(b) The commissioner may release or subordinate all or any portion of the property subject to a state tax lien if the commissioner determines that the tax, interest, and penalties are sufficiently secured by a lien on other property or through other security or that the release, partial release, or subordination of such lien will not endanger or jeopardize the collection of amounts due."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 2.
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:

MONDAY, MARCH 8, 1993

1697

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

SR 276. 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 276. 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 General Assembly shall adjourn at 5:00 P.M. on Wednesday, March 10, 1993, and shall reconvene on Monday, March 15, 1993.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 15 may be as ordered by the Senate; and the hour for convening the House on March 15 may be as ordered by the House.

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

Y 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

Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M
Dickinson YDix Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y FIoyd,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 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
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
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 Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter YPoston Y Powell Y Purcell Y 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

On the adoption of the Resolution, the ayes were 165, nays 1.

Smith.C Y Smith,L Y Smith,P Y Smith,T Y Smith,V Y Smith,W Y Smyre YSnow Y Stancil.F E Stancil,S Y Stanley,L Y Stanley,? N Stephenson Y Streat Y Taylor
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 Y Westmoreland
White Y Williams,B Y Williams.R YYates Y Yeargin
Murphy ,Spkr

1698

JOURNAL OP THE HOUSE,

The Resolution was adopted.

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

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.

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 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; to provide that a court, in determining whether or not to grant alimony, shall consider evidence of any adultery prior to the separation or desertion of either party; to provide for the receipt of evidence by the court; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to child support and alimony generally, is amended by striking Code Section 19-6-1, relating to the definition, authorization, and determination of alimony, in its entirety and inserting in its place a new Code Section 19-6-1 to read as follows:
"19-6-1. (a) Alimony is an allowance out of one party's estate, made for the support of the other party when living separately. It is either temporary or permanent.
{b} A party shall et be entitled te alimony if- it is established by a- preponderance of- the evidence that the separation between the parties was caused by that party's adultety ef desertion, fe aH eases i which alimony is sought, the eettrt shall receive evidence
Or tnC IftCm&l CflUSC Or tuQ 86 p LPfltlOH CVGH tflOU|Jfl OU6 OP DOt-fl Ox ttlC J^CtfblGS fllfly &x9O

{e) (b) In all ether cases in which alimony is sought, alimony is authorized, but is not required, to be awarded to either party in accordance with the needs of the party and the ability of the other party to pay. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the otherj including any adultery prior to the separation or desertion of either party. The court shall also receive evidence of the factual cause of the separation of the parties in all cases in which alimony is sought regardless of the grounds upon which a divorce is sought or granted by the court.
W (c) Should either party die prior to the court's order on the issue of alimony, any rights of the other party to alimony shall survive and be a lien upon the estate of the deceased party.
{} (d) Pending final determination by the court of the right of either party to alimony, neither party shall make any substantial change in the assets of the party's estate except in the course of ordinary business affairs and except for bona fide transfers for value."
Section 2. This Act shall become effective on July 1, 1993, and shall apply to any action for divorce or, if the action is for alimony with no divorce pending, petition for alimony filed on and after July 1, 1993.

MONDAY, MARCH 8, 1993

1699

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

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

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot
Bargeron
Y Barnes Y 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 NByrd N Campbell Y Canty N Carlisle Y Carrell Y Carter Y Cauthorn
N Chambless N Chandler N Channel!
Y Childers N Clark N Coker N Coleman.B Y Coleman,T

N Colwell
Y Connell YCox N Crawford NCrews Y Culbreth N Cummings N Davis,G N Davis.M
Dickinson NDix N Dixon.H N Dixon.S NDobbs N Dover N Ehrhart N Epps N Evans N Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden
Goodwin N Greene Y Groover Y Hammond N Hanner Y Harris.B N Harris,M YHart N Heard Y Hegstrom N Hembree Y Henson N Holland

Y Holmes N Howard Y Hudson N Hughes Y 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 NKaye N Kinnamon Y Klein
NLadd NLakly
N Lane,D N Lane,R N Lawrence N Lawson YLee N Lewis NLord N Lucas N Maddox E Mann Y Martin N McBee Y McClinton N McKinney,B NMilam N Mills

Y Mobley.B N Mobley,J
N Moore N Mosley N Mueller
N Oliver N O'Neal Y Orrock Y Padgett
N Parham N Parrish
Patten N Pelote Y Perry N Pinholster NPoag Y Polak
N Porter N Poston N PoweU N Purcell
YRandall N Randolph
NRay N Reaves N Reichert
Y Roberts Y Royal
Scoggins N Shanahan N Sherrill N Shipp Y Simpson
Sinkfield
N SkandalakU N Skipper

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

On the passage of the Bill, by substitute, the ayes were 56, nays 113. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Baker of the 70th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Stanley of the 50th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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.

1700

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 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 J. B. McNeil, Pastor, First United Methodist Church, Dalton, 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 introduced, read the first time and referred to the committees:
HB 1062. By Representatives Johnston of the 81st, Joyce of the 1st and Hembree of the 98th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to provide for the appointment, qualifications, and duties of a Parents' Committee for each county; to provide for reports and recommendations; to provide that such committee shall be subject to open meetings and open records provisions.
Referred to the Committee on State Planning & Community Affairs.
HB 1063. By Representatives Lakly of the 105th and Westmoreland of the 104th: 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 certain county employees, so as to define certain terms; to provide for employer and employee contributions; to provide for a transfer of service.
Referred to the Committee on Retirement.

TUESDAY, MARCH 9, 1993

1701

HB 1064. By Representatives Bunn of the 74th, Ashe of the 46th, Moore of the 113th and Davis of the 48th:
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 in public schools, so as to require a course of child abuse prevention education for certain students.
Referred to the Committee on Education.

HB 1065. By Representatives Bunn of the 74th and Moore of the 113th:
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 special license plates for persons who are retired reservists.
Referred to the Committee on Motor Vehicles.

HB 1066. By Representatives Johnson of the 153rd, Towery of the 30th, Barnes of the 33rd, Davis of the 60th and Chambless of the 163rd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the period of time within which a certain hearing shall occur after a child has been taken into custody; to change the maximum time for which a child may be incarcerated.
Referred to the Committee on Judiciary.

HB 1073. By Representatives Coker of the 31st and Atkins of the 29th:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests.
Referred to the Committee on Judiciary.

HB 1075. By Representative Childers of the 13th:
A bill to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Anatomical Gift Act," so as to clarify which persons may make anatomical gifts and the conditions relating thereto; to provide for representatives ad litem to make such gifts and the costs, expenses, and procedures relating thereto.
Referred to the Committee on Health & Ecology.

HB 1079. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide a one-year residency requirement for persons qualifying for election as a member of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

1702

JOURNAL OF THE HOUSE,

HB 1080. By Representative Heard of the 89th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for the offenses of carjacking.
Referred to the Committee on Special Judiciary.
HB 1081. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of certain education districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1082. By Representatives Towery of the 30th, Shipp of the 38th, Clark of the 40th, Ehrhart of the 36th, Atkins of the 29th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to vacancy in the office of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1083. By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 153rd, Pelote of the 149th, Johnson of the 148th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the minimum compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1084. By Representatives Burkhalter of the 41st and Skandalakis of the 45th:
A bill to provide a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bonded indebtedness, in the amount of $12,000.00 of the assessed value in 1993 of the homestead for certain residents of the school district whose adjusted gross incomes do not exceed certain amounts and who are 65 years of age or over or disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1085. By Representatives Cauthorn of the 35th, Coker of the 31st, Vaughan of the 34th, Hammond of the 32nd, Atkins of the 29th and others:
A bill to create the Cobb County Elected Officials' Compensation Review Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 433. By Representatives Reaves of the 178th, Buckner of the 95th, Royal of the 164th, Greene of the 158th, Carter of the 166th and others:
A resolution urging the Congressional Delegation of Georgia to recommend that the United States Department of Agriculture assign federal inspectors to the Atlanta Perishables and Equines Center at Hartsfield Atlanta International Airport and to designate the center as an import and export equine facility.
Referred to the Committee on Agriculture & Consumer Affairs.

TUESDAY, MARCH 9, 1993

1703

HR 434. By Representative Kaye of the 37th:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit charitable organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law.
Referred to the Committee on Industry.

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

HB 1088. By Representative Bargeron of the 120th:
A bill to amend an Act creating a new charter for the City of Wadley, 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 1089. By Representatives Bargeron of the 120th, Harris of the 112th and Moore of the 113th:
A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner and the clerk of the Superior Court of Columbia County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1092. By Representative Felton of the 43rd:
A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to change the term of office of the president of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1028
HB 1029 HB 1030 HB 1031
HB 1032

HB 1048
HB 1049 HB 1050 HB 1051
HB 1052

HB W34 HB 1036 HHnoBR 1iiUr0v3oj7os
HHBB 1039 HB 1041 HB 1042 HB 1043 HB 1044 HB 1045 HB 1046 HB 1047

%% ma
*TT"T*J LOob
HB 1058 HB 059 HB 106 HB 1061 HB 1067 HB 1068 HB 1069 HB 1070

1704
HB 1071 HB 1072 HB 1074 HB 1076 HB 1077 HB 1078 HR 422 HR 426 HR 428 HR 436 SB 71 SB 114 SB 163 SB 175 SB 193 SB 203 SB 209 SB 226 SB 231 SB 256 SB 269 SB 273 SB 278 SB 279 SB 282 SB 287 SB 295 SB 296 SB 304 SB 306

JOURNAL OF THE HOUSE,
SB 307 SB 312 SB 314 SB 315 SB 316 SB 317 SB 326 SB 328 SB 335 SB 339 SB 343 SB 355 SB 362 SB 363 SB 364 SB 365 SB 366 SB 373 SB 374 SB 375 SR 158 SR 180 SR 206 SR 211 SR 228 SR 230 SR 231 SR 232 SR 234 SR 250

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 306 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
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 294 Do Pass

TUESDAY, MARCH 9, 1993

1705

Respectfully submitted, /s/ Patten of the 176th
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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 277 Do Pass HB 979 Do Pass HB 1021 Do Pass
HB 1022 Do Pass HB 1035 Do Pass

SB 78 Do Pass SB 96 Do Pass SB 183 Do Pass, by Substitute HB 955 Do Pass

Respectfully submitted, M Lane of the 55th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, MARCH 9, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:
HR 91 Joint Study Commission on Revenue Structure; recreate HR 117 Univ Sys Lab, Equip, Rehab Tech, & Eminent Scholars Endow Committee HR 244 House Communications Technology Study Committee; create
SB 11 Motorized Wheelchair Warranty Act; enact SB 17 Health ins; multiple employer self-insured plan; lie exemption SB 18 Agriculture Dept; assist U. S. Agr Dept in product inspection SB 25 Licensed practical nurses; licensure SB 83 Firemen's Pension; amend provisions SB 88 Speech-language pathologists and audiologists; licensing SB 234 Child Abuse Prevention Panel; name change; amend provisions SB 238 Highways; excess dimensions; wood roof and floor trusses
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COMMITTEE.

Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

1706

JOURNAL OF THE HOUSE,

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".

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

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.

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

HB 1021.

By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act creating a board of commissioners for McDuffie County, so as to require the publication of an annual report relating to certain expenditures and fees.

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

HB 1022.

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 provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.

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

HB 1035.

By Representative Oliver of the 154th:
A bill to amend an Act creating the Board of Commissioners of Evans County, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners.

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

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.

TUESDAY, MARCH 9, 1993

1707

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

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4646), so as to change the compensation of said officer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4646), is amended by striking Section 1 and substituting in lieu thereof the following:
"Section 1. The salary provided in this section for the judge of the probate court shall be his full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, including compensation earned as custodian of vital records or any source for which said judge is entitled heretofore and which he earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The salary of said judge of the probate court shall be $63,550.00 per annum payable monthly out of the funds of Clayton County. In addition, said judge shall receive a salary supplement of $2,400.00 per annum payable in equal monthly installments from county funds for service as election superintendent as provided for in Code Section 15-9-64 of the O.C.G.A."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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 relating thereto.

1708

JOURNAL OF THE HOUSE,

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:

YAshe Y Atkins Y Bailey
Baker Y Bannister
Y Barfoot Bargeron
Y Barnes
Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks,T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty 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 Y Cummings Y Davis,G Y Davis.M Y Dickinson YD Y Dixon.H Y Dixon,S
Dobbs Dover YEhrhart Epps Y Evans
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 YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

Holmes Y Howard Y Hudson Y Hughes Y Hugley
James Jamieson
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 Y Lawson YLee Y Lewis
YLord Y Lucas Y Maddox E 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 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 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.P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas.C
Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmoreland
White Y Williams.B Y Williams.R Y Yates
Yeargin Murphy.Spkr

On the passage of the Bills, the ayes were 148, nays 1. The Bills, having received the requisite constitutional majority, were

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 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:
SB 358. By Senators Perdue of the 18th, Robinson of the 16th, Edge of the 28th and Oliver of the 42nd:
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 authorize the juvenile courts to use supervision fees to provide mediation services; to provide an effective date.

TUESDAY, MARCH 9, 1993

1709

SB 352. By Senators Middleton of the 50th, Marable of the 52nd, Thompson of the 33rd, Perdue of the 18th, Hill of the 4th and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees and certain other employees, so as to provide for such coverage for all such persons.
SB 347. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, so as to authorize the Department of Banking and Finance to establish by rule or as a condition to the approval of articles of incorporation of a special purpose bank certain special conditions; to provide for editorial revision.
SB 346. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, so as to provide that an affiliate transfer shall include a transfer of fiduciary capacities from a bank to an affiliated bank authorized to exercise trust powers; to provide that an affiliated trust company shall include an affiliated bank authorized to exercise trust powers.
SB 367. By Senators Harbison of the 15th, Glanton of the 34th, Kemp of the 3rd, Boshears of the 6th and Ray of the 19th:
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 the issuance of special license plates for retired members of the various branches of the armed forces of the United States; to provide for application procedures, fees, and transfer of such plates.
SB 369. By Senators Perdue of the 18th and Scott of the 36th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to providing secondary school credit for postsecondary courses, so as to change the provisions relating to funding for eligible institutions.
SB 359. By Senator Robinson of the 16th:
A bill to amend Code Sections 7-1-289 and 7-1-290 of the Official Code of Georgia Annotated, relating to security interests which may be pledged by banks and powers of a bank to act as surety or guarantor, Chapter 8 of Title 45, relating to the accounting of public funds, and Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities, so as to provide that a bank may pledge or otherwise grant security interests in its assets to secure deposits of public funds.
SB 342. By Senator Madden of the 47th:
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 definition of a project of the authority; to remove the prohibition on acquisition of encumbered property; to charge tolls, fees, rents, and assessments for use of authority property.

1710

JOURNAL OF THE HOUSE,

SB 371. By Senators Turner of the 8th, Ragan of the llth, Blitch of the 7th, Boshears of the 6th and Kemp of the 3rd:
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 the "Jekyll Island Musical Theatre Festival" as the official state musical theatre of Georgia.

SB 368. By Senators Burton of the 5th, Harbison of the 15th and Glanton of the 34th:
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; to provide for the role, functions, and responsibilities of the State Defense Force.

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

SR 11. By Senators Ragan of the llth, Hemmer of the 49th, Ralston of the 51st, Boshears of the 6th, Middleton of the 50th and others:
A resolution urging the Atlanta Committee for Olympic Games, the Metropolitan Atlanta Olympic Games Authority, and the other Olympic organizing committees to avail themselves of the green industry in Georgia.

SR 109. By Senators Burton of the 5th, Marable of the 52nd and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing.

SR 238. By Senator Thompson of the 33rd:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for an effective date.

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

SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, 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; to provide an effective date.

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

TUESDAY, MARCH 9, 1993

1711

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th, Ragan of the llth and Gillis of the 20th:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.

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

SB 372. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the purchase by the state and its political subdivisions of certain goods, wares, merchandise, and services produced by community based rehabilitation programs and training centers; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available.

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

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.

HB 942. By Representative Streat of the 167th: A bill to provide a new charter for the City of Douglas.

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, formerly 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.

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 magistrates and their selection and compensation.

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

1712

JOURNAL OF THE HOUSE,

SB 379. 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; to provide for an executive director and the powers and duties of such executive director.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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 President has appointed on the part of the Senate the following:
Senators Isakson of the 21st, Thompson of the 33rd and Clay of the 37th.

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

SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, 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; to provide an effective date.
Referred to the Committee on Transportation.

SB 342. By Senator Madden of the 47th:
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 definition of a project of the authority; to remove the prohibition on acquisition of encumbered property; to charge tolls, fees, rents, and assessments for use of authority property.
Referred to the Committee on State Planning & Community Affairs.

SB 346. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, so as to provide that an affiliate transfer shall include a transfer of fiduciary capacities from a bank to an affiliated bank authorized to exercise trust powers; to provide that an affiliated trust company shall include an affiliated bank authorized to exercise trust powers.
Referred to the Committee on Banks & Banking.

TUESDAY, MARCH 9, 1993

1713

SB 347. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, so as to authorize the Department of Banking and Finance to establish by rule or as a condition to the approval of articles of incorporation of a special purpose bank certain special conditions; to provide for editorial revision.
Referred to the Committee on Banks & Banking.
SB 352. By Senators Middleton of the 50th, Marable of the 52nd, Thompson of the 33rd and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees and certain other employees, so as to provide for such coverage for all such persons.
Referred to the Committee on Insurance.
SB 358. By Senators Perdue of the 18th, Robinson of the 16th, Edge of the 28th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize the juvenile courts to use supervision fees to provide mediation services; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SB 359. By Senator Robinson of the 16th:
A bill to amend Code Sections 7-1-289 and 7-1-290 of the Official Code of Georgia Annotated, relating to security interests which may be pledged by banks and powers of a bank to act as surety or guarantor, Chapter 8 of Title 45, relating to the accounting of public funds, and Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities, so as to provide that a bank may pledge or otherwise grant security interests in its assets to secure deposits of public funds.
Referred to the Committee on Banks & Banking.
SB 367. By Senators Harbison of the 15th, Glanton of the 34th, Kemp of the 3rd and others:
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 the issuance of special license plates for retired members of the various branches of the armed forces of the United States; to provide for application procedures, fees, and transfer of such plates.
Referred to the Committee on Motor Vehicles.

SB 368. By Senators Burton of the 5th, Harbison of the 15th and Glanton of the 34th:
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; to provide for the role, functions, and responsibilities of the State Defense Force.
Referred to the Committee on Defense & Veterans Affairs.

1714

JOURNAL OF THE HOUSE,

SB 369. By Senators Perdue of the 18th and Scott of the 36th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to providing secondary school credit for postsecondary courses, so as to change the provisions relating to funding for eligible institutions.
Referred to the Committee on Education.

SB 371. By Senators Turner of the 8th, Ragan of the llth, Blitch of the 7th and others:
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 the "Jekyll Island Musical Theatre Festival" as the official state musical theatre of Georgia.
Referred to the Committee on State Institutions & Property.

SB 372. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the purchase by the state and its political subdivisions of certain goods, wares, merchandise, and services produced by community based rehabilitation programs and training centers; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available.
Referred to the Committee on State Institutions & Property.

SB 379. 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; to provide for an executive director and the powers and duties of such executive director.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 11. By Senators Ragan of the llth, Hemmer of the 49th, Ralston of the 51st and others:
A resolution urging the Atlanta Committee for Olympic Games, the Metropolitan Atlanta Olympic Games Authority, and the other Olympic organizing committees to avail themselves of the green industry in Georgia.
Referred to the Committee on Rules.

SR 109. By Senators Burton of the 5th, Marable of the 52nd and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing.
Referred to the Committee on Rules.

TUESDAY, MARCH 9, 1993

1715

SR 203. By Senators Hill of the 4th, Perdue of the 18th, Taylor of the 12th and others:
A resolution proposing an amendment to the Constitution so as to authorize counties and municipal corporations to enter into contracts for the purpose of sharing proceeds of ad valorem taxes assessed and collected on real property located in such county or municipal corporation with other counties or municipal corporations with which the assessing county or municipal corporation has contracted; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

SR 238. By Senator Thompson of the 33rd:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs.

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

HR 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 Committee.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
Bargeron Y Barnes
Bates Y Benefield
Birdsong Bordeaux Y Bostick Breedlove
Y Brooks.D Brooks.T
Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
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
Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis.G
Y Davis.M Y Dickinson Y Dix
Dixon.H Y Dixon.S
Dobbs Dover Y Ehrhart Y Epps 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 Y Hart Y Heard Y Hegstrom Y 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 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
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 Pinholster Y Poag Y Polak Porter
Y Poston Y Powell
Y Purcell Randall
Y Randolph Y Ray
Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp

1716

JOURNAL OF THE HOUSE,

Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith.P
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
Tillman Y Titus

Y Towery Y Trense
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 adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Henson of the 65th, Holmes of the 53rd, Perry of the llth 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.

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.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 117 by striking "ten" on Line 1 page 3, and inserting lieu thereof the word "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 ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 Annotated, 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.

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 Bargeron Y Barnes Bates
Benefield Birdsong 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

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 Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M
Y Dickinson Y Dii
Dixon.H

Y Dixon,S Dobbs Dover
Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y FloydJ.W
Godbee Y Golden
Goodwin

TUESDAY, MARCH 9, 1993

1717

Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M YHart
Heard Y Hegstrom Y 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 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 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 Y 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
Smith.T Y Smith, V
Smith.W Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley,L Y Stanley,?

Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas.C
Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan 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 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Bailey of the 93rd, Heard of the 89th, Henson of the 65th, Holmes of the 53rd 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.

SB 83. By Senator Walker of the 22nd:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, 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.

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
Barfoot Bargeron Y Barnes Bates Y Benefield Birdsong Y Bordeaux Bostick Y Breedlove Y Brooks.D Brooks.T Y Brown YBuck Y Buckner 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
Colwell Y 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 Dover
Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M
Y Floyd,J.W Godbee
Y Golden Good win
Y Greene Y Groover Y Hammond

Y Banner 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
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 McClinton

1718

JOURNAL OF THE HOUSE,

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
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
Y Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,P
Smith.T Y Smith,V
Smith, W

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
Tillman Y Titus Y Towery

Y Trense
Turnquest Twiggs Y Vaughan Walker Y Wall Y Watson Y Watts Y Westmoreland White Y Williams.B Y Williams.R Y Yates Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Henson of the 65th 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.

Representative Campbell of the 42nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SB 25. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Article 2 of Chapter 26 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 issuance of licenses and requirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary permits.

The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend SB 25 by adding before the period on line 11 of page 6 and before the period on line 9 of page 7 the following:
"t but in no event shall such a temporary permit be issued to an applicant who has failed to pass the required examination".

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
Bargeron Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux
Bostick N Breedlove

Y Brooks.D
Brooks.T Brown
Y Buck N Buckner Y Bunn N Burkhalter Y Byrd
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 Cox
Crawford N Crews Y Culbreth

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

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

TUESDAY, MARCH 9, 1993

1719

Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley N 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 NLadd N 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 Miiam 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 YRandall Y Randolph YRay
Reaves
Y Reichert Y Roberts Y Royal

Y Scoggins Shanahan
Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper Y Smith.C Y Smith,L
Smith,? Smith.T 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 Y Teague Y Teper Y Thomas.C
Tillman
Y Titus Y Towery
N Trense Y Turnquest
Y Twiggs Y Vaughan
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, as amended, the ayes were 139, nays 14.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Brown of the 117th and Holmes of the 53rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 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.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend SB 11 as follows: Add after "wheelchair" on line 33 page 4 "warranting parts and performance".

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
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 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 Y Dickinson
YDix Y Dixon.H
Y Dixon.S Dobbs
Y Dover Y Ehrhart YEpps Y Evans Y Felton

1720

JOURNAL OF THE HOUSE,

Y Floyd.J.M Floyd,J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree Y 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 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 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
Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak
Porter Y Poston Y Powell Y Purcell
Randall

Y Randolph Y Ray
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,? Y Smith.T Y Smith,V Y Smith,W Y Smyre Y Snow Stancil.F Y Stancil,S Y Stanley.L

Y Stanley,? Y Stephenson Y Streat Y Taylor Y Teague
Teper Thomas.C 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, as amended, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Stancil of the 91st 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 Groover of the 125th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend SB 234 as follows:
Page 8 - line 11 Strike (10) and insert (11)
Page 8 - line 12 Strike (11) and insert (12)
Page 8 - line 12 Strike (8) and (9) and insert (9) and (10).

The following amendment was read:

TUESDAY, MARCH 9, 1993

1721

Representative Westmoreland of the 104th moves to amend SB 234 as follows:
Page 13 - Line 20 strike Section 3 and add "This panel shall be abolished April 1, 1995 unless authorized by the General Assembly to continue."
Renumber each following Section.

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

N Ashe Y Atkins Y Bailey N Baker Y Bannister N Barfoot
Bargeron Y Barnes
Bates Y Benefleld Y Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks.D N Brooks.T N Brown NBuck N Buckner Y Bunn
Y Burkhalter YByrd Y Campbell
Canty N Carlisle
Y Carrell
N Carter Y Cauthorn
Chambless Chandler Channell N Childers N 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 N Dickinson
YDix Y Dixon.H N Dixon,S N Dobbs
Dover Y Ehrhart N Epps Y Evans Y Felton
Y Floyd,J.M N Floyd,J.W N Godbee N Golden
Goodwin N Greene Y Groover Y Hammond
Hanner Harris.B Y Harris.M Hart N Heard N Hegstrom Y Hembree N Henson Y Holland

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

N Mobley.B N Mobley,J Y Moore N Mosley Y Mueller Y Oliver N O'Neal
N Orrock
N Padgett N Parham
Parrish N Patten
Pelote N Perry Y Pinholster YPoag
Polak Porter Pos ton N Powell N Purcell Randall N Randolph NRay Y Reaves N Reichert N Roberts N Royal
Scoggins Shanahan N Sherrill
Y Shipp N Simpson
Sinkfield Y Skandalakis
Skipper

On the adoption of the amendment, the ayes were 61, nays 80. The amendment was lost.

Smith.C N Smith.L Y Smith,P
Smith.T Y Smith.V
Smith,W
NSmyre
NSnow N Stancil.F Y Stancil.S N Stanley,L
N Stanley.P Stephenson
N Streat N Taylor NTeague
Teper N Thomas,C Y Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker NWall N Watson
Watts Y Westmoreland N White N Williams.B Y Williams.R Y Yates N Yeargin
Murphy ,Spkr

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.

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
Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove
Y Brooks.D Y Brooks.T Y Brown
Buck

Y Buckner Y Bunn
Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter

Y Cauthorn
Y Chambless Y Chandler
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

1722

JOURNAL OF THE HOUSE,

Y Dickinson Y Dix Y Dixon.H
Dixon.S Y Dobbs
Dover
Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin Y Greene
Groover
Y Hammond Y Banner 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
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
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
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
Parrish Y Patten
Y Pelote Y Perry
Y Pinholster Y Poag Y Polak
Porter

Y Poston Y Powell Y Purcell
Randall Y Randolph Y Ray
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
Smith.W Y Smyre Y Snow Y Stancil.F

Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Teper Y Thomas.C Tillman N Titus Y Towery Y Trense 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, as amended, the ayes were 157, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Buck of the 135th 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 437. By Representative Murphy of the 18th: A resolution commending Jack K. Acree.

HR 439. By Representative Smith of the 109th:
A resolution congratulating Pearl Motley on the occasion of her one hundredth birthday.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 88. By Senator Isakson of the 21st:
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; to provide for the granting of licenses to certain persons employed in educational institutions under certain conditions.

The following amendment was read and adopted:

The Committee on Education moves to amend SB 88 by striking on line 17 on page 3 the date "1995" and inserting in its place the date "1997".

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

TUESDAY, MARCH 9, 1993

1723

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
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

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 Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee 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
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 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
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,? 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
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 YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate substitutes and amendments thereto:

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".

The following Senate substitute was read:

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 change the provisions relating to definitions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for the powers of the authority regarding health care facilities

1724

JOURNAL OF THE HOUSE,

and health care services; to change certain provisions relating to competitive bidding and other restrictions; to provide for the authority's responsibility with regard to obligations of the Hospital Finance Authority and its assets; to change certain provisions relating to obligations not subject to the Securities Act of 1973; to change the provisions relating to facilitating economic development for enterprises; to provide for construction; to provide for related matters; 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"; 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 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," is amended by striking in its entirety Code Section 50-26-2, relating to legislative findings, and inserting in its place a new Code Section 50-26-2 to read as follows:
"50-26-2. (a) The General Assembly finds that: (1) There exists an inadequate supply of, and a pressing need for, financing and
financial assistance to ensure the provision or preservation of safe, decent, energy efficient, and affordable housing and an adequate system of housing finance for housing and housing related concerns within this state; ad
(2) There exists an inadequate supply of, and a pressing need for, financing and financial assistance to enterprises which desire to locate or improve or expand in the state, particularly those enterprises which desire to locate in the more rural areas of the state; and -
(3) There exists an inadequate supply of, and a pressing need for, financing and financial assistance for health equipment and facilities and for health care services at lower than prevailing costs and a need to make this financing available to the largest number of hospitals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients. (b) It is declared to be the public policy of this state to promote the health, welfare, safety, morals, and economic security of its citizens through the retention of existing employment and alleviation of unemployment in all phases of enterprise; and housing and health care; the elimination of the shortage of and the preservation of safe, decent, energy efficient, and affordable housing; and the elimination of the shortage of and the preservation of capital for housing finance. (c) The General Assembly finds that the public policies of the state as set forth in this Code section cannot be fully attained without the use of public financing and financial assistance, either direct or indirect; that such public financing can best be provided by the creation of a state housing and finance authority with comprehensive and extensive powers therein, which powers shall include, but not be limited to, the power to issue bonds or revenue bonds to provide financing for enterprises, for housing, and for housing financBj and for health facilities; and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted. (d) It is the intent of the General Assembly to create an instrumentality that can facilitate economic development and housing and housing financez and financing for health facilities and health care services throughout the state through its ability to access global capital markets and thereby provide credit to worthy businesses engaged in enterprises and located in or desiring to locate in this state or to provide housing or housing finance or financing for health facilities and health care services in this state on terms competitive with those available to businesses engaged in enterprises or available to those involved in housing or housing finance or the financing of health facilities that are able to access directly such capital markets. (e) It is further the intent of the General Assembly that the authority created by this chapter work directly with and assist financial institutions and local development authorities in this state in creating, offering, delivering, and servicing such additional

TUESDAY, MARCH 9, 1993

1725

financing alternatives to businesses engaged in enterprises and to businesses and individuals involved in housing or housing finance or the financing of health facilities and health care services."
Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Bonds' or 'revenue bonds' means any bonds, revenue bonds, notes, interim certificates, bond or revenue anticipation notes, or other evidences of indebtedness of- a
public of the authority issued under this chapter, including, without limitation, obligations issued to refund any of the foregoing, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating provider, health care facility, business, enterprise, or any local government."
Section 3. Said chapter is further amended by striking in its entirety subparagraph (C) of paragraph (4) of Code Section 50-26-4, relating to definitions, and inserting in its place a new subparagraph (C) to read as follows:
"(C) All financing charges, including, but not limited to, premiums and prepayment penalties; -, interest accrued before or to accrue prior to and up to three years after the acquisition^ installation, financing, or commencement er refinancing of a project? and any other cost related to a project up to three years after such acquisition, installation, financing, refinancing, or commencement; any loan or loan guarantee fees;; and any fees paid to or which accrue to the authority regardless of the timing of such fees, prior to, during the operation of, or after completion of a project er facility the acquisition, installation, financing, refinancing, or commencement of a project;".
Section 4. Said chapter is further amended by striking in their entirety subparagraphs (I) and (J) of paragraph (4) of Code Section 50-26-4, relating to definitions, and inserting in lieu thereof the following:
"(I) The cost of the establishment of any reserves, including, but not limited to, any sinking fund and debt service reserves; and
(J) All costs of servicing any loans made or acquired] T (K) The cost of the authority incurred in connection with providing a project, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing a project; and (L) The cost paid or incurred for the administration of any program for the purchase or lease of or the making of loans for a project by the authority and any program for the sale or lease of or making of loans for a project to any participating provider, business, enterprise, local government, or any other person."
Section 5. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Enterprise' means a business engaged in manufacturing, producing, processing, assembling, repairing, extracting, warehousing, handling, or distributing goods any agricultural, manufactured, mining, or industrial product or any combination of the foregoing; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; a business engaged in construction; and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination that involves, in each case, either the creation of new or additional employment, the retention of existing employment or payroll, or the increase of average payroll for employees of such enterprise; provided, however, that a shopping center, retail store or shop, or other similar undertaking which is solely or predominantly of a commercial retail nature shall not be an enterprise for the purposes of this chapter."
Section 6. Said chapter is further amended by inserting immediately following paragraph (6) of Code Section 50-26-4, relating to definitions, new paragraphs (6.1) and (6.2) to read as follows:

1726

JOURNAL OF THE HOUSE,

"(6.1) 'Health care services' means any medical, health care, or health care related services provided by a health care provider licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31, including, without limitation, health care services for indigent patients whether or not such services are supported directly or indirectly, and in whole or in part, through any payment or reimbursement program of any federal, state, or local governmental entity, agency, instrumentality, or authority.
(6.2) 'Health facility' means any nonprofit health care facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31, owned or operated by a participating provider, and utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel."
Section 7. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (7) to read as follows:
"(7) 'Housing' means a specific work or undertaking, whether acquisition, new construction, or rehabilitation, which is: (A) designed or financed for the primary purpose of providing safe, decent, energy efficient, appropriate, and affordable dwelling accommodations for persons and families of low or moderate income; or (B) designed or financed for special needs populations, including, but without limiting the generality of the foregoing, students, the aged, the infirm, the mentally disabled, the mentally ill, and the physically disabled; such undertakings may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as, but not limited to, site preparation, landscaping, and other nonhousing facilities such as recreational, administrative, health care, commercial, community, and staff facilities as the authority deems incidental, necessary, convenient, or desirable appurtenances; retirement homes, centers, and related facilities; nursing homes and related facilities; residential care facilities for the elderly or disabled; and long-term or life-care facilities for the elderly or disabled; or (C) without regard to income, for those geographic areas in which, in the opinion of the authority, the development, preservation, or improvement of housing is necessary for the purposes of: (i) economic development or expansion; or (ii) retaining in or attracting to such area qualified human resources essential to industrial, business, commercial, and residential operations and development. Such undertakings may be either single-family dwellings or multifamily dwellings, energy improvements thereto, or other improvements thereto and may include cooperatives, condominiums, transitional housing, homeless shelters, single-room occupancy housing, and any other building which provides residential opportunities."
Section 8. Said chapter is further amended by striking in their entirety paragraphs (11) and (12) of Code Section 50-26-4, relating to definitions, and inserting in their places new paragraphs (11), (12), and (13) to read as follows:
"(11) 'Participating provider' means a nonprofit person, corporation, municipal corporation, public corporation, or political subdivision or other nonprofit entity, public or private, which:
(A) Is a hospital authority or is affiliated with a hospital authority organized and existing under the provisions of Article 4 of Chapter 7 of Title 31; or
(B) Owns or operates, directly or indirectly, or is affiliated with, at least one nonprofit health facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31 and which contracts under this chapter with the authority for the financing, refinancing, lease, or other acquisition of a project. fH) (12) 'Project' means housing includes:
(A) Housing and facilities used in connection therewith; housing (B) Housing finance; er facilities te be used by any enterprise ethr than those
(C) The acquisition, construction, or equipping of a health facility; (D) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case

TUESDAY, MARCH 9, 1993

1727

with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, provided that none of the improvements described in this sentence shall be the primary purpose of any project;
(E) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities;
(F) The acquisition, construction, improvement, or modification of any property, real or personal, used as air or water pollution control facilities which the authority has determined is necessary for the operation of the industry or industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term 'air pollution control facility' means any property used, in whole or in substantial part, to abate or control atmospheric pollution or contamination by removing, altering, disposing of, or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, state, or local standards for abatement or control of atmospheric pollutants or contaminants; and provided, further, that, for the purpose of this subparagraph, the term 'water pollution control facility' means any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing, or storing pollutants, contaminants, wastes, or heat, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, holding ponds, lagoons, and appurtenances thereto, if such facility is in the furtherance of applicable federal, state, or local standards for the abatement or control of water pollution or contamination;
(G) The acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facility which the authority has determined is necessary for the operation of the industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term 'sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term 'solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term 'solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word 'garbage' includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products but excludes sewage and human wastes; and the word 'refuse' includes all nonputrescible wastes;
(H) The acquisition, construction, leasing, or financing of:
(i) An office building facility and related real and personal property for use by the authority or by any business or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this paragraph, which existing or proposed project is used or intended to be used by the authority or by such business or charitable corporation, association, or similar entity;

1728

JOURNAL OF THE HOUSE,

(ii) A separate office building facility and related real and personal property for use by the authority or by any business or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state; or
(iii) Any real or personal property to be used by a charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state; (I) The acquisition, construction, equipping, improvement, modification, or expansion of any property, real or personal, for use by an enterprise; (J) The acquisition, construction, installation, modification, renovation, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, irij or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determines, by a duly adopted resolution, that the project and such uses thereof would further the public purpose of this chapter; (K) The acquisition, construction, improvement, modification, or expansion of a planned community development; and (L) The financing for the provision of health care services. {13} (13) 'State' means the State of Georgia."
Section 9. Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (11) to read as follows:
"(11) To sell loans, mortgageSj ad security interestSj and other obligations of the authority at public or private sale; to negotiate modifications or alterations in mortgage and loans, mortgages, security interestSj and other obligations of the authority; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, mortgagej er security interestj or other obligation of the authority at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations;".
Section 10. Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (11) to read as follows:
"(11) To sell loans, mortgageSj and security interestSj and other obligations of the authority at public or private sale; to negotiate modifications or alterations in mortgage and loans, mortgages, security interestSj and other obligations of the authority; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, mortgagej er security interest2 or other obligation of the authority at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations;".
Section 11. Said chapter is further amended by striking paragraph (13) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (13) to read as follows:

TUESDAY, MARCH 9, 1993

1729

"(13) To procure or to make and execute contracts, agreements, and other instruments, including interest rate swap or currency swap agreements, letters of credit, or other credit facilities or agreements, and to take such other actions and do such other things as the authority may deem appropriate to provide credit enhancement for esy ef its bonds secure the payment of any loan, lease, or purchase payment owed to the authority or any bonds or other obligations issued by the authority, including the power to pay the cost of obtaining any such contracts, agreements, and other instruments;".
Section 12. Said chapter is further amended by striking paragraphs (30) and (31) of subsection (a) of Code Section 50-26-8, relating to the powers of the authority, and inserting in lieu thereof new paragraphs (30), (31), (32), (33), (34), (35), and (36) to read as follows:
"(30) To impose restrictive covenants which shall be deemed to be running with the land to any person, corporation, partnership, or other form of business entity which receives financial assistance from the authority, which form of financial assistance shall include tax credits, bond financing, grants, guarantees of the authority, guarantees of the state, insurance of the authority, and all other forms of financial assistance, regardless of whether the authority enjoys privity of estate or whether the covenant touches and concerns the property burdened; and such restrictive covenants shall be valid for a period of up to the later of 40 years or the termination or satisfaction of such financial assistance, notwithstanding any other provision of law; and
(31) To enter into partnership agreements, to sell and purchase partnership interests, and to serve as general or limited partner of a partnership created to further the public purposes of the authority;;
(32) To allocate and issue low-income housing credits under Section 42 of the Internal Revenue Code of 1986, as amended, and to take all other actions and impose all other conditions which are required by federal law or which in the opinion of the authority are necessary or convenient to ensure the complete, effective, efficient, and lawful allocation of and utilization of the low-income housing credit program. Such conditions may include barring applicants from participation in the tax credit program due to abuses of the tax credit program and imposing more stringent conditions for receipt of the credit than are required b^ Section 42 of the Internal Revenue Code. The authority may establish rounds for the competitive allocation of low-income credits and such applications shall not be available for public inspection until the time period for submission of applications for that competitive round has expired:
(33) To allocate and issue any federal or state tax credits for which the authority is designated as the state allocating agency;
(34) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;
(35) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; and
(36) To finance or facilitate in any manner the provision of health care services in the state, directly or indirectly and through one or more intermediaries, including, without limitation, the state; any institution, department, agency, fund, or authority of the state or created under state law; any political subdivision of the state: or any other public or private business, enterprise, agency, corporation, or authority, or any other entity; provided, however, that the authority shall not be authorized to directly provide health care services to patients."
Section 13. Said chapter is further amended by adding at the end of Code Section 50-26-8, relating to powers of the authority, a new subsection (e) to read as follows:
"(e) No personal financial information submitted to the authority in connection with any of its programs shall be subject to public disclosure."
Section 14. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 50-26-9, relating to authority to issue bonds, and inserting in its place a new subsection (a) to read as follows:

1730

JOURNAL OF THE HOUSE,

"(a) The authority may issue bonds for the purpose of facilitating economic development; for the improvement of public health, safety, and welfare; and for other public purposes through the provision of financing and financial assistance for projects, including, without limitation, health care services, either directly or indirectly through a financial institution; a lender; the state; any institution, department, agency, fund, or authority of the state or created under any state law; any political subdivision of the state; or any other public agency, public or private business, enterprise, agency, corporationj er public authority2 or otherwise fef ; ft) enterprises; 42) housing; a*d 43) housing finance any other entity."
Section 15. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 50-26-10, relating to obligations not subject to Securities Act of 1973, and inserting in its place a new subsection (d) to read as follows:
"(d) The making of any loan commitment or loan, and the issuance, in anticipation of the collection of the revenues from such loan or loans, of bonds to provide funds therefor, may be authorized under this chapter by resolution of the authority. Unless otherwise provided therein, such resolution shall take effect immediately and need not be published or posted. The authority, in determining the amount of such bonds, may include all costs and estimated costs of the issuance of the bonds; all fiscal, legal, and trustee expenses; and all costs of the project. Such bonds may also be issued to pay off, refund, or refinance any outstanding bonds or other obligations of any nature owed by the authority, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrangements as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced."
Section 16. Said chapter is further amended by striking in its entirety subsection (i) of Code Section 50-26-10, relating to obligations not subject to Securities Act of 1973, and inserting in its place a new subsection (i) to read as follows:
"(i) (1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $986 million $1.3 billion, excluding bonds and notes issued to refund outstanding bonds and notes.
(2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.
(3) The authority shall not have outstanding at any one time bonds and notes for the financing of health care services exceeding $30 million; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refinance outstanding bonds and notes.
43) (4) Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state do not apply to bonds of the authority."
Section 17. Said chapter is further amended by striking in its entirety Code Section 50-26-18, relating to facilitating economic development for enterprises, and inserting in lieu thereof a new Code Section 50-26-18 to read as follows:
"50-26-18. Without limiting the generality of the findings and intent of the General Assembly or any provision of this chapter, the authority shall facilitate economic development for enterprises throughout the state by means that shall include, without limitation, the issuance of bonds, with or without such credit enhancement as the authority may deem appropriate; the collection of and accumulation of fees and other revenues; the establishment of debt service reserves and sinking funds; and the use of the proceeds from such bonds, funds, and reserves to make loans to enterprises, either directly to such enterprises or indirectly through a financial institution, a political subdivision, or

TUESDAY, MARCH 9, 1993

1731

otherwise; to acquire loans made by others to such enterprises; er to establish revolving or other funds from which short-term or long-term loans can be made to such businesses; tetrt eely tf m H saeh cases th proceeds ef the loans te such enterprises are utilized to construct tQ.CIirttcs of of v& iHflKc c&pitfli improvements co t&ciiities or &R enterprise; to guarantee the payment of loans or other obligations of such enterprises; and to do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings."
Section 18. Said chapter is further amended by adding at the end thereof new Code Sections 50-26-19 through 50-26-21 to read as follows:
"50-26-19. (a) The authority may initiate a program of financing the acquisition, construction, and equipping of health care facilities in the state. In furtherance of this objective, the authority may also:
(1) Establish eligibility standards for participating providers, provided that such standards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients;
(2) Contract with any entity securing the payment of bonds to authorize the entity to approve the participating providers that can finance or refinance a project with proceeds from the bond issue secured by that entity;
(3) Lease to a participating provider specific projects upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or otherwise as the lease provides, and include in any such lease provisions that the lessee has the option to renew the term of the lease for such periods and at such rents as may be determined by the authority or to purchase any or all of the projects to which the lease applies;
(4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific projects and take back a secured or unsecured promissory note evidencing such a loan and security interest in the project financed or refinanced with such loan upon such terms and conditions as the authority considers proper;
(5) Sell or otherwise dispose of any unneeded or obsolete projects under terms and conditions as determined by the authority;
(6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved a project owned by the authority;
(7) Obtain or aid in obtaining property insurance on all projects owned or financed by the authority or accept payment if a project is damaged or destroyed; and
(8) Enter into any agreement, contract, or other instrument with respect to any insurance, guarantee, letter of credit, or other form of credit enhancement, accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, letter of credit, or other form of credit enhancement as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may:
(1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, guaranteed by a loan guarantor, or secured by a letter of credit or other form of credit enhancement; and
(2) Require any other type of security from the participating providers that it considers reasonable and necessary. (c) The authority may not finance a project for any participating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need or comparable certification of approval to the participating provider for the project to be financed by the authority if the acquisition of such project by the participating provider would require a certificate of need or comparable certification of approval under Chapter 6 of Title 31. 50-26-20. A project financed under this chapter is not subject to any statutory requirement of competitive bidding or other restriction imposed on the procedure for

1732

JOURNAL OF THE HOUSE,

award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this chapter.
50-26-21. The authority shall receive all assets of and the authority shall be responsible for any contracts, leases, agreements, or other obligations of the Hospital Financing Authority created by Article 10 of Chapter 7 of Title 31. The authority is substituted as a party to any such contract, agreement, lease, or other obligation and is responsible for performance thereon as if it had been the original party and is entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations."
Section 19. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by striking in its entirety Article 10, the "Hospital Financing Authority Act," and inserting in lieu thereof the following:
"ARTICLE 10 RESERVED". ,
Section 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 21. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 139th moved that the House agree to the Senate substitute to HB 142.
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 Benefleld 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
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 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 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 YLord
Lucas Y Maddox EMann Y Martin Y McBee Y McClinton
McKinney,B Y Milam Y Mills

On the motion, the ayes were 161, nays 0. The motion prevailed.

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
Porter Y Postal Y Powell Y Purcell
Randall Y Randolph YRay
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 Y Smyre 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 Y Trense 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

TUESDAY, MARCH 9, 1993

1733

Due to a 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.

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".

The following Senate substitute was read:

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"; 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 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, is amended by striking paragraph (3) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Conditioned air contracting' means the installation, repair, or service of conditioned air systems or conditioned air equipment. Service to or installation of the electrical connection between the electrical disconnect and conditioned air equipment is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system. Service to or installation of the electrical circuit from the electrical distribution panel to the conditioned air equipment where the electrical service to the building or site is a single-phase electrical circuit not exceeding 200 amperes is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 139th moved that the House agree to the Senate substitute to HB 258.
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
Breedlove

Y Brooks.D Brooks.T
Y Brown Y Buck Y Buckner Y 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 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 Y Dobbs Y Dover Y Ehrhart Y Epps 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 Y Hart Y Heard
Hegstrom Y Hembree

1734

JOURNAL OF THE HOUSE,

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
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 Moblcy,B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver

Y O'Neal Orrock
Y Padgett Y Parham
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

On the motion, the ayes were 161, nays 1. The motion prevailed.

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 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 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 Y Westmoreland
White Y Williams.B Y Williams.R
YYates Y Yeargin
Murphy.Spkr

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.

The following Senate amendment was read:

Amend HB 139 by adding on lines 6 and 27 of page 1 after the word "communication" and before the word "to" the following:
"intentionally".

Representative Wall of the 82nd moved that the House agree to the Senate amendment to HB 139.
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
Bordeaux Y Bostick
Breedlove Y Brooks.D
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 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 Y Ehrhart YEpps Y Evans Y Pelton 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
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 Y Lane,D Y Lane.R Y Lawrence

TUESDAY, MARCH 9, 1993

1735

Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox E Mann Y Martin Y McBee 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 Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak
Porter Y Poston Y Powell Y Purcell

Randall Y Randolph Y Ray
Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper
Smith.C Smith.L

On the motion, the ayes were 158, nays 0. The motion prevailed.

Y Smith,? 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 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

Representative Smith of the 109th 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 134. By Representative Birdsong of the 123rd: A resolution designating the Lanette O'Neal Faulk Memorial Bridge.

The following Senate substitute was read:

A RESOLUTION
Designating the Wayne Garner Parkway and the Lanette O'Neal Faulk Memorial Bridge; and for other purposes.
Parti
WHEREAS, Wayne Garner has served as a member of the Senate for some 13 years, representing the people of his Senatorial District with great ability, dedication, and distinction; and
WHEREAS, he served as Chairman of the Senate Committee on Corrections for eight years, bringing many innovations and improvements to this important area of state government; and
WHEREAS, he served as Senate Majority Leader in 1991 and 1992 and fulfilled the responsibilities of that distinguished position in a highly commendable manner; and
WHEREAS, he now serves as President Pro Tempore of the Senate and all the members of the Senate are appreciative and grateful for the fair, open, and wise manner in which he discharges the duty of that office; and
WHEREAS, it is appropriate that some memorial should be dedicated to his many valuable contributions to his Senatorial District and the entire State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that State Highway 61 from its point of intersection with Interstate Highway 20 south to its point of intersection with State Highway 166 is designated as the Wayne Garner Parkway.
Part II
WHEREAS, Lanette O'Neal Faulk was a native and lifelong resident of Twiggs County who influenced significantly the lives of many young students throughout her extensive teaching career; and

1736

JOURNAL OF THE HOUSE,

WHEREAS, history and genealogy were her lifelong interests, and she co-authored the History of Twiggs County and authored the Historical Collection of Richland Church; and
WHEREAS, she was instrumental in bringing electric service to western Twiggs County and was a charter member of the Oconee Electric Membership Cooperative; and
WHEREAS, she was an Organizing Regent of the Major General John Twiggs Chapter of the Daughters of the American Revolution and a member of the United States Daughters of 1812, United Daughters of the Confederacy, and Dames of the Court of Honor; and
WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of her community and state be appropriately recognized by designation of a bridge in her honor.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY that the bridge over Flat Creek that flows under State Route 87 and U.S. 23 Highway in Twiggs County is designated as the Lanette O'Neal Faulk Memorial Bridge.
Part III
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the Wayne Garner Parkway and the Lanette O'Neal Faulk Memorial Bridge.

Representative Birdsong of the 123rd moved that the House agree to the Senate substitute to HR 134.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister N Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Breedlove Y Brooks.D
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 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
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
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 NLadd YLakly Y Lane.D Y Lane.R N Lawrence
Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B Y Milam Y Mills

On the motion, the ayes were 152, nays 5. The motion prevailed.

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett Y Parham
Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Poston Y Powell Y Purcell Randall Y Randolph YRay Reaves Y Reichert Y Roberts Y Royal Y Scoggins N 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 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 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

TUESDAY, MARCH 9, 1993

1737

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.

The following Senate substitute was read:

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 an 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 and that personally identifiable information pertaining to subjects participating in research on human subjects conducted by certain governmental agencies shall not be subject to said article; 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 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to records for which public disclosure is not required, by striking subsections (b) and (c) and inserting in place thereof new subsections (b) and (c) to read as follows:
"(b) This article shall not be applicable to any : (1) Any trade secrets obtained from a person or business entity which are of a
privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patentedr; or
(2) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until such information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This subsection applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works. 3%is limitation These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics. (c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law.
(2) All state officers and employees shall have a privilege to refuse to disclose the identity or personally identifiable information of any person who has furnished medical participating in research on commercial, scientific, technical, medical, scholarly, or

1738

JOURNAL OF THE HOUSE,

artistic issues conducted by ef similar information which has er wiH become incorporated krte any medical ef public health investigation, study, ef fepert ef the Department of Human Resources or a state institution of higher education whether sponsored by the institution alone or in conjunction with a governmental body or private entity. Personally identifiable information shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Buck of the 135th moved that the House agree to the Senate substitute to HB 522.
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
Birdsong Bordeaux Y Bostick Y Breedlove
Y Brooks.D Brooks.T
Brown YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd 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

Y Colwell Y Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis.G
Davis.M Y Dickinson YDix
Dixon.H Y Dixon.S Y Dobbs
Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee 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 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 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
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
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 Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley.L Y 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 Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

Representative Davis of the 60th 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 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.

TUESDAY, MARCH 9, 1993

1739

The following Senate substitute was read:

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; to provide for definitions; to provide for limitations of actions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding a new Chapter 16 to read as follows:
"CHAPTER 16
2-16-1. The General Assembly finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitutes an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers, marketers, or sellers to recover damages for the disparagement of any perishable product or commodity.
2-16-2. As used in this chapter, the term: (1) 'Disparagement' means the willful or malicious dissemination to the public in
any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data.
(2) 'Perishable food product or commodity' means any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.
(3) 'Producers, processors, marketers, and sellers' shall include the entire chain from grower to consumer. 2-16-3. (a) Any person who produces, markets, or sells a perishable food product or commodity and suffers damage as a result of another person's disparagement of such perishable food products or commodities has a cause of action for damages and for any other relief a court of competent jurisdiction deems appropriate, including, but not limited to, compensatory and punitive damages. 2-16-4. Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within two years after the cause of action accrues."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Reaves of the 178th moved that the House agree to the Senate substitute to HB 124.
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
Birdsong Bordeaux Y Bostick Y Breedlove

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

Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y CoIeman,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 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
Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris,B Y Harris.M
Y Hart Y Heard Y Hegstrom Y Hembree

1740

JOURNAL OF THE HOUSE,

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 Jones Joyce
YKaye Y Kinnamon Y Klein YLadd Y Lakly

Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee
Lewis
YLord 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
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 Y Smith,W
Smyre YSnow Y Stancil.F
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 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 motion, the ayes were 157, nays 0. The motion prevailed.

Representative Hammond of the 32nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 Annotated, 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 Senate amendment was read:

Amend HB 600 by striking all the language from lines 7 through 14 of page 2 and inserting the following:
"provided, however, that in counties where the legal organ is published less often than four times weekly 'due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone or facsimile to that requesting media outlet at least 24 hours in advance of the called meeting. When special circumstances occur and".
Representative Streat of the 167th moved that the House agree to the Senate amendment to HB 600.
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
Brooks.D Brooks.T Y Brown YBuck Y Buckner Bunn

Y Burkhalter YByrd 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 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

TUESDAY, MARCH 9, 1993

1741

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 Y Banner 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
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 Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell

On the motion, the ayes were 162, nays 0. The motion prevailed.

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

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 Senate substitute was read:

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; to provide for additional powers, duties, and authority of such board with respect to violations of certain election laws or rules promulgated pursuant thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (5) of subsection (a) of Code Section 21-2-31, relating to duties of the State Election Board, and inserting in its place a new paragraph (5) to read as follows:
"(5) To investigate when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before fee such party might proceed to seek any other remedy available to feim that party under this chapter or any other provision of law;".
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 21-2-33, to be designated Code Section 21-2-33.1, to read as follows:

1742

JOURNAL OF THE HOUSE,

"21-2-33.1. (a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; and (2) To pay a civil penalty not to exceed $1,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. (b) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In addition to the State Election Board, any contested case may be held before any representative of such board who has been selected and appointed by such board for such purpose. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the State Election Board. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (c) The Attorney General of this state shall, upon complaint by the State Election Board, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the State Election Board for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the State Election Board. (d) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the State Election Board or any order issued by the State Election Board ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the State Election Board to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the State Election Board and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (e) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the State Election Board, the judgment, if in favor of the State Election Board, shall provide that the defendant pay to the State Election Board the costs, including reasonable attorneys' fees, incurred by the State Election Board in the prosecution of such action."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 53rd moved that the House agree to the Senate substitute to HB 298.
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
Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
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 Y Connell
Y Cox Y Crawford

TUESDAY, MARCH 9, 1993

1743

Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson YDk Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Ehrhart Y Epps Y Evans
Felton Y Floyd,J.M Y Floyd,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
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 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 Y Patten Y Pelote Y Perry Y Pinholster
YPoag

Y Polak Porter
Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
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 YSmyre YSnow

Y Stancil,F Stancil.S
Y Stanley.L Y Stanley,P 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 Y Westmoreland
White Y Williams.B
Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 160, nays 0. The motion prevailed.

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 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.

The following Senate amendment was read:
Amend HB 540 on line 6, page 1, before the word "to", insert the following: "to provide for an effective date". Delete Section 2 on lines 7 & 8 of page 2, and insert in lieu the following: "Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this act are repealed."
Representative Culbreth of the 132nd moved that the House agree to the Senate amendment to HB 540.
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
Bordeaux

Y Bostick Y Breedlove Y Brooks,D

1744

JOURNAL OF THE HOUSE,

Brooks.T Y Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
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
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 FloydJ.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
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

On the motion, the ayes were 163, nays 0. The motion prevailed.

Y O'Neal Y Orrock Y Padgett Y 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 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 Y Stanley,? Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas.C
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 Y Yates Y Yeargin
Murphy.Spkr

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.

The following Senate substitute was read:

A BILL
To amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide that the State Board of Funeral Service shall be authorized to require continuing education for embalmers and funeral directors; to provide for related matters; 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; to change the provisions relating to annual training requirements for certified coroners; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, is amended by inserting at the end thereof the following:
"43-18-55. (a) Beginning in 1994, the board is authorized to require as a requirement for the renewal of an embalmer's license the completion of not more than 16 hours of continuing education courses approved by the board biennially. The board may waive

TUESDAY, MARCH 9, 1993

1745

such requirement in cases of disability or illness or under such other conditions as the board deems appropriate.
(b) An embalmer who is also licensed as a funeral director and who complies with any continuing education requirement required for the renewal of a funeral director's license shall not be required to complete any continuing education courses for the renewal of his or her embalmer's license.
43-18-56. (a) Beginning in 1994, the board is authorized to require as a requirement for the renewal of a funeral director's license the completion of not more than 16 hours of continuing education courses approved by the board biennially. The board may waive such requirement in cases of disability or illness or under such other conditions as the board deems appropriate.
(b) A funeral director who is also licensed as an embalmer and who complies with any continuing education requirement required for the renewal of an embalmer's license shall not be required to complete any continuing education courses for the renewal of his or her funeral director's license."
Section 2. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety Code Section 45-16-6, relating to the participation by coroners and deputy coroners in an annual training course, and inserting in lieu thereof a new Code Section 45-16-6 to read as follows:
"45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the a training course ef at least 46 hews provided by the Georgia Pe4iee Academy approved by the Georgia Coroner's Training Council pursuant to Code Section 45-16-66. Any coroner or deputy coroner taking the approved training course required by tins Code section provided by the Georgia Police Academy shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the Georgia Coroner's Training Council."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-16-66, relating to the annual training requirement for certified coroners, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In order to maintain the status of a certified coroner, each person certified as such shall complete 34 hours of such additional training per annum during each year in which he or she serves as coroner^ as provided i Code Section 46-16-6, by the Georgia Coroner's Training Council in its rules and regulations, but such training course shall not be less than 16 hours per year. Each coroner and deputy coroner ad shall file a certificate of additional training with the Beard ef PabHe Safety such council."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House disagree to the Senate substitute to HB 223.
The motion prevailed.

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.

1746

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To create the Athens-Clarke County Board of Elections and Registration; to provide for a definition; to empower said board with the powers and duties of the election superintendent relating to the conduct of elections; to empower said board with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures; to provide for the qualifications and terms of the members of said board; to provide a method for the appointment, resignation, and removal of its members; to provide for a chairperson, clerical assistants, and other employees; to provide for compensation for the members and employees of said board; to provide for other matters relative to the foregoing; to repeal a prior local Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term "board" means the Athens-Clarke County Board of Elections and Registration.
Section 2. Pursuant to authorization contained in subsection (b) of Code Section 21-2-40 of the 0. C. G. A., there is created the Athens-Clarke County Board of Elections and Registration.
Section 3. (a) The board shall be comprised of five members. (b) The persons serving on the effective date of this Act as members of the board of elections and registration in Clarke County pursuant to the provisions of an Act creating a board of elections and registration in Clarke County, approved March 12, 1984 (Ga. L. 1984, p. 3946), hereinafter referred to in this Act as the 1984 Act, shall continue to serve out their terms of office and until their respective successors are appointed and qualified. (c) Upon the expiration of the terms of the two members who were appointed by the chairpersons of the county executive committees of the political parties pursuant to the 1984 Act, their successors shall be appointed for terms of four years each with one member being appointed by the chairman of the county executive committee of the political party whose candidates received the largest number of votes in this state for members of the General Assembly at the last preceding general election and with one member being appointed by the chairperson of the county executive committee of the political party whose candidates received the next largest number of votes in this state for members of the General Assembly at the last preceding general election. Such appointments by the chairpersons shall be ratified by a majority of the members of the respective county executive committees of those political parties voting at a meeting duly called and held for that purpose; provided, however, in the event that the members of such executive committees shall fail to elect any such member of the board within 30 days of the expiration of the term of the predecessor in office, such members shall be appointed by the governing authority of Athens-Clarke County. (d) Upon the expiration of the terms of office of the three members who were appointed by the county governing authority pursuant to the 1984 Act, two successors shall be appointed for terms of four years each by the county governing authority. (e) The fifth member shall be designated the supervisor of registration and elections and shall be nominated by the manager of Athens-Clarke County and approved by the governing authority of Athens-Clarke County. This member shall be the administrator and chairperson of the board, shall carry out duties of voter registration and elections, shall be a full-time employee of Athens-Clarke County, and shall serve at the pleasure of the governing authority of Athens-Clarke County. (f) Upon the appointment of a member, the chairperson of the county executive committee of the political party or the governing authority, as the case may be, shall file an affidavit with the clerk of Superior Court of Athens-Clarke County, no later than 30

TUESDAY, MARCH 9, 1993

1747

days preceding the date at which such member is to take office, stating the name and residential address of the person appointed certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court of Athens-Clarke County 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 shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
(g) The person serving on the effective date of this Act as chairperson of the board of elections in Clarke County, pursuant to the provisions of the 1984 Act, shall continue to serve in that capacity until the expiration of such person's term and the appointment of such person's successor pursuant to subsection (e) of this section.
Section 4. (a) Any elector and resident of Athens-Clarke County shall be eligible for membership on the board of except that no person who holds elective public office shall be eligible during the term of such elective office and the position of any member shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
(b) Each member of the board shall take substantially the same oath as required by law for registrars before entering upon such member's duties. Each member shall have the same privileges from arrest provided by law for registrars.
Section 5. (a) In the event a vacancy occurs in the office of any appointed member of the board before the expiration of such member's term, whether by removal, death, resignation, or otherwise, the respective appointing authority shall, within 90 days following such vacancy, appoint a successor to serve the remainder of the unexpired term. The clerk of the Superior Court of Athens-Clarke County shall be notified of any such interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members.
(b) In the event the chairperson of either of the county executive committees of the political parties shall fail to make a regular appointment within the time specified in Section 2 of this Act or to make an interim appointment within the time specified in subsection (a) of this section, the governing authority of Athens-Clarke County shall make such appointment. Any member wishing to resign shall give written notice thereof to the respective appointing authority and shall file a copy thereof with the clerk of the Superior Court of Athens-Clarke County.
(c) All members shall be subject to removal from the board 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. (a) The board shall be empowered with all the powers and duties of election superintendents relating to the conduct of primaries and elections pursuant to the provisions of Title 21 of the O.C.G.A.
(b) The board is empowered with all the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures pursuant to the provisions of Title 21 of the O.C.G.A.
(c) This Act is intended to implement the provisions of subsection (b) of Code Section 21-2-40 of the O.C.G.A., and shall be construed liberally so as to effectuate that purpose.
Section 7. Compensation for members of the board and its employees and clerical assistants shall be fixed by the governing authority of Athens-Clarke County and shall be paid from funds of Athens-Clarke County. The governing authority of Athens-Clarke County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as such governing authority shall deem appropriate.
Section 8. The supervisor of registration and elections of the board shall be the chief executive officer and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and pursuant to duly adopted resolutions of the board. The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.

1748

JOURNAL OF THE HOUSE,

Section 9. The board shall have the authority to contract with any municipal corporation located within Athens-Clarke County for the holding by the board of any primary or election to be conducted within the municipal corporation.
Section 10. This Act is intended to continue in existence as nearly as possible the board of elections and registration in Clarke County created by the 1984 Act and the provisions of this Act shall be construed accordingly.
Section 11. An Act creating a board of elections and registration in Clarke County, approved March 12, 1984 (Ga. L. 1984, p. 3946), is repealed in its entirety.
Section 12. All laws and parts of laws in conflict with this Act are repealed.

Representative McBee of the 88th moved that the House agree to the Senate substitute to HB 735.
On the motion the ayes were 110, nays 0.
The motion prevailed.

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

SB 17. By Senator Egan of the 40th:
A bill to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, 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.

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
Brooks.T Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
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 Y Connell Y Cox Y Crawford Y Crews Y Culbreth 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 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 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
Johnson.D.H Y Johnson,E Y Johnson.G Y John8on,J Y Johnston
Jones 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 Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Y Poag Y Polak
Porter Y Poston Y Powell Y Purcell
Randall Y Randolph Y 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

TUESDAY, MARCH 9, 1993

1749

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 Y Wall Y Watson Y Watts

Y Westmorland Y White Y Williams,B Y Williama,R Y Yates
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.

SB 238. By Senator Garner of the 30th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, 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.
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 Brooks.T
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
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 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

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 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
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
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
Smyre YSnow 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 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

1750

JOURNAL OF THE HOUSE,

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.

The following Senate amendment was read:

Amend HB 352 by striking from lines 5 through 9 on page 1 the following:
"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;",
and inserting in lieu thereof the following:
"provide that the special alternative incarceration shall be for a period of 120 days computed from the time of initial confinement, provided that the Department of Corrections may release the defendant upon service of 90 days in recognition of excellent behavior;".
By striking from lines 25 through 27 on page 1 and lines 1 through 4 on page 2 the following:
"for a period of 90 days from the time of initial confinement in the unit; provided, however, that the department 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 bj[ the department.'",
and inserting in lieu thereof the following:
"for a period of 96 120 days computed from the time of initial confinement in the unitj provided, however, the department may release the defendant upon service of 90 days in recognition of excellent behavior.'"

Representative Colwell of the 7th moved that the House agree to the Senate amendment to HB 352.
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 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 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
Davis.G
Y Davis.M Y Dickinson
YDix 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 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
Y Lakly YLane.D Y Lane,R Y Lawrence

TUESDAY, MARCH 9, 1993

1751

Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox EMann 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 Y Poag Y Polak
Porter Y Poston Y Powell Y Purcell

Randall Y Randolph Y 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

On the motion, the ayes were 165, nays 0. The motion prevailed.

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

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

HR 91. By Representatives Dover of the 9th, Murphy of the 18th, Coleman of the 142nd, Royal of the 164th, Harris of the 112th and others:
A resolution re-creating the Joint Study Commission on Revenue Structure.

The following amendment was read and adopted:

Representative Holmes of the 53rd moves to amend HR 91 as follows:
Insert on p. 1, line 16 the following paragraph:
WHEREAS, there is an inequitable distribution of the burden of health care and uncompensated health care borne by county governments and alternative sources of revenues to the property tax need to be examined to fund such indigent health care of indigent residents of the state; and.

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 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 Y Buck Y Buckner Y Bunn

Y Burkhalter Y Byrd Y Campbell
Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channeil 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 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
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 Johnson.D.H Y Johnson.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 Y Lucas

1752

JOURNAL OF THE HOUSE,

Y Maddox E Mann 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 Y Orrock

Y Padgett Y 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 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
Stanley ,L Y Stanley.P 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 Y Westmoreland
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 346 Do Pass SB 347 Do Pass

SB 355 Do Pass, by Substitute SB 359 Do Pass

Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 45 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:

TUESDAY, MARCH 9, 1993

1753

Your Committee on Game, Fish & Parks 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 436 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 47 Do Pass SB 230 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 146 Do Pass, as Amended SB 171 Do Pass

SB 189 Do Pass SB 277 Do Pass

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 427 Do Pass HR 389 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:

1754

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 125 Do Pass, by Substitute SR 44 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.

WEDNESDAY, MARCH 10, 1993

1755

Representative Hall, Atlanta, Georgia Wednesday, March 10, 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 Bannister Barfoot Barnes Bates Benefield Birdsong Bordeaux Breedlove Brooks.D Brooks.T Brown Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carlisle Carrell Carter Cauthorn
Chambless
Channell
Childers

Clark Coker
Coleman,B Coleman.T
Colwell Connell Cox Crawford
Crews Culbreth
Cummings Davis.M Dix Dixon.S Dobbs Ehrhart Evans Floyd,J.W Golden Greene Groover Hammond Manner Harris.B Harris.M Hegstrom Hembree

Holland Howard Hudson Jamieson Jenkins Johnson,E Johnson.G Johnson,J Johns ton
Joyce Kaye Kinnamon
Klein Ladd Lakly Lane.D Lane.R Lawrence Lawson Lewis Lord Lucas Maddox McBee McClinton Mills Mobley,J

Moore Mosley Mueller Oliver O'Neal Padgett
Parham Parrish Pelote Pinholster Poag Powell Purcell Randolph
Reaves Reichert
Roberts Royal
Scoggins
Shanahan
Sherrill
Simpson
Skandalakis Skipper
Smith.C
Smith.L

Smith,? Smith.T Smith.V Smith.W Snow Stancil.F Stancil.S Stephenson Streat Taylor Teague Teper Tillman Titus
Trense
Twiggs
Vaughan
Walker
Wall
Watson
Watts
White
Williams,B
Yates
Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:

Representatives Bailey of the 93rd, Dickinson of the 83rd, Mobley of the 69th, Epps of the 131st, Hart of the 116th, Godbee of the 145th, Poston of the 3rd, Chandler of the 99th, James of the 140th, Hugley of the 133rd, Westmoreland of the 104th, Heard of the 89th, Hughes of the 19th, Perry of the llth, Patten of the 176th, Dixon of the 168th, Lee of the 94th, Turnquest of the 73rd, Stanley of the 50th, Davis of the 48th, Dover of the 9th, Williams of the 114th, Jones of the 71st, McKinney of the 51st, Shipp of the 38th, Floyd of the 172nd, Smyre of the 136th, Polak of the 67th, Thomas of the 100th, Henson of the 65th, Goodwin of the 79th and Stanley of the 49th.

They wish to be recorded as present.

Prayer was offered by the Reverend Gordon Pittman, Pastor, First Baptist Church, Quitman, 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.

1756

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

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

HB 1086. By Representative Benefield of the 96th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia relative to particular groups of employees, so as to provide that certain aircraft pilots may retire at the ages of 55 and 60 with certain numbers of years of creditable service and obtain an additional five years of service creditable to the calculation of retirement benefits.
Referred to the Committee on Retirement.

HB 1087. By Representative Felton of the 43rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the duration of certain orders which grant the legal custody of a deprived child to a relative.
Referred to the Committee on Judiciary.

HB 1090. By Representative Jenkins of the 110th:
A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that a judge or employee of the probate court shall be entitled to retire on a service retirement at the age of 55 years after having served 12 years as a judge or employee of the probate court.
Referred to the Committee on Retirement.

HB 1091. By Representative Jenkins of the 110th:
A bill to amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to authorize members who never joined the fund to join such fund or who withdrew from membership to rejoin the fund.
Referred to the Committee on Retirement.

WEDNESDAY, MARCH 10, 1993

1757

HB 1093. By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of Dublin, so as to provide that the time of elections for the City of Dublin will conform with the "Georgia Municipal Election Code".
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1094. By Representative Porter of the 143rd:
A bill to provide that the Board of Education of the City of Dublin shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1095. By Representatives Connell of the 115th, Brown of the 117th, Hart of the 116th, Padgett of the 119th, Howard of the 118th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that any superior court judge currently serving in the Augusta Judicial Circuit and any additional superior court judge appointed hereafter to such circuit shall receive such compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1096. By Representatives Holland of the 157th and Chambless of the 163rd:
A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1097. By Representative Henson of the 65th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to change the definition of the term "guest"; to change the provisions relating to termination of occupancy, notices thereof, liens on property of guests or their agents, and enforcement of liens.
Referred to the Committee on Judiciary.

HB 1098. By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th and others:
A bill to dissolve the Savannah-Chatham County Anti-Drug Commission; to repeal the Savannah-Chatham County Anti-Drug Commission Act.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 438. By Representatives Powell of the 23rd, Colwell of the 7th and Coleman of the 142nd:
A resolution urging the Department of Corrections to rename the Hart County Probation Detention Center as the "Bobby Joe Whitworth Probation Detention Center".
Referred to the Committee on State Institutions & Property.

1758

JOURNAL OF THE HOUSE,

HR 441. By Representatives Porter of the 143rd, Martin of the 47th, Orrock of the 56th, Barfoot of the 155th, Poston of the 3rd and others:
A resolution creating the Georgia Historic Preservation Study 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 1062 HB 1063 HB 1064 HB 1065 HB 1066 HB 1073 HB 1075 HB 1079 HB 1080 HB 1081 HB 1082 HB 1083 HB 1084 HB 1085 HB 1088 HB 1089 HB 1092 HR 433

HR 434 SB 333 SB 342 SB 346 SB 347 SB 352 SB 358 SB 359 SB 367 SB 368 SB 369 SB 371 SB 372 SB 379 SR 11 SR 109 SR 203 SR 238

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 634 Do Pass HB 876 Do Pass HB 983 Do Pass HB 1023 Do Pass HB 1028 Do Pass HB 1031 Do Pass HB 1032 Do Pass HB 1033 Do Pass HB 1036 Do Pass HB 1037 Do Pass HB 1038 Do Pass HB 1039 Do Pass HB 1040 Do Pass HB 1041 Do Pass HB 1042 Do Pass HB 1043 Do Pass HB 1044 Do Pass HB 1045 Do Pass HB 1046 Do Pass HB 1047 Do Pass

HB 1048 Do Pass HB 1049 Do Pass HB 1050 Do Pass HB 1051 Do Pass HB 1052 Do Pass HB 1054 Do Pass HB 1055 Do Pass HB 1056 Do Pass HB 1057 Do Pass HB 1058 Do Pass HB 1060 Do Pass HB 1061 Do Pass HB 1067 Do Pass HB 1068 Do Pass HB 1069 Do Pass HB 1070 Do Pass HB 1071 Do Pass HB 1076 Do Pass SB 285 Do Pass, by Substitute SB 327 Do Pass, by Substitute

WEDNESDAY, MARCH 10, 1993

1759

Respectfully submitted, /s/ 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 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:
HR 388 Do Pass SR 128 Do Pass SB 304 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 10, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:
HR 237 Emergency care needs of rural elderly; urge certain study HR 427 State auditor; nomination and election; provide
SB 16 Boat Safety Act; registration decals; horsepower limitation SB 26 Human resources bd; define special needs children; set payment
amount SB 48 Psychologists; practicing without license; penalty SB 61 Chiropractors; scope of practice; amend provisions SB 74 Charter schools; provisions SB 90 Designated travel lanes; authorized vehicles; violations;
penalties SB 92 Unattended vehicles; removal from roadways; amend provisions SB 133 Life insurance; corporations; insurable interest in employees SB 142 Firemen's Pension; post-retirement benefit increases SB 202 Unimproved state owned real property; grants; eligibility SB 206 Distilled spirits; retail dealers; promote lottery SB 271 Historical Records Advisory Board; provisions SB 275 Waste Control Law; enact
SR 153 Atlanta, City of; cert state property; authorize rental agreement
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Twiggs of the 8th moved that the following Bill of the House be taken from the Local Calendar and recommitted to the Committee on State Planning & Community Affairs - Local.

1760

JOURNAL OF THE HOUSE,

HB 1071. By Representative Twiggs of the 8th: A bill to provide a new charter for the City of Hiawassee.

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

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.

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

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.

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

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 Hammond of the 32nd:
A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide additional members of the authority.

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

HB 1023. By Representatives Harris of the 112th, Williams of the 114th, Bargeron of the 120th and Moore of the 113th:
A bill to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.

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

HB 1028. By Representative Carrell of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to provide new election districts.

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

WEDNESDAY, MARCH 10, 1993

1761

HB 1031.

By Representative Birdsong of the 123rd:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to change the compensation and benefits of said sheriff; to provide for minimum personnel for the office of such sheriff and provide for the compensation and benefits of such personnel.

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

HB 1032.

By Representative Birdsong of the 123rd:
A bill to amend an Act abolishing the prior method of compensating the Clerk of the Superior Court of Wilkinson County, known as the fee system, and providing an annual salary for such officer, so as to change the compensation, benefits, and expenses of such clerk; to provide for minimum personnel for the office of such clerk and for the compensation and benefits of such personnel.

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

HB 1033. By Representative Birdsong of the 123rd:
A bill to amend an Act creating the office of tax commissioner of Wilkinson County, so as to change the provisions relating to the compensation and benefits of such officer; to provide for minimum personnel for the office of the tax commissioner and for the compensation and benefits of such personnel.

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

HB 1036.

By Representative Floyd of the 138th:
A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, 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.

HB 1037. By Representatives Moore of the 113th, Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the election of the members of the board of education of Columbia County, so as to provide for an increase in the compensation of such members.

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

HB 1038.

By Representatives Bordeaux of the 151st, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to change the provisions relating to such additional supplement.

1762

JOURNAL OF THE HOUSE,

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

HB 1039. By Representative Greene of the 158th: A bill to provide a new charter for the City of Omaha.

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

HB 1040.

By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit; to authorize Wayne County to increase such salary supplement.

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

HB 1041.

By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Douglasville-Douglas County Charter Commission, so as to change the provisions relating to the referendum for the submission of the proposed county-wide government charter to the qualified voters for approval or rejection.

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

HB 1042.

By Representative Patten of the 176th:
A bill to amend an Act creating a board of commissioners for Lanier County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners.

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

HB 1043.

By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to transfer the intake and probation services of Athens-Clarke County to the state-wide juvenile and intake services funded by the Georgia Department of Children and Youth Services.

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

HB 1045.

By Representatives Lakly of the 105th and Westmorland of the 104th:
A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to change the provision relating to the compensation of the chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County.

WEDNESDAY, MARCH 10, 1993

1763

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

HB 1046.

By Representative Birdsong of the 123rd:
A bill to amend an Act designating the judge of the Probate Court of Wilkinson County to serve as the chief magistrate of the Magistrate Court of Wilkinson County, so as to change the compensation and benefits that the chief magistrate, magistrates, and clerk of that court receives for their services.

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

HB 1047. By Representative Greene of the 158th:
A bill to amend an Act relating to the Magistrate Court of Randolph County, so as to provide for the election of the chief magistrate of the Magistrate Court of Randolph County on and after a certain date; to provide that the judge of the Probate Court of Randolph County shall not serve as chief magistrate on or after a certain date or the occurrence of a certain event.

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

HB 1048. By Representative Greene of the 158th:
A bill to authorize the chief magistrate of Clay County to serve as deputy clerk of the Superior Court of Clay County.

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

HB 1049. By Representatives Floyd of the 172nd, Mosley of the 171st, Oliver of the 154th and Tillman of the 173rd:
A bill to provide a board of elections for Liberty County.

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

HB 1050.

By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th, Mueller of the 152nd and Johnson of the 148th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.

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

HB 1051. By Representative Pinholster of the 15th:
A bill to amend an Act providing for a new charter for the City of Nelson, so as to provide for reincorporation of the City of Nelson.

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

1764

JOURNAL OF THE HOUSE,

HB 1052. By Representative Pinholster of the 15th:
A bill to amend an Act providing a new charter for the City of Jasper in the County of Pickens, so as to extend the corporate boundaries.

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

HB 1054.

By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act authorizing the establishment of a civil service system in Paulding County, so as to change the provisions relating to the duties and functions of the civil service board of Paulding County.

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

HB 1055. By Representatives Lewis of the 14th and Cummings of the 27th:
A bill to amend an Act providing a new charter for the City of Euharlee, so as to change the maximum amount of fine which the mayor's court may fix as punishment for crimes against the city and for violations of its ordinances.

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

HB 1056.

By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to create a board of elections and registration for Bartow County and provide for its powers and duties.

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

HB 1057.

By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of the judge of the probate court; to increase the clerical help allowance for the judge of the probate court; to increase the clerical help allowance of the clerk of the superior court.

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

HB 1058.

By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of the board of utilities commissioners.

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

WEDNESDAY, MARCH 10, 1993

1765

HB 1060.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a director of utilities and public works; to change the provisions relating to the city administrator.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1061. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a County Manager of Catoosa County and the compensation and qualifications thereof.

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

HB 1067.

By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act creating a new charter for the City of Thomson, so as to require the publication of an annual report relating to certain expenditures and fees.

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

HB 1068.

By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for a seven-member board of education of McDuffie County, so as to require the publication of an annual report relating to certain expenditures and fees.

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

HB 1069. By Representative Shanahan of the 10th:
A bill to amend an Act to provide a new charter for the City of Calhoun, so as to authorize the governing authority of the City of Calhoun to appropriate up to $5,000.00 per fiscal year to Winner's Club of Calhoun, Inc.

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

HB 1070.

By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected members of the Griffin-Spalding County Board of Education.

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

HB 1076. By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish the Ellaville-Schley County Charter Commission.

1766

JOURNAL OF THE HOUSE,

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

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 membership of the commission; to change the date upon which the commission will be abolished.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, so as to change the provisions relating to the membership of the commission; to change the date upon which the commission will be abolished; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows:
(1) Six members to be appointed by the members of the Cobb County House legislative delegation as provided in this paragraph, three of whom shall reside in the territory within Cobb County comprised of House Districts 32, 33, 34, 35, 36, and 38 and who shall be appointed by the members of the delegation who represent such districts, and three of whom shall reside in that territory within Cobb County comprised of House Districts 29, 30, 31, 37, 39, 40, and 51;
(2) Four members to be appointed by the Cobb County Senate legislative delegation, one each from Senate Districts 21, 32, and 37, and one from Senate Districts 33 and 38 combined who shall each reside in his or her respective district and who shall be appointed by the member of the Cobb County Senate legislative delegation who resides in such district;
(3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in Commission Districts 2 and 3 and be appointed by members of the board who represent those districts and three of whom shall reside in Commission Districts 1 and 4 and be appointed by members of the board who represent those districts; and
(4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court. (b) Appointments to the Cobb County Commission on Children and Youth shall include at least one member from each of the following fields or professions:
(1) Law enforcement; (2) Child welfare; (3) Medical; (4) The judiciary; (5) Education; and (6) The business and civic community. (c) All appointments to the commission shall be made within 30 days after the effective date of this Act. All persons appointed to serve on the Cobb County Commission on Children and Youth, except the member of the commission representing the medical profession who shall not be required to be a resident, shall be residents of said county.

WEDNESDAY, MARCH 10, 1993

1767

If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same manner as the initial appointment."
Section 2. Said Act is further amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The commission shall stand abolished on July 1, 1996."
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.

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.

The following Committee substitute was read and adopted:

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; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. It is the purpose of this Act to provide for an advisory referendum within Butts County to determine the type of government of Butts County preferred by the voters of said county.

Section 2. (a) It shall be the duty of the election superintendent of Butts County to issue the call for an advisory election for the purpose of submitting a question to the electors of said county to determine the type of government preferred by a majority of the electors voting at said election. The superintendent shall set the date of such election for the same date as the date of the first special or general election held in Butts County in which the electors of the entire county may participate. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Butts County. The ballot shall have printed thereon the following:

"( ) YES ( ) NO

"Advisory Referendum Election Shall the structure of the present Board of Commissioners of Butts County in which five members are elected from five separate districts and such members elect a chairperson from among their membership be changed to a form of government whereby five members shall be elected from five separate districts and a chairperson shall be elected on a county-wide basis, all serving in a part-time capacity, and the chairperson shall be the chief elective officer of the county and shall: (1) preside over all meetings of the board, (2) sign all orders of the board, (3) vote to break any tie on questions before the board, and (4) perform all duties imposed by law upon the commissioners of the board?"

(b) It shall be the duty of the election superintendent of Butts County to hold and conduct the advisory election provided for in this section and to tabulate the results of

1768

JOURNAL OF THE HOUSE,

such election. It shall be the further duty of said superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Butts County. The expense of such election shall be borne by Butts County.
(c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Butts County and is for a public purpose and is an essential governmental function for which public funds may be expended.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1044.

By Representatives O'Neal of the 75th and Bunn of the 74th:
A bill to amend an Act providing a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled, so as to provide that such exemption shall apply to taxes to retire school bond indebtedness.

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
Bannister Y Barfoot
Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Breedlove
Y Brooks.D N Brooks,T
Brown Y Buck Y Buckner
YBunn Y Burkhalter YByrd 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

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth
Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S Y 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 Y Hegstrom Y Hembree Y Henson Y Holland

Holmes Howard Hudson Y Hughes Y Hugley James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E
Y Johnson.G Y JohnsontJ Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y LaneJD Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord 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 Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y 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 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
YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas.C
Tillman Y Titus Y Towery Y Trense Y Turnquest
YTwiggs Y Vaughan
Walker Wall Watson
Watts Y Westmorland
White Y Williams.B
Williams.R Y Yates Y Yeargin
Murphy,Spkr

WEDNESDAY, MARCH 10, 1993

1769

On the passage of the Bills, the ayes were 147, nays 1. The Bills, having received the requisite constitutional majority, were 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 Senate and House:

SB 382. By Senator Kemp of the 3rd:
A bill to create the State Court of Mclntosh County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to provide for transfer of certain matters from the Superior Court of Mclntosh County; to provide for institution of criminal cases; to provide for appeals; to provide for juries.

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.

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.

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 districts.

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 certain constitutional and statutory provisions.

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.

1770

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.
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.

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.

WEDNESDAY, MARCH 10, 1993

1771

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.

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.

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 Annotated, 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 Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:

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 Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.

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.

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.

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.

1772

JOURNAL OF THE HOUSE,

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

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.

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.

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.

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.

HB 875. By Representative Lord of the 121st:
A bill to reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The Senate insists on its substitute to the following Bill of the House:

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.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 382. By Senator Kemp of the 3rd:
A bill to create the State Court of Mclntosh County, to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to provide for transfer of certain matters from the Superior Court of Mclntosh County; to provide for institution of criminal cases; to provide for appeals; to provide for juries.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 10, 1993

1773

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

HR 440. By Representatives Kinnamon of the 4th and Poag of the 6th:
A resolution commending the Dalton High School Boys Swimming and Diving Team.

HR 442. By Representatives Teague of the 58th, Brooks of the 54th, McKinney of the 51st, Sinkfield of the 57th and Canty of the 52nd:
A resolution commending Mrs. Ethel Francis Stanley and inviting her to appear before the House of Representatives.

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 440 Do Pass HR 387 Do Pass HR 416 Do Pass
Respectfully submitted, /s/Lee of the 94th
Chairman

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

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 416. By Representatives Shanahan of the 10th and Pinholster of the 15th:
A resolution congratulating Erin Nicole Nance of Calhoun, Georgia, and inviting her to appear before the House of Representatives.

HR 440. By Representatives Kinnamon of the 4th and Poag of the 6th:
A resolution commending the Dalton High School Boys Swimming and Diving Team.

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on State Planning and Community Affairs and recommitted to the Committee on Regulated Beverages.

1774

JOURNAL OF THE HOUSE,

SB 314. By Senator Clay of the 37th:
A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize and regulate the sale of alcoholic beverages for consumption on the premises on Sunday in certain municipalities during certain hours; to provide for practices, procedures, and requirements related thereto; to provide an effective date.

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

SB 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 Annotated, 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 following amendment was read and adopted:

Representatives Carlisle of the 107th and Watts of the 26th move to amend SB 202 as follows:
On page 1 line 26 strike "shall be"
On page 2 line 1 strike "entitled to"
and replace the same with the word "may".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 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, so as to provide that certain corporations or the trustees of certain trusts may designate the beneficiary.

The following substitute, offered by Representative Williams of the 114th was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to hold securities which are not evidenced by certificates or instruments if held in accordance with rules of the Commissioner; to authorize regulations

WEDNESDAY, MARCH 10, 1993

1775

regarding book-entry securities held by insurers; 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 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 provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-11-10, relating to investments in securities issued by the United States Treasury, and inserting in its place a new Code Section 33-11-10 to read as follows:
"33-11-10. Notwithstanding any other provisions of this title which might be construed to the contrary, nothing contained in this title shall be deemed to prohibit an insurer from investing its funds in or holding or owning as admitted assets securities issued by the Treasury ef th United States government or by any agency ef instrumentality of- the United States government w by any other institution se permitted under
issued te the insurer, provided: \TT 1 n&T ft certifies, te evidencing tne security fl.nct reciting tne rignts flnd ooiigft**
tions thereunder and the interest ef- the insurer thereunder ia maintained a appropri&te location ts flutnortzed Dy law OF ts depositcd witn &nd maint&inetr oy any depository system operated Dy ft clearing agency registered under trie becurities Exchnngp Act of 1934'
That these securities are otherwise eligible for investment witter this title; and triese securities sre eitnei1 suoject to of governed oy tne joust j* ederal
book-entry record-keeping procedures with respect te the registration ef securities e ether similar programs as may be approved by the Commissioner by appropriate er4efr wrier er regulation, which are not evidenced by certificates or instruments and related records issued to the insurer if held in accordance with the rules and regulations prescribed by the Commissioner and such securities are otherwise eligible for investment under this title."
Section 2. Said title is further amended by adding at the end of Code Section 33-12-4, relating to the designation of trust companies as depositories, a new subsection (c) to read as follows:
"(c) The Commissioner may by rule or regulation prescribe the methods by which book-entry securities may be accepted as securities required or permitted by law."
Section 3. Said title is further amended by striking subsection (c) of Code Section 33-24-3, relating to insurable interest in policies of personal insurance, in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of

1776

JOURNAL OF THE HOUSE,

a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons."
Section 4. Said title is further amended by adding at the end of Code Section 33-24-6, relating to the consent of the insured to the insurance contract, a new subsection (d) to read as follows:
"(d) As used in paragraphs (4) and (5) of subsection (a) of this Code section, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons."
Section 5. Said title is further amended by adding at the end of Code Section 33-27-1, relating to group requirements generally, a new paragraph (9) to read as follows:
"(9) SPECIAL EMPLOYEE GROUPS. A corporation or a trustee of a trust established by a corporation which has an insurable interest in employees pursuant to subsection (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 provide supplemental funding for such employee benefit plans."
Section 6. Said title 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 new subsection (a) to read as follows:
"(a) No policy of group insurance shall be delivered in this state unless it contains in substance the following provisions or provisions which in the opinion of the Commissioner are more favorable to the persons insured or at least as favorable to the persons insured and more favorable to the policyholder:
(1) A provision that the policyholder is entitled to a grace period of not less than 31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such grace period;
(2) A provision that the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for two years from its date of issue and that no statement made by any person insured under the policy relating to his or her insurability shall be used in contesting the validity of the insurance, with respect to which the statement was made, after the insurance has been in force prior to the contest for a period of two years during such person's lifetime nor unless it is contained in a written instrument signed by him or her;
(3) A provision that a copy of the application, if any, of the policyholder shall be attached to the policy when issued, that all statements made by the policyholder or by the persons insured shall be deemed representations and not warranties, and that no statement made by any person insured shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to the person or to his or her beneficiary;
(4) A provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his or her coverage;

WEDNESDAY, MARCH 10, 1993

1777

(5) A provision specifying an equitable adjustment of premiums or of benefits or of both to be made in the event the age of a person insured has been misstated, such provision to contain a clear statement of the method of adjustment to be used;
(6) A provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured, except as otherwise provided in paragraph (11) of this subsection, subject to the provisions of the policy, in the event there is no designated beneficiary living at the death of the person insured, as to all or any part of such sum and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding $500.00 to any person appearing to the insurer to be entitled equitably thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured;
(7) A provision that the insurer will issue to the policyholder for delivery to each person insured an individual certificate setting forth a statement as to the insurance protection to which he or she is entitled, the person to whom the insurance benefits are payable, and the rights and conditions set forth in paragraphs (8) through (10) of this subsection;
(8) A provision that, if the insurance or any portion of it on a person covered under the policy other than the child of an employee insured pursuant to Code Section 33-27-2 ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, the person shall be entitled to have issued to him or her by the insurer without evidence of insurability an individual policy of life insurance without disability or other supplementary benefits. Application for the individual policy shall be made and the first premium paid to the insurer within 31 days after termination of employment or of membership in the class or classes eligible for coverage under the policy. The individual policy shall at the option of the person be on any one of the forms, except term insurance, then customarily issued by the insurer at the age and for the amount applied for. The individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of the termination, less the amount of any life insurance for which such person is or becomes eligible within 31 days after termination under the same or any other group policy, provided that any amount of insurance which shall have matured on or before the date of the termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not for the purposes of this paragraph be included in the amount which is considered to cease because of such termination. The premium on the individual policy shall be at the insurer's then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to his or her age attained on the effective date of the individual policy;
(9) A provision that, if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured under the group policy at the date of such termination, other than a child of an employee insured pursuant to Code Section 33-27-2, whose insurance terminates and who has been so insured for at least five years prior to such termination date shall be entitled to have issued to him or her by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by paragraph (8) of this subsection, except that the group policy may provide that the amount of such individual policy shall not exceed the smaller of the amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he or she is or becomes eligible under any group policy issued or reinstated by the same or another insurer within 31 days after such termination, and $2,000.00; ad
(10) A provision that, if a person insured under the group policy dies during the period within which he or she would have been entitled to have an individual policy issued to him or her in accordance with paragraph (8) or (9) of this subsection, before such an individual policy shall have become effective, the amount of life insurance which he or she would have been entitled to have issued to him or her under such

1778

JOURNAL OF THE HOUSE,

individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made;; and
(11) A corporation or trustee of a trust having an insurable interest pursuant to subsection (c) of Code Section 33-24-3 and effectuation authority pursuant to paragraph {4} or (5| of subsection (a) of Code Section 33-24-6, providing life, health, disability, retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, providing that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term 'employees' shall include directors, officers, employees, retired employees, or the dependents of such persons."
Section 7. Said title 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."
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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 433 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 19 Do Pass SR 173 Do Pass
Respectfully submitted, /s/ Patten of the 176th
Chairman

WEDNESDAY, MARCH 10, 1993

1779

Representative Colwell of the 7th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SR 180 Do Pass, by Substitute SR 200 Do Pass SR 208 Do Pass

SR 226 Do Pass SR 233 Do Pass, by Substitute

Respectfully submitted, /s/ Colwell of the 7th
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:

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 spirits, 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 compliance with certain 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 96, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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 emergency care needs of the rural elderly.

1780

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 ayes were 108, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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.

By unanimous consent, further consideration of SB 26 was postponed until Monday, March 15, 1993 at 11:00 o'clock.

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

HR 427. 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 to provide for the nomination and election of the state auditor.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
Pursuant to HR 427, Representative Lee of the 94th placed in nomination the name of the Honorable Claude L. Vickers for state auditor.
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 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 CoIeman.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 Y Ehrhart
Y Epps Evans
Y Felton Y Ployd,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
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 YLane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox EMann Y Martin
Y McBee
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 Y Pelote Y Perry Y Pinholster YPoag
Polak 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 Sinkfield Y Skandalakis Y Skipper Y Smith.C

WEDNESDAY, MARCH 10, 1993

1781

Y Smith.L Y Smith,? Y Smith.T Y Smith.V
Smith, W Y Srayre Y Snow

Y Stancil.F Y Stancil.S Y Stanley.L
Stanley,? Y Stephenson Y Streat Y Taylor

Teague Teper Y Thomas.C 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 Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Evans of the 28th, Jones of the 71st and Patten of the 176th 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.

On the nomination of the state auditor, the ayes were 161, nays 0. The Honorable Claude L. Vickers was nominated state auditor.

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 following Committee substitute was read and withdrawn:

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 an effective date; to provide for a rebuttable presumption; 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. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety paragraph (1) of Code Section 16-7-42, relating to definitions relative to litter control, and inserting in lieu thereof the following:
"(1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph i6J of Code Section 16-7-51."
Section 2. Said article is further amended by inserting at the end thereof the following:
"Part 3
16-7-50. This part shall be known and may be cited as the 'Waste Control Law.' 16-7-51. As used in this part, the term:
(1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993.
(2) 'Commercial purpose' means for the purpose of economic gain. (3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance.

1782

JOURNAL OF THE HOUSE,

(4) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993.
(5) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993.
(6) 'Waste' means all discarded substances and materials whatsoever exceeding 10 pounds in weight or 15 cubic feet in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste, a hazardous substance, or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations.
16-7-52. (a) It shall be unlawful for any person to dump waste unless authorized to do so by law or by a duly issued permit:
(1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;
(2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or
(3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation.
16-7-53. (a) Any person who dumps waste in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(b) Any person who dumps waste in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume, or in any quantity if the waste is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes, shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.
(c) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste dumped
in violation of Code Section 16-7-52, repair or restore property damaged by or pay dam-
ages resulting from such dumping, or perform public service related to the removal of
illegally dumped waste or to the restoration of an area polluted by such waste.
16-7-54. Whenever any waste which is dumped in violation of Code Section 16-7-52
is discovered to contain any article or articles, including but not limited to letters, bills,
publications, or other writings which display the name of a person thereon, addressed
to such person or in any other manner indicating that the article belongs or belonged
to such person, it shall be a rebuttable presumption that such person has violated this
part.
16-7-55. Nothing in this part shall limit the authority of any state agency to enforce
any other laws, rules, or regulations relating to waste or the management of solid,
biomedical, or hazardous waste.
16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend,
or modify any provision of Title 12."

WEDNESDAY, MARCH 10, 1993

1783

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Dobbs of the 92nd was read and adopted:

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 an effective date; to provide for a rebuttable presumption; 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. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, is amended by striking in its entirety paragraph (1) of Code Section 16-7-42, relating to definitions relative to litter control, and inserting in lieu thereof the following:
"(1) 'Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph {6} of Code Section 16-7-51."
Section 2. Said article is further amended by inserting at the end thereof the following:
"Part 3
16-7-50. This part shall be known and may be cited as the 'Waste Control Law.' 16-7-51. As used in this part, the term:
(1) 'Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993.
(2) 'Commercial purpose' means for the purpose of economic gain. (3) 'Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance. (4) 'Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993. (5) 'Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993. (6) 'Waste' means all discarded substances and materials whatsoever exceeding 10 pounds in weight or 15 cubic feet in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste, a hazardous substance, or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations. 16-7-52. (a) It shall be unlawful for any person to dump waste unless authorized to do so by law or by a duly issued permit:

1784

JOURNAL OF THE HOUSE,

(1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;
(2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or
(3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation. 16-7-53. (a) Any person who dumps waste in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (b) Any person who dumps waste in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon the second and each subsequent offense be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (c) Any person who dumps waste in violation of Code Section 16-7-52 in any quantity if the waste is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste or to the restoration of an area polluted by such waste. 16-7-54. Whenever any waste which is dumped in violation of Code Section 16-7-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this part. 16-7-55. Nothing in this part shall limit the authority of any state agency to enforce any other laws, rules, or regulations relating to waste or the management of solid, biomedical, or hazardous waste. 16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 99, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 10, 1993

1785

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 Annotated, relating to the Secretary of State, so as to provide for a Georgia Historical 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.
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 Annotated, 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 authorized 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.

The following amendment was read:
Representative Carlisle of the 107th moves to amend SB 90 as follows: On page 1 line 22 delete "of motorcycles,".
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 N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks.D Y Brooks,T N Brown YBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell
Canty Y Carlisle N Carrell N Carter

N Cauthorn N Chambless N Chandler Y Channel!
N Childere N Clark Y Coker N Coleman.B N Coleman.T N Colwell
Connell
NCox N Crawford
N Crews Y Culbreth N Cunnnings
Davis.G N Davis.M N Dickinson NDix
Dixon.H N Dixon.S
N Dobbs Dover
N Ehrhart
YEpps N Evans

N 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 Y Heard N Hegstrom N Hembree
Henson Y Holland N Holmes N Howard N Hudson N Hughes Y Hugley Y James
Jamieson N Jenkins N Johnson.D.H

N Johnson.E
Y Johnson ,G N Johnson,J N Johnston N Jones
Joyce NKaye Y Kinnamon N Klein NLadd Y Lakly N Lane,D
N Lane.R N Lawrence N Lawson NLee Y Lewis NLord
Lucas N Maddox EMann N Martin Y McBee N McClinton N McKinney.B N Milam Y Mills

N Mobley.B N Mobley,J N Moore
Mosley Y Mueller N Oliver N O'Neal N Orrock N Padgett N Parham N Parrish
N Patten N Pelote N Perry N Pinholster
Poag Y Polak
Porter
Y Poston N Powell
N Purcell Randall
N Randolph
NRay N Reaves
Reichert Y Roberts

1786

JOURNAL OF THE HOUSE,

N Royal N Scoggins Y Shanahan N Sherrill N Shipp Y Simpson
Sinkfield N Skandalakis N Skipper

N Smith.C Y Smith,L N Smith.P Y Smith.T N Smith.V N Smith.W Y Smyre YSnow N Stancil.F

N Stancil.S N Stanley.L
Stanley,? Y Stephenson
N Streat Y Taylor Y Teague Y Teper N Thomas.C

Tillman N Titus N Towery Y Trense N Turnquest
N Twiggs N Vaughan N Walker N Wall

On the adoption of the amendment, the ayes were 36, nays 125. The amendment was lost.

N Watson N Watts
N Westmoreland N White N Williams,B Y Williams.R N Yates N Yeargin
Murphy.Spkr

The following amendment was read:

Representative Carlisle of the 107th moves to amend SB 90 as follows: Delete in its entirety Section (c) on page 3.

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 N Barnes Y Bates N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks,D Y Brooks.T Y Brown YBuck N Buckner YBunn N Burkhalter NByrd N Campbell
Canty Y Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! N Childers Y Clark N Coker N Coleman.B N Coleman.T

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

N Holmes Howard
Y Hudson N Hughes
Y Hugley Y James Y Jamieson N Jenkins Y Johnson,D.H N Johnson.E Y Johnson.G N Johnson,J Y Johnston
Jones Joyce YKaye Y Kinnamon
Y Klein NLadd Y Lakly N Lane.D Y Lane,R N Lawrence Y Lawson
NLee Y Lewis NLord
Lucas Y Maddox E Mann N Martin
N McBee McClinton McKinney,B
N Milam N Mills

N Mobley.B N Mobley,J N Moore
N Mosley N Mueller N Oliver N O'Neal N Orrock Y Padgett N Parham N Parrish N Patten N Pelote Y Perry N Pinholster
Poag Y Polak
Porter Y Poston N Powell N Purcell
Randall N Randolph YRay N Reaves Y Reichert Y Roberts N Royal N Scoggins Y Shanahan
Y Sherrill
Y Shipp Y Simpson
Sinkfield N Skandalakis N Skipper

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

On the adoption of the amendment, the ayes were 57, nays 101. The amendment was lost.

The following amendment was read and adopted:

Representatives Walker of the 141st and Groover of the 125th move to amend SB 90 by adding at the end of line 24, page 3 the following:

WEDNESDAY, MARCH 10, 1993

1787

"Notwithstanding any other provision of this paragraph to the contrary, said rebuttable presumption shall be overcome if the owner of said vehicle states, under oath, in open court, that he or she was not the operator of the vehicle at the time the alleged offense occurred."
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
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 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
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
Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene
Groover Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes 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
Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane,D N Lane.R Y Lawrence Y Lawson YLee Y Lewis
Lord 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 Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pinholster YPoag Y Polak
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 N Smith.L Y Smith.P Y Smith.T
Y Smith.V Y Smith, W
Y Smyre YSnow Y Stancil,F
Y Stancil.S Stanley ,L
Y Stanley,? Y Stephenson
Y Streat Y Taylor Y Teague Y Teper
Y Thomas.C Tillman
Y Titus Y Towery Y Trense Y Turnquest N Twiggs
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 153, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Bailey of the 93rd and Vaughan of the 34th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

SB 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 Annotated, relating to the authority of the department, counties, and municipalities to regulate parking and remove unattended vehicles from public roads, so as to authorize the Department of Transportation to remove all unattended, abandoned, or distressed motor vehicles from any portion of the state highway system.

1788

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Representative Breedlove of the 85th moves to amend SB 92 as follows:
Add page 4 line 23
The owner of any motor vehicle so removed shall upon payment of towing and storage fees recover said motor vehicle upon a showing of proof of ownership. Proof of ownership shall include but not be limited to a motor vehicle title, a rental receipt, tag receipt or other such form of ownership. In the event that proof of ownership is located within the towed vehicle the owner or agent shall be allowed access to said vehicle to prove such ownership.

Representative Ladd of the 59th moves to amend SB 92 as follows:
Add Section 5.
"No owner of such a vehicle shall be charged a towing charge of more than 50 dollars or a storage charge of more than 30 dollars a day".

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

YAshe 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 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 Y Davis.G Y Davis.M
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
Goodwin 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 N 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
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 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 YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak
Porter Y Poston
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,? 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
Teague YTeper Y Thomas,C
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, as amended, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, MARCH 10, 1993

1789

Representatives Buckner of the 95th 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.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

Representative Smyre of the 136th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 443. By Representatives Johnson of the 148th, Mueller of the 152nd, Dixon of the 150th, Bordeaux of the 151st and Pelote of the 149th:
A resolution recognizing Citizens for Environmental Justice and their Emergency Environmental Summit.

HR 444. By Representatives Buck of the 135th, Smyre of the 136th, Hugley of the 133rd, Taylor of the 134th, Smith of the 102nd and others:
A resolution expressing sympathy at the passing of Jac H. Rothschild.

HR 445. By Representatives Sherrill of the 62nd, O'Neal of the 75th, Williams of the 63rd, Randolph of the 72nd, Lawrence of the 64th and others:
A resolution commending the Physician's Care Clinic.

HR 446. By Representative Harris of the 112th: A resolution commending Ann Parham Daniel.

HR 447. By Representatives Canty of the 52nd, Lane of the 55th, Williams of the 63rd, Brooks of the 54th, Orrock of the 56th and others:
A resolution expressing regret at the passing of Richard M. Forbes.

HR 448. By Representatives Dover of the 9th, Royal of the 164th, Cox of the 160th, Walker of the 141st, and Watts of the 26th and others:
A resolution commending Michael S. Kindberg.

HR 449. By Representatives Brooks of the 54th, Hart of the 116th, Padgett of the 119th, Brown of the 117th and Howard of the 118th:
A resolution expressing regret at the passing of Mr. Henry Key.

HR 450. By Representative Martin of the 47th: A resolution commending Deborah Lawrence.

HR 451. By Representatives Martin of the 47th, Ashe of the 46th, Childers of the 13th, Coleman of the 142nd, Sinkfield of the 57th and others:
A resolution commending the public health nurses of Georgia and designating Public Health Nurse Day in Georgia.

1790

JOURNAL OF THE HOUSE,

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

SB 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 portion of the Chattahoochee River; to provide an effective date.

The following Committee substitute was read and adopted:

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 provide for a restriction on the use of power boats on a portion of the Chattahoochee River; to provide for the designation of no ski areas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," is amended by striking in its entirety paragraph (5) of subsection (b) of Code Section 52-7-5, relating to the numbering of vessels, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) The dccal decals assigned to all registered vessels must be displayed en the left one on each side of the bow preceding the prefix letters. There shall be a hyphen or space separating the each decal and the prefix letters. The hyphen or space shall be equal to the width of any letter except I."
Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 52-7-13, relating to boating safety zones and related matters, which reads as follows:
"(c) No motor in excess of ten horsepower shall be used on any vessel being operated on Lake Tugalo.", and by redesignating subsections (d), (e), and (f) as (c), (d), and (e), respectively.
Section 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 52-7-20, relating to the operation of vessels in the vicinity of regulatory markers and aids to navigation, and inserting in lieu thereof the following:
"(b) It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps, and blind points which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the United States Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council or on any portion of the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge which the department so marks as being so restricted."
Section 4. Said article is further amended by redesignating subsections (c), (d), (e), and (f) of said Code Section 52-7-20 as subsections (d), (e), (f), and (g), respectively, and by inserting immediately following subsection (b) of said Code Section the following:

WEDNESDAY, MARCH 10, 1993

1791

"(c) It shall be unlawful to tow a person on water skis, aquaplanes, surfboards, or any similar device or to manipulate any such device on the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge in any area identified by regulatory markers as a no ski area. The Department of Natural Resources is authorized to place signs and markers so as to identify the areas restricted by this Code section."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the 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
Birdsong Bordeaux Y Bostick N 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

N Colwell Y Connell
YCox Y Crawford
Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson
YDix Y Dixon.H
Y Dixon.S Dobbs Dover
N Ehrhart YEpps N Evans Y Felton
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 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
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 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 Y Oliver Y O'Neal Y Orrock Y Padgett Y 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 Y Reichert Y Roberts Y Royal
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
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
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 150, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Dobbs of the 92nd 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 Skandalakis of the 45th stated that he inadvertently voted nay on the preceding roll call. He wished to be recorded as voting "aye" thereon.

1792

JOURNAL OF THE HOUSE,

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 Annotated, 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.

The following Committee substitute was read:

A BILL
To amend Code Section 43-9-16 of the Official Code of Georgia Annotated, 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; 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 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof the following:
"(b) The chiropractic adjustment of the articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical therapeutic modalities which induce heat or electrical current beneath the skin, including therapeutic ultrasound, galvanism, microwave, diathermy, and electromuscular stimulation. Chiropractors who have complied with this chapter may utilize and recommend hot and cold packs and nonprescription, over the counter structural supports for the articulation of the human body which are commonly available through retail pharmacy outlets; provided, however, the same shall not be construed to allow chiropractors to treat patients outside the scope of practice of chiropractic as set forth in this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Childers of the 13th moves to amend the Committee substitute to SB 61 by changing the word "articulation" on line 26 page 1 to "articulations".

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
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong

Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y 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 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

WEDNESDAY, MARCH 10, 1993

1793

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
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
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 Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell N 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 N Smith.W YSmyre YSnow
Stancil,F Y Stancil.S Y Stanley,L

Y Stanley,P Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas.C Y Tillman
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, by substitute, as amended, the ayes were 164, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 48. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, 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.

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 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 Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless N 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
Cummings Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S Y Dobbs
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 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
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
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 Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell
Randall

1794

JOURNAL OF THE HOUSE,

Y Randolph YRay
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,? Y Smith.T Y Smith.V N 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
Turnquest Y Twiggs Y Vaughan Y Walker

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

On the passage of the Bill, the ayes were 160, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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.
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 Y Bargeron Y Barnes Y Bates Y Benefleld Y Birdsong
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 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
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
Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes
Y Howard Y Hudson Y Hughes
Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson, 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
Lewis
YLord Lucas
Y Maddox E 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
Perry Y Pinholster Y.Poag Y Polak
Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

On the adoption of the Resolution, the ayes were 159, nays 0.

Y Smith.C 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 Y Teper Y Thomas.C
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

WEDNESDAY, MARCH 10, 1993

1795

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

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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 following Senate substitute was read:

A BILL
To amend an Act creating a board of commissioners of Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4882), so as to change the description of the commissioner districts; to provide for initial and subsequent elections for the members of such board and for terms thereof; to change certain qualifications; to provide for a submission and for effective dates; 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 Washington County, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4882), is amended by striking Sections 2, 3, and 4 thereof and inserting in their respective places the following Sections 2, 3, and 4:
"Section 2. (a) For purposes of electing the members of the board, other than the chairman, at the November general election conducted in 1994 and every four years thereafter, Washington County is divided into four commissioner districts consisting of the following described territory of Washington County:
Commissioner District: 1
WASHINGTON COUNTY VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 116A, 117, 118, 119, 123, 146, 147, 148, 151 Tract: 9505. Block(s): 121 VTD: 0004 SANDERSVILLE (Part) Tract: 9501. Block(s): 194, 195 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 129, 130, 131, 132, 133, 134, 140, 155A, 155B, 156A, 156B, 157, 158, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 176A, 176B, 177A, 177B, 178, 179, 180, 181, 182, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract: 9504. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116B, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 156, 196, 197, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227

1796

JOURNAL OF THE HOUSE,

VTD: 0005 DEEP STEP (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135A, 135B, 136, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 162, 163, 164, 165, 166, 167, 168, 169, 178, 179, 180
VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 102, 103, 104, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 138, 139, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 196, 197 Tract: 9504. Block(s): 101, 102
Commissioner District: 2
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505. Block(s): 279 VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 149, 150, 165, 167, 168 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 129D, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135A, 135B, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144A, 144B, 145, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 212, 213, 214, 220, 225, 297 VTD: 0004 SANDERSVILLE (Part) Tract: 9504. Block(s): 140, 152, 153, 154, 155, 157, 158, 159, 160, 161, 162, 163, 164, 166, 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, 308, 309, 310, 315, 316, 317, 318, 319, 320, 324, 325, 401, 402A, 402B, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 418 Tract: 9505. Block(s): 215, 216, 218, 219, 226 VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 221A, 221B, 222, 223, 224, 234A, 234B, 237A, 237B, 238A, 238B, 239A, 239B, 240, 241, 242, 243A, 243B, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296 Tract: 9506. Block(s): 157, 158

WEDNESDAY, MARCH 10, 1993

1797

VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 112, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 141, 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
Commissioner District: 3
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505. Block(s): 280, 285, 286 Tract: 9506. Block(s): 108, 109, 110, 111, 113, 114, 115A, 115B, 116A, 116B, 117, 118A, 118B, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172A, 172B, 173A, 173B, 174A, 174B, 175, 176, 177, 178A, 178B, 179A, 179B, 180, 181, 182A, 182B, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9507. Block(s): 334, 335, 336, 366, 367, 368, 369, 393, 394 VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 230, 232, 233, 234A, 234B, 235, 236, 237, 238, 239A, 239B, 240, 241, 242, 243, 244, 249, 251, 401, 402, 403, 404, 405, 406, 407, 408 Tract: 9504. Block(s): 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 321, 322, 323, 417, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 Tract: 9507. Block(s): 102, 103, 104A, 104B, 116, 117, 118, 119, 120A, 120C, 121 VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 258 VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 245, 246, 247A, 247B, 248A, 248B, 252 Tract: 9505. Block(s): 217, 227, 228, 229, 230, 231, 232, 233, 235, 236, 259 Tract: 9506. Block(s): 101, 102, 103, 104, 105, 106, 107, 112 Tract: 9507. Block(s): 101, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 120B, 120D, 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, 155, 156, 157A, 157B, 158A, 159, 160, 161, 162A, 163A, 163B, 164A, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225,

1798

JOURNAL OF THE HOUSE,

226, 227, 228, 229, 230A, 231A, 233, 234, 235, 236, 237, 238, 239A, 331, 332, 333
Commissioner District: 4
WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 125, 126, 127, 128, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 171, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 228, 229, 231, 250, 253, 254, 257, 264, 265, 266, 267, 268, 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, 423, 424, 425, 426, 427, 428, 429 Tract: 9507. Block(s): 302 VTD: 0005 DEEP STEP (Part) Tract: 9502. Block(s): 147, 158, 159, 160, 161 VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 227A, 227B, 227C, 255A, 255B, 256, 258, 259, 260, 261, 262, 263 Tract: 9507. Block(s): 158B, 162B, 204B, 213B, 214, 215, 216B, 230B, 231B, 232, 239B, 301, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 342, 343
(b) For purposes of subsection (a) of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo-
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district 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 Washington County which is not included in any commissioner district described in subsection (a) of 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
(6) Any part of Washington County which is described in subsection (a) of 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.

WEDNESDAY, MARCH 10, 1993

1799

Section 3. Those persons serving as members of the board of commissioners of Washington County on January 1, 1993, shall continue to serve out their terms of office which shall expire on December 31, 1994, and upon the election and qualification of their respective successors. Those successors shall be elected at the November general election conducted in 1994, but successors to those members serving from Commissioner Districts 1, 2, 3, and 4 shall be elected from Commissioner Districts 1, 2, 3, and 4, respectively, as newly described in Section 2 of this Act, shall take office on January 1, 1995, and shall serve for terms of office of four years each. Thereafter, successors to members of the board whose terms of office are to expire shall be elected at the November 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 the terms specified therefor in this Act and until their respective successors are elected and qualified. The members of the board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section 4. (a) The chairman of the board may reside anywhere within Washington County and shall be elected by a majority of the qualified voters of Washington County voting at the election for that office. Any person offering as a candidate for that office shall be at least 21 years of age, shall have been a resident of Washington County at least 12 months prior to that person's election, and shall be a qualified and registered voter of Washington County. In the event the chairman ceases, during that person's term of office, to be a resident of Washington County, that office shall thereupon become vacant.
(b) Each member of the board, other than the chairman, shall reside within the commissioner district from which that person was elected and shall be elected by a majority of the qualified voters voting in that district and not at large. At the time of qualifying for the election to the office of member of the board, other than the chairman, each candidate shall specify the commissioner district for which that person is a candidate. Any person offering as a candidate for member of the board, other than the chairman, shall be at least 21 years of age, shall have been a resident of Washington County at least 12 months prior to that person's election, shall be a qualified and registered voter of Washington County, and shall have been a resident of the district for which that person is a candidate for at least 12 months prior to that person's election thereto. In the event any member of the board, other than the chairman, ceases, during that person's term of office, to be a resident of the commissioner district from which that person was elected, that respective office shall thereupon become vacant."
Section 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the board of commissioners of Washington County to submit this Act to the United States Attorney General for approval.
Section 3. Those provisions of this Act relating to and necessary for the election of the members of the board of commissioners of Washington County at the 1994 general election shall become effective January 1, 1994. The remaining provisions of this Act shall become effective January 1, 1995.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lord of the 121st moved that the House agree to the Senate substitute to HB 873.
On the motion the ayes were 110, nays 0.
The motion prevailed.

HB 875. By Representative Lord of the 121st:
A bill to reconstitute the Board of Education of Washington County and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

1800

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To reconstitute the Board of Education of Washington 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 Washington 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 Washington 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 Washington 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 Washington 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 Washington County shall consist of five members all of whom shall be elected from education districts described in subsection (b) of this section except for the member who is chairperson and who is elected at large as provided in Section 7 of this Act.
(b) For purposes of electing members of the board of education, other than the chairperson, the Washington County School District is divided into four 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 Washington County School District:
Education District: 1
WASHINGTON COUNTY VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 116A, 117, 118, 119, 123, 146, 147, 148, 151 Tract: 9505. Block(s): 121 VTD: 0004 SANDERSVILLE (Part) Tract: 9501. Block(s): 194, 195 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 129, 130, 131, 132, 133, 134, 140, 155A, 155B, 156A, 156B, 157, 158, 159A, 159B, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 176A, 176B, 177A, 177B, 178, 179, 180, 181, 182, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422 Tract: 9504.

WEDNESDAY, MARCH 10, 1993

1801

Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116B, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 156, 196, 197, 201, 202, 203, 204, 205, 206, 207A, 207B, 207C, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 216, 217, 218A, 218B, 219, 220, 221, 222, 223, 224, 225, 226, 227
VTD: 0005 DEEP STEP (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135A, 135B, 136, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 162, 163, 164, 165, 166, 167, 168, 169, 178, 179, 180
VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 102, 103, 104, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 138, 139, 140, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 196, 197 Tract: 9504. Block(s): 101, 102
Education District: 2
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505. Block(s): 279 VTD: 0003 DAVISBORO (Part) Tract: 9504. Block(s): 149, 150, 165, 167, 168 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 129D, 130A, 130B, 131A, 131B, 132A, 132B, 133, 134, 135A, 135B, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144A, 144B, 145, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165A, 165B, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 212, 213, 214, 220, 225, 297 VTD: 0004 SANDERSVILLE (Part) Tract: 9504. Block(s): 140, 152, 153, 154, 155, 157, 158, 159, 160, 161, 162, 163, 164, 166, 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, 308, 309, 310, 315, 316, 317, 318, 319, 320, 324, 325, 401, 402A, 402B, 403, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 416, 418 Tract* 9505 Block(s): 215, 216, 218, 219, 226 VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211A, 211B, 221A, 221B, 222, 223, 224, 234A, 234B, 237A, 237B, 238A, 238B, 239A, 239B, 240, 241, 242, 243A, 243B, 244, 245, 246,

1802

JOURNAL OP THE HOUSE,

247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 281, 282, 283, 284, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296 Tract: 9506, Block(s): 157, 158 VTD: 0007 WARTHEN (Part) Tract: 9501. Block(s): 101, 105, 106, 107, 108, 109, 110, 111, 112, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 141, 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
Education District: 3
WASHINGTON COUNTY VTD: 0002 HARRISON (Part) Tract: 9505. Block(s): 280, 285, 286 Tract: 9506. Block(s): 108, 109, 110, 111, 113, 114, 115A, 115B, 116A, 116B, 117, 118A, 118B, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152A, 152B, 153, 154, 155, 156, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172A, 172B, 173A, 173B, 174A, 174B, 175, 176, 177, 178A, 178B, 179A, 179B, 180, 181, 182A, 182B, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 Tract: 9507. Block(s): 334, 335, 336, 366, 367, 368, 369, 393, 394 VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 230, 232, 233, 234A, 234B, 235, 236, 237, 238, 239A, 239B, 240, 241, 242, 243, 244, 249, 251, 401, 402, 403, 404, 405, 406, 407, 408 Tract: 9504. Block(s): 301, 302, 303, 304, 305, 306, 307, 311, 312, 313, 314, 321, 322, 323, 417, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438 Tract: 9507. Block(s): 102, 103, 104A, 104B, 116, 117, 118, 119, 120A, 120C, 121 VTD: 0006 RIDDLEVILLE (Part) Tract: 9505. Block(s): 258 VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 245, 246, 247A, 247B, 248A, 248B, 252 Tract: 9505. Block(s): 217, 227, 228, 229, 230, 231, 232, 233, 235, 236, 259 Tract: 9506. Block(s): 101, 102, 103, 104, 105, 106, 107, 112 Tract: 9507. Block(s): 101, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 120B, 120D, 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, 155, 156, 157A, 157B, 158A, 159, 160, 161,

WEDNESDAY, MARCH 10, 1993

1803

162A, 163A, 163B, 164A, 164B, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204A, 205, 206, 207, 208, 209, 210, 211, 212, 213A, 216A, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 231A, 233, 234, 235, 236, 237, 238, 239A, 331, 332, 333
Education District: 4
WASHINGTON COUNTY VTD: 0001 OCONEE VTD: 0004 SANDERSVILLE (Part) Tract: 9503. Block(s): 125, 126, 127, 128, 135, 136, 137, 138, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 171, 201, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 228, 229, 231, 250, 253, 254, 257, 264, 265, 266, 267, 268, 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, 423, 424, 425, 426, 427, 428, 429 Tract: 9507. Block(s): 302 VTD: 0005 DEEP STEP (Part) Tract: 9502. Block(s): 147, 158, 159, 160, 161 VTD: 0008 TENNILLE (Part) Tract: 9503. Block(s): 227A, 227B, 227C, 255A, 255B, 256, 258, 259, 260, 261, 262, 263 Tract: 9507. Block(s): 158B, 162B, 204B, 213B, 214, 215, 216B, 230B, 231B, 232, 239B, 301, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 342, 343
(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 Washington 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

1804

JOURNAL OF THE HOUSE,

(6) Any part of the Washington 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 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.
(c) The member of the board who is chairperson of the board may reside anywhere within the Washington County School District and must receive a majority of the votes cast for such office in the entire Washington County School District. The chairperson must continue to reside within the Washington County School 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 Washington 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 on January 1, 1994, and shall serve for initial terms of office which expire December 31, 1994, 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.
(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."
Section 5. In the event of a vacancy occurring on or after January 1, 1993, in the membership of the board, whether the vacancy is in the office of chairperson or any other member, 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. The chairperson of the board shall receive an annual salary for the performance of the duties of such office in an amount not less than $7,200.00 nor more than $12,000.00, which amount shall be established by the board. Each member of the board, other than the chairperson, shall receive an annual salary for the performance of the duties of such office in an amount not less than $3,600.00 nor more than $8,400.00, which amount shall be established by the board. The salaries provided for by this section shall be paid in equal monthly installments from the funds of the Washington County School System. In addition to such salaries, the chairperson and each other member of the board shall be entitled to receive from the funds of the Washington County School System their actual and necessary expenses incurred in the performance of their duties of office.
Section 7. The chairperson of the board shall be a member of the board elected at large as provided in this Act.
Section 8. (a) The elected school superintendent of the Washington County School District who is in office on January 1, 1993, or any person filling a vacancy in such office,

WEDNESDAY, MARCH 10, 1993

1805

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 by an appointee of the board.
(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.
(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 Washington 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 Washington 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 Lord of the 121st moved that the House agree to the Senate substitute to HB 875.
On the motion the ayes were 110, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 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.

The following Committee substitute was read and withdrawn:

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; to provide for petition resubmissions and for technical assistance relating thereto; to provide for terms of the charter and for charter renewals; to provide for reports; 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 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, is amended by adding at the end a new Code section to read as follows:

1806

JOURNAL OF THE HOUSE,

"20-2-255. (a) It is the intent of the General Assembly that this Code section provide a means whereby local schools may choose to substitute a binding performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title.
(b) For purposes of this Code section, the term: (1) 'Charter' means a performance based contract between the state board, a local
board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial three-year period. Each performance based contract will exempt a school from state and local rules, regulations, policies, and procedures and from the provisions of this article according to the terms of the contract.
(2) 'Charter school' means a school that is operating under the terms of a charter granted by the state board.
(3) 'Petition' means a proposal to enter into a performance based contract between the state board and a local school whereby the local school obtains charter school status.
(4) 'State board' means the State Board of Education. (c) Any local school may petition the state board for charter school status in accord-
ance with a schedule approved by the state board. Such petitions must: (1) Be approved by the local board of education; (2) Be agreed to by over two-thirds of the faculty and instructional staff members
at the school initiating the petition; (3) Describe a plan for school improvement that addresses how the school proposes
to work toward improving student learning and meeting the national and state educa-
tion goals; (4) Outline proposed performance criteria that will be used during the initial
three-year period of the charter to measure progress of the school in improving student learning and in meeting the national and state education goals;
(5) Describe how the parents of students enrolled in the school will be involved in
developing the petition, developing and implementing the improvement plan, and identifying performance criteria; and
(6) Describe how the concerns of parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan. (d) The state board is authorized and directed to establish criteria and procedures
for charter schools. Each year, the state board must review petitions for charter school status received from local schools. The state board is directed to approve such petitions and to grant charter school status to local schools whose petitions, in the opinion of the
state board: (1) Provide a plan for improvement at the school level for improving student
learning and for meeting the national and state education goals;
(2) Include a set of performance based objectives and student outcome based objectives for the term of the charter and the means for measuring those objectives
on at least a yearly basis; (3) Include an agreement to provide a yearly report to parents, the community, the
local board, and the state board which indicates the progress made by the charter
school in the previous year in meeting the performance objectives; and (4) Include a proposal to involve the parents of students enrolled in the school as
well as the broader community in the process of creating the petition and in carrying
out the terms of the charter. (e) The state board may allow local schools to resubmit petitions for charter school status if the original petition was, in the opinion of the state board, deficient in one or
more respects. The Department of Education is authorized and directed to provide technical assistance to local schools in the creation or modification of these petitions.
(f) The state board will include in the terms of each charter:
(1) A mechanism for declaring the charter null and void if, at any time, in the opinion of the state board, the school enjoying charter school status fails to fulfill the terms of the charter;

WEDNESDAY, MARCH 10, 1993

1807

(2) Clear performance based and student outcome based objectives and the means to measure those objectives on at least a yearly basis;
(3) A mechanism for updating the terms of each charter, agreed to by all parties, based upon the yearly progress reports given the state board by the charter school;
(4) A provision that the expenditure controls contained in Code Section 20-2-167 may be relaxed only for those direct instructional expenditures actually made by each charter school for the students of that school; and
(5) A provision to exempt the school from state rules, regulations, policies, and procedures and from other provisions of this article, unless otherwise specified, (g) The state board is authorized to renew charters on a one-year or multiyear basis, not to exceed three years, for local schools after the initial three-year period, provided all parties to the original charter approve such renewal. (h) The state board will report to the General Assembly each year on the status of the charter school program."
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 Baker of the 70th, Orrock of the 56th, Bordeaux of the 151st and Godbee of the 145th was read:

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; to provide for petition resubmissions and for technical assistance relating thereto; to provide for terms of the charter and for charter renewals; to provide for reports; 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 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, is amended by adding at the end a new Code section to read as follows:
"20-2-255. (a) It is the intent of the General Assembly that this Code section provide a means whereby local schools may choose to substitute a binding performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title.
(b) For purposes of this Code section, the term: (1) 'Charter' means a performance based contract between the state board, a local
board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial three-year period. Each performance based contract will exempt a school from state and local rules, regulations, policies, and procedures and from the provisions of this title according to the terms of the contract.
(2) 'Charter school' means a school that is operating under the terms of a charter granted by the state board.
(3) 'Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V of the Constitution.
(4) 'Local school' means a public school in Georgia which is under the management and control of a local board.

1808

JOURNAL OF THE HOUSE,

(5) 'Petition' means a proposal to enter into a performance based contract between the state board and a local school whereby the local school obtains charter school status.
(6) 'State board' means the State Board of Education.
(c) Any local school may petition the state board for charter school status in accordance with a schedule approved by the state board. Such petitions must:
(1) Be approved by the local board of education; (2) Be freely agreed to by over two-thirds of the faculty and instructional staff members by secret ballot at the school initiating the petition;
(3) Describe a plan for school improvement that addresses how the school proposes to work toward improving student learning and meeting the national and state education goals;
(4) Outline proposed performance criteria that will be used during the initial three-year period of the charter to measure progress of the school in improving student learning and in meeting the national and state education goals;
(5) Describe how the faculty, instructional staff, and parents of students enrolled in the school will be involved in developing the petition, developing and implementing the improvement plan, and identifying performance criteria; and
(6) Describe how the concerns of faculty, instructional staff, and parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan.
(d) The state board is authorized and directed to establish criteria and procedures for charter schools. Each year, the state board must review petitions for charter school status received from local schools. The state board is directed to approve such petitions
and to grant charter school status to local schools whose petitions, in the opinion of the state board:
(1) Provide a plan for improvement at the school level for improving student learning and for meeting the national and state education goals;
(2) Include a set of performance based objectives and student outcome based
objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis;
(3) Include an agreement to provide a yearly report to parents, the community, the
local board, and the state board which indicates the progress made by the charter school in the previous year in meeting the performance objectives; and
(4) Include a proposal to directly and substantially involve the parents of students
enrolled in the school as well as the faculty, instructional staff, and the broader community in the process of creating the petition and in carrying out the terms of the charter.
(e) The state board may allow local schools to resubmit petitions for charter school status if the original petition was, in the opinion of the state board, deficient in one or
more respects. The Department of Education is authorized and directed to provide technical assistance to the faculty and instructional staff of local schools in the creation or modification of these petitions.
(f) The state board will include in the terms of each charter: (1) A mechanism for declaring the charter null and void if over two-thirds of the
faculty and instructional staff of the school request the state board to withdraw the charter or if, at any time, in the opinion of the state board, the school enjoying charter school status fails to fulfill the terms of the charter;
(2) Clear performance based and student outcome based objectives and the means to measure those objectives on at least a yearly basis;
(3) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of over two-thirds of the faculty and instructional staff,
based upon the yearly progress reports given the state board by the charter school; (4) A provision that the expenditure controls contained in Code Section 20-2-167
may be relaxed only for those direct instructional expenditures actually made by each charter school for the students of that school; and
(5) A provision to exempt the school from state rules, regulations, policies, and procedures and from other provisions of this title, unless otherwise specified.

WEDNESDAY, MARCH 10, 1993

1809

(g) The state board is authorized to renew charters on a one-year or multiyear basis, not to exceed three years, for local schools after the initial three-year period, provided all parties to the original charter approve such renewal with a vote of over two-thirds of the faculty and instructional staff.
(h) The state board will report to the General Assembly each year on the status of the charter school program."
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:

Representative Poag of the 6th moves to amend the Floor substitute to SB 74 as follows:
On page 5 of the Floor substitute line 19 add new item (i) which shall state:
The state shall not authorize any additional expenditures for the monitoring or regulation of this program.

Representative Poag of the 6th moved that the House reconsider its action in failing to adopt the Poag amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Atkins N Bailey N Baker N Bannister
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 N Buckner Y Bunn Y Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell
Carter N Cauthorn N Chambless N Chandler N Channel!
N Childers Y Clark Y Coker N Coleman.B N Coleman.T

Colwell N Connell NCox Y Crawford Y Crews N Culbreth Y Cummings N Davis.G Y Davis.M N Dickinson YDix N Dixon.H Y Dixon.S YDobbs Y Dover Y Ehrhart NEpps Y Evans N Felton Y Floyd,J.M Y Floyd.J.W
N Godbee N Golden N Goodwin
N 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 N Howard N Hudson N Hughes
N Hugley N James N Jamieson Y Jenkins N Johnson.D.H Y Johnson.E Y Johnson.G N Johnson,J Y Johnston
Jones Y Joyce
Kaye Y Kinnamon Y Klein
YLadd Y Lakly N Lane.D
N Lane,R Y Lawrence Y Lawson
NLee Y Lewis
Lord N Lucas Y Maddox E Mann N Martin NMcBee N McClinton N McKinney,B
Milam Y Mills

On the motion, the ayes were 56, nays 110. The motion was lost.

N Mobley.B N Mobley,J Y Moore Y Mosley Y Mueller N Oliver N O'Neal N Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry
Y Pinholster YPoag N Polak
Porter Y Poston
Powell N Purcell N Randall N Randolph
YRay N Reaves N 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 N Smith.P N Smith.T 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 N Teper N Thomas.C N Tillman Y Titus
Towery
Y Trense N Turnquest Y Twiggs Y Vaughan N Walker N Wall N Watson Y Watts Y Westmoreland Y White
Williams.B Y Williams,R
N Yates N Yeargin
Murphy ,Spkr

1810

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Bunn of the 74th moves to amend the Floor substitute to SB 74 as follows:
On page 3, line 29, strike the words "and student outcome based objectives"
line 14 and 15, strike after the word "based" in line 14, the words "and student outcome based".

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
Barfoot N Bargeron
Y Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks.D N Brooks.T N Brown NBuck N Buckner Y Bunn Y Burkhalter YByrd N Campbell N Canty N Carlisle N Carrell
Carter N Cauthorn N Chambless N Chandler N Channell 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 Y Davis.G Y Davis.M N Dickinson YDix N Dixon.H N Dixon.S NDobbs N Dover Y Ehrhart N Epps Y Evans N Felton N Floyd,J.M N FloydJ.W N Godbee N Golden N Goodwin N 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 N Howard N Hudson N Hughes N Hugley N James N Jamieson N Jenkins N Johnson.D.H Y Johnson.E Y Johnson.G N Johnson,J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly
N Lane.D N Lane.R Y Lawrence N Lawson NLee Y Lewis
Lord N Lucas N 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 N Padgett N Parham N Parrish
Patten N Pelote N Perry Y Pinholster NPoag N Polak
Porter N Poston N Powell N Purcell N Randall N Randolph
NRay N Reaves N Reichert
Y Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skandalakis N Skipper

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

On the adoption of the amendment, the ayes were 45, nays 126. The amendment was lost.

The following amendment was read:

Representative Bunn of the 74th moves to amend the Floor substitute to SB 74 follows:
Page 1, line 20, add "academic" before the word "performance" line 26, after the word "means" strike "a" and add "an academic" Page 2, line 4, after the word "Each" add the word "academic" line 19, strike "a" add the words "an academic". Page 3, line 12, add the word "academic" before the word "performance"

WEDNESDAY, MARCH 10, 1993

1811

line 28, after the word "Include a set of add the word "academic" Page 4, line 2, after the words "meeting the" add the word "academic" Page 4, line 26, after (2) the word "Clear" add the word "academic".

The following amendment to the amendment was read and lost: Representative Bunn of the 74th moves to amend the amendment as follows: after the word "academic" add "/(slash) vocational".

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
Barfoot N Bargeron Y Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks,D N Brooks.T N Brown NBuck N Buckner Y Bunn Y Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell
Carter N Cauthorn N Chambless N Chandler N Channell N Childers Y Clark Y Coker N Coleman.B N Coleman.T

N Colwell N Connell
NCox Y Crawford Y Crews N Culbreth N Cummings Y 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 Y Floyd.J.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 N Jamieson Y Jenkins N Johnson,D.H Y Johnson,E Y Johnson,G N Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly N Lane.D N Lane.R Y Lawrence N Lawson N Lee
Lewis Lord N 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 N Mosley Y Mueller N Oliver N O'Neal
N Orrock N Padgett N Parham N Parrish
Patten
N Pelote N Perry Y Pinholster NPoag N Polak
Porter N Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N Reichert Y Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis N Skipper

On the adoption of the amendment, the ayes were 51, nays 119. The amendment was lost.

Y Smith.C
N Smith.L N Smith,P N Smith.T 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
Y Titus Y Towery Y Trense N Turnqueat NTwiggs Y Vaughan N Walker NWall N Watson Y Watts Y Westmorland N White
Williams.B Y Williams,R Y Yates N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Crews of the 78th moves to amend the Floor substitute to SB 74 as follows:
On p4, line 21, after the word "school" insert "or if, two-thirds of the parents present at a meeting called for the purpose of deciding whether to request the state board to withdraw the charter".

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

1812

JOURNAL OF THE HOUSE,

N Ashe Y Atkins N Bailey N Baker N Bannister
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 Y Burkhalter YByrd Y Campbell
N Canty N Carlisle N Carrell
Carter N Cauthorn N Chambless N Chandler N Channell N Childers Y Clark Y Coker N Coleman,B
Coleman.T

N Colwell N Connell NCox N Crawford Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M N Dickinson YDix N Dixon.H
Y Dixon,S NDobbs 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
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
Jones Y Joyce YKaye N Kinnamon
Y Klein YLadd YLakly N Lane,D N Lane,R Y Lawrence Y Lawson NLee Y Lewis
Lord N Lucas Y Maddox E Mann N Martin N McBee N McClinton N McKinney.B
NMilam Y Mills

N Mobley,B N Mobley,J Y Moore Y Mosley Y Mueller Y Oliver N O'Neal N Orrock N Padgett N Parham N Parrish
Patten Y Pelote N Perry Y Pinholster NPoag N Polak
Porter
Y Poston N Powell N Purcell
NRandall N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield Y Skandalakis N Skipper

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

On the adoption of the amendment, the ayes were 57, nays 113. The amendment was lost.

The following amendment was read:

Representative Ehrhart of the 36th moves to amend the Floor substitute to SB 74 as follows:
page 2 line 24 replace "state" with "local" page 3 line 18 replace "state" with "local" page 3 line 20 replace state with local page 3 line 22 replace state with local page 3 line 26 "and the state board page 4 line 9 replace state with local page 4 line 11 replace state with local page 4 line 13 before Dept. add local page 4 line 17 replace state with local page 4 line 23 replace state with local page 4 line 33 replace state with local page 5 line 10 replace state with local page 5 delete Section (h).

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 Barfoot
N Bargeron N Barnes

N Bates N Benefield
Birdsong N Bordeaux

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

N Brown NBuck N Buckner Y Bunn

Y Burkhalter N Byrd Y Campbell N Canty N Carlisle N Carrell
Carter
N Cauthorn N Chambless Y Chandler N Channel! N Childers Y Clark Y Coker
N Coleman.B N Coleman.T N Colwell N Connell N Cox Y Crawford Y Crews N Culbreth Y Cummings
Davis.G Y Davis.M N Dickinson YDix N Dixon.H Y Dixon,S N Dobbs N Dover Y Ehrhart

WEDNESDAY, MARCH 10, 1993

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 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
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 Y Lewis
Lord N 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 N Mosley Y Mueller N Oliver N O'Neal N Orrock

N Padgett N Parham N Parrish
Patten N Pelote N Perry Y Pinholster YPoag N Polak
Porter
Y Poston Y Powell N Purcell N Randall N Randolph N Ray N Reaves N 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
N Smith.P
Smith.T

1813
Y Smith.V Y Smith.W N Smyre N Snow N Stancil.F Y Stancil,S N Stanley,L N Stanley,? N Stephenson N Streat N Taylor N Teague N Teper N Thomas.C N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall Y Watson Y Watts Y Westmoreland
White Williams.B Y Williams.R Y Yates N Yeargin Murphy.Spkr

On the adoption of the amendment, the ayes were 59, nays 108. The amendment was lost.

The following amendment was read:

Representative Johnson of the 153rd moves to amend the Floor substitute to SB 74 by adding after the second semicolon on line 10 of page 1 the following:
"to authorize enrollment of children in any other public school in the local school system when a school is granted charter school status; to provide for scholarship grants when no other public school is available in the local school system;".
By striking the quotation marks on line 18 of page 5 and inserting immediately after the following:
"(i) When any school is granted charter school status, the parent or legal guardian of any child enrolled at such school at the time the charter is granted shall have the following rights:
(1) The right to have the child enrolled at any other public school in the local school system which serves the grade level in which the child is enrolled; or
(2) If there is no other public school in the local school system which serves the grade level in which the child is enrolled, the right to remove the child from enrollment in the public school system and receive from funds of the local school system a scholarship grant of $2,000.00 per school year for the purpose of providing for the child's education at a private school or through home study as otherwise authorized by law.
The right to receive such a scholarship grant shall continue for such time as the child would have been enrolled in the school granted charter school status; provided that such right shall terminate upon the child's ceasing to reside in the local school district or enrolling in any public school in this state or any other jurisdiction.'"

1814

JOURNAL OF THE HOUSE,

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

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

N Colwell N Connell NCox Y Crawford
Y Crews N Culbreth N Cummings
N Davis.G Y Davis.M N Dickinson
YDix N Dixon.H
Dixon.S N Djbbs N Dover Y Ehrhart N Epps Y Evans Y Felton N Floyd.J.M Y Floyd,J.W
N Godbee N Golden N Goodwin
N 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 N Howard N Hudson N Hughes N Hugley N James N Jamieson N Jenkins N Johnson,D.H Y Johnson.E Y Johnson.G
N Johnson,J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane.D N Lane,R Y Lawrence N Lawson NLee Y Lewis
Lord
N 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 N Mosley Y Mueller N Oliver N O'Neal N Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry Y Pinholster NPoag N Polak
Porter N Poston N Powell N Purcell N Randall N Randolph YRay
Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson
N Sinkfield Y Skandalakis N Skipper

On the adoption of the amendment, the ayes were 45, nays 123. The amendment was lost.

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

The following amendments were read and adopted:
Representative Godbee of the 145th, et al. move to amend the Floor substitute to SB 74 by redesignating paragraph (3) on line 33 of page 2 as paragraph (4) and by redesignating paragraphs (4) on line 3, (5) on line 8, and (6) on line 13 of page 3 as paragraphs (5), (6), and (7), respectively; and by adding on line 33 of page 2 a new paragraph (3) to read as follows:
"(3) Be agreed to by over two-thirds of the parents present at a meeting called for the purpose of deciding whether to initiate the petition;".

Representative Thomas of the 100th moves to amend the Floor substitute to SB 74 by redesignating subsections (g) and (h) on lines 10 and 16 of page 5 as subsections (h) and (i), respectively, and by adding between lines 9 and 10 of page 5 a new subsection (g) to read as follows:
"(g) Any request for petition to obtain charter school status sent by a local school to a local school board shall be forwarded by the local school board to the State Board of Education. If a local school board disapproves a local school's request for petition, the local school board must inform the faculty of the local school of the reasons for such disapproval, and a copy of these reasons must be forwarded to the state board. The state board may, at its discretion, request a hearing to receive further information from the local school board and the local school faculty."

WEDNESDAY, MARCH 10, 1993

1815

The Floor substitute, as amended, was adopted.

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

Y Ashe Y Atkins
Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield N 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
Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N 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 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 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 Kmnamon Y Klein YLadd Y Lakly
Y Lane.D Y Lane.R Y Lawrence Y Lawson 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 Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y 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 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, by substitute, as amended, the ayes were 171, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Birdsong of the 123rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 104 Do Pass, by Substitute SB 145 Do Pass, by Substitute SB 192 Do Pass, by Substitute

SB 227 Do Pass, by Substitute SB 231 Do Pass, by Substitute

1816

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Watson of the 139th
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 13 Do Pass, by Substitute SB 137 Do Pass, as Amended
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 279 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SR 21 Do Pass, as Amended SR 156 Do Pass, by Substitute HR 351 Do Pass, as Amended
Respectfully submitted, /s/ 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:

WEDNESDAY, MARCH 10, 1993

1817

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

SB 278 Do Pass, by Substitute SB 339 Do Pass

SB 342 Do Pass SR 238 Do Pass

Respectfully submitted, /s/ Lane of the 55th
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 Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 333 Do Pass, by Substitute SB 343 Do Pass, by Substitute SR 158 Do Pass SR 211 Do Pass SR 228 Do Pass

SR 230 Do Pass SR 231 Do Pass SR 232 Do pass, by Substitute SR 234 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:
Your Committee on Ways & Means has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 6 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the 9th
Chairman

Pursuant to SR 276, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 15, 1993.

1818

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 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.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Hugh McKinney, Fayetteville First Baptist Church, Fayetteville, 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 introduced, read the first time and referred to the committees:
HB 1099. By Representatives Epps of the 131st, Skipper of the 137th and Holland of the 157th: A bill to amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to the prohibition of certain persons to engage in the bail bond business, so as to repeal the restriction for certain officials to engage in such business.
Referred to the Committee on Judiciary.
HB 1100. By Representatives Shipp of the 38th, Atkins of the 29th, Coker of the 31st, Hammond of the 32nd and Culbreth of the 132nd: A bill to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons at school functions or on school property, so as to include bludgeon-type instruments within the definition of weapons.
Referred to the Committee on Special Judiciary.

MONDAY, MARCH 15, 1993

1819

HB 1101. 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 and for a definition relative thereto.
Referred to the Committee on Retirement.

HB 1102. By Representatives Wall of the 82nd, Dix of the 76th, Coleman of the 80th, Johnson of the 84th, Bannister of the 77th and others:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1103. By Representative Childers of the 13th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan funds, so as to provide for such loans for persons to obtain degrees to practice as registered professional nurses for the Department of Human Resources or county boards of health.
Referred to the Committee on University System of Georgia.

HB 1104. By Representative Childers of the 13th:
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 certain members of such retirement system who were employed as county juvenile probation officers prior to becoming members may obtain creditable service for such period of employment.
Referred to the Committee on Retirement.

HB 1105. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system.
Referred to the Committee on Retirement.

HB 1106. By Representatives Thomas of the 100th and Chandler of the 99th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to change the corporate limits of the City of Villa Rica.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1107. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act creating a board of commissioners of Turner County," so as to change the compensation of the chairman and commissioners of Turner County.
Referred to the Committee on State Planning & Community Affairs - Local.

1820

JOURNAL OF THE HOUSE,

HB 1108. By Representative Bargeron of the 120th:
A bill to amend an Act incorporating the City of Stapleton (formerly the Town of Spread), so as to provide for two-year staggered terms of office for the mayor and members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1109. By Representative Lawson of the 20th: A bill to provide a new charter for the City of Lula.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1110. By Representative Carter of the 166th: A bill to provide a new charter for the City of Enigma.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 463. By Representatives Smith of the 169th, Murphy of the 18th, Stephenson of the 25th, Watts of the 26th and Lee of the 94th:
A resolution providing for the placement of a portrait of Mrs. Janette McGarity Barber.
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 1115. By Representative Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1116. By Representative Byrd of the 170th:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1117. By Representative Byrd of the 170th:
A bill to authorize the governing authority of Jeff Davis County to increase the supplement to the salaries of the judges of the superior court of the Brunswick Judicial Circuit and to the salary of the district attorney of the Superior Court of Jeff Davis County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1118. By Representative Byrd of the 170th:
A bill to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 15, 1993

1821

HB 1121. By Representative Coleman of the 142nd:
A bill to provide for the membership of the board of the Dodge County Hospital Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1086 HB 1087 HB 1090 HB 1091 HB 1093 HB 1094 HB 1095

HB 1096 HB 1097 HB 1098 HR 438 HR 441 SB 382

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 1077 Do Pass HB 1078 Do Pass HB 1079 Do Pass HB 1082 Do Pass

HB 1083 Do Pass HB 1085 Do Pass SB 97 Do Pass, as Amended HB 1088 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, MARCH 15, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:
SB 15 Physicians; surgery and invasive procedures; repeal limitation SB 91 Highways; toll provisions; violations; penalties SB 93 Ride-sharing programs; financial support by DOT SB 103 Workers' Compensation Board; cert access to records of fatal
cases SB 117 Registered forester; change requirements SB 129 State agencies; synopsis of proposed rules; requirements SB 130 Vets and animal boarders; disposal or sale of animals; notice SB 146 Insurance; third-party settlements; written notice SB 191 Historic Chattahoochee Comm; members; amend provisions SB 230 Insurance; residential real property policy; cancellation SB 277 Alimony or child support; revision of judgment; cohabitation SB 294 Hazardous sites; inventory; corrective action; exemption

1822

JOURNAL OF THE HOUSE,

SB 355 Financial institutions; dissolution documents; delivery
SR 115 Richmond County; grant easement SR 118 Calhoun, Clinch, Fulton, and Hall counties; convey property SR 119 Certain "Amendment to Leases"; terminate SR 122 Burke 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 1077. 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 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1078.

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 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 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1079.

By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide a one-year residency requirement for persons qualifying for election as a member of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1082.

By Representatives Towery of the 30th, Shipp of the 38th, Clark of the 40th, Ehrhart of the 36th, Atkins of the 29th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the provisions relating to vacancy in the office of the sheriff.

MONDAY, MARCH 15, 1993

1823

The report 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 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1083.

By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 153rd, Pelote of the 149th, Johnson of the 148th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the minimum compensation of the clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1085.

By Representatives Cauthorn of the 35th, Coker of the 31st, Vaughan of the 34th, Hammond of the 32nd, Atkins of the 29th and others:
A bill to create the Cobb County Elected Officials' Compensation Review Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 1088.

By Representative Bargeron of the 120th:
A bill to amend an Act creating a new charter for the City of Wadley, 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 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

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 advertisement of bids; to provide an effective date.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend SB 97 by striking from line 23 of page 2 the following:

1824

JOURNAL OF THE HOUSE,

"$6,999.00", and inserting in lieu thereof the following:
"$1,499.99". By striking lines 27 through 32 of page 2 and inserting in lieu thereof the following: "regulation as shall be made by the county authority. Purchase of $1,499.99 or less may be".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 97, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 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 certain constitutional and statutory provisions.

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 Education, so as to provide for reapportionment of the education districts from which members of the board are elected.

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.

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.

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 general municipal election.

MONDAY, MARCH 15, 1993

1825

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.

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.

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.

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.

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.

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.

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.

1826

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.

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.

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.

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.

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.

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.

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.

MONDAY, MARCH 15, 1993

1827

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.
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 Annotated, 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 Senate has adopted by the requisite constitutional majority the following Resolutions of the House:
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.
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.
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.
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House:
HR 118. By Representative Lane of the 55th:
A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.

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

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.

1828

JOURNAL OF THE HOUSE,

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".

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.

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".

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.

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 drivers in the agricultural industry.

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

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.

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.

MONDAY, MARCH 15, 1993

1829

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 Senate has agreed to the House substitute to the following Bills of the Senate:
SB 108. By Senator Isakson of the 21st:
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.
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 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.
The Senate has agreed to the House amendment to 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 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.

SB 25. By Senators Thomas of the 10th and Walker of the 22nd:
A bill to amend Article 2 of Chapter 26 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 issuance of licenses and requirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary permits.
SB 88. By Senator Isakson of the 21st:
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; to provide for the granting of licenses to certain persons employed in educational institutions under certain conditions.

1830

JOURNAL OF THE HOUSE,

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

SB 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.

The following amendment was read and adopted:

Representative Ployd of the 138th moves to amend SB 117 by adding between lines 8 and 9 of page 3 a new Section 3 to read as follows:
"Section 3. Said part if further amended by striking subsection (a) of Code Section 12-6-54, relating to licenses and reciprocity for nonresidents and others, and inserting in its place a new subsection (a) to read as follows:
'12-6-54. (a) Any nonresident of Georgia er any person whe has been a resident ef Georgia for less tha six months and whe has been person who is licensed as a registered forester under the laws of another state may be licensed and registered under the laws of Georgia by reciprocity without having to qualify under the other provisions of this part, subject to the following conditions:
By redesignating Section 3 on line 9 of page 3 as Section 4.
By redesignating Section 4 on line 12 of page 3 as Section 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 ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 Annotated, relating to the cancellation or nonrenewal of certain property insurance policies, so as to provide the reasons for which an insurer may cancel a residential real property policy.

The following Committee substitute was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise certain provisions regarding required notices by or on behalf of insurers; to provide for the submission of notification with financial statements of an opinion of a qualified actuary regarding reserves and related actuarial items; to provide for the content of such opinion and other matters related to such opinion; to revise the valuation of certain reserves; to provide for the issuance of certain specified rules and regulations by the Commissioner of Insurance; to provide for applicability; to provide for the promulgation of minimum standards applicable to the valuation of accident and sickness and disability plans; to provide the reasons for which an insurer may issue a notice of cancellation for a residential real property insurance policy; to provide time limitations on the ten-day

MONDAY, MARCH 15, 1993

1831

"free look" notice for the return of life insurance contracts and refunding of premiums; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding between subsections (b) and (c) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, a new subsection (b.l) to read as follows:
"(b.l) (1) This subsection shall become operative on December 31, 1994. (2) Every life insurance company doing business in this state shall annually submit
the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts are computed appropriately, are based on assumptions which satisfy contractual provisions, are consistent with prior reported amounts, and comply with applicable laws of this state. The Commissioner by regulation as provided in subsection (1) of this Code section shall define the specific elements of this opinion.
(3) (A) Every life insurance company, except as may be exempted by regulation as provided in subsection (1) of this Code section, shall also annually include in the opinion required by paragraph (2) of this subsection an opinion of the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when considered in light of the assets held by the company with respect to the reserves and related actuarial items, including but not limited to, the investment earnings on the assets and the considerations anticipated to the received and retained under the policies and contracts, make adequate provisions for the company's obligations under the policies and contracts, including but not limited to, the benefits under and expenses associated with the policies and contracts.
(B) Regulations as provided in subsection (1) of this Code section shall provide for a transition period for establishing any higher reserves which the qualified actuary may deem necessary in order to render the opinion required by this paragraph. (4) Each opinion required by paragraph (3) of this subsection shall be governed by the following provisions:
(A) A memorandum shall be prepared to support each actuarial opinion; and (B) If the insurer fails to provide a supporting memorandum at the request of the Commissioner within a period specified by regulations as provided in subsection (1) of this Code section or the Commissioner determines that the supporting memorandum provided by the insurer fails to meet the standards prescribed by such regulations, the Commissioner may engage a qualified actuary at the expense of the insurer to review the opinion and the basis for the opinion and prepare such supporting memorandum as is required by Commissioner. (5) Every opinion issued pursuant to this subsection shall be governed by the following provisions:
(A) The opinion shall be submitted with the annual statement reflecting the valuation of such reserve liabilities for each year ending on or after December 31, 1994;
(B) The opinion shall apply to all business in force, including individual and group health insurance plans;
(C) The opinion shall be based on standards adopted from time to time by the Actuarial Standards Board and on such additional standards prescribed by regulations as provided in subsection (1) of this Code section;
(D) In the case of an opinion required to be submitted by a foreign or alien insurer, the Commissioner may accept the opinion filed by that insurer with the insurance supervisory official of another state if the opinion reasonably meets the requirements applicable to an insurer domiciled in this state;
(E) For the purposes of this subsection, 'qualified actuary' means a member in good standing of the American Academy of Actuaries who meets the requirements set forth in the regulations of such academy;

1832

JOURNAL OF THE HOUSE,

(F) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable for damages to any person, other than the insurer or the Commissioner, for any act, error, omission, decision, or conduct with respect to the actuary's opinion;
(G) Disciplinary action by the Commissioner against the insurer or the qualified actuary shall be as defined in regulations as provided in subsection (1) of this Code section; and
(H) Any memorandum in support of the opinion and any other material provided by the insurer to the Commissioner in connection therewith shall be kept confidential by the Commissioner and shall not be made public and shall not be subject to subpoena, other than for the purpose of defending an action seeking damages from any person by reason of any action required by this subsection or by regulations promulgated pursuant to this subsection; provided, however, that the memorandum or other material may otherwise be released by the Commissioner with the written consent of the insurer or to the American Academy of Actuaries upon request stating that the memorandum or other material is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the Commissioner for preserving the confidentiality of the memorandum or other material. Once any portion of the confidential memorandum is cited by the insurer in its marketing materials or is cited before any governmental agency other than a state insurance department or is released by the insurer to the news media, all portions of the memorandum shall be no longer confidential."
Section 2. Said title is further amended by striking the undesignated language immediately following subparagraph (d)(2)(E) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place the following:
"After July 1, 1973, any insurer may file with the Commissioner a written notice of its election to comply with this paragraph after a specified date before January 1, 1979, which shall be the operative date of this paragraph for such insurer, provided that an insurer may elect a different operative date for individual annuity and pwe endowment
insurer makes no such election, the operative date of this paragraph for such insurer shall be January 1, 1979."
Section 3. Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place a new paragraph (3) to read as follows:
"(3) The interest rates used in determining the minimum standard for the valuation of:
(A) All life insurance policies issued in a particular calendar year, on or after the operative date of subsection (e) of Code Section 33-25-4;
(B) All individual annuity and pure endowment contracts issued in a particular calendar year on or after January 1, 1083 1994;
(C) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1083 1994, under group annuity and pure endowment contracts; and
(D) The net increase, if any, in a particular calendar year after January 1, 1083 1994, in amounts held under guaranteed interest contracts shall be the calendar year statutory valuation interest rates as defined in paragraphs (4) through (7) of this subsection."
Section 4. Said title is further amended by striking subsection (i) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place a new subsection (i) to read as follows:
"(i) An insurer who at any time had adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided for in subsection (g) of this Code section may, with the approval of the Commissioner, adopt any lower standard of valuation but not lower than the minimum provided

MONDAY, MARCH 15, 1993

1833

in this subsection; provided, however, that for the purposes of this subsection, the holding of additional reserves previously determined by a qualified actuary to be necessary to render the opinion required by subsection (b.l) of this Code section shall not be deemed to be the adoption of a higher standard of valuation."
Section 5. Said title is further amended by adding a new subsection (1) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, to read as follows:
"(1) The Commissioner shall promulgate a regulation containing the minimum standards applicable to the valuation of accident and sickness and disability plans and shall promulgate a regulation to implement subsection (b.l) of this Code section. Such regulations shall conform to national standards as set by the National Association of Insurance Commissioners."
Section 6. Said title is further amended by striking subsection (c) of Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in its place a new subsection (c) to read as follows:
"(c) (1) No notice of cancellation of a policy as to which this Code section applies shall be effective unless mailed or delivered as prescribed in Code Section 33-24-44. The insurer shall provide the reason or reasons for such cancellation as required by Chapter 39 of this title.
(2) After coverage under a policy to which this Code section applies has been in effect more than 60 days or after the effective date of a renewal policy to which this Code section applies, a notice of cancellation may be issued only for one or more of the following reasons:
(A) Nonpayment of premium; (B) Discovery of fraud, concealment of material fact, or material misrepresentation made by or with the knowledge of the insured in obtaining the policy, continuing the policy, or presenting a claim under the policy; (C) The occurrence of a change in the risk which substantially increases any hazard the policy insures against; or (D) The insured violates any of the material terms or conditions of the policy."
Section 7. Said title is further amended by striking in its entirety Code Section 33-25-8, relating to the right of a person to return a policy or contract of life insurance and receive a premium refund, and inserting in its place a new Code Section 33-25-8 to read as follows:
"33-25-8. (a) Every individual life insurance policy or contract issued for delivery in this state on or after July 1, 1979, except those issued in connection with a credit transaction, shall have printed on or attached to the contract a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason.
(b) If the purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued.
(c) Without limiting any other method of returning a policy or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by certified mail to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service is obtained.
(d) A person shall be deemed to have received a policy or contract for purposes of subsection (a) of this Code section if there has elapsed a period of six months from the effective date of the policy or contract or if there has elapsed a period of time from the effective date of the policy or contract during which there have been sent to the person two premium notices or other such statements of policy or contract activity, whichever period is longer."

1834

JOURNAL OF THE HOUSE,

Section 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 15. By Senator Egan of the 40th:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, so as to repeal specifically Code Section 43-34-1, limiting the performance of surgery and other invasive procedures; 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 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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 Transportation enforcement officers may enforce all state laws and arrest any person on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the nonpayment of a toll; to provide for fines for failure to pay tolls.

The following amendment was read and adopted:

Representative Benefield of the 96th moves to amend SB 91 by adding on Line 11 of Page 3 after the period and before the word "The" the following sentences which read as follows:
"In the prosecution of an offense, proof that the vehicle was operated in violation of this section, together~wTth proof that the defendant was at the time of sucrTviolation tfie registered owner of the vehicle, shall constitute in evidlmce a rebuttabTe presumption tEat such registered owner of the vehicle was the" person Who committed the violation.

MONDAY, MARCH 15, 1993

1835

Such presumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he was not the operator of the vehicle at the time of the violation."

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

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 Annotated, 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 129. By Senator Walker of the 22nd:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule.

The following amendment was read:

Representatives Lee of the 94th and Walker of the 141st move to amend SB 129 by striking line 1 on page 1 and inserting in lieu thereof the following:
"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 employment position of any person who is granted involuntary separation benefits by a state agency shall remain open permanently; to provide that an amount equal to the sum of the salary and the cost of the retirement with involuntary separation benefits of any employee involuntarily separated shall be deleted permanently from the employing agency's annual budget; to provide for exceptions; to amend Chapter 13 of Title 50 of the Official".
By striking line 10 on page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, is amended by adding at the end thereof a new Code Section 50-1-4 to read as follows:
'50-1-4. (a) As used in this Code section, the term "state agency" means any department, agency, board, commission, or authority of the state or any political subdivision thereof, any employees of which are members of the Employees' Retirement System of Georgia.

1836

JOURNAL OF THE HOUSE,

(b) Any time a state employee entitled to receive involuntary separation retirement benefits pursuant to Code Section 47-2-123 is involuntarily separated from employment and such employee is granted such involuntary separation benefits, the employment position such employee held within a state agency at the time of such involuntary separation from service shall remain open and unfilled permanently. In addition, an amount equal to the sum of such employee's salary at the time of such involuntary separation from service and the cost of such employee's retirement with involuntary separation benefits shall be deleted permanently from the employing state agency's annual appropriations budget.
(c) The provisions of this Code section shall not apply to an employee who is involuntarily separated from service because of a mandatory retirement age or as a direct result of an Act of the General Assembly which abolishes such employee's position.'
Section 2. Chapter 13 of Title 50 of the Official".
By renumbering Section 2 as Section 3.

On the adoption of the amendment, the ayes were 76, nays 24. 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 ayes were 92, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 provisions 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.

The following amendment was read and adopted:

The Committee on Agriculture and Consumer Affairs moves to amend SB 130 by inserting between the words "veterinarian's" and "file" on line 15 of page 2 the following:
"or operator's".
By striking all matter from lines 20 and 21 of page 2 and inserting the following:
"animal or pet over to any humane society or deg pound animal shelter or other such facility; er destroying the".
By adding after the period on line 22 of page 2 the following:
"Where no such shelter facility exists within a 50 mile radius of the veterinarian or operator of a facility's place of business and the veterinarian or operator has been unable to sell or give the animal away, then the veterinarian or operator is authorized to euthanize the animal in a humane manner."

MONDAY, MARCH 15, 1993

1837

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 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, SB 26, which was previously postponed until today, was postponed until 11:00 o'clock tomorrow.

The following Resolutions of the House were read and adopted:

HR 452. By Representative Sherrill of the 62nd: A resolution commending the Hawthorne Challenge.

HR 453. By Representative Ehrhart of the 36th: A resolution celebrating the birth of Samuel Nathan Moorehead.

HR 454. By Representative Ehrhart of the 36th: A resolution celebrating the birth of Brittany Danielle Dreibrodt.

HR 455. By Representative Hughes of the 19th: A resolution expressing sympathy at the passing of Johnnie Belinda Smith.

HR 456. By Representative Porter of the 143rd: A resolution commending Dublin Against Drugs.

HR 457. By Representative Hughes of the 19th: A resolution recognizing the Murrayville Gathering.

HR 458. By Representative Dixon of the 168th: A resolution recognizing Mr. P. B. McCoy.

HR 459. By Representative Dixon of the 168th: A resolution recognizing Mrs. Carrie Perkins.

HR 460. By Representative Dixon of the 168th: A resolution recognizing Mrs. Odessa Gaines.

HR 461. By Representative Mobley of the 86th: A resolution congratulating the City of Winder on its centennial.

HR 462. By Representatives Sherrill of the 62nd and Davis of the 60th: A resolution commending the recognizing Chamblee Clean and Beautiful.

1838

JOURNAL OF THE HOUSE,

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

SB 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 authorized, petition and hearing, cohabitation with third party as ground for revision, attorney's fees, and temporary modification pending final trial, so as to change the provision relating to cohabitation as grounds for revision.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend SB 277 by adding on line 7 page 1 after "revision;" the following:
"To provide for the application;".
To add a new Section 2 to read:
"Section 2. This amendment shall apply to all judgments for permanent alimony entered before or after the effective date of this amendment."
By renumbering Section 2 as Section 3.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 99, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 103. By Senator Pollard of the 24th:
A bill to amend Code Section 34-9-12 of the Official Code of Georgia Annotated, 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.

The report 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.

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 Annotated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys in third-party settlements.

The following amendment was read and adopted:

MONDAY, MARCH 15, 1993

1839

The Committee on Judiciary moves to amend SB 146 by adding on line 15 of page 1 before the word "shall" the following:
"or its representative".

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 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 following amendment was read and adopted:

Representative Patten of the 176th, et al. move to amend SB 294 by inserting on line 6 of page 1, following the word and symbol "state;", the following:
"to provide for the public filing of such inventories".
By inserting on line 27 of page 8, between the symbol "." and the word "This", the following:
"At least annually, beginning July 1^ 1994, the division shall send a copy of the inventory with the sites listed by county to the clerk of each superior court of the state, who shall place and maintain the most current copy of the inventory in the room or rooms in which the deed records of the county are kept."

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

SB 355. By Senators Broun of the 46th and Turner of the 8th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institutions shall be delivered to the Department of Banking and Finance rather than the Secretary of State.

The following Committee substitute was read:

A BILL
To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institutions shall be delivered

1840

JOURNAL OF THE HOUSE,

to the Department of Banking and Finance rather than the Secretary of State; to provide that operators of automated teller machines may charge certain transaction fees; to clarify that the liability of a director of a bank or trust company may be limited or eliminated by a vote of two-thirds of the total shares outstanding; to delete references to certain federal or state deposit insurance corporations; to allow time extensions for the filing of reports of certain currency transactions; to regulate and provide for the safe use of remote service terminals; to provide for definitions; to provide for the adoption of procedures for evaluating the safety of remote service terminal areas; to provide for adequate lighting; to provide for unobstructed areas; to provide for legislative intent; to provide for compliance with this Act; to provide for notice to customers; to provide for exceptions; to provide for applicability; to provide for regulation by the Department of Banking and Finance; to provide for duties, responsibilities, and obligations; to provide for preemption; 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. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Code Section 7-1-113, relating to the voluntary dissolution of a financial institution prior to commencement of business, and inserting in its place a new Code Section 7-1-113 to read as follows:
"7-1-113. (a) A financial institution which has not transacted any business as a financial institution other than organizational business may propose to dissolve by the affirmative vote of shareholders entitled to cast at least two-thirds of the votes which all shareholders are entitled to cast on the plan and by delivering to the Secretory efState department articles of dissolution which shall be executed by two duly authorized officers or shareholders under the seal of the financial institution and which shall contain:
(1) The date of incorporation of the financial institution; (2) A statement that it has not transacted any business as a financial institution other than organizational business; (3) A statement that all liabilities of the financial institution have been paid or provided for;" (4) A statement that all amounts received on account of capital stock, paid-in capital, and expense fund, less amounts disbursed for expenses, have been returned to the persons entitled thereto; and (5) The number of shares entitled to vote on the dissolution and the number of shares voted for and against it, respectively. (b) The articles of dissolution shall be delivered in triplicate te the Secretary efState duplicate to the department together with the filing fee required by Code Section /~i.~oDi&, i no occrCv&py ot ot-fltc snctii tPftusm1t ft copy ot tnc flpticics v& tfic QCps11ment. If the department is satisfied that the financial institution has not conducted any business other than organizational business and, if it finds that the articles of dissolution satisfy the requirements of this chapter, it shall deliver them with its written approval to the Secretary of State and notify the financial institution of its action. If the department shall disapprove the articles of dissolution, it shall give written notice to the financial institution of its disapproval and a general statement of the reasons for its decision. The decision of the department shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90."
Section 2. Said title is further amended by striking subsection (b) of Code Section 7-1-116, relating to articles of dissolution of a financial institution where business has commenced, and inserting in its place a new subsection (b) to read as follows:
"(b) The articles of dissolution shall be delivered to the Secretary ef- State triplieate department in duplicate together with the filing fee required by Code Section 7-1-862. The Secretary ef- State sfeatt immediately transmit te the department one eepyef- the articles ef- dissolution; and; if- If the department finds that the articles satisfy the requirements of this chapter, it shall deliver its written approval to the Secretary of State with a copy of tile articles of dissolution attached."

MONDAY, MARCH 15, 1993

1841

Section 3. Said title is further amended by adding following Code Section 7-1-294, relating to the transaction of business on holidays and outside of banking hours, a new Code Section 7-1-295 to read as follows:
"7-1-295. An operator of an automated teller machine in this state may charge a transaction fee to the customer using the machine. An agreement to share automated teller machines on an interstate basis may not prohibit, limit, or restrict the right to charge such transaction fees."
Section 4. Said title is further amended by striking subsection (e) of Code Section 7-1-493, relating to actions against directors and officers, and inserting in its place a new subsection (e) to read as follows:
"(e) Notwithstanding the foregoing, a bank or trust company may provide through an amendment to its articles of incorporation for the elimination or limitation of the personal liability of a director to the shareholders of the bank or trust company to the same extent as a business corporation incorporated under the provisions of Chapter 2 of Title 14, provided that such an amendment to the articles of incorporation must be adopted by the affirmative vote of two-thirds of the shareholders total shares outstanding."
Section 5. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies, and inserting in its place a new paragraph (1) to read as follows:
"(1) The bank being acquired is either a 'bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a 'savings and loan,' a 'state savings and loan," a 'savings bank,' or a 'federal savings bank' whose deposits are insured by the Federal Savings and Loan Insurance Corporation under a federal deposit insurance program; and".
Section 6. Said title is further amended by striking subsection (a) of Code Section 7-1-626, relating to the rights of bank holding companies consisting of building and loan associations, and inserting in its place a new subsection (a) to read as follows:
"(a) The term 'bank' as used in this part shall include any building and loan association, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 including federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured by the Federal Savings and Loan Insurance Corporation under a federal deposit insurance program. Bank holding companies whose banking subsidiaries consist in part or entirely of building and loan associations, savings and loan associations, state savings and loan associations, or federal savings banks shall have the same but no greater rights and limitations under this part as bank holding companies whose banking subsidiaries consist solely of banks as defined in paragraph (2) of Code Section 7-1-620."
Section 7. Said title is further amended by striking Code Section 7-1-793, relating to the investment trust or public funds in insured deposits, and inserting in its place a new Code Section 7-1-793 to read as follows:
"7-1-793. Administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature; insurance companies; charitable, educational, eleemosynary, and public corporations and organizations; municipalities and other public corporations and bodies; and public officials are authorized to invest funds held by them, without any order of any court, in deposits in building and loan associations or savings and loan associations which are insured by the Federal Savings a*d Loan Insurance Corporation fa the Georgia Credit Union Deposit Insurance Corporation under a federal deposit insurance program; and, to the extent of such insurance, such investments shall be deemed and held to be legal investments for such funds."
Section 8. Said title is further amended by striking Code Section 7-1-797, relating to building and loan association deposit insurance requirements, and inserting in its place a new Code Section 7-1-797 to read as follows:

1842

JOURNAL OF THE HOUSE,

"7-1-797. (a) Every building and loan association shall be required to obtain deposit insurance satisfactory to the department before it may conduct business and accept deposits, except that building and loan associations which have had their deposit insurance coverage withdrawn or canceled may, in the discretion of the department, continue to accept deposits, provided that, within six months after withdrawal or cancellation of insurance, such associations shall obtain deposit insurance written by an insurance company authorized to transact business in this state and acceptable to the department or by the Federal Savings and Loan Insurance Corporation Federal Deposit Insurance Corporation. The department may, in its discretion, for cause shown, extend the time limitation in which deposit insurance must be obtained.
(b) Deposit insurance required to be obtained in subsection (a) of this Code section need not be in excess of amounts insured by the Federal Savings and Loan Insurance Corporation er the Georgia Credit Union Deposit Insurance Corporation Federal Deposit Insurance Corporation at the time the insurance is obtained; but, wherever the insurance coverage is, in the opinion of the department, less than amounts insured by the Federal Savings el Loan Insurance Corporation er tbe Georgia Credit Union Deposit Insurance Corporation Federal Deposit Insurance Corporation, the building and loan association shall be required to post a sign in boldface print, in letters at least four inches high, at a conspicuous place near the entrance of such association, which states 'Deposits Not Insured' or 'Deposits Insured Up To (insert amount of deposit insurance).' Such wording shall also follow the name of the building and loan association wherever it is written or printed and shall be posted in writing which is easily legible in letters at least one inch high at each window or desk receiving deposits."
Section 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-912, relating to records and reports of certain currency transactions, and inserting in its place a new paragraph (1) to read as follows:
"(1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00. Within 15 days of the date of the transaction a complete report of such currency transaction in excess of $10,000.00 shall be filed with the department] provided, however, the commissioner may permit a longer period to be considered a timely filing in the case of filings by magnetic media. In addition, the department shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such currency transaction shall be in an amount exceeding $100,000.00."
Section 10. Said title is further amended by striking Code Section 7-2-6, which reads as follows:
"7-2-6. Any financial institution, as defined in Code Section 7-1-4, which the department finds to be ineligible for deposit insurance provided by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or which was incorporated prior to July 1, 1981, shall be eligible for membership in the corporation and for deposit insurance coverage in the same manner and subject to the same privileges, restrictions, and liabilities as is provided in this chapter for credit unions.", and inserting in its place the following:
"7-2-6. Reserved."
Section 11. Said title is further amended by striking subsection (c) of Code Section 7-2-9, relating to insurance of deposits and shares, and inserting in its place a new subsection (c) to read as follows:
"(c) The amount of insurance coverage on deposits and shares provided by the corporation may be increased from time to time by the directors of the corporation with the approval of the department; provided, however, that in no event may the insurance be increased to an amount greater than the largest amount insured by the Federal Deposit Insurance Corporation; the Federal Savings tat& Loan Insurance Corporation, or the National Credit Union Administration."
Section 12. Said title is further amended by adding at the end thereof a new chapter to read as follows:

MONDAY, MARCH 15, 1993

1843

"CHAPTER 8
7-8-1. As used in this chapter, the term: (1) 'Access area' means any paved walkway or sidewalk which is within 50 feet of
any remote service terminal. The term does not include any street or highway open to the use of the public or any adjacent sidewalk.
(2) 'Access device' shall have the same meaning as set forth in Federal Reserve Board Regulation E, 12 C.F.R. Part 205, promulgated pursuant to the federal Electronic Fund Transfer Act, 15 U.S.C. Section 1601, et seq.
(3) 'Candlefoot power' means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured.
(4) 'Control of an access area' or defined parking area means to have the present authority to determine how, when, and by whom such access area is to be used, maintained, lighted, and landscaped.
(5) 'Customer' means a natural person to whom an access device has been issued for personal, family, or household use.
(6) 'Defined parking area' means that portion of any parking area open for customer parking which is:
(A) Contiguous to an access area with respect to a remote service terminal; (B) Regularly, principally, and lawfully used for parking by users of the remote service terminal while conducting remote service terminal transactions during the hours of darkness; and (C) Owned or leased by the operator of the remote service terminal or owned or controlled by the party leasing the remote service terminal site to the operator. The term does not include any parking area which is not open or regularly used for parking by users of the remote service terminal who are conducting remote service terminal transactions during the hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple-level parking area satisfies the conditions of this paragraph and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the remote service terminal to be the most directly accessible to the users of the remote service terminal shall be a defined parking area. (7) 'Financial institution' means such an institution as defined in Code Section 7-1-4.
(8) 'Hours of darkness' means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise.
(9) 'Operator' means any bank, savings association, credit union, savings bank, or other business entity or any person who operates a remote service terminal, but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data.
(10) 'Owner of an automated teller machine' means the person having the right to determine the financial institutions which will be permitted to use, or participate in the usage of, the automated teller machine but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data.
(11) 'Public road' means any public right of way, including, but not limited to, structures, sidewalks, facilities, and appurtenances incidental thereto.
(12) 'Remote service terminal' means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by store cashier. 7-8-2. (a) On or before July 1, 1994, with respect to all existing installed remote service terminals in this state, and any remote service terminals installed after July 1, 1993, the operator shall adopt procedures for evaluating the safety of the remote service terminals. These procedures shall include a consideration of the following:
(1) The extent to which the lighting for the remote service terminal complies or will comply with applicable standards;

1844

JOURNAL OF THE HOUSE,

(2) The presence of landscaping, vegetation, or other obstructions in the area of the remote service terminal, the access area, and the defined parking area; and
(3) The incidence of crimes of violence in the immediate neighborhood of the remote service terminal as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge.
(b) It is not the intent of the General Assembly in enacting this chapter to impose a duty to relocate or modify remote service terminals upon the occurrence of any particular events or circumstances, but rather to establish a standard of good faith for the evaluation of all remote service terminals as provided in this chapter. A violation of the provisions of this chapter or any regulation made pursuant thereto will not constitute negligence per se.
7-8-3. (a) Each operator of a remote service terminal installed on or after July 1, 1993, shall comply with the provisions of this chapter commencing on the date the remote service terminal is installed. Compliance with the provisions of this chapter by operators as to remote service terminals existing as of July 1, 1993, shall be optional until July 1, 1994, and mandatory thereafter. This Code section shall apply to an operator of a remote service terminal only to the extent that the operator controls the access area or defined parking area to be lighted.
(b) If an access area or defined parking area is not controlled by the operator of the remote service terminal, and if the person who leased the remote service terminal site
to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with the provisions of this chapter
as to any remote service terminals installed on or after July 1, 1994, commencing on the date the remote service terminal is installed and as to any remote service terminal existing as of July 1, 1993, commencing no later than on July 1, 1994.
(c) The operator, owner, or other person responsible for the remote service terminal shall provide lighting during the hours of darkness with respect to an open and operat-
ing remote service terminal and any defined parking area, access area, and the exterior of an enclosed remote service terminal installation according to the following standards:
(1) There shall be a minimum of ten candlefoot power at the face of the remote service terminal and extending in an unobstructed direction outward five feet;
(2) There shall be a minimum of two candlefoot power within 50 feet from all unobstructed directions from the face of the remote service terminal. In the event the remote service terminal is located within ten feet of the corner of the building and
the remote service terminal is generally accessible from the adjacent side, there shall be a minimum of two candlefoot power along the first 40 unobstructed feet of the adjacent side of the building; and
(3) There shall be a minimum of two candlefoot power in that portion of the defined parking area within 60 feet of the remote service terminal.
7-8-4. Customers receiving access devices shall be furnished by the respective issuers thereof with notices of basic safety precautions which customers should employ while using a remote service terminal. This information shall be furnished by personally delivering or mailing the information to each customer whose mailing address as to the
account to which the access device relates is in this state. This information shall be furnished with respect to access devices issued on or after July 1, 1994, at or before the
time the customer is furnished with his or her access device. With respect to a customer to whom an access device has been issued prior to July 1, 1993, the information shall
be delivered on or before July 1, 1994. Only one notice need be furnished per household, and if access devices are furnished to more than one customer for a single account or
set of accounts or on the basis of a single application or other request for access devices, only a single notice need be furnished in satisfaction of the notification responsibilities as to those customers. The information may be included with other disclosures related
to the access device furnished to the customer, such as with any initial or periodic disclosure statement furnished pursuant to the federal Electronic Fund Transfer Act.
7-8-5. The provisions of this chapter shall not apply to any remote service terminal which is located:
(1) Inside a building, unless it is a freestanding installation which exists for the sole purpose of providing an enclosure for the remote service terminal;

MONDAY, MARCH 15, 1993

1845

(2) Inside a building, except to the extent a transaction can be conducted from outside the building; or
(3) In any area, including any access area, building, enclosed space, or parking area, which is not controlled by the operator. 7-8-6. The commissioner of the Department of Banking and Finance is empowered to enforce the provisions of this chapter and is empowered to make all necessary rules and regulations for the purpose of carrying out the purposes of this chapter. 7-8-7. The provisions of this chapter shall not be construed to create any duty, responsibility, or obligation for any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data and is not otherwise a financial depository institution or an operator, as defined in this chapter, and such person or entity shall have no liability of any nature to any customer or user of a remote service terminal and shall not be named in any action by a customer or user of a remote service terminal for any claim concerning any provision of this chapter or relating to the use or attempted use of a remote service terminal. 7-8-8. This chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, consolidated cities and counties, municipalities, and local agencies regarding customer safety at remote service terminals."
Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Canty of the 52nd moves to amend the Committee substitute to SB 355 as follows:
Line 6 page 4 - after the word fee add; , not to exceed $1.00.
Line 9 - strike - limit, or restrict.

On the adoption of the amendment, the ayes were 15, nays 82. The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, SB 355 was ordered immediately transmitted to the Senate.

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.

1846

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 ayes were 94, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 115. By Senator Cheeks of the 23rd:
A resolution authorizing the granting of a nonexclusive easement for operation 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.

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 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 122. By Senator Walker of the 22nd:
A resolution authorizing the granting of a nonexclusive easement for operation 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 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.

Representative Lakly of the 105th arose to a point of personal privilege and addressed the House.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:

MONDAY, MARCH 15, 1993

1847

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.

The following Senate amendment was read:

Amend HB 167 by striking lines 6 through 19 on page 2 and inserting in lieu thereof the following:
"(b) Any employee in the classified service who has accumulated sick leave shall be authorized to utilize such sick leave at any time that the employee is sick. Any employee utilizing two consecutive days or less of accumulated sick leave may be required to provide an affidavit affirming such illness to the employee's supervisor; provided, however, that, if an employee is absent from work on sick leave for three or more days within a 30 day period, the employee's supervisor may require the employee to provide written confirmation of such illness or incapacity by a medical practitioner licensed under Chapter 34 of Title 43; provided, further, that, whenever an employee is sick and absent from work, the employee shall report each day by telephone to the appropriate authority."

Representative Canty of the 52nd moved that the House disagree to the Senate amendment to HB 167.
The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of electronically furnishing obscene material to minors; to define certain terms; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, is amended by adding following Code Section 16-12-100 a new Code Section 16-12-100.1 to read as follows:
"16-12-100.1. (a) As used in this Code section, the term: (1) 'Bulletin board systems' means a computer data and file service that is
accessed by telephone line to store and transmit information. (2) 'CD-ROM' means a compact disc with read only memory which has the capac-
ity to store audio, video, and written materials and is used by computers to reveal the above-said material.

1848

JOURNAL OF THE HOUSE,

(3) 'Electronically furnishes' means: (A) To make available by electronic storage device, including floppy disks and
other magnetic storage devices, or by CD-ROM; or (B) To make available by allowing access to information stored in a computer,
including making material available by operating a computer bulletin board. (4) 'Harmful to minors' means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;
(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (5) 'Minor' means an unmarried person younger than 18 years of age. (6) 'Sadomasochistic abuse' means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. (7) 'Sexual conduct' means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. (8) 'Sexual excitement' means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation. (b) A person commits the crime of electronically furnishing obscene materials to minors if: (1) Knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor:
(A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
(B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse; (2) The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole; (3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and (4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest. (c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Wall of the 82nd moved that the House agree to the Senate substitute to HB 138.
On the motion, the ayes were 105, nays 2. The motion prevailed.
HR 118. By Representative Lane of the 55th: A resolution creating the Joint Boundaries of Regional Development Centers Study Committee.

MONDAY, MARCH 15, 1993

1849

The following Senate amendment was read:

Amend HR 118 by striking on Lines 19 & 20 the sentence "The Speaker shall designate a member of the committee as chairperson of the committee."
And by adding in lieu thereof on Lines 19 & 20 of page one the following, "The Speaker and Lt. Governor shall appoint co-chairs of the committee."

Representative Lane of the 55th moved that the House agree to the Senate amendment to HR 118.
On the motion, the ayes were 101, nays 1.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 107 by striking from lines 8, 9, and 10 on page 1 the following:
"the county or municipality where an offense is alleged to have been committed shall pay the travel expenses of such officer;",
and inserting in lieu thereof the following:
"the agency transporting the arrested person shall be responsible for all costs associated with the transport;".
By striking from lines 16 through 20 on page 2 the following:
"(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.",
and inserting in lieu thereof the following:
"(b) Unless otherwise provided by contract, the agency transporting the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport."

Representative Groover of the 125th moved that the House agree to the Senate amendment to HB 107.
On the motion, the ayes were 103, nays 2.
The motion prevailed.

1850

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.

The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, 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 change the manner in which certain insurance may be provided; 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 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) The grand jwy ef eaeh county, except those counties which are nder local system, shall, front time te time, select from the citizens ef- their respective countics live persons, wiio sndix constitute tne county oo&fd ot educflt1on. oucii mcmDers shaH be elected for a term ef five years and shaU heW their offices until their successors ftre elected &nd Q'Ufti11ied^ proviQcQj ftowevcp, tfiflt RO puD!istier oi scfiooioooKst ftor flny figcut tor sucn puDii9iier, HOP ftny person wno sJn&ii DC pecuniftpily interested HV trie 9die
county school superintendent; provided, further, that whenever No person shall be eligible for election as a member of a local board of education who js 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

MONDAY, MARCH 15, 1993

1851

with the county local 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.
\u) i fie I1GIQ DCPS Or tflC COURty DOSKI'S Of CQUCfttlOll ttt tftOSG COUfltieS tft WiHCfl trWJ
jury selects sucti memDCPS sriftii oe seiectec* by wie iflst gpftnd jury inmiGdiflteiy
wiH 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.
(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 ahull be applicable te att persons seeking te become elected er appointed te any local feeafd 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:
"20-2-52. 3%e g*and jury, i selecting the members ef- the county beard- ef- education,
ef- those selected from the same militia district ei locality, ner shall they select taty persen who resides within the limits ef local school system operated independently ef 4he county beafd bat sfeatt apportion members ef- the county feeafd- as far as practicable ever
iftip Rfiowicd^o of trie elem6niflpy bPftftciies of educfltion &nd "be tflvopflbie TO tzie puDiic school system. Whenever a member ef-the county beard eves his residence hrte a raili-
municipality that has a independent local school system, the member changing his- residence shall immediately eease te be e the county board, and- the vacancy shall be filled s required fey tewr Notwithstanding the foregoing provisions te the contrary, county
selected fre the same militia district. Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided by 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 school super-
tile memDors ot t>ne boftpd or educfttion ftfe1 ftppomtCQ Dy tfte1 p&nd jury, OF tfte secretory of tne DoftPd of educfttion wticn mem DCPS 01 trie DOflPd of educft*ion of supePintGndcni dfo ftppointed by trie ooftPd of educfttion^ to topwflpd TO trie oeeretftpy of otfttc ft certiiicd statement ef the appointments, and commissions shaH be issued as fer county officers. i. lie stfttemeFit must give trie ftdtR^ of tiie flppointeej wftoHt they succeed^ wucttier tiie oflice wfts vftCflted by pesign&tionj dcfttht OP ottiePwise t ftnd t/ne elicctivc dftte of tiie appointment. In addition to certifications of elections now required to be made to the

1852

JOURNAL OF THE HOUSE,

Governor, it shall be the duty of the elections superintendent of each system 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 shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
\"B/ if tRc me111 DCPS ot tiic locfli Doflrd i fjducfltion "Ctrc ftppointCQ oy trie jury) uic fcniftinin^ mem oers &t tfie iocfti DOflPd r cducfition, Dy mfljopity votc( select a qualified pee te f4H the vacancy until the next grand jwy convenes immcdiflieiy iottowiH tfte oocU'M^'ftc^ Or tftc vscfliicyj dt Wuicii time trie ^pftiict jury siiftii 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 school districts the compensation of members of

MONDAY, MARCH 15, 1993

1853

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. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, or b^ a policy secured by an organization of local school boards. 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. he remainder ef seh insurance east shall be paid
eteet te participate the insurance offered by that board, based upon whether these members elect family or individual coverage. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member.
(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 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.
(b) Pursuant to the authority of this subsection, members of any local 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, who, unless otfie rwisc provided Dy ioc&i IQ.W OP w^ trie flosencc ot loccti iflw, oy locfli be*fd policy, shall 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 or their nominee 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 hh the superintendent to do. He The superintendent or their

1854

JOURNAL OF THE HOUSE,

nominee 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, all countics i tiiis stflte riflving d population T not less tntin /o,fiUU nor more tnftn / / >uuu

Cn&IPmflft Of til QOflFd Or 6dUCftElOn fOP SUCH COUnty Sftftli 06 elected dS pfOVldCQ i&f Hi
tiiis Oode section Dut snflii serve lor sucn term ss sti&ii i&e iixed Dy trie ooflpu Dy sppro*"
time by the board. Pursuant to the authority of this subsection, any county board of education whose chairperson is required to be a member of that board who js 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 in those counties which ere vaster a local system, all county school superintendents sn&ii oe elected Dy tne QUfiiitied voters of tneif respective counties quadrennially e Tuesday after the first Monday November, (or terms ef few years
OH t) ftnuftpy T ioliowin^ tne dsy of election, cjd.cn sn&if bold oiiice until nts elected ctnd cjuftiiriecrj provided tnflt, tf tnere is m ftny county one of more
independent school systems net ander the supervision ef the county seheel superintendent^ the voters ef such independent system er systems shall net vete i east? primary erclcction fftr the county school superintendent. Bat this Code section shall net disqualify registered, qualified voters residing i the limits ef the quasi-independent seheel district frem voting any primary ef election fer county school superintendent.
(a) Superintendents of each school system shall be employed by the local Board of Education under written contracts for a term of not less than one (1) year and not more than four (4) years. 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 by 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.
(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 character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or 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

MONDAY, MARCH 15, 1993

1855

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 to the State Board of Education under Code Section 20-2-1160 of a decision to terminate a school superintendent, the chairperson of the local board shall perform all duties in connection with preparing and certifying the record to the state board and all other duties performed by the superintendent in connection with such appeal. If the dismissal of the superintendent is reversed on appeal, the superintendent shall be paid the superintendent's salary and other compensation which accrued pending appeal, but if the dismissal is affirmed, it shall be effective as of the date of the decision of the local board or of any tribunal to which the matter may have been referred by the board.
(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 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 ef area school superintend ent; 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:

1856

JOURNAL OF THE HOUSE,

"(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,
be eligible te be elected er appointed as county school superintendent even though said person m&y not reside us tfiftt p&rt of tne county wnicii ~ts under tne supervision of the county superintendent of scnoois &nd is ineii^iDie vO vote m tne election IOP sucn super* intcndcnt ef schools; ef 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.

Representative Godbee of the 145th moved that the House disagree to the Senate substitute to HB 300.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 206 by striking line 1 on page 1 and inserting in lieu thereof the following:

"To amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries of the clerks of the superior courts, so as to change the minimum annual salaries of such clerks; to amend Code Section 15-16-20 of the Official Code".

By redesignating Section 1 as Section 2 and inserting a new Section 1 to read as follows:

"Section 1. Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries of the clerks of the superior courts, is amended by striking subsection (a), which reads as follows:

'(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999..................................................................................................$ 16,355.00

6,000 11,999.................................................................................................. 22,460.00

12,000 19,999.................................................................................................. 25,443.00

20,000 29,999.................................................................................................. 27,259.00

MONDAY, MARCH 15, 1993

1857

30,000 39,999.................................................................................................. 40,000 49,999.................................................................................................. 50,000 99,999.................................................................................................. 100,000 199,999................................................................................................... 200,000 249,999................................................................................................... 250,000 294,999................................................................................................... 295,000 and up...................................................................................................

29,076.00 30,894.00 32,712.00 34,529.00 36,346.00 50,263.00 55,486.00',

and inserting in lieu thereof a new subsection (a) to read as follows:

'(a) Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1990 or any future such census. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 5,999..................................................................................................$ 17,483.00

6,000 11,999.................................................................................................. 24,010.00

12,000 19,999.................................................................................................. 27,199.00

20,000 29,999.................................................................................................. 29,140.00

30,000 39,999.................................................................................................. 31,082.00

40,000 49,999.................................................................................................. 33,026.00

50,000 99,999.................................................................................................. 34,969.00

100,000 199,999................................................................................................... 36,912.00

200,000 249,999................................................................................................... 38,854.00

250,000 294,999................................................................................................... 53,731.00

295,000 and up................................................................................................... 59,315.00"'

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

Representative Streat of the 167th moved that the House disagree to the Senate amendment to HB 206.
The motion prevailed.

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".

The following Senate amendment was read:

Amend HB 242 by adding preceding "to make certain" on line 5 of page 1 the following:
"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;".
By striking lines 16 and 17 of page 1 and inserting in lieu thereof the following:
"subparagraph, the term terms 'motor common carrier' and 'motor contract carrier' shall not include:".

1858

JOURNAL OF THE HOUSE,

By adding following the word "section" on line 25 of page 5 the following:
"j provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter".

Representative Chambless of the 163rd moved that the House agree to the Senate amendment to HB 242.
On the motion, the ayes were 107, nays 0.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to provide for the issuance 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 provide a time period in which an insurer shall be deemed to have obtained a certificate of authority for an agent; 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 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 Commissioner 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 qualified for the licenses in accordance with this chapter.
(b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered, and the other conditions of licensing.
(c) Upon the request of a licensee under this chapter, the Commissioner shall provide 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 and issuance of such certificate; provided, however, that such cost shall not exceed $25.00."
Section 2. Said chapter is further amended by striking Code Section 33-23-26, relating to an agent's certificate of authority, and inserting in its place a new Code Section 33-23-26 to read as follows:

MONDAY, MARCH 15, 1993

1859

"33-23-26. (a) Each insurer authorized to transact insurance in this state shall obtain an agent's certificate of authority for each agent representing such insurer in the solicitation of, negotiation for, procurement of, or making of contracts of insurance in this state. For the purposes of this subsection, the insurer will be deemed to have obtained a certificate of authority for its designated agent seven working days after the date of mailing of the request for such certificate to the Commissioner by at least firstclass mail; provided, however, that the initial certificate of authority for an applicant for licensure shall not become effective until the date such applicant is finally granted a license by the Commissioner.
(b) All agent's certificates of authority shall be renewed by the insurer on or before January 1 of each year.
(c) The fee for each agent's certificate of authority or renewal or duplicate thereof shall be as provided by law in Code Section 33-8-1.
(d) (1) On or before January 1 of each year every insurer shall file with the Commissioner in such form and manner as the Commissioner may prescribe a certified listing of all of its agents whose certificates of authority are to be renewed for the coming year and shall remit payment to the Commissioner for the appropriate fees.
(2) Each insurer shall also be required to maintain and update periodically its listing of authorized agents filed with the Commissioner in such form and manner as may be prescribed by the Commissioner. (e) If an agent's certificate of authority is terminated, the insurer promptly shall give written notice of said termination and the effective date of the termination to the Commissioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give notice to the agent. (f) All notices of termination shall be filed with the Commissioner in such form and manner as the Commissioner shall prescribe by rule or regulation."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 114th moved that the House agree to the Senate substitute to HB 77.
On the motion, the ayes were 104, nays 0.
The motion prevailed.

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 drivers in the agricultural industry.

The following Senate amendment was read:

Amend HB 759 by deleting on page 3, line 8 the words "is authorized to" and inserting "shall"
inserting on line 10 page 3 after "." the words "by September 1, 1993."

Representative Hanner of the 159th moved that the House agree to the Senate amendment to HB 759.

1860

JOURNAL OF THE HOUSE,

On the motion, the ayes were 105, nays 0. The motion prevailed.

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 following Senate amendment was read:

Amend HB 543 by striking from lines 1 and 2 on page 6 the following: "Code Section 44-14-361.5", and inserting in lieu thereof the following: "paragraph (2) of subsection (b) of this Code section".

Representative Thomas of the 100th moved that the House agree to the Senate amendment to HB 543.
On the motion, the ayes were 101, nays 0.
The motion prevailed.

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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 316 Do Pass, by Substitute SB 369 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 154 Do Pass SB 163 Do Pass SB 175 Do Pass, by Substitute SB 201 Do Pass SB 244 Do Pass SB 249 Do Pass, by Substitute

SB 295 Do Pass, by Substitute

SB

1 Do Pass, by Substitute

SB

2 Do Pass, by Substitute

SB

3 Do Pass, by Substitute

SB 76 Do Pass, by Substitute

MONDAY, MARCH 15, 1993

1861

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 314 Do Pass, as Amended
Respectfully submitted, /s/ Dixon of the 168th
Chairman

Representative Colwell of the 7th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 371 Do Pass
Respectfully submitted, /s/ Colwell of the 7th
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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 463 Do Pass, by Substitute
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 139 Do Pass, by Substitute

1862

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.

TUESDAY, MARCH 16, 1993

1863

Representative Hall, Atlanta, Georgia Tuesday, March 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.

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

Ashe Atkins Baker Bannister Barfoot Bargeron Barnes Benefield Birdsong Bordeaux Bostick Breedlove Brooks.D Brooks.T Brown Buck Buckner
Bunn Burkhalter Byrd Campbell
CC3o'"1168,"1,6 CCaaurttehrorn
Chambless
Chandler
Channell
Childers
Clark

Coker Coleman,B Colwell Connell Cox Crawford Crews Culbreth Cummings Davis.G Davis.M Dickinson Dix Dixon.S Dobbs Dover Ehrhart
Epps Evans Floyd.J.M Floyd.J.W
XGo,ldj en OGrroeeonveer
Hammond
Hanner
Harris.B
Hegstrom
Hembree

Holland Howard Hudson Hughes Hugley James Jamieson Jenkins Johnson.D.H Johnson.G Johnson,J Johnston Kaye Kinnamon Klein Lakly Lane.D
Lawrence Lee Lewis Lord
MMaadrtdinox ,JJ.cBr,ee
McC,hnton
McKmney.B
Mills
Mobley.B
Mobley,J

Moore Mosley Mueller Oliver O'Neal Orrock Padgett Parham Parrish Pelote Perry Pinholster Poag Polak Purcell Randolph Ray
Reaves Reichert Roberta Royal
SSchoagngaihnas n cS,,herr.-inl
Shipp
Smkneld
Skandalakis
Skipper
Smith.C

Smith,L Smith.P Smith.T Smith, V Smith.W Smyre Stancil.F Stancil.S Stanley.L Stanley.P Stephenson Streat Taylor Teper Thomas.C Tillman Titus
Towery Trense Twiggs Vaughan
WWaaltlson mWatte
Westmoreland
Williams,B
Yates
Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Ladd of the 59th, Johnson of the 153rd, Hart of the 116th, Powell of the 23rd, Lawson of the 20th, Bates of the 179th, White of the 161st, Patten of the 176th, Bailey of the 93rd, Heard of the 89th, Harris of the 17th, Turnquest of the 73rd, Jones of the 71st, Henson of the 65th, Randall of the 127th, Coleman of the 142nd, Dixon of the 168th, Canty of the 52nd, Porter of the 143rd and Milam of the 130th.
They wish to be recorded as present.

The following communication was received:

House of Representatives Legislative Office Building, Room 604
Atlanta, Georgia 30334
March 29, 1993
Mr. Robert Rivers Clerk, House of Representatives Room 309 State Capitol Atlanta, GA 30334
Dear Robbie,

1864

JOURNAL OF THE HOUSE,

I am writing to formally request that I be marked excused for the day Tuesday, March 16, 1993. The "storm of the century" made it impossible for me to reach Atlanta that day.
I hope I am not too late, or am making an inconvenience to you. So much was happening the last few days of the session, this just slipped my mind.
If you need to talk to me, my office # is 615 265-6316. I am looking forward to seeing you again.
Sincerely, /s/ Brian D. Joyce

Prayer was offered by the Reverend Carolyn W. Morris, District Superintendent, Athens-Elberton District, United Methodist Church, Athens, 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 1111. By Representatives Atkins of the 29th and Hammond of the 32nd:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowance for employees who first or again become members of the Employees' Retirement System of Georgia on or after July 1, 1982, so as to authorize members to receive military service credit for active duty service in the armed forces of the United States during the period of the Vietnam Conflict.
Referred to the Committee on Retirement.

HB 1112. By Representative Cauthorn of the 35th:
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 for amendment of covenants restricting lands to certain uses affecting certain planned subdivisions in accordance with provisions of such covenants.
Referred to the Committee on Judiciary.

TUESDAY, MARCH 16, 1993

1865

HB 1113. By Representative Skipper of the 137th and Smith of the 102nd:
A bill to amend an Act establishing a Board of Commissioners of Talbot County, so as to provide that such board shall be composed of five commissioners; to provide for commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1114. By Representative Bordeaux of the 151st:
A bill to amend Code Section 43-7-12 of the Official Code of Georgia Annotated, relating to requirements for license to operate a barbershop, so as to change the provisions relating to the requirements for a license to operate a barbershop and to practice barbering as an apprentice.
Referred to the Committee on Industry.

HB 1119. By Representative Cauthorn of the 35th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the courts, so to authorize judges ordering arrest for civil contempt to require entry on the Georgia Crime Information Center network; to provide for fees and costs; to provide that the sheriff of the county shall be responsible for entry and removal of the order.
Referred to the Committee on Judiciary.

HB 1120. By Representative Cauthorn of the 35th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings in evidence, so as to provide for the admissibility of certified documents transmitted by facsimile in certain circumstances.
Referred to the Committee on Judiciary.

HB 1122. By Representative Birdsong of the 123rd:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide that the clerk of the superior court, judge of the probate court, sheriff, tax receiver, tax collector, tax commissioner, or a member of the county board of elections may hire their own legal counsel to defend all or specified civil, criminal, or quasicriminal actions brought against such officer for actions arising out of the performance of such officer's duties or any way connected therewith.
Referred to the Committee on Judiciary.

HB 1123. By Representatives Johnson of the 148th, Johnson of the 153rd, Mueller of the 152nd, Dixon of the 150th and Bordeaux of the 151st:
A bill to amend an Act to dissolve the Savannah-Chatham County Anti-Drug Commission; to repeal the Savannah-Chatham County Anti-Drug Commission Act.
Referred to the Committee on State Planning & Community Affairs - Local.

1866

JOURNAL OF THE HOUSE,

HB 1124. 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.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1099 HB 1100 HB 1101 HB 1102 HB 1103 HB 1104 HB 1105 HB 1106 HB 1107

HB 1108 HB 1109 HB 1110 HB 1115 HB 1116 HB 1117 HB 1118 HB 1121 HR 463

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 256 Do Pass, by Substitute
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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 958 Do Pass HB 1071 Do Pass, as Amended HB 1089 Do Pass HB 1093 Do Pass HB 1094 Do Pass HB 1096 Do Pass

HB 1098 Do Pass SB 258 Do Pass SB 329 Do Pass SB 353 Do Pass SR 250 Do Pass

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

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

TUESDAY, MARCH 16, 1993

1867

HOUSE RULES CALENDAR TUESDAY, MARCH 16, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:
HR 57 Board of Regents; urge promotion of black college to university HR 351 House Study Comm on Decentralization of State Government; create HR 410 House urges Congress support of Honey Price Support Program
SB 9 State agencies; purchasing guidelines; recycled materials SB 13 Stalking and aggravated stalking; define offenses SB 19 Water pollution; combined sewer overflow system; sanctions SB 47 Motor vehicle insurance; glass replacement or repair SB 104 Lottery prizes; setoff of debt to state; establish procedures SB 115 Occupational therapists; licensing; exception SB 137 Professional counseling; definitions; lie requirements SB 145 Coastal Area Olympic Games Authority; create SB 192 Georgia Building Authority; purchases; life cycle costs SB 227 Brokerage Relationships in Real Estate Transactions Act; enact
SR 21 Atlanta Campaign Commission; create SR 128 Univ System; Amer Sign Language; urge foreign language credit SR 156 Ellis G. Arnall Tribute Commission; create SR 158 Lucius D. Clay Memorial Parkway; designate SR 200 Glynn County; convey property SR 226 Fulton County; lease property SR 232 Chattahoochee Valley Trail Scenic Highway; designate SR 233 Cobb County; convey property SR 234 Medal of Honor Highway for Freeman V. Horner; designate SR 238 Regional development centers; ratify certain transfers
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 and Senate were taken up for consideration and read the third time:

HB 958. By Representative Reaves of the 178th: A bill to create the State Court of Brooks 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 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1071. By Representative Twiggs of the 8th: A bill to provide a new charter for the City of Hiawassee.

The following amendment was read and adopted:

1868

JOURNAL OF THE HOUSE,

The Committee on State Planning and Community Affairs moves to amend HB 1071 b"my asytr"i.king from line 2 of page 23 the word "shall" and inserting in lieu thereof the word
By striking from line 4 of page 23 the words "the city manager" and inserting in lieu thereof the following:
"any city manager that may be employed".
By striking from line 10 of page 23 the following:
"four",
and inserting in lieu thereof the following:
"two".
By striking in their entirety lines 1 through 34 on page 35 and inserting in lieu thereof the following:
"(b) The mayor and two councilmembers elected to Post One and Post Two who were elected to their respective offices at the municipal general election in 1990, and any person appointed or elected to fill a vacancy in those offices, shall continue to serve out their respective terms of office which shall expire on December 31, 1993, and upon the election and qualification of their respective successors. The successor to the mayor shall be elected at the municipal general election in 1993, shall take office on the first day of January following the election, and shall serve for a term of office of two years and until his or her successor is elected and qualified. Those successors to councilmembers from Post 1 and Post 2 shall be elected at the municipal general election in 1993, shall take office on the first day of January following their respective elections, and shall serve for terms of office of four years each and until their respective successors are elected and qualified.
(c) The three councilmembers elected to Post Three, Post Four, and Post Five who were elected to their respective offices at the municipal general election in 1990, and any person appointed or elected to fill a vacancy in those offices, shall continue to serve out their respective terms of office which shall expire on December 31, 1993, and upon the election and qualification of their respective successors. Those successors shall be elected at the municipal general election in 1993, shall take office on the first day of January following their respective elections, and shall serve for terms of office of two years each and until their respective successors are elected and qualified.
(d) After successors are elected pursuant to subsections (b) and (c) of this section, successors to the mayor whose term of office is to expire shall be elected at the municipal general election immediately preceding the expiration of such term and shall take office on the first day of January following the election and serve for a term of office of two years and until his or her successor is elected and qualified. After successors to councilmembers are elected pursuant to subsections (b) and (c) of this section, successors to the councilmembers whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms and shall take office on the first day of January following their respective election and serve for terms of office of four years each and until their respective successors are elected and qualified."

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 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

TUESDAY, MARCH 16, 1993

1869

HB 1089. By Representatives Bargeron of the 120th, Harris of the 112th and Moore of the 113th:
A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner and the clerk of the Superior Court of Columbia County.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1093.

By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of Dublin, so as to provide that the time of elections for the City of Dublin will conform with the "Georgia Municipal Election Code".

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1094. By Representative Porter of the 143rd:
A bill to provide that the Board of Education of the City of Dublin shall be a body corporate and politic with authority to purchase, acquire, lease, condemn, and hold real estate in that name.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1096. By Representatives Holland of the 157th and Chambless of the 163rd:
A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of 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 4.
The Bill, having received the requisite constitutional majority, was passed.

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 Circuit; to provide an effective date.

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

1870

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 103, nays 4. The Bill, having received the requisite constitutional majority, was passed.

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 elections and terms of office; to provide for vacancies in the office of chief magistrate and magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 353. By Senator Middleton of the 50th:
A bill to amend an Act creating the Board of Commissioners of Rabun County, as amended, so as to change the provisions relating to the supervisor of roads.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

SR 250. By Senator Perdue of the 18th:
A resolution creating the Houston County Efficiency in Governmental Services Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.

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 351. By Senator Abernathy of the 38th:
A bill to provide that the governing authority of Fulton County may not expand any existing noncommercial county airport to accommodate a commercial use unless such expansion is approved in a referendum.

TUESDAY, MARCH 16, 1993

1871

SB 321. By Senator Abernathy of the 38th:
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, as amended, so as to prohibit certain conduct by the president of the council; to provide for legislative declaration; to provide for disclosure of private business interests by members of the council.

SB 383. By Senator Day of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits.

SB 384. By Senator Hemmer of the 49th:
A bill to provide a homestead exemption from all Hall County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions.

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.

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.

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.

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 circumstances.

1872

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

TUESDAY, MARCH 16, 1993

1873

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.

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.

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.

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.

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.

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.

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 Annotated, relating to boating safety zones and related matters, so as to restrict the operation of certain vessels on certain lakes.

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 Annotated, relating to landscape architects, so as to change the provisions relating to membership of the Georgia Board of Landscape Architects.

1874

JOURNAL OF THE HOUSE,

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 institutions notwithstanding certain relationships between members of the board and such financial institutions.

HB 779. By Representative Cummings of the 27th:
A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia; 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 Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House:

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.

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 Annotated, relating to ad valorem property tax litigation, so as to provide for interest on certain taxpayer refunds.

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

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.

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.

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.

TUESDAY, MARCH 16, 1993

1875

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.

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

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.

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.

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.

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 Committee.

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.

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 Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution 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.

1876

JOURNAL OF THE HOUSE,

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

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 portion of the Chattahoochee River; 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.

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

SB 390. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials.

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

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.

The Senate insists on its amendment to the following Bill of the House:

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.

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

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.

TUESDAY, MARCH 16, 1993

1877

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

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.

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

SB 385. By Senator Langford of the 29th:
A bill to amend an Act incorporating the Town of Gay in the County of Meriwether, as amended, so as to provide for penalties which may be imposed for violation of any ordinance, rule, or regulation of said town.

SB 387. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to amend the charter for the City of Powder Springs to establish the office of the city tax commissioner; to provide for the authority of such official; to establish such official as an ex officio sheriff for the purpose of levy and sale under tax executions.

SB 388. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb County Stadium Authority so as to change the provisions relating to the appointment of members to the Authority and their terms of office; to provide for an effective date.

SB 389. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provision regarding the term of office of the member of the authority appointed by the board of commissioners of Cobb County; to provide for terms of office of four years for certain members of the authority; to provide for an effective date.

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

SB 321. By Senator Abernathy of the 38th:
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, as amended, so as to prohibit certain conduct by the president of the council; to provide for legislative declaration; to provide for disclosure of private business interests by members of the council.
Referred to the Committee on State Planning & Community Affairs - Local.

1878

JOURNAL OF THE HOUSE,

SB 351. By Senator Abernathy of the 38th: A bill to provide that the governing authority of Fulton County may not expand any existing noncommercial county airport to accommodate a commercial use unless such expansion is approved in a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 383. By Senator Day of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits. Referred to the Committee on State Planning & Community Affairs - Local.

SB 384. By Senator Hemmer of the 49th:
A bill to provide a homestead exemption from all Hall County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that school district who have annual gross incomes not exceeding $12,000.00 and who are 62 years of age or over; to provide for definitions.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 385. By Senator Langford of the 29th:
A bill to amend an Act incorporating the Town of Gay in the County of Meriwether, as amended, so as to provide for penalties which may be imposed for violation of any ordinance, rule, or regulation of said town.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 387. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to amend the charter for the City of Powder Springs to establish the office of the city tax commissioner; to provide for the authority of such official; to establish such official as an ex officio sheriff for the purpose of levy and sale under tax executions.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 388. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb County Stadium Authority so as to change the provisions relating to the appointment of members to the Authority and their terms of office; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 389. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provision regarding the term of office of the member of the authority appointed by the board of commissioners of Cobb County; to provide for terms of office of four years for certain members of the authority; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 16, 1993

1879

SB 390. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 464. 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 commending the Morrow High School Lady Mustangs and inviting them to appear before the House of Representatives at a time to be designated by the Speaker of the House.

HR 466. By Representative Felton of the 43rd:
A resolution creating the Education Accountability and Evaluation Commission.

HR 467. By Representative Burkhalter of the 41st:
A resolution encouraging the Governor's Preservation 2000 program and the Advisory Council on Land Acquisition to consider certain metropolitan Atlanta sites for nomination as areas the state should acquire.

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

SR 226. By Senator Hooks of the 14th:
A resolution authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date.

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

Y Ashe Y Atkins Y Bailey Y 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 Y Brown Y Buck

Y Buckner Bunn
Y Burkhalter Y Byrd 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
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
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 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 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 Y Klein

1880

JOURNAL OF THE HOUSE,

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 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 Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter

Poston Y Powell Y Purcell
Randall Y Randolph
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 YSnow
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 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 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and others:
A resolution creating the Ellis G. Arnall Tribute Commission.

The following Committee substitute was read and adopted:

A RESOLUTION
Creating the Ellis Gibbs Arnall Tribute Commission; and for other purposes.
WHEREAS, Ellis Gibbs Arnall streaked across the firmament of Georgia politics in the 1930's and 1940's and left an indelible legacy of reform and progress; and
WHEREAS, he was elected Governor in 1942 and went on to forge historic reforms as Georgia's wartime Governor from 1943 to 1947; and
WHEREAS, he was born in Newnan, Georgia, in 1907, graduated from the University of the South in 1928, and ranked first in the graduating class of 1931 at the University of Georgia School of Law; and
WHEREAS, he served as Speaker Pro Tempore of the House of Representatives at the age of 25, Georgia Attorney General at 31, and Governor at 35; and
WHEREAS, as Governor, he reformed the state's penal system and led the General Assembly in outlawing the use of chains and shackles on prisoners, outlawing whippings of prisoners, establishing vocational training, and in segregating juveniles and first offenders; and
WHEREAS, he reformed the state's election laws by outlawing the poll tax and whites-only Democratic primary and by giving 18-year-olds the right to vote; and
WHEREAS, in 1945, he led the way to the writing of a new state Constitution, the first since 1877; and
WHEREAS, as Governor, he personally argued Georgia's case before the U. S. Supreme Court, successfully challenging discriminatory freight rates which held the south in economic bondage; and

TUESDAY, MARCH 16, 1993

1881

WHEREAS, as Governor, he inherited a $25.8 million state debt and left a $1 million surplus; and
WHEREAS, he held a national appointment as President Truman's director of the Office of Price Stabilization during the Korean War in 1952; and
WHEREAS, he died at the age of 85 on December 13, 1992; and
WHEREAS, during a relatively brief period of time as a public servant, he used the magnetism of his personality, the force of his vision, and the justness of his causes to bring sweeping changes to this state that endure today; and
WHEREAS, his tenure as Governor marked the transition of Georgia's political world into a new era; and
WHEREAS, it is fitting and proper that a suitable tribute be created as a lasting testimony to his contributions to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Ellis Gibbs Arnall Tribute Commission to be composed of six members as follows: two members shall be private citizens appointed by the Governor; two members shall be private citizens appointed by the Speaker of the House of Representatives; and two members shall be private citizens appointed by the President of the Senate. The Governor shall designate one of his appointees as chair of the commission. The commission is empowered to provide for the creation of an appropriate tribute on state property to the Honorable Ellis Gibbs Arnall. The commission is authorized to select the site on state property where such appropriate tribute shall be placed, provided that the site selected shall be subject to the approval of the State Properties Commission or such state agency having control thereof. Such tribute shall be financed through voluntary contributions and no state funds shall be expended for such tribute or the work of the commission. The commission is authorized to accept any gift, donation, or grant in furtherance of its purpose and is authorized to work with any private group, organization, association, or corporation having for its purpose the same purpose as the commission created in this resolution. The commission shall meet as soon as practicable after all members have been designated. The commission shall exist until such time as its purpose is accomplished, at which time it shall stand abolished.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the 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
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 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 Y Ehrhart YEpps Y Evans
Pelton Y Floyd,J.M Y FloydJ.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
Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Y Jamieson 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 Lucas
Y Maddox
E Mann Y Martin
Y McBee Y McClinton Y McKinney,B
YMilam Y Mills Y Mobley.B
Y Mobley,J

1882

JOURNAL OF THE HOUSE,

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
Porter 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 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 Stephenaon 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 adoption of the Resolution, by substitute, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

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.

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
N Barnes Y Bates Y Benefield
Birdsong
Y Bordeaux Y Bostick Y Breedlove N 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 YCauthorn 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
Davia.G Y Davis.M Y Dickinson Y Dix Y Dixon.H Y Dixon,S N Dobbs Y Dover Y Ehrhart N Epps Y Evans
Y Felton Y Floyd,J.M Y Floyd.J.W
Godbee Y Golden Y Goodwin

Y Greene Y Groover Y Hammond
Banner 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
Joyce Y Kaye Y Kinnamon Y Klein

Y Ladd N 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 Y McKinney,B N 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

Y Pelote
Y Perry Y Pinholster
Y Poag Y Polak
Porter 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 N Simpson Y Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith,P Y Smith.T N Smith.V
Y Smith.W

TUESDAY, MARCH 16, 1993

1883

Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,?

Y Stephenson Y Streat Y Taylor
Teague Y Teper N Thomas.C

Y Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland

White Y WilIiams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, the ayes were 153, nays 11. The Bill, having received the requisite constitutional majority, was passed.

Representative Teper of the 61st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

SR 232. By Senators Taylor of the 12th, Ragan of the llth and Turner of the 8th: A resolution designating the Chattahoochee Valley Trail Scenic Highway.

The following Committee substitute was read and adopted:

A RESOLUTION
Designating the Chattahoochee Valley Trail Scenic Highway and the R. G. Daniell, Sr., Memorial Highway; and for other purposes.
Parti
WHEREAS, southwest Georgia is an area rich in history and beautiful, unspoiled scenery; and
WHEREAS, recent efforts to enhance tourism in this region have highlighted the numerous, outstanding state parks and historic sites of interest to the traveling public, including Providence Canyon State Conservation Park, Florence Marina State Park and Museum, the Old Quitman County Jail, George T. Bagby State Park, Lake Walter F. George, Fort Gaines Historic District, Kolomoki State Park and Indian Burial Mounds, Lake Seminole and Seminole State Park, Willis Park, and the Bainbridge Heritage Tour; and
WHEREAS, it is only fitting and proper to recognize and honor the special heritage of the counties in southwest Georgia through which S.R. 39 passes.
NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that S.R. 39 beginning at Omaha, Georgia, and running south through Stewart County, Quitman County, Clay County, Early County, Seminole County, and Decatur County is designated the Chattahoochee Valley Trail Scenic Highway.
Part 2
WHEREAS, the State of Georgia recognizes from time to time the lives of outstanding Georgians by dedicating certain roads, bridges, buildings, and other facilities in their memory; and
WHEREAS, Candler County wishes to recognize a great Georgian for his many contributions to the State of Georgia and to Candler County; and
WHEREAS, Honorable R. G. Daniell, Sr., chose to reside and raise his family in Candler county and while there sought to improve the quality of life for all; and
WHEREAS, Honorable R. G. Daniell, Sr., during his life, served his community as a farmer, newspaper publisher, businessman, Farm Bureau president, Kiwanian, and community leader; and

1884

JOURNAL OF THE HOUSE,

WHEREAS, Honorable R. G. Daniell, Sr., was elected to serve the people of Candler County as state Senator from 1949-1950; and
WHEREAS, the people of Candler County were saddened by his death on June 10, 1991; and
WHEREAS, the State of Georgia wishes to recognize his life and his many contributions to Candler County and to the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route Highway 46 from the city limits of Metter, Georgia, to the Bulloch County line shall be designated as the R. G. Daniell, Sr., Memorial Highway.
Part3
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Chattahoochee Valley Trail Scenic Highway and the R. G. Daniell, Sr., Memorial Highway.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Y 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 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
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 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
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
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 YPoag Y Polak
Porter 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,? 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 Y Titus Y Towery Y Trense 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 adoption of the Resolution, by substitute, the ayes were 166, nays 0.

TUESDAY, MARCH 16, 1993

1885

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

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 Congress to support and maintain the Honey Price Support Program that directly affects Georgia farmers and impacts on American agricultural productivity.

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 Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick N Breedlove Y Brooks.D Y Brooks.T Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter N 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 Y Cummings Y Davis.G Y Davis.M Y Dickinson YDix
Dixon.H Y Dixon,S N Dobbs Y Dover Y Ehrhart YEpps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee Y Golden Y Goodwin Y Greene Y Groover N 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 N Johnson,E Y Johnson.G Y Johnson,J Y Johnstpn Y Jones
Joyce YKaye Y Kinnamon
Y Klein NLadd Y Lakly Y Lane.D Y Lane.R
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 N 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
Porter Poston
Y Powell Y Purcell Y Randall Y Randolph
Ray Y Reaves
Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis
Skipper

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 ,P
Y Stephenson Y Streat Y Taylor
Teague Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs N 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 adoption of the Resolution, the ayes were 149, nays 13. The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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 certain other remedies; to provide for comprehensive procedures.

1886

JOURNAL OF THE HOUSE,

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, 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 any claimant agency may submit to the Georgia Lottery Corporation a list of the names of all persons owing debts to such claimant agency or to persons on whose behalf the claimant agency is acting; to provide that the provision of any such list shall constitute a valid claim of lien against the lottery winnings of any person named in the list; to authorize the Georgia Lottery Corporation to withhold any winnings so liened and to pay the same over to the lienor; to provide that the Georgia Lottery Corporation shall incur no liability for withholding and paying over such amounts in good faith; to provide for certain notices; to provide for the ranking of liens; to provide that the corporation shall not be required to deduct claimed debts from prizes paid out by retailers or other entities other than the corporation; to provide that lists of debts shall be provided periodically; to authorize the corporation to prescribe forms and to promulgate rules and regulations to carry out this Act; to provide confidentiality exceptions; to prohibit certain disclosures; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, is amended by striking subsection (b) of Code Section 50-27-24, relating to restrictions regarding prizes, and inserting in its place a new subsection (b) to read as follows:
"(b) Any Except as otherwise provided in Article 2 of this chapter, attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the corporation. This subsection shall not apply to a retailer."
Section 2. Said chapter is further amended by designating the existing provisions of said chapter as Article 1 and by adding a new article at the end thereof, to be designated Article 2, to read as follows:
"ARTICLE 2
50-27-50. The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the corporation shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for prizes under Article 1 of this chapter from the corporation. It is also the purpose of this article to establish procedures for setting off against any such prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes.
50-27-51. As used in this article, the term: (1) 'Claimant agency' means any state agency or department to which an individ-
ual owes a debt or which acts on behalf of an individual to collect a debt. (2) 'Debt' means any liquidated sum due and owing any claimant agency, which
sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, or any sum which is due and owing any person and is enforceable by the state or any of its agencies or departments.
(3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.

TUESDAY, MARCH 16, 1993

1887

(4) 'Prize' means the proceeds of any lottery prize awarded under Article 1 of this chapter. 50-27-52. The collection remedy authorized by this article is in addition to and not in substitution for any other remedy available by law. 50-27-53. (a) Any claimant agency may submit to the corporation a list of the names of all persons owing debts to such claimant agency or to persons on whose behalf the claimant agency is acting. The full amount of the debt shall be collectable from any lottery winnings without regard to limitations on the amounts that may be collectable in increments through garnishment or other proceedings. Such list shall constitute a valid lien upon and claim of lien against the lottery winnings of any debtor named in such list. The list shall contain the names of the debtors, their social security numbers if available, and any other information which would assist the corporation in identifying the debtors named in the list. (b) The corporation is authorized and directed to withhold any winnings subject to the lien created by this Code section and send notice to the winner by certified mail, return receipt requested, of such action and the reason the winnings were withheld. If the debtor does not protest the withholding of such funds in writing within 30 days of the sending of such notice, the corporation shall pay the funds over to the claimant agency. If the debtor protests the withholding of such funds within 30 days after the mailing of such notice, the corporation shall file an action in interpleader in the superior court of the county in which the debtor resides, pay the disputed sum into the registry of the court, and give notice to the claimant agency and debtor of the initiation of such action. (c) The liens created by this Code section shall rank among themselves as follows:
(1) Taxes due the state; (2) Delinquent child support; and (3) All other final judgments and liens in order of the date entered or perfected. (d) The corporation shall not be required to deduct claimed debts from prizes paid out by retailers or entities other than the corporation. (e) Any list of debt provided pursuant to this article shall be provided periodically as the corporation shall provide by rules and regulations and the corporation shall not be obligated to retain such lists or deduct debts appearing on such lists beyond the period determined by such rules and regulations. (f) The corporation is authorized to prescribe forms and promulgate rules and regulations which it deems necessary to carry out the provisions of this article. (g) The corporation and any claimant agency shall incur no civil or criminal liability for good faith adherence to the provisions of this Code section. 50-27-54. (a) Notwithstanding Code Section 50-27-29, which prohibits disclosure by the corporation of the contents of prize winner records or information, and notwithstanding any other confidentiality statute, the corporation may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this article. (b) The information obtained by a claimant agency from the corporation in accordance with this article shall retain its confidentiality and shall only be used by a claimant agency in the pursuit of its debt collection duties and practices. Any employee or prior employee of any claimant agency who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the corporation."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Cox of the 160th and Watson of the 139th was read and adopted:

1888

JOURNAL OF THE HOUSE,

A BILL
To amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, 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 any claimant agency may submit to the Georgia Lottery Corporation a list of the names of persons owing debts to such claimant agency or to persons on whose behalf the claimant agency is acting; to provide limits for such debts; to provide that the provision of any such list shall constitute a valid claim of lien against the lottery winnings of any person named in the list; to authorize the Georgia Lottery Corporation to withhold any winnings so liened and to pay the same over to the lienor; to provide that the Georgia Lottery Corporation shall incur no liability for withholding and paying over such amounts in good faith; to provide for certain notices; to provide for the ranking of liens; to provide that the corporation shall not be required to deduct claimed debts from prizes paid out by retailers or other entities other than the corporation; to provide that lists of debts shall be provided periodically; to authorize the corporation to prescribe forms and to promulgate rules and regulations to carry out this Act; to provide that the Georgia Lottery Corporation be reimbursed for costs; to provide confidentiality exceptions; to prohibit certain disclosures; to limit application of this Act to prizes of $5,000.00 or more; 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 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, is amended by striking subsection (b) of Code Section 50-27-24, relating to restrictions regarding prizes, and inserting in its place a new subsection (b) to read as follows:
"(b) Any Except as otherwise provided in Article 2 of this chapter, attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the corporation. This subsection shall not apply to a retailer."
Section 2. Said chapter is further amended by designating the existing provisions of said chapter as Article 1 and by adding a new article at the end thereof, to be designated Article 2, to read as follows:
"ARTICLE 2
50-27-50. The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the corporation shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for prizes under Article 1 of this chapter from the corporation. It is also the purpose of this article to establish procedures for setting off against any such prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes.
50-27-51. As used in this article, the term: (1) 'Claimant agency' means any state agency, department, board, bureau, commis-
sion, or authority to which an individual owes a debt or which acts on behalf of an individual to collect a debt.
(2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, or any sum which is due and owing any person and is enforceable by the state or any of its agencies or departments.
(3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.

TUESDAY, MARCH 16, 1993

1889

(4) 'Prize' means the proceeds of any lottery prize awarded under Article 1 of this chapter. 50-27-52. The collection remedy authorized by this article is in addition to and not in substitution for any other remedy available by law. 50-27-53. (a) Any claimant agency may submit to the corporation a list of the names of all persons owing debts in excess of $100.00 to such claimant agency or to persons on whose behalf the claimant agency is acting. The full amount of the debt shall be collectable from any lottery winnings without regard to limitations on the amounts that may be collectable in increments through garnishment or other proceedings. Such list shall constitute a valid lien upon and claim of lien against the lottery winnings of any debtor named in such list. The list shall contain the names of the debtors, their social security numbers if available, and any other information which would assist the corporation in identifying the debtors named in the list. (b) The corporation is authorized and directed to withhold any winnings subject to the lien created by this Code section and send notice to the winner by certified mail, return receipt requested, of such action and the reason the winnings were withheld. However, if the winner appears and claims winnings in person, the corporation shall notify the winner at that time by hand delivery of such action. If the debtor does not protest the withholding of such funds in writing within 30 days of such notice, the corporation shall pay the funds over to the claimant agency. If the debtor protests the withholding of such funds within 30 days of such notice, the corporation shall file an action in interpleader in the superior court of the county in which the debtor resides, pay the disputed sum into the registry of the court, and give notice to the claimant agency and debtor of the initiation of such action. (c) The liens created by this Code section shall rank among themselves as follows:
(1) Taxes due the state; (2) Delinquent child support; and (3) All other judgments and liens in order of the date entered or perfected. (d) The corporation shall not be required to deduct claimed debts from prizes paid out by retailers or entities other than the corporation. (e) Any list of debt provided pursuant to this article shall be provided periodically as the corporation shall provide by rules and regulations and the corporation shall not be obligated to retain such lists or deduct debts appearing on such lists beyond the period determined by such rules and regulations. (f) The corporation is authorized to prescribe forms and promulgate rules and regulations which it deems necessary to carry out the provisions of this article. (g) The corporation and any claimant agency shall incur no civil or criminal liability for good faith adherence to the provisions of this Code section.
(h) The claimant agency shall pay the corporation for all costs incurred by the corporation in setting off debts in the manner provided in this article.
50-27-54. (a) Notwithstanding Code Section 50-27-29, which prohibits disclosure by the corporation of the contents of prize winner records or information, and notwithstanding any other confidentiality statute, the corporation may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this article.
(b) The information obtained by a claimant agency from the corporation in accordance with this article shall retain its confidentiality and shall only be used by a claimant agency in the pursuit of its debt collection duties and practices. Any employee or prior employee of any claimant agency who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information
by an agent or employee of the corporation. 50-27-55. The provisions of this article shall only apply to prizes of $5,000.00 or more
and shall not apply to any retailers authorized by the board to pay prizes of up to $5,000.00 after deducting the price of the ticket or share."

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

1890

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.
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 Y Culbreth
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
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
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 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
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 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
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
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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 351. By Representatives Hanner 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.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 351 by adding after "committees" on line 14 page 2 the following:
"For not more than five days unless additional days are authorized."

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

TUESDAY, MARCH 16, 1993

1891

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 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 YDix Y Dixon.H Y Dixon.S Y Dobbs
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
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 Y Orrock Y Padgett Y Parham Y 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
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 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 adoption of the Resolution, as amended, the ayes were 170, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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 definitions; to provide for the creation of the authority; to provide for the membership 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.

The following Committee substitute was read and adopted:

A BILL
To create the Coastal Area Games Authority; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the authority; to provide for the membership 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; to provide for the organization and meetings of the authority; to provide for reports; to provide the purposes for which the authority is created; to provide for contracts; to provide for the powers and duties of the authority; to provide that members of the authority shall be trustees; to provide for

1892

JOURNAL OF THE HOUSE,

records and audits; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide the court in which actions against the authority may be brought; to provide for construction; to provide for the abolition of the authority and the repeal of this Act on a certain date; 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. Short title. This Act shall be known and may be cited as the "Coastal Area Games Authority Act."
Section 2. Findings, (a) It is found, determined, and declared that the 1996 Olympic Games will be held in Atlanta and various other places within the State of Georgia and that the sailing competition for the 1996 Olympic Games will be held in Chatham County.
(b) It is further found and determined that as the place for the 1996 Olympic Games sailing competition, Savannah, Chatham County, and the coastal counties of the state will host the athletes and officials who will participate in the sailing competition, the news media that will cover the competition, the supporters of the teams entered in the competition, and the spectators of the competition.
(c) It is further found and determined that the 1996 Olympic Games will bring athletes, officials, media representatives, and spectators from around the world to Georgia, and that, while in Georgia, many of the people from these various groups will visit Savannah, Chatham County, and the coastal counties.
(d) It is further found and determined that Savannah and Chatham County may desire to undertake infrastructure improvements prior to the Olympic Games to better accommodate the increased tourism in the Savannah and Chatham County areas.
(e) It is further found and determined that the businesses and citizens of Savannah, Chatham County, and the other municipalities and counties in the coastal region and the local governments serving the coastal region wish to do those things necessary to make the visits of Olympic visitors to Savannah, Chatham County, and the coastal region a memorable experience that will further expand the international tourism market served by Savannah, Chatham County, and the coastal region.
(f) It is further found and determined that Savannah, Chatham County, and the other municipalities and counties in the coastal region wish to ensure that the legacy of the Olympic Games in the coastal region will be the development and continuation of small businesses formed to serve and support Olympic visitors, the expansion of the import and export markets served by the Georgia Ports Authority, the expansion of the tourism industry in the coastal region, and the maintenance of the natural environment and the aesthetic improvements and the infrastructure improvements made to serve the Olympic competition and the Olympic visitors.
(g) Because of the findings and determinations described in subsections (a) through (f) of this section, it is further found that there is a need for the creation of a public authority to develop a comprehensive plan for improving the coastal area's infrastructure and promoting and accommodating increased tourism brought to the coastal area by the sailing competition, as well as accommodating visitors brought to the coastal area by the 1996 Olympics, and to coordinate by contract or other appropriate means the implementation of these plans which will include programs for improving infrastructure, programs for aesthetic improvements and other improvements needed to make the visits to the coastal region by Olympic visitors memorable, and programs and actions directed to developing and sustaining the small businesses created to serve Olympic visitors and the sailing event.
(h) It is further found, declared, and determined that the creation of the public authority provided for in this Act and the carrying out of its corporate purposes are in all respects valid public purposes within the provisions of the Constitution of Georgia.
Section 3. Definitions. Unless the context clearly requires otherwise, as used in this Act, the term:
(1) "Authority" means the Coastal Area Games Authority created in this Act.

TUESDAY, MARCH 16, 1993

1893

(2) "Mayor and Aldermen" means the mayor and aldermen of the City of Savannah.
(3) "Coastal area" means the area comprised of the Counties of Camden, Glynn, Mclntosh, Liberty, Bryan, Chatham, Long, and Effingham.
(4) "Local governments within the coastal area" means the governments of the counties comprising the coastal area and the governments of the municipalities in these counties.
(5) "Public agency" means any agency, board, commission, or department of the State of Georgia, the City of Savannah, Chatham County, the local governments in the coastal area, or the United States.
Section 4. Coastal Area Games, (a) There is created a body corporate and politic to be known as the Coastal Area Games Authority which shall be deemed to be an instrumentality of the state, a public corporation, and a public authority and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Chatham County or of the other counties in the coastal area as provided in Section 12 of this Act. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this Act shall constitute a waiver of any such rights.
(b) The authority shall not be deemed to be the State of Georgia or a political subdivision of the state or an agency of the state or of a political subdivision of the state.
Section 5. Membership, (a) The authority shall be comprised of a minimum of 15 members who shall be selected as follows:
(1) Five members shall be appointed by the mayor and aldermen of the City of Savannah, of which one shall be the mayor and one the city manager;
(2) Five members shall be appointed by the commissioners of Chatham County, of which one shall be the chairperson of the county commissioners and one the county manager;
(3) Five members shall be appointed by the executive committee of the Coastal Area Regional Development Center, of which one shall be the executive director; and
(4) Not more than five members may be appointed ex-officio by the authority. (b) All members shall be appointed for terms of five years. Any vacancy occurring on the authority for any reason shall be filled for the unexpired term by the original appointing body. All members of the authority shall serve until their successors are appointed and qualified. (c) Each member of the authority shall be a resident of the coastal area, except members who may be appointed as ex-officio members. (d) Members of the authority shall receive no compensation for serving on the authority but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
Section 6. Organization; meetings, (a) The organizational meeting of the authority shall be called by the senior member of the Chatham County legislative delegation after all appointments to the authority have been made. At the organizational meeting, the authority shall elect from its own membership a chairperson, vice chairperson, and secretary-treasurer. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the authority shall be as determined by the authority, except as otherwise provided by subsections (b) and (c) of this section.
(b) Eleven members of the authority shall constitute a quorum for the transaction of business. The powers and duties of the authority shall be transacted, exercised, and performed only pursuant to the affirmative vote of at least a majority of a quorum.
(c) The authority shall meet not less than one time during each calendar quarter or on the call of the chairperson of the authority. In the absence of the chairperson, the vice chairperson may call a meeting of the authority and preside at meetings thereof. In the absence of the chairperson and the vice chairperson, the secretary-treasurer may call a meeting of the authority and preside at meetings thereof. The chairperson or other officer of the authority authorized to call a meeting of the authority shall call such a meeting upon a written request being made by five or more members of the authority.

1894

JOURNAL OF THE HOUSE,

(d) The authority shall prepare and submit to the appointing authorities an annual report at the end of each fiscal year of the authority outlining the work of the authority and furnishing to such authorities a copy of its most recent annual independent audit of income and expenditures prepared in accordance with the requirements of Section 10 of this Act.
Section 7. Purposes. The authority is created for the following purposes: (1) To develop and recommend to the appointing authorities a comprehensive plan
for improving infrastructure prior to the 1996 Olympic sailing competition; (2) To promote and advocate programs and activities needed to improve the aes-
thetic and environmental quality of the coastal area; (3) To create, coordinate, and implement advertising and promotional activities
and programs as appropriate in support of bringing Olympic visitors to the coastal area;
(4) To promote and facilitate small business development projects to support the Olympic visitors and activities;
(5) To design funding and implementing strategies for programs and improvements planned to improve infrastructure and accommodate increased tourism in the coastal area; and
(6) To provide under contract with coastal area local governments or other public or private agencies service and infrastructure improvements necessary to promote and accommodate increased tourism brought to the coastal area by the Olympic sailing competition while complying with all applicable federal and state environmental rules and regulations.
Section 8. Contracts for development, redevelopment, and promotion services. To the extent that a contract is entered into pursuant to the provisions of Section 7 of this Act, the authority shall have the power to provide such development and promotion services on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by the authority under paragraph (1) of Section 7 of this Act.
Section 9. Powers and duties, (a) Subject to the provisions of subsection (b) hereof, in addition to any other powers and duties provided for by this Act and solely for the purpose of enabling the authority to carry out its purposes as described in this Act, the authority shall have the following powers and duties:
(1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name, by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the authority shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with property and other assets of the authority; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity or to formulate sound programs of self-insurance to insure or indemnify members of the authority and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (5) To make contracts and to execute all instruments necessary or convenient in connection therewith; (6) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the authority may deem necessary or expedient in facilitating its business; (7) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person,

TUESDAY, MARCH 16, 1993

1895

firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof;
(8) To the extent that a contract between the authority and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the authority;
(9) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; and
(10) To do all things necessary or convenient to carry out the powers and purposes of the authority which are expressly provided for in this Act. (b) Notwithstanding the powers and duties of the authority enumerated in this Act, the authority shall have no power or duty to perform the functions of the Organizing Committee for the Olympic Games (the "OCOG") in organizing and hosting the 1996 Summer Olympic Games as such powers and duties have been granted to the OCOG by the International Olympic Committee (the "IOC") or the functions of the Metropolitan Atlanta Olympic Games Authority ("MAOGA") granted to it in its enabling legislation, or to perform any of the powers or functions of any part to the Host City Contract concluded in Tokyo in September 1990, or the Agreement for Organizing Committee for the Olympic Games dated January 28, 1991. (c) The authority shall not have the right to use any Olympic related mark, emblem, designation, theme, logo, or mascot or any designation that implies a relationship with the OCOG, MAOGA, the United States Olympic Committee, the IOC, any U.S. Olympic Team or otherwise with the 1996 Summer Olympic Games.
Section 10. Members as trustees. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures.
Section 11. Charitable and public functions. Because the authority will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the authority shall be required to pay no taxes or other assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or maintenance of any facility maintained or acquired by it or upon any income received by the authority. The tax exemption provided for in this section shall not include any exemption from sales and use tax on property purchased by the authority. The said property, facilities, and income of the authority are exempt from levy and sale, garnishment, and attachment.
Section 12. Actions. Any action brought against the authority shall be brought in a court of competent jurisdiction, and such court shall have exclusive original jurisdiction on such action.
Section 13. Liberal construction. Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act.
Section 14. The Coastal Area Games Authority created by this Act shall be abolished on January 1, 1997, and this Act shall be repealed in its entirety on January 1, 1997.
Section 15. Repealer. All laws and parts of laws in conflict with this Act are repealed.

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

1896

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick N 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 N Childers N Clark Y Coker Y Coleman.B Y Coleman.T

Colwell Y Connell YCox N Crawford N Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson NDix Y Dixon.H
Y Dixon.S Y Dobbs
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 Manner Y Harris.B
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 N Johnson,J Y Johnston Y Jones
Joyce NKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence N Lawson YLee Y Lewis
Lord Y Lucas Y Maddox E Mann Y Martin
Y McBee Y McClinton
Y McKinney.B Milam
N 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
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 Y Snow Y Stancil,F
N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman N Titus Y Towery Y Trense Y Turnquest ,
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 149, nays 13.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Bordeaux of the 151st 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 465. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Greene of the 158th, Royal of the 164th and others:
A resolution commending and recognizing the faculty and staff of the Georgia Coastal Plain Experiment Station on its 75 years of service to the State of Georgia.

HR 468. 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 Patrick H. Head.

HR 469. By Representative Atkins of the 29th: A resolution commending George Poer Oslin.

HR 470. By Representatives Mueller of the 152nd, Stancil of the 16th, Lawrence of the 64th, Smith of the 174th and Pinholster of the 15th:
A resolution congratulating Carol Coker Ward and William Cleveland Ward IV on the birth of their son, Alexander Robert Ward.

TUESDAY, MARCH 16, 1993

1897

HR 471. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A resolution commending and recognizing Mr. Mitsushi Wada of Rome, Georgia.

HR 472. By Representative Smith of the 109th: A resolution commending William Key "Pete" Malone.

HR 473. By Representative Smith of the 109th: A resolution commending Kathryn Elizabeth Pope Haisten.

HR 474. By Representative Poag of the 6th: A resolution recognizing Joyce Oscar.

HR 475. By Representative Pelote of the 149th: A resolution commending Annie Plummer.

HR 476. By Representative Pelote of the 149th: A resolution commending Brother Herbert Jenkins.

HR 477. By Representative Pelote of the 149th: A resolution commending Nathaniel McKinley Johnson.

HR 478. By Representative Carlisle of the 107th:
A resolution commending and recognizing the 1992 Griffin Bears basketball team.

HR 479. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and Johnson of the 97th:
A resolution commending Mr. Dwayne Hobbs.

HR 480. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and Johnson of the 97th:
A resolution commending Kroger Stores of Georgia.

HR 481. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and Johnson of the 97th:
A resolution commending and recognizing Mrs. Marsha Hood.

HR 482. By Representatives Colwell of the 7th, Twiggs of the 8th, Sherrill of the 62nd and Dixon of the 150th:
A resolution recognizing the Smoky Mountain Jubilee Country Music Show.

HR 483. By Representative Greene of the 158th:
A resolution recognizing the observance of Music In Our Schools Month and Music Week at Randolph-Clay Comprehensive High School, Randolph Elementary School, Clay County Elementary School, and Andrew College.

1898

JOURNAL OF THE HOUSE,

HR 484. By Representative Connell of the 115th:
A resolution commending and recognizing Dr. Fares John on the occasion of his retirement.

HR 485. By Representatives Colwell of the 7th and Twiggs of the 8th: A resolution recognizing Joe K. McCutchen, Jr.

HR 486. By Representative Coleman of the 80th: A resolution commending Young Joe (Jay) Harrington IV.

HR 487. By Representatives Maddox of the 108th, Carlisle of the 107th and Smith of the 109th:
A resolution recognizing the Henry County School System.

HR 488. By Representative Stancil of the 91st: A resolution paying tribute to John Paul Jones.

HR 489. By Representative Cauthorn of the 35th:
A resolution commending the 1992 Marietta High School Blue Devils football team members, coaches, and managers.

HR 490. By Representative Stancil of the 91st: A resolution expressing regret at the passing of Dr. Alan A. Moore, Jr.

HR 491. By Representative Burkhalter of the 41st: A resolution commending the Atlanta Club.

HR 492. By Representative Sherrill of the 62nd: A resolution commending Anne H. Powell.

HR 493. By Representative Sherrill of the 62nd: A resolution commending Kay Murray.

HR 494. By Representative Campbell of the 42nd: A resolution commending the Reverend Cyrus S. Mallard, Jr.

HR 495. By Representative Brown of the 117th: A resolution recognizing the Reverend Kenneth B. Martin.

HR 496. By Representatives Brown of the 117th, Stanley of the 50th, Smyre of the 136th, Davis of the 48th, McClinton of the 68th and others:
A resolution commending LaFace Records.

TUESDAY, MARCH 16, 1993

1899

HR 497. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and Johnson of the 97th:
A resolution commending the Clayton County Olympic Coordinating Committee and the Atlanta Committee for Olympic Games.

The following Bill of the House, having been previously read was again taken up for consideration:

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 Annotated, 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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, so as to change the provisions relating to payments to licensed child-placing agencies placing children with special needs; to revise the maximum amount of such payments; to repeal certain provisions relating to payments; to provide that the board of human resources shall define the special needs child; to provide for other matters relating thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Department of Human Resources is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide:
(1) Preventive services as follows: (A) Collecting and disseminating information about the problems of children and
youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and
(B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems; (2) Child welfare services as follows:
(A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency;
(B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;

1900

JOURNAL OF THE HOUSE,

(C) Supervising and providing required services and care involved in the interstate placement of children;
(D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother;
(E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes;
(F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and
(G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision; (3) Services to courts, upon their request, as follows:
(A) Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court;
(B) Providing shelter or custodial care for children prior to examination and study or pending court hearing;
(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and
(D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39; (4) Regional group-care facilities for the purpose of:
(A) Providing local authorities an alternative to placing any child in a common jail;
(B) Shelter care prior to examination and study or pending a hearing before juvenile court;
(C) Detention prior to examination and study or pending a hearing before juvenile court; and
(D) Study and diagnosis pending determination of treatment or a hearing before juvenile court; (5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions; (6) Regulation of child-placing and child-caring agencies by:
(A) Setting standards for and providing consultation and making recommendations concerning establishment and incorporation of all such agencies; and
(B) Licensing and inspecting regularly all such agencies to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows:
(A) Supervising the work of all child-placing agencies;
(B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes;
(C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;
(D) Inquiring into the character and reputation of persons making application for the adoption of children;
(E) Placing children for adoption;
(F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of

TUESDAY, MARCH 16, 1993

1901

the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and
(G) Providing payment to a licensed child-placing agency which places stieh a child with special needs who is under the jurisdiction of the department for adop-
under trie junsoiclion of cftc d j)QFtmdit &TIQ sued CIIIIQ would otiicrwisc rciwsiri H^ fester eare at state expense. Payment ay ely fee granted (or a special needs ehHd as defined i the rules and regulations ef the department. Payment may not exceed $4,000.00 $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; (8) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and (9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Sinkfield of the 57th, et al. was read:

A BILL
To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for the children of Georgia; to provide for aid to children and families with dependent children and change the provisions relating thereto; to provide for special needs children; to require that certain unmarried minors who are applicants or recipients of assistance under Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, must live in a place with certain types of adult supervision; to provide for the availability of employment services to applicants for Aid to Families with Dependent Children assistance and food stamps; to require certain able-bodied individuals to accept certain employment in order to receive Aid to Families with Dependent Children assistance; to provide for exceptions; to provide certain provisions relative to the birth of children to recipients of certain public assistance or to persons during a period of ineligibility for such benefits; to change the provisions of Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, relating to payments to licensed child-placing agencies placing children with special needs; to revise the maximum amount of such payments; to repeal certain provisions relating to payments; to provide that the board of human resources shall define the special needs child; to provide for other matters relating thereto; to provide for a report; to provide for severability; to provide for federal approval; to provide for effective dates and implementation; to provide for repeals;to repeal conflicting laws; and for other purposes.

1902

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by adding at the end of Article 5 of Chapter 4 of said title, relating to aid to families with dependent children, a new Code section to read as follows:
"49-4-111. To ensure that employment and job-finding assistance are being adequately provided to applicants for and recipients of Aid to Families with Dependent Children assistance and food stamps, the Georgia Department of Labor shall periodically station appropriate staff in each county office which distributes Aid to Families with Dependent Children assistance or food stamps. The Commissioner of Labor and the commissioner of the Department of Human Resources shall enter into written agreements regarding the provision of such employment services to applicants for and recipients of Aid to Families with Dependent Children assistance and food stamps."
Section 2. Said title is further amended by adding at the end of Article 5 of Chapter 4 the following Code sections:
"49-4-112. (a) Except as provided in subsection (b) of this Code section, if a person applying for assistance under this article is under 18 years of age, has never married, and is either pregnant or has a dependent child in the applicant's care, the applicant is not eligible for such assistance if:
(1) The applicant and the applicant's dependent child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such parent's, legal guardian's, or other adult relative's own home or do not live in a foster home, maternity home, or other supportive living arrangement supervised by an adult; and
(2) The department determines after investigation that the physical or emotional health or safety of the person applying for assistance or the dependent child or children would not be jeopardized if the applicant and the dependent child or children were required to live in one of the situations described in paragraph (1) of this subsection, (b) Subsection (a) of this Code section does not apply if:
(1) The person applying for assistance has no parent or legal guardian whose whereabouts are known;
(2) No parent or legal guardian of the person applying for assistance allows the person to live in the home of that parent or legal guardian;
(3) The person applying for assistance lived apart from that person's parent or legal guardian for at least one year before the birth of any dependent child or before the person applied for assistance; or
(4) The department otherwise determines that there is good cause not to apply subsection (a) of this Code section. 49-4-113. (a) For the purpose of this Code section, the term 'able-bodied individual' means all individuals between 18 years of age and 60 years of age, except for those individuals:
(1) Who are medically certified by a licensed physician as incapacitated; (2) Whose presence in the home is required because of the illness or incapacity of another member of the household; or (3) Who are mothers or other relatives caring for a child under 13 years of age. (b) (1) An able-bodied individual who has refused any offer of full-time employment which pays at or above the federal minimum wage or who terminates such employment shall be excluded from any grant of money payments under this article for a period of 30 days. (2) An able-bodied individual who has been excluded from any grant of money payment pursuant to paragraph (1) of this subsection and who subsequently refuses any offer of full-time employment which pays at or above the federal minimum wage or who terminates such employment shall be excluded from any grant of money payments under this article for a period of 90 days from the date of the latest such refusal or termination.

TUESDAY, MARCH 16, 1993

1903

(c) This Code section shall not apply to offers of employment or to termination of employment when:
(1) The individual is either physically or mentally incapable of performing the particular requirements of the employment;
(2) The working conditions or hours present a risk to the health and safety of the individual or the individual's children;
(3) The individual has no means of public or private transportation to the job site and its distance from the individual's residence precludes walking to work;
(4) The individual is a participant in the Positive Employment and Community Help Program; provided, however, that nothing in this Code section shall prohibit a person from being enrolled in such program after accepting an offer of employment under this Code section;
(5) The job does not offer health care benefits for the individual or the individual's medicaid benefits will cease as a result of the employment or continued employment;
(6) The individual is enrolled in school on a full-time basis; or (7) The department otherwise determines that there is good cause not to apply subsection (b) of this Code section. 49-4-114. All applicants for Aid to Families with Dependent Children benefits who have had their first child within one year of first applying for benefits shall be provided by the department with instruction in family planning and parenting skills. Such training shall be provided by the department or by any available alternative program approved by the department and selected by the applicant."
Section 3. Said title is further amended by striking subsection (a) of Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Department of Human Resources is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide:
(1) Preventive services as follows: (A) Collecting and disseminating information about the problems of children and
youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and
(B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems; (2) Child welfare services as follows:
(A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency;
(B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency;
(C) Supervising and providing required services and care involved in the interstate placement of children;
(D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother;
(E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes;
(F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and

1904

JOURNAL OF THE HOUSE,

(G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision; (3) Services to courts, upon their request, as follows:
(A) Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court;
(B) Providing shelter or custodial care for children prior to examination and study or pending court hearing;
(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and
(D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39; (4) Regional group-care facilities for the purpose of:
(A) Providing local authorities an alternative to placing any child in a common jail;
(B) Shelter care prior to examination and study or pending a hearing before juvenile court;
(C) Detention prior to examination and study or pending a hearing before juvenile court; and
(D) Study and diagnosis pending determination of treatment or a hearing before juvenile court; (5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions; (6) Regulation of child-placing and child-caring agencies by:
(A) Setting standards for and providing consultation and making recommendations concerning establishment and incorporation of all such agencies; and
(B) Licensing and inspecting regularly all such agencies to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows:
(A) Supervising the work of all child-placing agencies;
(B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes;
(C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;
(D) Inquiring into the character and reputation of persons making application for the adoption of children;
(E) Placing children for adoption;
(F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and
(G) Providing payment to a licensed child-placing agency which places saeh a child with special needs who is under the jurisdiction of the department for adoplion uitcr trie SLfltc wfls otiicrwisc ufidoic to drrtin^c &n sctop tion tor SUCH

TUESDAY, MARCH 16, 1993

1905

ttndef tfee jurisdiction of the department an4 such ehHd- would otherwise remain at fester eafe at state expense. Payment may ely be granted fer a special needs ehtW as defined in the rules and regulations ef the department. Payment may not exceed $4,000.00 $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; (8) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and (9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians."
Section 4. It shall be the duty of the commissioner of human resources to submit Section 2 of this Act to the Secretary of Health and Human Services for approval pursuant to the federal Social Security Act, 42 U.S.C. Section 602, as amended. If such approval is not granted prior to January 1, 1994, then as of such date Section 2 of this Act shall be void and shall stand repealed in its entirety.
Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 6. Unless repealed as provided by Section 4, Section 2 of this Act shall become effective January 1, 1994, or when the commissioner of human resources has certified to the Governor that the Positive Employment and Community Help Program is available in every county of this state whichever occurs last. Section 3 of this Act shall become effective on July 1, 1993. The remaining sections of this Act shall become effective upon signature of the Governor or upon becoming law without the Governor's signature.
Section 7. Prior to the 1995 regular session of the General Assembly, the Department of Human Resources shall report to the Governor and General Assembly the impact of Sections 1 and 2 of this Act on the number of recipients receiving Aid to Families with Dependent Children benefits. Unless extended by law, Sections 1 and 2 of this Act shall be repealed on July 1, 1995.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Walker of the 141st, Groover of the 125th and Lee of the 94th move to amend the Floor substitute to SB 26 by adding between lines 25 and 26 page 5 the following:

1906

JOURNAL OF THE HOUSE,

"49-4-115. The schedule of benefits to be paid to a recipient family under this article shall eliminate the increment in benefits under the program for which that family would otherwise be eligible as a result of the birth of a child during the period in which the family is eligible for Aid to Families with Dependent Children benefits or during a temporary period in which the family or recipient is ineligible for Aid to Families with Dependent Children benefits pursuant to a penalty imposed by the commissioner for failure to comply with benefit eligibility requirements, subsequent to which the family or recipient is again eligible for benefits. The recipient family in which the recipient parent gives birth to an additional child during the recipient's period of eligiblity for Aid to Families with Dependent Children benefits, or during a temporary penalty period of ineligibility for benefits, may not receive additional benefits, except in the case of a general increase in the amount of Aid to Families with Dependent Children benefits which is provided to all program recipients. This provision shall only apply to recipient families who have been in receipt of cash benefits under this article for a period of 24 consecutive months and who have had three or more children."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

Y Holmes Y Howard N Hudson Y 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
Joyce NKaye N Kinnamon N Klein NLadd N Lakly Y Lane.D N Lane.R N Lawrence N Lawson YLee N Lewis YLord 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 Y Mosley N Mueller Y Oliver Y O'Neal N Orrock N Padgett Y Parham Y Parrish N Patten
Y Pelote N Perry N Pinholster
NPoag Y Polak N Porter
Poston Y Powell Y Purcell Y Randall Y Randolph NRay Y Reaves N Reichert Y Roberts Y Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson Y Sinkfield N Skandalakis Y Skipper

Y Smith.C N Smith,L N Smith,? Y Smith.T N Smith, V N Smith, W Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley.L Y Stanley,? Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas.C N Tillman N Titus N Towery Y Trense Y Turnquest Y Twiggs N Vaughan Y Walker N Wall 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 amendment, the ayes were 93, nays 81. The amendment was adopted.

Representative Baker of the 70th moved that the House reconsider its action in adopting the Walker amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Atkins N Bailey

Y Baker Y Bannister Y Barfoot

N Bargeron Y Barnes Y Bates

N Benefield N Birdsong Y Bordeaux

N Bostick Y Breedlove Y Brooks,D

TUESDAY, MARCH 16, 1993

1907

N Brooks.T N Brown NBuck N Buckner
Y Bunn Y Burkhalter
NByrd Y Campbell
N Canty Y Carlisle N Carrell N Carter Y Cauthorn
N Chambless N Chandler Y Channell N Childers Y Clark Y Coker
N Coleman.B N Coleman.T N Colwell N Connell YCox Y Crawford N Crews N Culbreth Y Cummings
N Davis.G Y Davis.M N Dickinson
YDix N Dixon.H

N Dixon.S Y Dobbs N Dover Y Ehrhart N Epps Y Evans Y Felton N F!oyd,J.M Y Floyd,J.W NGodbee Y Golden N Goodwin N Greene
N Groover N Hammond N Hanner N Harris,B Y Harris.M NHart N Heard N Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard Y Hudson N Hughes N Hugley Y James Y Jamieson Y Jenkins Y Johnson,D.H

N Johnson.E Y Johnson.G Y Johnson,J Y Johnston N Jones
Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly N Lane,D Y Lane,R Y Lawrence Y Lawson
NLee Y Lewis NLord
N Lucas Y Maddox E Mann N Martin N McBee N McClinton Y McKinney,B Y Milam Y Mills N Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver

On the motion, the ayes were 83, nays 91. The motion was lost.

N O'Neal Y Orrock
N Padgett N Parham N Parrish
Y Patten Y Pelote
Y Perry Y Pinholster
NPoag N Polak Y Porter
Poston N Powell
N Purcell N Randall N Randolph
YRay N Reaves Y Reichert N Roberts N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis N Skipper N Smith.C Y Smith.L Y Smith.P

N Smith.T Y Smith.V Y Smith.W N Smyre N Snow N Stancil.F Y Stancil.S
N Stanley.L N Stanley,? N Stephenson
Streat N Taylor
Teague N Teper N Thomas.C Y Tillman Y Titus Y Towery N Trense N Turnquest N Twiggs Y 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 Bunn of the 74th moves to amend the Floor substitute to SB 26 as follows:
Page 5, line 14, After the word "basis" add "and is in regular attendance and making passing grades".

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 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 N Buckner Y Bunn Y Burkhalter
NByrd

Y Campbell Y Canty N Carlisle N Carrell Y Carter
N 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 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
NGodbee N Golden N Goodwin
N 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 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,J Y Johnston N Jones
Joyce YKaye

N Kinnamon Y Klein
YLadd
Y Lakly
N Lane.D
N Lane.R Y Lawrence N Lawson NLee N Lewis NLord N Lucas N Maddox
E Mann N Martin N McBee N McClinton
N McKinney.B
Y Milam Y Mills N Mobley.B N Mobley.J

1908

JOURNAL OF THE HOUSE,

Y Moore Y Mosley Y Mueller N Oliver N O'Neal N Orrock N Padgett N Parham N Parrish N Patten N Pelote N Perry Y Pinholster
NPoag

N Polak
N Porter Poston
Y Powell N Purcell N Randall
N Randolph NRay N Reaves
N Reichert Y Roberts N Royal
N Scoggins N Shanahan

N Sherrill N 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 NSnow

N Stancil.F
Y Stancil,S N Stanley.L N Stanley,? N Stephenson
Streat N Taylor
Teague Y Teper N Thomas.C N Tillman N Titus Y Towery
Y Trense

On the adoption of the amendment, the ayes were 50, nays 124. The amendment was lost.

N Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson N Watts Y Westmoreland N White Y Williams.B Y Williams,R
Y Yates N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Roberts of the 162nd moves to amend the Floor substitute to SB 26 as follows:
Page 3, lines 19-29 remove all of.

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 Y Canty N Carlisle
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 N Davis.M N Dickinson NDix N Dixon.H N Dixon.S N Dobbs N Dover N Ehrhart N Epps Y Evans N 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 N 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
Joyce NKaye N Kinnamon N Klein NLadd Y Lakly N Lane.D N Lane.R N Lawrence N Lawson NLee N Lewis NLord N Lucas
N Maddox E Mann N Martin
N McBee N McClinton N McKinney.B NMilam N Milk

N 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 N Pelote N Perry N Pinholster NPoag N Polak N Porter
Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N Reichert Y Roberts
N Royal N Scoggins N Shanahan N Sherrill
N Shipp N Simpson
N Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 9, nays 164. 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 Stancil.S N Stanley.L N Stanley,? N Stephenson
Streat N Taylor
Teague NTeper 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 Y Westmoreland
N White Y Williams,B N Williams.R N Yates N Yeargin
Murphy.Spkr

TUESDAY, MARCH 16, 1993

1909

The following amendment was read and adopted:

Representative Mobley of the 69th, et al. move to amend the Floor substitute to SB 26 by striking "13" and inserting in lieu thereof "14" on line 9 of page 4.

Representative Mueller of the 152nd moved that the House reconsider its action in adopting the Mobley amendment.
The motion prevailed.

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

Y Ashe N Atkins N Bailey Y Baker N Bannister N Barfoot
Bargeron Y 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 N Carlisle N Carrell N Carter Y Cauthorn
Chambless N Chandler N Channell Y Childers N Clark N Coker N Coleman.B
Coleman.T

N Colwell Connell
NCox N Crawford
Y Crews Y Culbreth Y Cummings Y Davis.G N Davis.M Y Dickinson NDix Y Dixon.H N Dixon.S N Dobbs N Dover N Ehrhart
Y Epps N Evans N Felton N Floyd,J.M Y Floyd,J.W Y Godbee N Golden Y Goodwin
Y Greene Y Groover
Y Hammond Y Manner N Harris.B N 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 N Jenkins Y Johnson.D.H N Johnson,E
N Johnson.G N Johnson,J Y Johnston Y Jones
Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane.D N Lane,R
N Lawrence N Lawson N Lee N Lewis YLord Y Lucas
N Maddox E Mann Y Martin Y McBee Y McClinton
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 N Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry N Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell Y Randall Y Randolph
NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins N Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield Y Skandalakis N Skipper

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

On the re-adoption of the amendment, the ayes were 84, nays 81. The amendment was adopted.

The following amendment was read:

Representative Stancil of the 16th moves to amend the Floor substitute to SB 26 as follows:
P. 4 line 30 change "a" to "an" after word present.
P. 4 line 31 before word "risk" insert word "unreasonable".

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

1910

JOURNAL OF THE HOUSE,

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

N Colwell N Connell YCox Y Crawford Y Crews N Culbreth N Cummings N Davis.G Y Davis.M Y Dickinson YDix N Dixon,H N Dixon,S N Dobbs
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 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 Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston N Jones
Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly Y Lane.D N Lane.R Y Lawrence N Lawson NLee Y Lewis
NLord N Lucas Y Maddox E Mann N Martin N McBee
McClinton N McKinney.B NMilam 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
YPoag N Polak N Porter
Poston N Powell N Purcell N Randall N Randolph NRay N Reaves Y Reichert N Roberts
N Royal N Scoggins
Y Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis
N Skipper

On the adoption of the amendment, the ayes were 55, nays 115. The amendment was lost.

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

The following amendment was read:

Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st move to amend the Floor substitute to SB 26 by striking the figure "30" on line 15 of page 4 and inserting in its place the figure "90".
By striking the figure and word "90 days" on line 23 of page 4 and inserting in their place the words "six months".

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 Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield N Birdsong Y Bordeaux N Bostick Y Breediove Y Brooks,D N Brooks.T N Brown YBuck

Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Y Carrell Y Carter
Y Cauthorn N Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y ColemanJB Y Coleman.T

Colwell N 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 Y Ehrhart NEpps Y Evans

Y Felton Y Floyd,J.M Y Floyd,J.W N Godbee
Y Golden N Goodwin
N Greene N Groover Y Hammond Y Hanner 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 Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston N Jones
Joyce YKaye Y Kinnamon
Y Klein

TUESDAY, MARCH 16, 1993

1911

YLadd Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis NLord N Lucas Y Maddox E 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 Y Oliver Y O'Neal
Y Orrock
N Padgett N Parham Y Parrish Y Patten Y Pelote
Y Perry
Y Pinholster
YPoag Y Polak Y Porter

Poston Y Powell Y Purcell N Randall N Randolph YRay Y Reaves Y Reichert N Roberts Y Royal N Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis N Skipper

Y Smith.C Y Smith.L Y Smith,P
Smith.T Y Smith.V Y Smith.W N Smyre YSnow N Stancil.F
Y Stancil.S N Stanley.L N Stanley,?
N Stephenson
Streat N Taylor
Teague N Teper Y Thomas.C

On the adoption of the amendment, the ayes were 125, nays 45. The amendment was adopted.

Y Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall
N Watson N Watts Y Westmoreland N White Y Williams.B Y Williams.R
Y Yates N Yeargin
Murphy,Spkr

The following amendment was read:
Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st move to amend the Floor substitute to SB 26 by inserting after the word "cease" on line 11 of page 5 the following:
"within 12 months or such later time as may be extended by the state". By deleting the words "or continued employment" on line 12 of page 5.

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 Y 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 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

N Colwell
N Connell
YCox
Y Crawford
Y Crews Y Culbreth
Y Cummings
N Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H
N Dixon.S Y Dobbs N Dover Y Ehrhart
N Epps Y Evans Y Felton Y Floyd,J.M
Y Floyd,J.W N Godbee Y Golden N Goodwin Y Greene N Groover Y Hammond Y Manner 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 Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
N Jones 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 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 N Padgett Y Parham Y Parrish Y Patten Y Pelote
N Perry
Y Pinholster
YPoag Y Polak
Y Porter
Poston Y Powell Y Purcell
N Randall Y 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 Y Smyre Y Snow N Stancil,F Y Stancil.S Y Stanley.L Y Stanley,? N Stephenson Y Streat
N Taylor
Teague N Teper
Y Thomas.C
Y Tillman Y Titus Y Towery Y Trense
N Turnquest N Twiggs Y Vaughan Y Walker Y Wall N Watson Y Watts Y Westmoreland N White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

1912

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 139, nays 36. The amendment was adopted.

The following amendment was read:

Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th move to amend the Floor substitute to SB 26 by deleting all matter on lines 22 and 23 of page 12.
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 Y 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 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 N 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
Y Ehrhart NEpps 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 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 Y Jenkins N Johnson,D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston N Jones
Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y LaneJR Y Lawrence Y Lawson YLee Y Lewis NLord N 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 Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell N Randall N Randolph YRay
Y Reaves Y 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 Y Smith.T Y Smith,V Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S N Stanley.L Y Stanley.P Y Stephenson
Y Streat N Taylor
Teague N 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 N White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 147, nays 28. The amendment was adopted.

The Floor substitute, as amended, was adopted.

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

Y 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

N Brooks.T Y Brown
YBuck Y Buckner Y Bunn

Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle

TUESDAY, MARCH 16, 1993

1913

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 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 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 YLane.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 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 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
Teague Y Teper Y Thomas.C Y Tillman
Y Titus Y Towery Y Trense Y Tumquest
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 174, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 557

The Committee of Conference on HB 557 recommends that the Senate recede from its position and that HB 557 as passed by the House of Representatives be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Steve Thompson Senator, 33rd District

/s/ Roy E. Barnes Representative, 33rd District

/s/ Charles C. Clay Senator, 37th District

/s/ Lynda Coker Representative, 31st District

/s/ Johnny Isakson Senator, 21st District

/s/ Matt A. Towery Representative, 30th District

1914

JOURNAL OF THE HOUSE,

Representative Barnes of the 33rd moved that the House adopt the report of the Committee of Conference on HB 557.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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 1095 Do Pass HB 1110 Do Pass SB 298 Do Pass, by Substitute SB 319 Do Pass

SB 338 Do Pass SB 382 Do Pass SB 354 Do Pass

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

Representative Walker of the 141st moved that all remaining Bills on the Rules Calendar be postponed until tomorrow.

The motion prevailed.

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

HB 1095. By Representatives Connell of the 115th, Brown of the 117th, Hart of the 116th, Padgett of the 119th, Howard of the 118th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that any superior court judge currently serving in the Augusta Judicial Circuit and any additional superior court judge appointed hereafter to such circuit shall receive such compensation.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), so as to increase the salary for the members of the board of education; to provide a maximum monthly allowance

TUESDAY, MARCH 16, 1993

1915

for expenses within the county; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), is amended by striking in its entirety Section 2 and inserting in its place a new section to read as follows:
"Section 2. Each member of the Board of Education of Gwinnett County shall be compensated in the amount of $450.00 per month until December 31, 1994, and $750.00 per month effective January 1, 1995, and thereafter. In addition, each member of the board of education shall receive an expense allowance for documented actual and necessary expenses incurred in the performance of the member's duties within the county, not to exceed $150.00 monthly, and reimbursement for documented actual and necessary expenses incurred in the performance of the member's duties outside the county in such amount as shall be authorized by a majority vote of the board of education. Records of such documentation shall be kept on file at the office of the board of education for such reasonable period of time as shall be established by the board of education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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.

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

SB 338. By Senator Thompson of the 33rd:
A bill to amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Austell in Cobb and Douglas counties," as amended, so as to provide a residency requirement for persons seeking election to the position of mayor or council member.

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

SB 382. By Senator Kemp of the 3rd:
A bill to create the State Court of Mclntosh County; to specify the location of the court; to provide jurisdiction of the court; to provide for jury trial under certain circumstances; to provide for practice and procedure; to provide terms of court; to specify costs; to provide for transfer of certain matters from the Superior Court of Mclntosh County; to provide for institution of criminal cases; to provide for appeals; to provide for juries.

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

1916

JOURNAL OF THE HOUSE,

SB 354. By Senator Thompson of the 33rd:
A bill to amend an Act entitled "An Act to increase the amount of the homestead exemption from City of Austell ad valorem taxes," so as to provide that such exemption shall apply to municipal taxes.

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
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
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 YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G
Davis.M Y Dickinson YDix
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
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
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 Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell Y Randall 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
Teague YTeper
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
Yeargin Murphy.Spkr

On the passage of the Bills, the ayes were 161, nays 0. The Bills, having received the requisite constitutional majority, were passed.

All Local Bills on the Supplemental Local Calendar were ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 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.

TUESDAY, MARCH 16, 1993

1917

The following Senate substitute was read:

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

$

8,637,470

$

8,637,470

1918

JOURNAL OF THE HOUSE,

Speaker of the House's Office
Clerk of the House's Office Total

$

471,101

$

1,256,593

$

10,365,164

$

471,101

$

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 Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................!

15,405,007 12,960,633
386,000 521,650 115,540
15,000 803,184 39,000

TUESDAY, MARCH 16, 1993
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..................................................! 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.........................................................!

1919
450,000 114,000 15,405,007 15,405,007
5,043,199 4,239,099 1,489,100 5,728,199 5,043,199
5,723,190 5,059,013
714,177 5,773,190 5,723,190
47.889,905 46,639,629
1,806,426 154,502 105,139
1,058,425 49,764,121 47,889,905
934,675
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

1920

JOURNAL OF THE HOUSE,

Payment to Computerized Information Network ..................................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

660,000 2,269,973 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....................................................................!

36.249,264 47,339,868 12,388,068
259,300 270,400 1,632,804 11,272,599 2,937,687 4,827,483 469,425 11,289,500 41,000
2,750,000
0
2,321,811 45,416,967
440,600 16,500,000
150,000 35,000 160,342,512 36,249,264

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

1,840,408 5,042,329 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

590,850 5,009,940 8,199,303
470,802 2,809,246
0 0 12,885,843 0 5,850,000 0 0

TUESDAY, MARCH 16, 1993

1921

Mail and Courier Services Risk Management State Properties Commission Total

1,156,700 2,047,261
433,280 160,342,512

0 0 433,280 36,249,264

B. Budget Unit: Georgia Building Authority....................................! Personal Services,............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
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 0
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 .........................................................$

33,019,358 29,214,717 4,079,695

1922

JOURNAL OF THE HOUSE,

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................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

915,170 379,616 396,337 281,807 787,510 395,000 1,173,236 860,000
2,470,000
2,030,634 412,000 127,000 175,000
569,650
200,000 0
40,000 44,507,372 33,019,358

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

$

6,991,961

$

1,699,735

$

3,193,516

$

3,283,816

$

2,033,062

$

2,929,131

$

7,805,216

$

3,891,566

$

4,486,042

$

656,360

$

2,276.561

$

44,507,372

4,954,406 6,735,961 1,647,735 3,068,516 2,894,316 2,033,062 2,795,731
4,905,673 1,316,955
864,442 0
1,802,561 33,019,358

B. Budget Unit: Georgia Agrirama Development Authority..
Personal Services....................................... Regular Operating Expenses...................
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$

0 795,000 189,361
6,000 23,000 10,000 2,250
0 7,500 13,939

TUESDAY, MARCH 16, 1993

1923

Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

75,000 104.500 1,226,550
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....................................................................$

7,585,368 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....................................................................!

82,795,457 59,698,843 4,276,500
704,800 271,480 312,695 486,431 1,313,800 673,600 1,982,800 1,979,900
526,600
2,686,400 9,538,508
182,400 84,634,757 82,795,457

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

20,490,464 10,405,484 7,839,418 4,409,298 4,738,127 14,329,468 3,043,100
911,500 806,904 10,346,428

19,761,064 10,005,784 7,501,118 4,247,498 4,528,027 14,329,468 3,043,100
911,500 806,904 10,346,428

1924

JOURNAL OF THE HOUSE,

Runaway Investigation/ Interstate Compact
Assessment and Classification
Youth Services Administration
Total

$

821,780

$

947,340

$

5,545,446

$

84,634,757

$

821,780

$

947,340

$

5.545.446

$

82,795,457

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) ....................................................................... $ 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 ................................................................ $

19,406,995 5,422,891
230,905 160,820
0 2,000 152,730 549,167 45,883 247,034
0
2,272,825 1,205,000
94,731
30,000,000 250,000
157,323
0 750,000
4,625,000
3,000,000
1,686,111
1.000,000 51,852,420 19,406,995

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

$

15,974,507

$

1,467,768

$

32,036,289

$

2,373,856

$

51,852,420

$

14,689,207

$

1,467,768

$

1,036,702

$

2.213.318

$

19,406,995

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation. .................................................... . $ Personal Services......................................................................... $

550.890.406 387,225,297

TUESDAY, MARCH 16, 1993

1925

Regular Operating Expenses.........................................................!
Motor Vehicle Purchases...............................................................!
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....................................................................!

54,242,079 2,223,686 3,086,323 3,783,537 6,098,472 5,299,932 5,158,171 4,633,499
447,000 17,070,956
575,000 13,870,000 3,017,200
886,000
3,766,755
1,331,900
444,500 1,740,000 46,715,034
55,000
332,060 1,304.300 563,306,701
450,000 0
550,890,406

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

54,281,317

! 411,492,685

$

97,532,699

! 563,306,701

53,778,707 410,370,685 86,741.014 550,890,406

B. Budget Unit: Board of Pardons and
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

36.652.533 29,751,317
1,202,084 691,100 81,000 164,860 470,772
2,526,400 837,500 272,500 650,000 5,000
36,652,533 36,652,533

Section 18. Department of Defense. Budget Unit: Department of Defense ................................................!

3,824,731

1926

JOURNAL OF THE HOUSE,

Personal Services..................... Regular Operating Expenses .
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

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

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 ...................................................?

3.128,088,118
37,105,356 4,126,626 1,087,967
109,500 421,823 7,010,846 1,471,304 1,180,382 15,781,097 742,880
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

TUESDAY, MARCH 16, 1993
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.......................................................................! Next Generation School Grants....................................................! Limited English-Speaking Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transition Program for Refugees..................................................................................!
Emergency Immigrant Education Program.....................................................................!
Title II Math/Science Grant (Federal)............................................................................!

1927
51,755,114
416,000
186,500,970
4,950,000
36,176,572
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 4,169,352
22,934,480
10,783,825
11,701,897
0 2,450,000 1,000,000
6,924,763 11,841,909
119,012
223,824
3,715,615

1928

JOURNAL OF THE HOUSE,

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....................................................................!

232,000
90,047,892
13,782,520 1,000,000
65,000 3,590,432,003
340,000 3,128,088,118

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

$

6,338,056

$

19,876,360

$

1,158,966

$

18,906,232

$

5,884,043

!

836,487

! 3,521,344,222

$

4,794,698

$

6,473,949

$

4,818.990

$ 3,590,432,003

$

6,022,050

14,430,216

1,047,764

14,367,907

2,463,620

836,487 3,073,696,242

4,605,697 6,282,662

4,335.473 3,128,088,118

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...................................................................! Educational Technology Centers..................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

62.317.678
37,100,000
10,310,000 1,000,000
12,304,078 603,600
1,000.000 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

TUESDAY, MARCH 16, 1993

1929

Section 21. Forestry Commission.

...............................$

..............................$

..............................$

Travel.................................................................. ..............................$

Tvlotor Vehicle Purchases

..............................$

..............................$

..............................$

Real Estate Rentals ........................................ ................................$

..............................$

..............................$

Ware County Grant ............. ...........................................................$

Ware County Grant for Southern

Forest World .................................................. ..............................$

Ware County Grant for

..............................$

..............................$

Total Funds Budgeted...................................... ..............................$

State Funds Budgeted

...................$

33,130,535 27,388,183 5,225,056
150,185 1,212,005 1,800,000
300,279 52,245 1,015,119 427,797
0
30,000
60,000 200,000 37,860,869 33,130,535

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,650,394

$

32,072,696

$

4.137,779

$

37,860,869

$

0

$

29,271,974

$

3,858,561

$

33,130,535

Section 22. Georgia Bureau of Investigation.

Budget Unit: Georgia Bureau of Investigation .................................$

...............................a

,..............................$

Travel .................................................................................................$

,..............................$

,..............................$

Computer Charges......... ...................................................................a

Real Estate Rentals..........................................,..............................$

...............................$

Per Diem, Fees and Contracts .......................................................$

...............................$

...............................$

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. Budeet Unit: Office of the Governor..................................................$

25.052.407

1930

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ 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 ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

12,822,822 851,717 250,595 15,000 104,531 506,880 973,937 306,419
25,738,704 3,037,100
40,000 3,250,000
160,000 2,857,357
511,515 42,800
0 290,975 1,144,625
603,200
100,000 432,000 1,044,200
0 50,000 55,134,377 25,052,407

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

6,487,100
871,538
5,700,803 4,032,670 2,299,290 24,820,072
362,389
526,513
840,313
1,753,085 265,609
3,310,673
3,664,322
200,000

6,487,100
766,538
5,700,803 3,217,076 2,299,290
303,151
94,963
526,513
352,664
498,085 265,609
3,310,673
1,029,942
200,000

TUESDAY, MARCH 16, 1993

1931

Total

!

55,134,377

$

25,052,407

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
Contract8.......................................................................................$ Institutional Repairs
and Maintenance.........................................................................! Postage..............................................................................................! Payments to DMA-Community
Care ...............................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

585,936.163
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
31,009,953
62,500 932,445
13.054,342 121,391,321
412,600 71,397,582

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 47,164,609
1,515,244 121,391,321

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 21,386,612
1,435,244 71,397,582

2. Public Health Budget: Personal Services..................... Regular Operating Expenses.

47,825,202 71,537,666

1932

JOURNAL OF THE HOUSE,

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....................................................................!

952,450 14,700 122,419
1,085,055
4,193,049 687,039 726,147
8,353,755 308,000
3,200,000
960,000 646,222 656,000 743,609 11,510,170 75,539,249
32,100 139,072
747,761 229,979,665
549,718 118,926,584

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
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

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 13,305,444 2,913,138 1,887,290
596,222 782,372
3,499,331
996,764 1,356,765 2,117,451

!

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

!

8,305,444

!

1,856,590

!

1,527,795

!

434,090

!

0

3,053,293

675,053 530,397 976,798

TUESDAY, MARCH 16, 1993

1933

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

?

1,038,985

?

492,710

!

4,215,322

$

816,891

!

285,717

!

1,571,602

!

1,766,832

?

1,004,481

?

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

? 229,979,665

?

1,038,985

?

492,710

!

4,215,322

!

619,666

!

285,717

!

1,438,001

!

1,549,536

!

781,663

?

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)

! 118,926,584

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....................................................................!

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 8,554,833
145,550 903,615 533,322 119,561,001 100,000 20,864,341

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

38,669,034 651,805 488,503
1,643,317 7,209,310
6,850,859
981,176
3,193,375

?

8,430,337

$

435,305

?

169,813

?

800,783

?

2,856,033

1,370,172

0

1,065,111

1934

JOURNAL OF THE HOUSE,

Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total

684,795 26,957,312
11,956,475
20,275,040 119,561,001

684,795 0
786,692
4,265,300 20,864,341

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...................................................................................! 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....................................................................!

38,028,106 3,352,514
672,453 0
266,618 2,012,431
11,502,717 24,121,482 4,050,377 1,049,584 494,074,449 3,891,738
135,746,430 16,419,657 3,318,522
240,394,753 978,901,831
2,565,582 374,747,656

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 -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration

347,251 3,555,643 5,769,692 3,642,574 11,583,899 1,199,218 1,779,716 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
50,129,896

!

347,251

!

3,555,643

!

4,580,019

!

3,642,574

!

908,378

!

1,199,218

!

1,606,900

$

11,670,608

!

3,014,229

$ 180,310,220

!

100

!

0

!

0

!

49,458,553

$

25,385,529

!

0

$

1,948,918

!

23,060,234

TUESDAY, MARCH 16, 1993

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

8,994,458 20,975,278 2,850,000 35,352,709 6,652,820 2,261,063 6,903,437 68,000,000
144,817 1,062,316
1,215,511 0
$ 978,901,831

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 .........................................................$

1935
3,375,119 8,519,151 2,262,574 23,444,863 5,190,725 2,117,072 5,373,591 18,675,285
144,817 1,038,407
1,215,511 (7,297,833) 374,747,656
194,866,229 87,622,905 3,595,986
1,351,919 999,877
11,458,919
22,845,106 27,468,274 6,874,320 8,353,755
308,000 3,200,000
960,000 646,222 18,018,605 27,000 656,000 1,049,584 494,074,449 5,554,847
156,603,977 67,494,613 75,539,249
240,150 903,615 4,923,361 13,054,342
747,761
240,394,753
440.860.194 347,441,947 37,809,681

1936

JOURNAL OF THE HOUSE,

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....................................................................!

304,650 472,300 1,794,306 4,542,036 252,637 2,375,596 8,463,825 11,745,300
0
1,722,000
46,615,557
94,990,100
26,014,789
56,717,208 294,118
641,556,050 2,404,100
440,860,194

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

45,080,596 31,599,268
33,129,726
24,912,315
30,240,638
31,004,598 138,499,423
25,205,473
48,138,506
23,731,675 3,529,132
10,351,462
4,746,069
73,572,500 25,671,489
744,270 521,000

$

25,331,095

!

13,388,168

!

26,127,945

!

20,362,312

!

22,535,908

!

23,272,235

$

83,370,910

!

19,137,073

!

23,571,006

$

18,709,483

$

2,648,855

!

10,230,162

!

2,918,269

!

45,673,785

!

20,674,689

744,270 521,000

TUESDAY, MARCH 16, 1993

1937

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

1,094,000
56,717,208
380,300
1,429,513
283,500 343,300
4,130,000
15,722,400
93,600 10.684.089 641,556,050

1,094,000
51,963,908 380,300
1,234,013
283,500 343,300
4,130,000
15,722,400
93,600 6,398,008 440,860,194

Section 25. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade
and Tourism ............................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!
Per Diem, Fees and Contracts...............................................................................!
Local Welcome Center Contracts.......................................................................................!
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....................................................................!

16,076,580 7,913,338 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 0 17,280,180 16,076,580

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 4,513.661 17,280,180

!

7,038,213

!

3,849,563

!

895,143

!

4,293,661

!

16,076,580

Section 26. Department of Insurance. Budget Unit: Department of Insurance .......

14,084,978

1938

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................$ Computer Charges...........................................................................?
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................?
Health Care Utilization Review....................................................? Total Funds Budgeted....................................................................?
State Funds Budgeted....................................................................?

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....................................................? 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....................................................................?

6,073,736 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...............................................................?

9,254,289
8,469,349 478,000 110,000
0

TUESDAY, MARCH 16, 1993

1939

Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals .........................................._............................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

28,640 161,935 412,920 114,312 60,000 140,000 9,975,156 9,254,289

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,
Penalties and Disallowances......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted.................................................................,..?

1,053,934,646 13,515,250 3,895,193 155,400 0 72,289 19,391,681 581,812 425,000 65,909,846
2,844,966,759
50,530,241 772,500
57.374,067 3,057,590,038 1,053,934,646

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

? 2,952,871,067

?

1,130,848

?

21,149,863

?

3,874,339

?

4,573,004

?

9,203,558

$

561,930

?

63,153,897

? 3,057,590,038

?

535,035

? 1,035,592,596

?

438,574

?

5,980,747

?

1,788,783

?

1,768,950

?

4,436,959

?

194,377

$

3,198,625

? 1,053,934,646

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................................................................................................?

0 8,366,183 1,683,552
82,440

1940

JOURNAL OF THE HOUSE,

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......................................................................................!

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 Internal Administration Total

1,655,773 2,519,602
1,253,775 1,311,122
1,323,522
31,797,621 820,970,637
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

65.738,302
61,926,122 12,134,798
431,300 1,798,081 2,692,960 2,184,416
2,108,221 962,000
1,048,187 190,000 150,000
2,450,000
1,056,960 2,190,000
225,000
700,000 300,000
1,300,000 30,000 0

TUESDAY, MARCH 16, 1993

1941

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
Development Authority..............................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

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
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
36,754,849 2,199,102 29,009,108 31,179,423 105,693,282

6,550,800
10,874,820 2,088,602 24,734,358 21,489,722 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........................

0 1,730,931 1,499,806
30,000 12,000 85,000 34,000
0 34,500 598,770
0 4,025,007

1942

JOURNAL OF THE HOUSE,

State Funds Budgeted..

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

4,025,007

Section 32. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................! 1. Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ....................................................,...................$ Telecommunications.....................................................................:.! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Conviction Reports.........................................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

85,035,181
48,364,683 7,043,570
109,800 2,860,000
483,695 0
7,400 593,000 367,150
150,000 0
59,979,298 150,000
59,829,298
18,777,503 1,959,000
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

13,428,043 26,705,883 46,551,255 86,685,181

13,428,043 25,205,883 46,401,255 85,035,181

B. Budget Unit: Units Attached for Administrative Purposes Only...................................
1. Attached Units Budget: Personal Services.......................................................

13,527,331 6,927,646

TUESDAY, MARCH 16, 1993

1943

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....................................................................!

2,596,360 87,300 54,500 150,250 339,000 99,105 138,350
620,100 3,316,000
0 14,328,611 13,241,611
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 Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Georgia Public Safety Training Facility Total

!

4,063,558

$

5,277,816

$

1,042,656

$

1,126,702

$

450,143

$

6,431,294

!

18,392,169

!

285,720

$

5,277,816

!

977,656

$

1,026,702

$

450,143

$

5,509,294

!

13,527,331

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........................................................................................!

8,335,947 6,445,943
372,515 200,050 158,400 78,412

1944

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS
Services Funding.........................................................................! State Funds Budgeted....................................................................!

883,392,705
974,170,312 120,000,000
215,786,044 140,000,000
9,433,094
306,138 334,702 313,687 7,950,000
0 1,468,293,977
35,000,000 260,000,000 286,873,972
3,027,300 883,392,705

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

146,285,024
240,503,812 68,545,719
123,253,873 42,869,254
0 1,906,476
1,550,621
2,700,999 2,412,495
146,403 5,947,000

TUESDAY, MARCH 16, 1993

1945

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....................................................................!

4,706,000 100,000
2,154,439 6,266,550 1,124,488
600,000 200,000
870,370
206,780
6,926,657 512,991,936
0 113,196,449 253,054,763
555,700 146,285,024

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 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

1,742,947 3,730,743 1,278,554 126,450,928 8,101,231 50,988,982 43,618,512 224,179,321
2,491,514 2,625,911 16,714,460 2,719,756 7,208,497 21,140.580 512,991,936

1,206,159 1,399,854
877,831 12,097,852 2,075,031 32,690,329 25,960,155 29,206,928 2,491,514
474,622 16,714,460
0 51,524 21,038,765 146,285,024

C. Budget Unit: Georgia Public Telecommunications Commission..........................................
Personal Services.......................................................... Operating Expenses.....................................................

0 6,658,618 8,591,661

1946

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................! Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

15,250,279 15,250,279
0

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................................................................!

20,121.512
7,500,000 2,021,512
400,000
10,200,000 20,121,512 20,121,512

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
andFICA......................................................................................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

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

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........................................................................................!

23,043,894 15,221,911 2,464,414
206,350 154,064 179,667

TUESDAY, MARCH 16, 1993

1947

Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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....................................................................!

1,806.686 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

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.................................!

25,870,119

1948

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! 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....................................................................!

4,643,187 397,851 81,800 0 18,500 371,000 24,763 146,000 42,757 0
4,076,000 17,511,740 5,003,940
38,000
79,500 160,000
501,740
425,000 33,521,778 25,870,119

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

$

546,941

$

33,521,778

$

0

$

0

$

25,323,178

$

546,941

$

25,870,119

B. Budget Unit: Lottery for Education..............................................! Hope Financial Aid.........................................................................! Tuition Equalization Grants .........................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

34,643,410 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....................................................................!

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

TUESDAY, MARCH 16, 1993

1949

State Funds Budgeted....................................................................?

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....................................................................?

131,166.158 3,608,451 368,013 108,250 0 15,000 566,826 339,900 135,630 604,500 90,266,234 19,542,056 790,000 6,015,059 23,540,115 2,628,788 12.013,758
160,542,580 131,166,158

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,746,570 154,796,010 160,542,580

$

3,938,775

127,227.383

131,166,158

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.........................................................................................? Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................?

7.917,400 200,000
320,000 1,373,400 2,544,000
3,480,000
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........................................................?

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

1950

JOURNAL OF THE HOUSE,

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....................................................................?

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........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Operating Expense/Payments to Central State Hospital................................................................? Operating Expense/Payments to Medical College of Georgia........................................................? Regular Operating Expenses for Projects and Insurance.........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

21,794,657 4,449,576
112,500 71,200
0 84,000 7,300 236,000 56,500 23,000
16,123,278
6,188,921
204,000 27,556,275 21,794,657

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing

4,969,576 16,336,578

4,709,961 12,547,776

TUESDAY, MARCH 16, 1993

1951

Home - Augusta Total

6,250.121 27,556,275

4,536,920 21,794,657

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board .........
Personal Services.................................................... Regular Operating Expenses ................................
Motor Vehicle Purchases .
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).

............................$ .........................,..$

83,220,740 0
83,220,740

Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds

1952

JOURNAL OF THE HOUSE,

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 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 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 56. 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 $1,638.66. 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,

TUESDAY, MARCH 16, 1993

1953

approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 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.
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 Sections 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.
Provided, that the above amount of Lottery funds appropriated for Next Generation
School Grants shall be used for the purchase of equipment, computer hardware and computer software only.

1954

JOURNAL OF THE HOUSE,

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 compilation, 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 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
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 hospital 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.

TUESDAY, MARCH 16, 1993

1955

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 the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department shall expend these new funds on implementing a program of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program.
Provided, that of the appropriation relative to Mental Health Community Services and Community Mental Health Center Services, $842,115 is designated and committed for services for severely emotionally disturbed children and adolescents and services for the chronically mentally ill and that funding shall be allocated to Gwinnett, Rockdale and Newton Counties based on a per client basis.
Section 60. Provisions Relative to Section 28, Law Department. Provided, the department is authorized to use other funds for the use of upgrading computer systems.
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 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 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 SPY 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 SPY 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 appropriated 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 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

1956

JOURNAL OF THE HOUSE,

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 pursuit 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 to match public/private contributions for equipment at senior colleges and regional universities and $4,333,334 is appropriated to match public/private contributions for equipment at colleges 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, based on need, the sixteen counties to be provided with on-line access to the current state motor vehicle computer system.
Section 67. Provisions Relative to Section 37, Secretary of State. Provided, 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.
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 committed 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:
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.

TUESDAY, MARCH 16, 1993

1957

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/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 $430,300,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 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 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 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.

1958

JOURNAL OF THE HOUSE,

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 commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 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 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 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 continue programs currently funded entirely with Federal funds.
Section 77. 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

TUESDAY, MARCH 16, 1993

1959

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 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 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 79. 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 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.
Section 81. The Office of Planning and Budget and the Department of Audits shall develop a system for reporting to the House of Representatives Budget Subcommittee and the Senate Continuation Subcommittee recommendations on all programs subject to continuing appropriations where an appropriate review may cause savings or efficiencies or repeal of a program from future continuing appropriations. The House of Representatives Budget Subcommittee and Senate Continuation Subcommittee shall report to the membership of the General Assembly and the Governor, within one week of the convening of each

1960

JOURNAL OF THE HOUSE,

annual meeting of the General Assembly, a list of all findings or the House of Representatives Budget Subcommittee and Senate Continuation Subcommittee as well as actions recommended, if any. It is the expressed intent of the General Assembly to seek, in a positive environment, recommendations 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 other operations, may result in a positive reduction in the expenditures of state government.

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.

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, 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
Reimburse Georgia Ports Authority for the Savannah Harbor Deepening Project
Governor's Road Improvement Program
Planning for the Atlanta Multimodal Transfer Facility
Acquisition and Rehabilitation of Various Railroad Lines

Principal Amount
151,170,000 6,845,000
80,100,000 27,810,000 25,665,000
30,000,000
3,200,000 5,700,000 13,500,000 125,000,000 3,225,000 1,700,000

Debt Service
14,512,320 657,120
7,689,600 2,669,760 2,463,840
2,880,000
307,200 547,200 1,296,000 12,000,000 309,600 163,200

TUESDAY, MARCH 16, 1993

Land Acquisition for World Congress Center - Plaza
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 Facilities
Construction of Phase II Support Facilities at Department of Corrections' Institutions
Construction of Armory at Fort Gillem
Renovation of the Atlanta Bank Tower
Phase II of Capitol Fire Code Renovations
Construction of RYDC in Cobb County
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)
B.) Maturities not to exceed sixty months.
Purchase of Equipment for Vocational Education
Student Information Hardwaqre in 217 High Schools
Repairs and Renovations at

7,000,000 20,000,000 4,115,000
5,075,000 3,300,000 2,600,000 1,470,000 15,000,000 2,225,000 3,400,000
7,500,000 18,500,000
24,665,000 113,000,000
14,000,000 22,000,000 2,500,000
7,100,000 6,950,000

1961 672,000 1,920,000
395,040
487,200 316,800 249,600 141,120 1,440,000 213,600 326,400
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

1962

JOURNAL OF THE HOUSE,

Technical and Adult Education Institutions Purchase of Equipment for Technical Institutions Construction of Visitor Information Center at Ringgold Infrastructure Repair, Maintenance and Renovation Projects for State Parks, and Sapelo and Ossabaw Islands Second-Year Funding for the Georgia Research Alliance Equipment for the National Textile Center and the Apparel Manufacturing Center Planning for Chatham RYDC Repairs at Department of Children and Youth Services' Facilities Plumbing, Electrical and Utility Renovations and Replacement at Department of Human Resources' Facilities Replacement of Roofs at Department of Human Resources' Facilities Major Building Renovations at Department of Human Resources' Facilities Renovations of Veterans Nursing Home at Augusta 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 Renovations at Atlanta
Farmers Market
Building Renovations to comply
with the Americans with
Disabilities Act

2,500,000 3,500,000
780,000
2,500,000 3,400,000 1,000,000
165,000 635,000
1,900,000 1,615,000 1,445,000
515,000
15,765,000
575,000 1,100,000
500,000

585,000 819,000 182,520
585,000 795,600 234,000 38,610 148,590
444,600 377,910 338,130 120,510
3,689,180
134,550 257,400 117,000

Section 83. 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 Section 45-7-4.
Provided, the appropriation relative to Section 35, Board of Regents, University System of Georgia, $17,129,619 is included to provide a 2% formula funding level for merit

TUESDAY, MARCH 16, 1993

1963

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 84. Workers' Compensation Premium Increases. In addition to all other appropriations, there is hereby appropriated $14,067,750 to provide adequate coverage for employees of State agencies, authorities, commissions and boards, as well as county health departments.
Section 85. In addition to all other appropriations for State Fiscal Year 1994, there is appropriated the sum of $4,000,000 for the Revenue Shortfall Reserve established by Act 901, Senate Bill 466 of 1976.
Section 86. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1994....................................................................$ 8,948,692,764
Section 87. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 88. 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 259.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Streat of the 167th moved that the House insist on its position in disagreeing to the Senate amendment to HB 206 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 8th, Streat of the 167th and Harris of the 112th.

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 283 Do Pass, by Substitute

1964

JOURNAL OF THE HOUSE,

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 Bills and Res-
olution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB 24 Do Pass SB 222 Do Pass, by Substitute

SB 317 Do Pass, by Substitute HR 311 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 143 Do Pass SB 352 Do Pass
Respectfully submitted, /s/ Lord of the 121st
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 Bills of the Senate and has instructed me to report the same back to the House with the following
recommendations:

SB 85 Do Pass SB 89 Do Pass, by Substitute SB 116 Do Pass SB 165 Do Pass, by Substitute SB 172 Do Pass SB 173 Do Pass, by Substitute

SB 214 Do Pass, by Substitute SB 223 Do Pass SB 254 Do Pass SB 261 Do Pass, by Substitute SB 269 Do Pass SB 315 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:

TUESDAY, MARCH 16, 1993

1965

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 7 Do Pass, by Substitute SB 28 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 122nd
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 442 Do Pass SR 11 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 994 Do Pass, by Substitute SB 121 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Colwell of the 7th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 372 Do Pass, as Amended
Respectfully submitted, /s/ Colwell of the 7th
Chairman

1966

JOURNAL OF THE HOUSE,

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

Mr. Speaker: The Senate insists on its substitute to the following Bill of the House:

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.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

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.

The Senate has disagreed to the House amendments to the following Bill of the Senate:

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 Annotated, relating to the authority of the department, counties, and municipalities to regulate parking and remove unattended vehicles from public roads, so as to authorize the Department of Transportation to remove all unattended, abandoned, or distressed motor vehicles from any portion of the state highway system.

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.

WEDNESDAY, MARCH 17, 1993

1967

Representative Hall, Atlanta, Georgia Wednesday, March 17, 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 Richard C. Hart, Pastor, First Presbyterian Church, Americus, 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 1125. By Representative Smith of the 109th: A bill to amend Code Section 27-1-33 of the Official Code of Georgia Annotated, relating to noncompliance with laws while on a public fishing area or a wildlife management area, so as to provide that the Board of Natural Resources is not authorized to charge a fee for a special permit to fish in a public fishing area.
Referred to the Committee on Game, Fish & Parks.
HB 1126. By Representative Smith of the 109th: A bill to amend Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to the distribution by the Secretary of State of the Georgia Laws and journals of the House and Senate, so as to authorize agencies and public officers to elect not to receive sets of the Georgia Laws.
Referred to the Committee on Rules.

1968

JOURNAL OF THE HOUSE,

HB 1127. By Representatives White of the 161st, Lord of the 121st, Brown of the 117th, Culbreth of the 132nd, Bannister of the 77th and others:
A bill to amend Chapter 26 of Title 33 of the Official Code of Georgia Annotated, relating to industrial life insurance, so as to change the definition of "industrial life insurance"; to change the maximum face amount on industrial life insurance policies.
Referred to the Committee on Insurance.

HB 1128. By Representatives Coleman of the 80th, Cummings of the 27th, Godbee of the 145th, Coleman of the 142nd, Stancil of the 91st and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees and certain other employees, so as to provide for such coverage for all such persons.
Referred to the Committee on Insurance.

HB 1129. By Representative Reaves of the 178th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Georgia, so as to provide for such credit for certain military service.
Referred to the Committee on Retirement.

HB 1130. By Representatives Godbee of the 145th, Coleman of the 142nd, Murphy of the 18th, Purcell of the 147th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to the minimum school year, so as to provide for a new summer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such program.
Referred to the Committee on Education.

HB 1131. By Representatives McBee of the 88th, Pelote of the 149th and Kaye of the 37th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to provide that certain members of such retirement system may obtain creditable service for certain periods of unpaid leave.
Referred to the Committee on Retirement.

HB 1132. By Representatives Twiggs of the 8th, Murphy of the 18th, Colwell of the 7th, Coleman of the 142nd, Bargeron of the 120th 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 provisions applicable to certain law enforcement personnel who are members of the Employees' Retirement System of Georgia, so as to provide that certain such persons shall be entitled to retire upon attaining 20 years of creditable service.
Referred to the Committee on Retirement.

WEDNESDAY, MARCH 17, 1993

1969

HB 1133. By Representatives Dixon of the 150th, Pelote of the 149th, Mueller of the 152nd, Johnson of the 153rd and Johnson of the 148th:
A bill to repeal an Act creating the Intergovernmental Council of Chatham County.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1111 HB 1112 HB 1113 HB 1114 HB 1119 HB 1120 HB 1122 HB 1123 HB 1124

SB 321 SB 351 SB 383 SB 384 SB 385 SB 387 SB 388 SB 389 SB 390

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 240 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 464 Do Pass, by Substitute SR 109 Do Pass, as Amended
Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:

1970

JOURNAL OF THE HOUSE,

HB 696 Do Pass HB 1102 Do Pass HB 1106 Do Pass HB 1107 Do Pass HB 1108 Do Pass HB 1115 Do Pass

HB 1116 Do Pass HB 1117 Do Pass HB 1118 Do Pass HB 1121 Do Pass SB 297 Do Pass
Respectfully submitted, /s/ Lane of the 55th
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 149 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 WEDNESDAY, MARCH 17, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:
HR 387 Hse Study Comm on Postsecondary Tech & Adult Ed Finance; create HR 433 Atlanta Airport; urge designation of import/export equine facility
SB 1 Child abuse; protocols; reports SB 2 Child abuse reports; access SB 3 Minors; custody; abuse; certain testimony SB 70 State agencies; stationery; telephone numbers SB 154 Evidence; privileged medical information; pharmacists SB 175 Labor; former employers; references; liability SB 197 Ga Child Care Council; staggered terms; repeal automatic repealer SB 231 Deceptive practices; promotions; odds of winning SB 249 Civil action; medical assistance recipient; notice SB 263 EMTs, etc.; recertification; amend provisions SB 278 MARTA; definition of operating costs; exclusions SB 304 Georgia Sports Hall of Fame; membership SB 333 Highway definitions; include transportation enhancement
activities SB 339 Merit system; certain Insurance Department employees; reclassify SB 342 Upper Savannah River Development Authority; amend provisions SB 343 Bus shelters on public rights of way; amend provisions SB 347 Special purpose bank; special conditions for approval SB 371 Jekyll Island Festival; designate official state musical theatre

WEDNESDAY, MARCH 17, 1993

1971

SR 131 Older Worker Task Force; create SR 180 Crisp County; grant easement SR 230 Walter L. Hardin Bridge; designate SR 231 Bobby Jones Crosswalk; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Denmark Groover, Jr. of the 125th
Vice-Chairman

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

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 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 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1102.

By Representatives Wall of the 82nd, Dix of the 76th, Coleman of the 80th, Johnson of the 84th, Bannister of the 77th and others:
A bill to provide for the compensation of the chief magistrate of the Magistrate Court of Gwinnett 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1106.

By Representatives Thomas of the 100th and Chandler of the 99th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to change the corporate limits of the City of Villa Rica.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1107. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act creating a board of commissioners of Turner County," so as to change the compensation of the chairman and commissioners of Turner County.

1972

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 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1108.

By Representative Bargeron of the 120th:
A bill to amend an Act incorporating the City of Stapleton (formerly the Town of Spread), so as to provide for two-year staggered terms of office for the mayor and members of the city council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1115. By Representative Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the superior courts and the district attorney of the Brunswick Judicial Circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1116.

By Representative Byrd of the 170th:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1117.

By Representative Byrd of the 170th:
A bill to authorize the governing authority of Jeff Davis County to increase the supplement to the salaries of the judges of the superior court of the Brunswick Judicial Circuit and to the salary of the district attorney of the Superior Court of Jeff Davis 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 4.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 17, 1993

1973

HB 1118.

By Representative Byrd of the 170th:
A bill to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1121. By Representative Coleman of the 142nd:
A bill to provide for the membership of the board of the Dodge County Hospital Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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 services and systems; to provide for legislative intent; to provide for purposes; to provide for eminent domain; to provide for issuance 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1110. By Representative Carter of the 166th: A bill to provide a new charter for the City of Enigma.

The report 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 4.
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:

1974

JOURNAL OF THE HOUSE,

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

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 certain constitutional and statutory provisions.

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.

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.

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 relating thereto.

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.

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.

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.

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 commissioner of Brantley County, known as the fee system, and providing in lieu thereof annual compensation for such officers, so as to provide for the compensation of the sheriff of Brantley County and the chief magistrate of the Magistrate Court of Brantley County.

WEDNESDAY, MARCH 17, 1993

1975

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 certification 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.

HB 1023.

By Representatives Harris of the 112th, Williams of the 114th, Bargeron of the 120th and Moore of the 113th:
A bill to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.

HB 1035.

By Representative Oliver of the 154th:
A bill to amend an Act creating the Board of Commissioners of Evans County, so as to change the provisions relating to the compensation of the chairman and members of the board of commissioners.

HB 1037. By Representatives Moore of the 113th, Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the election of the members of the board of education of Columbia County, so as to provide for an increase in the compensation of such members.

HB 1044.

By Representatives O'Neal of the 75th and Bunn of the 74th:
A bill to amend an Act providing a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled, so as to provide that such exemption shall apply to taxes to retire school bond indebtedness.

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.

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.

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.

1976

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

WEDNESDAY, MARCH 17, 1993

1977

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.
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 Annotated, 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.

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.

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 Annotated, 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.

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.

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

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.

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.

1978

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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 Annotated, 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.

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.

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

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.

WEDNESDAY, MARCH 17, 1993

1979

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

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".
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.

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.
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 Senate has agreed to the House amendments to the following Bills of the Senate:
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 Annotated, 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 authorized 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.

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 Transportation enforcement officers may enforce all state laws and arrest any person on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the nonpayment of a toll; to provide for fines for failure to pay tolls.

1980

JOURNAL OF THE HOUSE,

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.

SB 129. By Senator Walker of the 22nd:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule.

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 authorized, petition and hearing, cohabitation with third party as ground for revision, attorney's fees, and temporary modification pending final trial, so as to change the provision relating to cohabitation as grounds for revision.

The Senate has agreed to the House substitutes to the following Bills of the Senate:

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 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 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, so as to provide that certain corporations or the trustees of certain trusts may designate the beneficiary.

SB 355. By Senators Broun of the 46th and Turner of the 8th:
A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institutions shall be delivered to the Department of Banking and Finance rather than the Secretary of State.

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

WEDNESDAY, MARCH 17, 1993

1981

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.

HR 168. By Representative Mobley of the 86th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow County.
The Senate has disagreed to the House amendments to the following Bills of the Senate:

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 programs, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and expenses, and powers and duties; to provide for duties of the Department of Education.

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, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.

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

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 Annotated, relating to the cancellation or nonrenewal of certain property insurance policies, so as to provide the reasons for which an insurer may cancel a residential real property policy.

The Senate insists on its substitute to the following Bill 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.

1982

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House:
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.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 391. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change provisions regarding the terms of office of certain members of the board.
SB 392. By Senators Isakson of the 21st, Clay of the 37th and Ragan of the 32nd:
A bill to amend an Act creating a Board of Elections and Registration in Cobb County, as amended, so as to delete residency requirements of certain members of the board; to provide for editorial revision; to provide for an effective date.
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:

HB 1050.

By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th, Mueller of the 152nd and Johnson of the 148th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.

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

HR 197. By Representative Ashe of the 46th: A resolution creating the City of Atlanta Charter Review Commission.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House:
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 Annotated, relating to insurance rates, underwriting rules, and related organizations, 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.

WEDNESDAY, MARCH 17, 1993

1983

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

SB 391. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change provisions regarding the terms of office of certain members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 392. By Senators Isakson of the 21st, Clay of the 37th and Ragan of the 32nd:
A bill to amend an Act creating a Board of Elections and Registration in Cobb County, as amended, so as to delete residency requirements of certain members of the board; to provide for editorial revision; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

The following communication was received:

House of Representatives Legislative Office Building, Room 609
Atlanta, Georgia 30334
March 17, 1993
Robbie Rivers, Clerk House of Representatives Room 309 State Capitol Atlanta, GA 30334
Dear Robbie:
As you know, North West Georgia was particularly hit hard by the blizzard of Saturday, March 13, 1993.
Ringgold had 21 inches of snow fall in the valleys and almost an entire power blackout for days. Between my obligation to my family and community it was impossible for me to attend the session on Monday, March 15 and Tuesday, March 16, 1993.
Please enter this to the journals as an excuse for my absence on these dates. If you have any questions, please contact me.
Sincerely, Is/ Ken
McCracken Poston, Jr.
MKP/sd

Representative O'Neal of the 75th arose to a point of personal privilege and addressed the House.

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

1984

JOURNAL OF THE HOUSE,

SR 238. By Senator Thompson of the 33rd:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for 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 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

The following Resolutions of the House were read and adopted:

HR 498. By Representative Holland of the 157th:
A resolution expressing a tribute to the memory of Sheriff Preston Lamar Whiddon.

HR 500. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending the Deerfield-Windsor girl's basketball team.

HR 502. By Representatives Johnson of the 148th, Johnson of the 153rd, Bordeaux of the 151st and Mueller of the 152nd:
A resolution recognizing International Longshoremen Association Local 1414.

HR 503. By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 148th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution commending Honorable James M. DeLoach.

HR 504. By Representatives Orrock of the 56th and Childers of the 13th:
A resolution urging the Department of Human Resources to utilize certain federal funding for a program to immunize children of this state.

HR 505. By Representatives Pelote of the 149th, Bordeaux of the 151st and Johnson of the 148th:
A resolution expressing regret at the passing of Mrs. Juanita R. Mack.

HR 506. By Representatives Colwell of the 7th, Twiggs of the 8th, Royal of the 164th, Greene of the 158th, Bates of the 179th and others:
A resolution commending Mr. Leon Davis on the occasion of his retirement.

HR 507. By Representatives Colwell of the 7th, Twiggs of the 8th, Murphy of the 18th, Lee of the 94th, Bostick of the 165th and others:
A resolution expressing regret at the passing of T. A. Smith.

HR 508. By Representatives Sinkfield of the 57th, Stanley of the 49th, Stanley of the 50th, Davis of the 48th and Lucas of the 124th:
A resolution commending James B. Hall, Ambassador of Goodwill for HIV/AIDS.

WEDNESDAY, MARCH 17, 1993

1985

HR 509. By Representative Lee of the 94th: A resolution commending Rosa Mae Lewis on her retirement.

HR 510. By Representatives Snow of the 2nd, Murphy of the 18th and Perry of the llth:
A resolution commending Mr. J. D. Byrd.

HR 511. By Representatives Teper of the 61st, Henson of the 65th, Kaye of the 37th, Martin of the 47th, Ashe of the 46th and others:
A resolution commemorating the fiftieth anniversary of the Warsaw Ghetto Uprising and acknowledging the suffering and courage of the Warsaw Ghetto population.

HR 512. By Representatives O'Neal of the 75th and Bunn of the 74th:
A resolution commending and recognizing the Rockdale County Emergency Medical Service.

HR 513. By Representative Mobley of the 86th: A resolution commending The Winder News on its centennial.
HR 514. By Representatives Martin of the 47th, Ashe of the 46th, Felton of the 43rd, Sinkfield of the 57th, Davis of the 48th and others: A resolution commending and recognizing the Council on Battered Women.

HR 517. By Representatives Bailey of the 93rd, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Connell of the 115th and others:
A resolution expressing sympathy at the passing of David N. O'Riley.

HR 518. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution commending Corbin Roberts.

HR 519. By Representative Crawford of the 129th:
A resolution commending and recognizing the Pasley-Fletcher Funeral Home of Thomaston, Georgia, on its centennial anniversary.

HR 520. By Representative Purcell of the 147th: A resolution expressing sympathy at the passing of Mr. Hawley T. Bazemore.

HR 521. By Representative Heard of the 89th: A resolution commending Mr. Lowell K. Jett.

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

1986

JOURNAL OF THE HOUSE,

HR 499. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending the Westover High School basketball team on winning the Class AAA state championship and inviting the members of the team and their coaches to appear before the House of Representatives.

HR 501. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution recognizing the City of Albany as the "City of Champions" and urging the Georgia High School Athletic Association to hold future basketball tournaments there.

HR 515. By Representatives Murphy of the 18th and Lee of the 94th: A resolution amending the Rules of the House of Representatives.

HR 516. By Representative Smith of the 169th: A resolution creating the House Education Reform Study Committee.

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 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.

Representative Lee of the 94th moved that the House insist on its position in disagreeing to the Senate substitute to HB 259 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th.

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

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 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.
The President has appointed on the part of the Senate the following:

WEDNESDAY, MARCH 17, 1993

1987

Senators Dawkins of the 45th, Garner of the 30th and Walker of the 22nd.

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

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.

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

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 Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain representative districts.

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 Annotated, 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 Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

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.
The President has appointed on the part of the Senate the following:
Senators Pollard of the 24th, Bowen of the 13th and Cheeks of the 23rd.

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

1988

JOURNAL OF THE HOUSE,

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

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 Annotated, relating to enrollment counts, so as to change which courses may be counted.

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

SB 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 Annotated, 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 following Committee substitute was read and adopted:

A BILL
To amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be licensed under that chapter and change qualifications for and exceptions from licensing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, is amended by striking Code Section 43-28-8, relating to license requirements, and inserting in its place a new Code section to read as follows:
"43-28-8. No person shall: (1) Practice occupational therapy; and or (2) Hold himself or herself out as an occupational therapist or an occupational
therapy assistant or as being able to render occupational therapy services in this state unless that person is licensed in accordance with this chapter."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-28-9, relating to qualifications for licensing, and inserting in its place a new subsection to read as follows:
"(a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written application, on forms provided by the board, showing to the satisfaction of the board that he such applicant meets the following requirements:
(1) Is of good moral character;

WEDNESDAY, MARCH 17, 1993

1989

(2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by the American Occupational Therapy Association w collaboratiea with the American Medical Association a recognized accrediting agency accept-
flu1C TO tflG DOOTQ- r OF fttt OCCllpflLlOflfll tllGFflpy ft3S19tftRt, SUCn ft pFOFfllB 8lift11 6fc
approved by the American Occupational Therapy Association. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content;
(3) Has successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in paragraph (2) of this Code section. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and
(4) Has passed an examination as provided for in Code Section 43-28-10."
Section 3. Said chapter is further amended by striking paragraph (3) of Code Section 43-28-15, relating to exceptions, and inserting in its place the following paragraph:
"(3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program which is approved by the American Occupational Therapy Association m collaboration with th American Medical Association accredited by a recognized accrediting agency acceptable to the board and if such person is designated by a title which clearly indicates his such person's status as a student or trainee;".
Section 3.1. Said chapter is further amended by striking "; or" from paragraph (6) of Code Section 43-28-15, relating to exceptions, and inserting a semicolon in its place, by striking the period at the end of paragraph (7) of said Code section and inserting "; or" in its place, and by adding immediately thereafter the following:
"(8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, including those registered before July 1, 1992, but only when practicing rehabilitation counseling as a designated principal rehabilitation supplier pursuant to Chapter 9 of Title 34 and only so long as they do not use any titles other than titles describing the certifications or licenses ihey are required to hold under Code Section 34-9-200.1."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Brooks.T Brown Y Buck 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 Crawford Y Crews Y Culbreth
Cummings Y Davis.G N Davis.M

Y Dickinson Y Dix Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W Y God bee Y Golden
Goodwin

Y Greene Y Groover Y Hammond
Manner Y Harris.B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson

1990

JOURNAL OF THE HOUSE,

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 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 E Mann
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

Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pinholster Poag
Y Polak Y Porter
Poston Powell Y Purcell Randall Y Randolph YRay 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 Sroith.L Y Smith,P 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

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

Representatives Powell of the 23rd, Cummings of the 27th, Stancil of the 91st, Poston of the 3rd, Hughes of the 19th 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 "aye" thereon.

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.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend SB 137 by inserting on line 30 of page 9 between the word "Compensation" and the comma the following:
"j including those registered as of July 1^ 1992".

Representative Chambless of the 163rd moves to amend SB 137 as follows:
On page 1 lines 12 and 13 strike "to provide an effective date;" and
On page 9 line 31 strike "designated principle" and insert on page 9 line 32 between "supplier" and "and" the following: "for workers compensation claimants" and
On page 17 strike Section 9 in its entirety and renumber Section 10 as Section 9.

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 103, nays 1.

WEDNESDAY, MARCH 17, 1993

1991

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

SB 47. By Senator Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, 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.

Representative Barnes of the 33rd moved that SB 47 be recommitted to the Committee on Insurance.
On the motion, 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 N Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd
Y Campbell N Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler Y Channel! Y Childers N Clark N Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford
Crews N Culbreth N Cummings Y Davis.G Y Davis.M Y Dickinson
Dix Y Dixon.H N Dixon.S Y Dobbs Y 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
Manner Y Harris.B Y Harris.M YHart N Heard N Hegstrom Y Hembree Y Henson Y Holland

Y Holmes N Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins
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
Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox E Mann
Martin Y McBee Y McClinton Y McKinney,B Y Milam Y Mills

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

Y Smith.C Y Smith.L Y Smith,?
Smith.T Y Smith.V Y Smith,W
Smyre Snow Y Stancil.F Y StanciLS Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
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 Y Westmoreland Y White Y Williams,B N Williams,R Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 139, nays 23. The motion prevailed.

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 Relationships 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.

1992

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

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 Relationships 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; to provide for disclosures; to provide that compensation does not determine agency relationship; to provide for dual agency; to provide that a broker has no implied agency relationship with a common source information company; to provide for unfair trade practices in real estate transactions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by adding a new Chapter 6A to read as follows:
"CHAPTER 6A
10-6A-1. This chapter shall be known as and may be cited as the 'Brokerage Relationships in Real Estate Transactions Act.'
10-6A-2. (a) The general assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, buyers, landlords and tenants of rights and interests in real property has resulted in misunderstandings and consequences that have been contrary to the best interests of the public; the General Assembly further finds, determines, and declares that the real estate brokerage industry has a significant impact upon the economy of the State of Georgia and that it is in the best interests of the public to provide codification of the relationships between real estate brokers and consumers of brokerage services in order to prevent detrimental misunderstandings and misinterpretations of such relationships by both consumers and real estate brokers and thus promote and provide stability in the real estate market. The provisions of this chapter are enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers to the extent not governed by individual written agreements.
(b) The General Assembly further finds, determines, and declares that the provisions of this chapter are not intended to prescribe or affect the contractual relationships as between real estate brokers and the broker's affiliated licensees.
(c) The provisions of this chapter may serve as a basis for private rights of action and defenses by sellers, buyers, landlords, tenants, and real estate brokers.
10-6A-3. (a) As used in this chapter, the term: (1) 'Agency' means every relationship in which a real estate broker acts for or
represents another by the letter's express authority in a real property transaction. (2) 'Broker' means any individual or entity issued a broker's real estate license by
the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. The term 'broker' includes the broker's affiliated licensees except where the context would otherwise indicate.
(3) 'Brokerage' means the business or occupation of a real estate broker. (4) 'Brokerage engagement' means an express written or oral contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property. (5) 'Brokerage relationship' means the resulting agency formed between the broker and the broker's client as a result of the brokerage engagement. (6) 'Client' means a person who has entered into a brokerage engagement with a real estate broker.

WEDNESDAY, MARCH 17, 1993

1993

(7) 'Common source information companies' means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes but is not limited to multiple listing services.
(8) 'Customer' means a person who has not entered into a brokerage engagement with a broker but for whom a broker may perform ministerial acts in a real estate transaction,
(9) 'Dual agent' means a broker who has a brokerage relationship with both seller and buyer or both landlord and tenant in the same transaction.
(10) 'Limited agent' means a broker who, acting under the authority of a brokerage engagement, solicits offers to purchase, sell, lease, or exchange real property without being subject to the control of the client except as to the result of the work.
(11) 'Ministerial acts' means those acts which a broker or affiliated licensee performs for a person which do not require discretion or the exercise of the broker or affiliated licensee's own judgment.
(12) 'Timely' means seasonable; a reasonable time under the particular circumstances. 10-6A-4. (a) A broker who performs services under a brokerage engagement for another is a limited agent, unless a different legal relationship between the broker and the person for whom the broker performs the service is intended and is reduced to writing and signed by the parties. If a broker is not a limited agent, then notice of said different relationship shall be timely furnished to all parties to the proposed real estate transaction. Except as set out in this chapter, a limited agent shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising ordinary care in the discharge of its specified duties under the brokerage engagement. Unless a broker enters into a brokerage engagement with a person, it shall be presumed that the person is a customer of the broker rather than a client. (b) Whenever a broker's relationship to customers or clients changes among broker and customer, limited agent and client, dual agent, or such other different legal relationship as the parties may agree, the broker shall disclose that fact to all brokers, customers, or clients involved in the contemplated transaction and set out the nature of the new relationship to the customers or clients and the broker's duties under this chapter. 10-6A-5. (a) A broker engaged by a seller shall:
(1) Perform the terms of the brokerage engagement made with the seller; (2) Promote the interests of the seller by:
(A) Seeking a sale at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the seller; provided, however, the broker shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the seller, even when the property is subject to a contract of sale;
(C) Disclosing to the seller material facts which the broker has actual knowledge concerning the transaction;
(D) Advising the seller to obtain expert advice as to material matters which are beyond the expertise of the broker;
(E) Timely accounting for all money and property received in which the seller has or may have an interest;
(3) Exercise reasonable skill and care; and
(4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes.
(b) Brokers shall treat all prospective buyers honestly and shall not knowingly give them false information. A broker engaged by a seller shall timely disclose to prospective buyers with whom the broker is working all material adverse facts pertaining to the physical condition of the property including but not limited to material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the buyer. A broker shall not be liable

1994

JOURNAL OF THE HOUSE,

to a buyer for providing false information to the buyer if the false information was provided to the broker by the broker's seller-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of a seller under any applicable law to disclose to prospective buyers all material adverse facts actually known by the seller pertaining to the physical condition of the property nor shall it limit the obligation of prospective buyers to inspect the physical condition of the property. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection.
(c) A broker engaged by a seller in a real estate transaction may provide assistance to the buyer by performing such ministerial acts as preparing offers and conveying them to the seller; locating lenders, inspectors, attorneys, insurance agents, surveyors, schools, shopping facilities, places of worship, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the seller nor shall performing such ministerial acts for the buyer be construed in such a manner as to form a brokerage engagement with the buyer.
(d) A broker engaged by a seller does not breach any duty or obligation by showing alternative properties to prospective buyers.
10-6A-6. (a) A broker engaged by a landlord shall: (1) Perform the terms of the brokerage engagement made with the landlord; (2) Promote the interests of the landlord by: (A) Seeking a tenant at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the landlord; provided, however, the broker shall not be obligated to seek additional offers to lease the property while the property is subject to a lease, unless the brokerage engagement so provides or a letter of intent to lease; (B) Timely presenting all offers to and from the landlord, even when the property is subject to a lease or a letter of intent to lease; (C) Disclosing to the landlord material facts which the broker has actual knowledge concerning the transaction;
(D) Advising the landlord to obtain expert advice as to material matters which are beyond the expertise of the broker;
(E) Timely accounting for all money and property received in which the landlord has or may have an interest;
(3) Exercise reasonable skill and care; and
(4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes.
(b) Brokers shall treat all prospective tenants honestly and shall not knowingly give them false information. A broker engaged by a landlord shall timely disclose to prospective tenants with whom the broker is working all material adverse facts pertaining to the physical condition of the property including, but not limited to, material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the tenant. A broker shall not be liable to a tenant for providing false information to the tenant if the false information was provided to the broker by the broker's landlord-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of the landlord under any applicable law to disclose to prospective tenants all material adverse facts actually known by the landlord pertaining to the physical condition of the property nor shall it limit the obligation of prospective tenants to inspect the physical condition of the property. No cause of action by any person shall arise on behalf of any person against a broker for revealing information in compliance with this subsection.
(c) A broker engaged by a landlord in a real estate transaction may provide assistance to the tenant by performing such ministerial acts as preparing offers and conveying them to the landlord; locating inspectors, attorneys, insurance agents, schools, shopping facilities, places of worship, and all such other like or similar services; and performing

WEDNESDAY, MARCH 17, 1993

1995

such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the landlord nor shall performing such ministerial acts for the tenant be construed in such a manner as to form a brokerage engagement with the tenant.
(d) A broker engaged by a landlord does not breach any duty or obligation by showing alternative properties to prospective tenants.
10-6A-7. (a) A broker engaged by a buyer shall:
(1) Perform the terms of the brokerage engagement made with the buyer; (2) Promote the interests of the buyer by:
(A) Seeking a property at a price and terms acceptable to the buyer; provided, however, the broker shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property, unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the buyer, even when the buyer is a party to a contract to purchase property;
(C) Disclosing to the buyer material facts which the broker has actual knowledge concerning the transaction;
(D) Advising the buyer to obtain expert advice as to material matters which are beyond the expertise of the broker;
(E) Timely accounting for all money and property received in which the buyer has or may have an interest; (3) Exercise reasonable skill and care; and (4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes. (b) Brokers shall treat all prospective sellers honestly and shall not knowingly give them false information. A broker engaged by a buyer shall timely disclose to a prospec-
tive seller with whom the broker is working as a customer and who is selling property which will be financed either by a loan assumption or by the seller's providing a part or all of the financing all material adverse facts actually known by the broker concerning
the buyer's financial ability to perform the terms of the sale, and in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence.
A broker shall not be liable to a seller for providing false information to the seller if the false information was provided to the broker by the broker's buyer-client and the broker did not have actual knowledge that the information was false. Nothing in this
subsection shall limit the obligation of the prospective buyer under any applicable law to disclose to the prospective seller all material adverse facts actually known by the
buyer concerning the buyer's financial ability to perform the terms of the sale, and in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection.
(c) A broker engaged by a buyer in a real estate transaction may provide assistance to the seller by performing such ministerial acts as preparing and conveying offers to the buyer; locating inspectors, attorneys, surveyors, and all such other like or similar ser-
vices; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the buyer nor shall performing such
ministerial acts for the seller be construed in such a manner as to form a brokerage engagement with the seller.
(d) A broker engaged by a buyer does not breach any duty or obligation by showing
properties in which the buyer is interested to other prospective buyers. 10-6A-8. (a) A broker engaged by a tenant shall: (1) Perform the terms of the brokerage engagement made with the tenant; (2) Promote the interests of the tenant by:
(A) Seeking a lease at a price and terms acceptable to the tenant; provided, how-
ever, the broker shall not be obligated to seek other properties for the tenant while the tenant is a party to a lease or a letter of intent to lease unless the brokerage engagement so provides;
(B) Timely presenting all offers to and from the tenant, even when the tenant is a party to a lease or a letter of intent to lease;

1996

JOURNAL OF THE HOUSE,

(C) Disclosing to the tenant material facts which the broker has actual knowledge concerning the transaction;
(D) Advising the tenant to obtain expert advice as to material matters which are beyond the expertise of the broker;
(E) Timely accounting for all money and property received in which the tenant has or may have an interest; (3) Exercise reasonable skill and care; and (4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes. (b) Brokers shall treat all prospective landlords honestly and shall not knowingly give them false information. A broker engaged by a tenant shall timely disclose to a prospective landlord with whom the broker is working all material adverse facts actually known by the broker concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. A broker shall not be liable to a landlord for providing false information to the landlord if the false information was provided to the broker by the broker's tenant-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of the prospective tenant under any applicable law to disclose to a prospective landlord all material adverse facts actually known by the tenant concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. (c) A broker engaged by a tenant in a real estate transaction may provide assistance to the landlord by performing such ministerial acts as preparing and conveying offers to the tenant; locating draftsmen or architects, attorneys, surveyors, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the tenant nor shall performing such ministerial acts for the landlord be construed in such a manner as to form a brokerage engagement with the landlord. (d) A broker engaged by a tenant does not breach any duty or obligation by showing properties in which the tenant is interested to other prospective tenants. 10-6A-9. (a) The relationships set forth in Code Sections 10-6A-4 through 10-6A-8 shall commence at the time that the client engages the broker, and shall continue until:
(1) Completion of performance of the engagement; or (2) If paragraph (1) of this subsection is not applicable, then the earlier of:
(A) Any date of expiration agreed upon by the parties in the brokerage agreement or in any amendments thereto;
(B) Any authorized termination of the relationship; or (C) If no expiration is provided and no termination has occurred, then one year after initiation of the engagement. (b) Except as otherwise agreed in writing and as provided in subsection (a) of this Code section, a broker owes no further duties to the client after termination, expiration, or completion of performance of the engagement, except: (1) To account for all moneys and property relating to the engagement; and
(2) To keep confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, unless:
(A) The client permits the disclosure by subsequent word or conduct; (B) Such disclosure is required by law; or
(C) The information becomes public from a source other than the broker. 10-6A-10. (a) Prior to entering into any of the brokerage engagement relationships enumerated in Code Sections 10-6A-4 through 10-6A-8, a broker shall:
(1) Advise the prospective client of the types of brokerage relationships available through the broker;
(2) Advise such prospective client of any other brokerage relationships held by such broker which would conflict with any interests of the prospective client actually
known to the broker; and

WEDNESDAY, MARCH 17, 1993

1997

(3) Advise such prospective client as to the broker's compensation and whether the broker will share such compensation with other brokers who may represent other parties to the transaction, (b) An offer of cooperation with another broker or to compensate another broker shall not be made to other brokers without timely disclosure to the party engaging the broker. 10-6A-11. The payment or promise of payment of compensation to a broker does not determine whether a brokerage engagement relationship has been created between any broker and a seller, landlord, buyer or tenant. 10-6A-12 (a) A broker may act as a dual agent only with the written consent of all clients. Such written consent shall be presumed to have been given and to be informed as against any client who signs a writing or writings which contains the following:
(1) A description of the transactions or types of transactions in which the broker will serve as a dual agent;
(2) A statement that, in serving as a dual agent, the broker represents two clients whose interests are or at times could be different or even adverse;
(3) A statement that a dual agent may not disclose to any client information made confidential by request or instructions from another client, except information allowed to be disclosed by this Code section or required to be disclosed by this Code section or required to be disclosed by this chapter;
(4) A statement that the broker or the broker's affiliated licensees have no material relationship with either client other than that incidental to the transactions, or if the broker or the broker's affiliated licensees have such a relationship, a disclosure of the nature of such a relationship. For the purposes of this Code section, a material relationship shall mean any actually known personal, familial, or business relationship between the broker or the broker's affiliated licensees and a client which would impair the ability of the broker or affiliated licensees to exercise fair and independent judgment relative to another client;
(5) A statement that the client does not have to consent to the dual agency; and (6) A statement that the consent of the client has been given voluntarily and that the engagement has been read and understood.
(b) No cause of action shall arise on behalf of any person against a dual agent for making disclosures allowed or required by this chapter and the dual agent does not terminate any agency by making such allowed or required disclosures.
(c) A broker may assign different licensees affiliated with the broker to represent exclusively different clients in the same transaction. The licensees may not disclose, except to the licensee's broker, information made confidential by request or instructions of the client the licensee is representing, except information allowed to be disclosed by this Code section or required to be disclosed by this chapter.
(d) In the case of dual agency, each client and broker and their respective licensees possess only actual knowledge and information. There shall be no imputation of knowledge or information among or between the clients, brokers, or their affiliated licensees.
(e) In any transactions, a broker may without liability withdraw from representing a client who has not consented to a disclosed dual agency at any time prior to the existence of the dual agency. Such withdrawal shall not prejudice the ability of the broker to continue to represent the other client in the transaction, nor limit the broker from representing the client in other transactions not involving a dual agency. When such withdrawal as contemplated in this subsection occurs, the broker shall not receive a referral fee for referring a client to a broker employed by a different real estate brokerage firm.
(f) Every broker shall develop and enforce an office brokerage relationship policy among affiliated licensees which either specifically permits or rejects the practice of disclosed dual agency, which office brokerage relationship policy shall be disclosed pursuant to Code Section 10-6A-10 and paragraph (1) of subsection (a) of this Code section.
10-6A-13. Except as may be provided in a written agreement between the parties, a broker shall not be deemed to have an agency relationship with a common source information company. No broker shall be deemed to be a subagent of any client of another

1998

JOURNAL OF THE HOUSE,

broker solely by reason of membership or other affiliation by such brokers in a common source information company, including but not limited to multiple listing services.
10-6A-14. Nothing contained in this chapter shall limit the Georgia Real Estate Commission in its regulation of brokers and the broker's affiliated licensees pursuant to Chapter 40 of Title 43 and the substantive rules and regulations adopted by the commission pursuant thereto."
Section 2. Code Section 43-40-25 of the Official Code of Georgia Annotated relating to violations by real estate broker licensees, schools, and instructors, is amended by striking paragraphs (6), (22), (29), and (30) of subsection (a) in their entirety and inserting in their respective places the following:
"(6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction;"
"(22) Acting for more than one party in a transaction without the knowledge express written consent of all parties for whe the licensee acts to the transaction;"
"(29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker; e*
(30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; j or
(31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties."
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 amendment was read and adopted:

Representative Skipper of the 137th moves to amend the Committee substitute to SB 227 as follows:
Amend page 7, line 22 and 23 by deleting such lines and inserting in lieu thereof the following:
"a lease, or letter of intent to lease, unless the brokerage engagement so provides;".

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
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 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 Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson
Dix 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
Goodwin

WEDNESDAY, MARCH 17, 1993

1999

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
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
Lewis YLord
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
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
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
Stanley,?

Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas,C 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

On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SR 128. By Senators Burton of the 5th, Marable of the 52nd, Huggins of the 53rd and others:
A resolution urging the Board of Regents of the University System of Georgia to consider the granting of foreign language credit to those students who demonstrate proficiency in American Sign Language.

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 1.
The Resolution, having received the requisite constitutional majority, was adopted.

Representative Lee of the 94th assumed the Chair.

SB 9. By Senators Hill of the 4th, Hooks of the 14th, Henson of the 55th and oth-

A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, so as to provide for legislative intent; to define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled content; to require the use of retreaded tires.
The following Committee substitute was read and adopted:
A BILL
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, so as provide for legislative intent; to

2000

JOURNAL OF THE HOUSE,

define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled content; to require the use of retreaded tires; to require the use of compost and mulch by state agencies; to require standards for compost and mulch; to require the reduction and reuse of materials used by state departments, agencies, and authorities; to provide for the use of certain types of copier machines; 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. It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect and enhance the quality of its environment, to institute and maintain a comprehensive program for the procurement of products that contain recovered materials. The General Assembly finds that it is in the public interest for the state to create incentives that increase the demand for products manufactured with recovered materials. The purchasing power of state government can be used to stimulate demand for products manufactured with recovered materials. By increasing the demand for such products, landfill space will be saved and pollution will be reduced.
Section 2. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, is amended by striking in its entirety Code Section 50-5-60.2, relating to the limits on expenditures for recycled paper products, which reads as follows:
"50-5-60.2. The department shall expend no more than $1 million per year in any year in which Code Section 50-5-60.1 is in effect on the total price of products described in Code Section 50-5-60.1.", and inserting in its place a new Code Section 50-5-60.2 to read as follows:
"50-5-60.2. (a) As used in this Code section, the term: (1) 'Annual aggregate' means the total purchases for printing, writing, and com-
puter paper within a fiscal year. (2) 'Mill broke' means any paper waste generated in a paper mill prior to the com-
pletion of the paper-making process up to and including the cutting and trimming of the paper machine reel into small rolls or rough sheets.
(3) 'Recycled fiber content' means those materials and by-products that have been recovered or diverted from the solid waste stream. Such term does not include sawdust, wood chips, wood slabs, or the virgin content of mill broke. (b) Each agency, department, and authority of state government shall meet the following annual aggregate schedule for the purchase of printing paper, writing paper, and computer paper including, but not limited to, stationery, envelopes, copier paper, bond, and greenbar:
(1) At least 25 percent of the total fiber content shall be recycled fiber content by July 1, 1994;
(2) At least 40 percent of the total fiber content shall be recycled fiber content by July 1, 1995; and
(3) At least 50 percent of the total fiber content shall be recycled fiber content by July 1, 1996. (c) Each agency, department, and authority of state government shall document compliance with the schedule in subsection (b) of this Code section by filing an annual report with the Governor, Lieutenant Governor, and Speaker of the House of Representatives by the first day of September of each year, beginning in 1994. If an agency, department, or authority has failed to comply with such schedule, it shall give specific reasons, corroborated by documentation, for such failure. (d) The Department of Administrative Services shall facilitate the acquisition of the products needed to meet the requirements of subsection (b) of this Code section through the removal of barriers to the purchasing of recycled products, central purchasing, contract purchases, or delegation. (e) The Department of Administrative Services shall develop and publish not later than July 31, 1993, a process for reporting purchases of recycled printing, writing, and

WEDNESDAY, MARCH 17, 1993

2001

computer paper which specifies its recycled content, if any. Such department shall develop and implement educational programs to assist agencies, departments, and authorities in meeting the requirements of this part to maximize both purchasing power and the purchase of recycled products in the most cost efficient manner for each such agency, department, and authority."
Section 3. Said part is further amended by adding, following Code Section 50-5-60.2, Code Sections 50-5-60.3, 50-5-60.4, and 50-5-60.5, to read as follows:
"50-5-60.3. All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size used on nonsteering axles with retreaded tires or subscribe to a retread service as replacement is necessary and as stockpiled tires are depleted; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable.
50-5-60.4. (a) All state agencies, departments, and authorities responsible for the maintenance of public lands shall give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference shall be given to compost and mulch made in the state of Georgia from organics which are source separated from the state's nonhazardous solid waste stream.
(b) The Department of Agriculture shall develop and publish standards for the compost and mulch required by subsection (a) of this Code section by January 1, 1994.
50-5-60.5. In addition to recycling, each state agency, department, and authority shall take action to implement policies which require reduction and reuse of materials generated by state agencies. These policies shall include, but not be limited to, doublesided printing and copying, refilling and reusing laser printer cartridges, the purchase of source reduced products, and where feasible discontinuing the use of 8 Vi" x 14" paper. Replacement copier machines should include double-sided copying capability and shall be compatible with the use of paper containing recycled content."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y 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
Brooks.T Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carlisle YCarrell
Carter

Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark
Y Coker Y Coleman.B Y Coleman.T
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 Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans

Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin
Y Greene Y Groover Y 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 Johnson.D.H

Y Johnson.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 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 Crock 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
Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts

2002

JOURNAL OF THE HOUSE,

Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp YSimpson 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
Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C

Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan Y Walker Y Wall

Y Watson Y Watts Y Westmoreland Y White Y WilliamsJB 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 substitute.

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 Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by inserting at the end thereof the following:
"ARTICLE 5
50-9-100. As used in this article, the term 'life cycle costs' means the total costs associated with the use of building materials and fixtures, including the initial cost of acquisition and the cost of installation, operation, energy use, maintenance, and disposal of such material or fixture.
50-9-101. Any other provision of law to the contrary notwithstanding, the authority created by Article 1 of this chapter and all other state departments, agencies, and authorities shall purchase building materials and fixtures for use in the construction, reconstruction, renovation, and operation of state buildings and facilities taking into account life cycle costs in addition to acquisition cost."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y 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

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 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

WEDNESDAY, MARCH 17, 1993

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 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 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 Y 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
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

2003
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
Teague Teper Y Thomas,C 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, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Wall of the 82nd moved that the House insist on its position in substituting SB 298.
The motion prevailed.

The Speaker assumed the Chair.

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

2004

JOURNAL OF THE HOUSE,

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.

The following Committee substitute was read:

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 define such offenses; to define certain terms; to provide for penalties; to provide for exceptions; to provide that victims shall be entitled to notice of the release from custody of certain persons charged with the offense of stalking or aggravated stalking and to notice of bail hearings; to require victims to provide certain information to facilitate the giving of such notice; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide a condition under which persons charged with the offense of stalking or aggravated stalking shall be entitled to pretrial release; to provide for additional restrictions in certain cases; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief from family violence by superior courts, so as to change the definition of the term "family violence"; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for conditions of probation under certain circumstances; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
16-5-90. (a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the term 'place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term 'harassing and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear of death or bodily harm to himself or herself or to a member of his or her immediate family, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.
(b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.
(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years.
16-5-91. (a) A person commits the offense of aggravated stalking when such person, in violation of a temporary restraining order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.

WEDNESDAY, MARCH 17, 1993

2005

(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine of not more than $10,000.00.
16-5-92. The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in activities protected by the Constitution of the United States or of this state or to persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in the practice of a profession.
16-5-93. (a) The victim of stalking or aggravated stalking shall be entitled to notice of the release from custody of the person arrested for and charged with the offense of stalking or aggravated stalking and to notice of any hearing on the issue of bail for such person. No such notice shall be required unless the victim provides a telephone number other than a pocket pager or electronic communication device number to which such notice can be directed.
(b) The law enforcement agency, prosecutor, or court directly involved with the victim at the outset of a criminal prosecution for the offense of stalking or aggravated stalking shall advise the victim of his or her right to notice and of the requirement of the victim's providing a telephone number other than a pocket pager or electronic communication device number to which the notice of custodial release or bail hearing can be directed. Such victim shall transmit the telephone number described in this subsection to the custodian of the person charged with stalking or aggravated stalking.
(c) Upon receipt of the telephone number, the custodian of the person charged with stalking or aggravated stalking shall take reasonable and necessary steps under the circumstances to notify the victim of the person's release from custody or any hearing on the issue of bail. Such notice shall, at a minimum, include telephoning the number provided by the victim no less than two times in no less than 15 minute intervals within one hour prior to custodial release and one hour prior to the bail hearing and giving notice to the victim or to any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.
(d) Notwithstanding any other provision of this Code section, a bail hearing or the release of the person charged with stalking or aggravated stalking shall not be delayed solely for the purpose of effectuating notice pursuant to this Code section for a period of more than 30 minutes.
(e) Upon the person's release or escape from custody after conviction and service of all or a portion of a sentence, notification to the victim shall be provided by the State Board of Pardons and Paroles as set forth in Code Sections 42-9-46 and 42-9-47.
(f) This Code section shall not apply to a custodian who is transferring a person charged with stalking or aggravated stalking to another custodian in this state.
(g) As used in this Code section, the term 'custodian' means a warden, sheriff, jailer, deputy sheriff, police officer, officer or employee of the Division of Youth Services or any other law enforcement officer having actual custody of an inmate."
Section 2. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, is amended by adding after paragraph (2) of subsection (b) a new paragraph (3) to read as follows:
"(3) (A) Notwithstanding any other provision of law, a judge of a court of inquiry may, as a condition of bail or other pretrial release of a person who is charged with violating Code Section 16-5-90 or 16-5-91, prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present or intentionally following such person.
(B) If the evidence shows that the defendant has previously violated the conditions of pretrial release or probation or parole which arose out of a violation of Code Section 16-5-90 or 16-5-91, the judge of a court of inquiry may impose such restrictions on the defendant which may be necessary to deter further stalking of the victim, including but not limited to denying bail or pretrial release."

Section 3. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief from family violence by superior courts, is amended by

2006

JOURNAL OF THE HOUSE,

striking in its entirety Code Section 19-13-1, relating to the definition of the term "family violence," and inserting in lieu thereof a new Code Section 19-13-1 to read as follows:
"19-13-1. As used in this article, the term 'family violence' means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Any felony; or (2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. The term 'family violence' shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention."
Section 4. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," is amended by adding between Code Sections 42-8-35.2 and 42-8-36 a new Code Section 42-8-35.3 to read as follows:
"42-8-35.3. Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 16-5-91 may impose one or more of the following conditions on such probation:
(1) Prohibit the defendant from engaging in conduct in violation of Code Section 16-5-90 or 16-5-91;
(2) Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Human Resources. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or
(3) Prohibit the defendant from entering or remaining present at the person's school, place of employment, or other specified places at times when the person is present."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to SB 13 as follows:
By adding between lines 2 & 3 page 5 the following:
(h) "A custodian or his or her employing agency shall not be liable in damages for a failure to provide the notice required by this Code Section but the custodian shall be subject to appropriate disciplinary action including termination for such failure."

Representative Jones of the 71st moves to amend the Committee substitute to SB 13 as follows:
On page 3 line 23 insert the word "landline" between the words "a" and "telephone,"
and
On page 3 line 31 insert the word "landline" between the words "a" and "telephone".

The following amendment was read:

WEDNESDAY, MARCH 17, 1993

2007

Representative Mueller of the 152nd moves to amend the Committee substitute to SB 13 as follows:
Add a new Section 5 as follows:
Section 5. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) The following offenses are bailable only before a judge of the superior court:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking;
(7) Aggravated child molestation;
(8) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; B.HU
(10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection?;
(11) Stalking; and
(12) Aggravated stalking."
Renumber remaining Sections accordingly.

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 Y Brooks.D N Brooks.T N Brown NBuck N Buckner Y Bunn

N Burkhalter NByrd Y Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler Y Channell N Childers N Clark N Coker N Coleman.B
Coleman/T N Colwell N Connell
NCox N Crawford

Y Crews N Culbreth N Cummings Y Davis.G Y Davis.M N Dickinson NDix N Dixon.H N Dixon.S N Dobbs N Dover Y Ehrhart NEpps N Evans
Y Felton Floyd,J.M
N Floyd,J.W N Godbee N Golden Y 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 N Howard
N Hudson N Hughes N Hugley Y James N Jamieson Y Jenkins

Johnson.D.H Y Johnson.E
Y Johnson.G Y Johnson.J N Johnston N Jones N Joyce YKaye N Kinnamon N Klein
YLadd Y Lakly
N Lane.D N Lane.R Y Lawrence Y Lawson NLee N Lewis NLord N Lucas

2008

JOURNAL OF THE HOUSE,

Y Maddox E Mann N Martin N McBee N McClinton
McKinney.B Milam Y Mills N Mobley,B N Mobley,J Y Moore N Mosley Y Mueller Y Oliver N O'Neal N Orrock

N Padgett N Parham N Parrish N Patten Y Pelote N Perry Y Pinholster NPoag N Polak N Porter N Poston N Powell N Purcell N Randall N Randolph NRay

N Reaves Reichert
Y Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp
N Simpson N Sinkfield
N Skandalakis N Skipper N Smith,C N Smith,L N Smith.P
Smith.T

Y Smith,V
Y Smith,W N Smyre N Snow N Stancil.F Y Stancil.S N Stanley,L Y Stanley,P N Stephenson N Streat N Taylor
Teague N Teper N Thomas.C
Tillman Y Titus

Y Towery
Y Trense Y Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson
N Watts Y Westmoreland N White Y Williams.B Y Williams.R
N Yates Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 45, nays 122. The amendment was lost.

The following amendment was read and adopted:

Representative Lawrence of the 64th moves to amend the Committee substitute to SB 13 as follows:
By changing the word "person's" on line 8 page 7 to read "victim's"
By changing the word "person" on line 10, page 7 to read "victim".

The following amendment was read:

Representative Reichert of the 126th moves to amend the Committee substitute to SB 13 as follows:
Page 2 line 14 insert the word "repeated" between "of and "conduct" to read
"willful course of repeated conduct".

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 Y Bordeaux Y Bostick Y Breedlove N Brooks.D Y Brooks.T N Brown NBuck N Buckner YBunn N Burkhalter NByrd N Campbell Y Canty Y Carlisle Y Carrell

Y Carter N Cauthorn N Chambless
N Chandler Y 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
NDix N Dixon.H
Y Dixon,S Dobbs
N Dover N Ehrhart

N Epps N Evans Y Felton
Floyd,J.M Y Floyd,J.W
N Godbee N Golden N Goodwin Y Greene Y Groover N Hammond N Manner N Harris.B N Harris.M NHart N Heard N Hegstrom N Hembree N Henson Y Holland N Holmes N Howard N Hudson N Hughes
Hugley N James

N Jamieson Y Jenkins
Johnson.D.H N Johnson,E N Johnson ,G N Johnson ,J N Johnston Y Jones Y Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly N Lane,D N Lane,R N Lawrence N Lawson NLee Y Lewis NLord N Lucas
Y Maddox E Mann N Martin N McBee

N McClinton McKinney.B Milam
Y Mills N 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 N Pelote
N Perry N Pinholster
YPoag N Polak N Porter Y Poston Y Powell
N Purcell Y Randall

WEDNESDAY, MARCH 17, 1993

2009

N Randolph NRay N Reaves Y Reichert N Roberts N Royal N Scoggins Y Shanahan
N Sherrill N Shipp

N Simpson N Sinkfield N Skandalakis N Skipper N Smith.C Y Smith.L N Smith,?
Smith,T N Smith.V N Smith.W

N Smyre NSnow N Stancil.F Y Stancil.S N Stanley,L N Stanley,? N Stephenson Y Streat N Taylor
Teague

NTeper N Thomas.C
Tillman Y Titus N Towery N Trense N Turnquest
Twiggs N Vaughan
Y Walker

On the adoption of the amendment, the ayes were 38, nays 130. The amendment was lost.

N Wall N Watson N Watts N Westmorland N White N Williams,B N Williams,R N Yates Y Yeargin
Murphy,Spkr

The following amendment was read:

Representative Holland of the 157th moves to amend the Committee substitute to SB 13 as follows:
On page 2 line 18 strike the words: "and which serves no legitimate purpose."
and insert
"and which is not an activity protected by Code Section 16-5-92."

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 Y Bordeaux
N Bostick N Breedlove
Y Brooks,D Y Brooks.T N Brown NBuck N Buckner Y Bunn Y Burkhalter
NByrd N Campbell
Y Canty Y 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 Y Crawford N Crews N Culbreth N Cummings N Davis.G N Davis.M N Dickinson YDix 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 Hanner N Harris.B N Harris.M NHart N Heard N Hegstrom N Hembree N Henson Y Holland

N Holmes N Howard N Hudson N Hughes N Hugley N James Y Jamieson Y Jenkins N Johnson.D.H N Johnson.E Y 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 YLord N Lucas
Y Maddox E Mann N Martin
Y McBee N McClinton
McKinney,B Milam N Mills

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

On the adoption of the amendment, the ayes were 34, nays 137. The amendment was lost.

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

2010

JOURNAL OF THE HOUSE,

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 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 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 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 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 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 YSmyre YSnow Y Stancil.F Y StanciLS 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 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 177, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SR 158. By Senator Thompson of the 33rd: A resolution designating the Lucius D. Clay Memorial Parkway.

The following amendment was read and adopted:

Representative Benefield of the 96th moves to amend SR 158 as follows:
After line 15, page 3, create a new paragraph:
"BE IT FURTHER RESOLVED that this Resolution shall become effective on September 1, 1993."

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
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 Y Cauthorn Y Chambless Y Chandler Y Channel!
Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T

WEDNESDAY, MARCH 17, 1993

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 Y Ehrhart YEpps Y Evans
Y Felton Y Floyd,J.M Y Floyd,J.W
YGodbee 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 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 YMilam 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
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 Y Sinkfield Y Skandalakis
Y Skipper

2011
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 Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Walker YWall 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, as amended, the ayes were 161, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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.

SR 233. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Bibb County and the acceptance of certain real property owned by Bibb County in consideration therefor; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:

2012

JOURNAL OF THE HOUSE,

(1) The State of Georgia is the owner of certain real property lying within Cobb County, Georgia, and being the facilities of the Cobb Regional Youth Development Center; and
(2) Custody of the subject state owned real property is vested in the Department of Children and Youth Services; and
(3) Said state owned real property is described as all that tract or parcel of land lying and being in Land Lot 333 of the 19th District, Cobb County, Georgia, as shown on a plat of survey prepared by Mayes, Sudderth and Etheridge, Inc., dated July 5, 1973, containing approximately 5.0 acres, and being more particularly described as follows:
Beginning at an iron pin on the east right-of-way of County Farm Road located at the intersection of the east right-of-way of County Farm Road and the north land lot line of Land Lot 333, said District and Section; running thence North 88 degrees, 41 minutes, 00 seconds east 388.09 feet to an iron pin; running thence South 03 degrees, 01 minutes, 03 seconds east 550.17 feet to an iron pin; running thence South 73 degrees, 33 minutes, 57 seconds west 109 feet to an iron pin; running thence South 85 degrees, 10 minutes, 47 seconds west 150.35 feet to an iron pin; running thence North 52 degrees, 58 minutes, 03 seconds west 171.95 feet to an iron pin on the east right-of-way of County Farm Road; running thence North 03 degrees, 01 minutes, 03 seconds west along the east right-of-way of County Farm Road 481.07 feet to an iron pin and the Point of Beginning. Said Tract containing 5 acres and being improved property known as the Cobb County Regional Youth Detention Center; and (4) The Cobb County Board of Commissioners represents that it is the owner of certain real property; and (5) Said Cobb County owned property is all that tract or parcel of land lying and being in Cobb County, Georgia, lying in and being a part of Land Lot 333 of the 19th Land District containing approximately 8.0 acres according to a plat of survey dated February 2, 1993, prepared by A. 0. Carlile, Registered Land Surveyor No. 1465, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (6) The existing facility was conveyed on July 10, 1973, to the state for the operation of a regional detention facility; and (7) Cobb County has determined that it could better utilize the existing facility due to its proximity to other Cobb County governmental facilities; and (8) The state shall not convey its interest in the current facility until the new facility is completed and occupied; and (9) Exchange of the aforedescribed tracts or parcels of land would be beneficial to the State of Georgia and Cobb County and would be in the public interest; and
WHEREAS: (1) The State of Georgia is the owner of certain real property lying within Bibb County, Georgia, and being the facilities of the Macon Regional Health Center; and (2) Custody of the subject state owned real property is vested in the Department of Human Resources; and (3) Said state owned real property is described as all that tract or parcel of land lying and being in Lot 1, Square 73, of the City of Macon, Bibb County, Georgia, as shown on a plat of survey prepared by Frank E. Lester, Georgia Registered Land Surveyor #1118, dated March, 1953, containing approximately 0.36 of one acre; and (4) The Bibb County Board of Commissioners represents that it is the owner of certain real property; and (5) Said Bibb County owned property is all that tract or parcel of land lying and being in Bibb County, Georgia, lying in and being a part of Land Lot 58 within the City of Macon containing approximately two acres according to a site plan dated November 16, 1992, prepared by Donaldson, Garrett and Associates, Inc., and shall be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and

WEDNESDAY, MARCH 17, 1993

2013

(6) The state owned property was conveyed to the state by the City of Macon on September 6, 1946, and the deed of conveyance allowed the City of Macon to retain a reversionary interest in the property; and
(7) The City of Macon is encouraged to release any interest it may have in the above-described state property prior to any exchange of property with Bibb County; and
(8) Bibb County has determined that it could better utilize the state owned property due to its proximity to the Medical Center of Central Georgia; and
(9) In consideration for the above-described state owned property, Bibb County has agreed to construct on the above-described Bibb County property a new regional health facility to the specifications of the Department of Human Resources; and
(10) The state shall not convey its interest in the current facility until the new facility is completed and occupied; and
(11) Exchange of the aforedescribed tracts or parcels of land would be beneficial to the State of Georgia and Bibb County and would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property in Cobb County and the acceptance of the hereindescribed Cobb County owned real property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to Cobb County the hereinabove described state owned real property in Cobb County and to accept in consideration therefor from Cobb County a conveyance of the hereinabove described Cobb County owned real property.
Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission.
Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange.
Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 6. That the authorization in this article to convey the above-described property in Cobb County to Cobb County shall expire five years after the date that this article becomes effective.
Section 7. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 2
Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property in Bibb County and the acceptance of the hereindescribed Bibb County owned real property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to Bibb County the hereinabove described state owned real property in Bibb County and to accept in consideration therefor from Bibb County a conveyance of the hereinabove described Bibb County owned real property.

2014

JOURNAL OF THE HOUSE,

Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission.
Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange.
Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 6. That the authorization in this article to convey the above-described property in Bibb County to Bibb County shall expire five years after the date that this article becomes effective.
Section 7. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 3
Section 8. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. That all laws and parts of laws in conflict with this resolution are repealed.

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

Y 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
Brooks.D Brooks.T Brown YBuck Buckner Bunn Y Burkhalter YByrd Y Campbell 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
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
Groover Y Hammond Y Manner Y Harris.B Y Harris.M
Hart Y Heard
Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes
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 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
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall
Randolph YRay
Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis
Skipper

Y Smith.C Y Smith,L Y Smith,?
Y Smith.T 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 Y Teper Y Thomas.C
Tillman Y 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

WEDNESDAY, MARCH 17, 1993

2015

On the adoption of the Resolution, by substitute, the ayes were 147, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

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 following substitute, offered by Representative Lane of the 146th, was read and adopted:

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; authorizing the conveyance of certain state owned real property located in Bulloch County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of all that certain parcel of land lying and being in Glynn County, Georgia, in the 1499th GMD, containing 4.9 acres, more or less according to a survey prepared by Hugh D. Thomas, Georgia Registered Land Surveyor No. 1395, dated January 31, 1990, on file with the State Properties Commission (the "State Property"); (2) The State Property is under the custody and management of the State Forestry Commission; (3) The State Forestry Commission presently occupies a headquarters, fire-fighting, and radio tower facility on property of Glynn County (the "County Property") by prior agreement with the county; and (4) Glynn County desires to make its own use of the County Property and is willing to finance the construction of a replacement headquarters, fire-fighting, and radio tower facility substantially equivalent to the present facilities (the "replacement facility") for the State Forestry Commission on the State Property, on the condition, however, that the replacement facility be used by the State Forestry Commission to provide forestry services in Glynn County for a period of time; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bulloch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1209th G.M. District of Bulloch County, Georgia, more particularly described as follows: Beginning at a wire fence on the southwest side of U.S. Highway No. 80 at the northwest line of the B. H. Ramsey, Sr. property; thence south 64 degrees west along said fence and B. H. Ramsey, Sr. line a distance of 400 feet to an iron pin; thence north 32 degrees

2016

JOURNAL OF THE HOUSE,

45 minutes west along the line of property of J. Roy Kelley, W. C. Hodges, Hubert Smith and Clarence Brack a distance of 200 feet to an iron pin; thence north 64 degrees east and continuing along the line of said Kelley, Hodges, Smith and Brack property a distance of 400 feet to an iron pin on the southwest side of U.S. Highway No. 80; thence south 32 degrees 45 minutes east along the southwest side of said highway a distance of 200 feet to the point of beginning;
(3) Said property containing approximately 1.3 acres is under the custody of the Georgia Department of Agriculture;
(4) The Bulloch County Board of Education has leased the subject property since 1976 and is desirous of acquiring the subject property in order to make certain improvements; and
(5) Said parcel of property is not being utilized by the Department of Agriculture and is therefore surplus to its needs.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. That the State of Georgia is the owner of the above-described state property in Glynn County. In all matters relating to the conveyance of any real property interest in the state property pursuant to this article, or any other right for its use, the State of Georgia shall act by and through its State Properties Commission.
Section 2. (a) That, subject to the approval of the State Properties Commission, Glynn County and the State Forestry Commission may enter into an agreement for a period not exceeding 50 years which provides for the vacation of the county property by the State Forestry Commission, for the construction of the replacement facility by the state on the state property in Glynn County and for the financing of such construction or payment for such construction by Glynn County.
(b) That such agreement may require that Glynn County pay the actual reasonable cost incurred by the state in designing and constructing the replacement facility, up to $95,000. If the agreement does so provide, the State Properties Commission and the State Forestry Commission may agree to a condition in favor of Glynn County, stated generally as follows: If before the end of the term of the agreement the State Forestry Commission shall cease to occupy and operate the replacement facility for the purposes for which it was intended, so as to constitute an abandonment of the property, the state will convey title to the state property, including the replacement facility, to Glynn County. The parties may specify a period of time of consecutive nonuse of the replacement facility, which period of nonuse shall be deemed to be prima-facie evidence of intent to abandon the property.
Section 3. That if such an agreement between Glynn County and the State Forestry Commission has not been joined in or otherwise approved by the State Properties Commission within three years after this article becomes law, this article shall have no further force and effect.
Section 4. That any conveyance of an interest in real property pursuant to this article shall be recorded by the grantee in the real property records of the Superior Court of Glynn County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
Section 5. That the State of Georgia is the owner of the above-described real property in Bulloch County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 6. That the above-described real property in Bulloch County shall be conveyed by appropriate instrument to the Bulloch County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of

WEDNESDAY, MARCH 17, 1993

2017

$650.00 so long as the property is used for public purposes and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 7. That the above-referenced lease agreement between the State of Georgia and the Bulloch County Board of Education dated October 15, 1976, having a term of 25 years shall be extinguished upon conveyance of the above-described property.
Section 8. That if the Bulloch County Board of Education determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 9. That the authorization in this article to convey the above-described property to the Bulloch County Board of Education shall expire three years after the date that this article becomes effective.
Section 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE III
Section 12. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 13. 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, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the ayes were 113, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

By unanimous consent, the following Bill of the Senate was withdrawn from the General Calendar and was recommitted to the Committee on Judiciary.

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.

By unanimous consent, SB 254 was withdrawn from the Committee on Judiciary and recommitted to the Committee on State Planning and Community Affairs Local.

The following Resolution of the House was read:

2018

JOURNAL OF THE HOUSE,

HR 464. 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 commending the Morrow High School Lady Mustangs and inviting them to appear before the House of Representatives at a time to be designated by the Speaker of the House.

The following Committee substitute was read and adopted:

A RESOLUTION
Commending the Morrow High School Lady Mustangs and inviting them to the House of Representatives; and for other purposes.
WHEREAS, the Morrow High School Lady Mustangs recently won the state AAAA basketball championship, the fourth state title in five years; and
WHEREAS, the Lady Mustangs were led by eight seniors, Michelle Baldwin, Heather Bryant, Debbie Cheaves, Kim Cowan, Angle Dupree, Becky Ellis, and All-Americans, Shell! Novotny and Dawn Smith, and Deshannon Strickland, Brandy Sweigard, Nicole Clem, Candace Kelly, Jody Perritt, Clorise White, and Felicia Bryant are rising stars on the team; and
WHEREAS, Head Coach A. C. McCullers, Coach Eddy Householder, and Coach Ronnie Green, with a 502-107 record during his 22 years of coaching, have done an outstanding job of building both team spirit and individual skills; and
WHEREAS, with the leadership and support of Principal Walter Pierce, the administration, and the faculty, the Lady Mustangs compiled an amazing 29-2 record for 1993 and the team won region championships and state championships in 1990, 1991, and 1993.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body commend the Morrow High School Lady Mustangs and their coaches for their athletic achievements and competitive spirit.
BE IT FURTHER RESOLVED that the Morrow High School Lady Mustangs and their coaches are invited to appear before the House of Representatives at a date and time to be designated by the Speaker of the House.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives directed to transmit a copy of this resolution to the Morrow High School Lady Mustangs.

The Resolution, favorably reported by the Committee on Rules, by substitute, was adopted.

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

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

WEDNESDAY, MARCH 17, 1993

2019

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

YAshe V Atkins V 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 Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell
Carter
Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childere
N 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 N Davis.M
Y Dickinson YDix
Dixon.H Y Dixon.S Y 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 Y Hammond Y Hanner
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
John&on,J
Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly YLane.D Y Lane,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 Moore
Y Mosley 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 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
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,?
Stephenson Y Streat Y Taylor
Teague 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 Williams.R Yates Y Yeargin Murphy.Spkr

On the adoption of the Resolution, the ayes were 152, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

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.

SR 234. By Senator Robinson of the 16th:
A resolution designating the Medal of Honor Highway for Freeman V. Horner.

The following Committee substitute was read and adopted:

A RESOLUTION
Designating the Medal of Honor Highway for Freeman V. Horner; and for other purposes.
WHEREAS, from the birth of this nation, our citizen soldiers have risked their lives to defend our freedom and our way of life; and
WHEREAS, incidences of heroism in combat inspire and encourage the brave men and women of our armed forces as they confront danger and hardship; and
WHEREAS, the Medal of Honor is the ultimate military decoration awarded by the United States of America and reflects the nation's gratitude for exemplary courage and

2.020

JOURNAL OF THE HOUSE,

outstanding conduct in the face of circumstances which could seem overwhelming to most individuals; and
WHEREAS, Staff Sergeant Freeman V. Horner, of Company K, 119th Infantry, United States Army, was awarded the Medal of Honor for extraordinary courage under direct fire and extreme gallantry in voluntarily rushing into the teeth of concentrated fire, destroying three enemy machine gun positions, and killing or capturing seven enemy soldiers, thereby clearing the path for a successful assault on Wurselen, Germany, on November 16, 1944; and
WHEREAS, Freeman V. Horner completed a career of distinguished service to the nation with his retirement at the rank of Major.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 219 from its intersection with US 27 to the boundary between Muscogee County and Harris County is designated the Medal of Honor Highway for Freeman V. Horner.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Medal of Honor Highway for Freeman V. Horner.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Major Freeman V. Horner, Retired.

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

Y Ashe Y Atkins Y 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
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 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 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 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 YOrrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter YPoston Y Powell Y Purcell Y 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
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
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

WEDNESDAY, MARCH 17, 1993

2021

On the adoption of the Resolution, by substitute, the ayes were 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

The following amendment was read and withdrawn:

The Committee on Rules moves to amend SR 21 by placing a period after "purpose" on line 15 page 2 and striking the remainder of that sentence.

The following substitute, offered by Representative Carlisle of the 107th, et al. was read:

A RESOLUTION
Creating the Georgia Civil War Commission; to provide for the creation, composition, membership, terms of office, vacancies, officers, and expense allowance of the commission; to provide for the powers and duties of the commission; to provide for the acquisition, maintenance, and restoration of Civil War battlefields and historic sites; to provide for the maintenance, protection, and interpretation of battlefields and historic sites under certain conditions; to provide for the assignment of the commission to the Department of Natural Resources for administrative purposes only; to provide for the Department of Natural Resources to furnish certain personnel to assist the commission; to provide for an annual report of the commission's activities; to repeal conflicting laws; and for other purposes.
WHEREAS, the Civil War period in Georgia is one of the most significant and distinctive aspects of Georgia history which not only defined her people and places, but left its marks on the landscape and in the historic buildings and structures of a broad area of the state; and
WHEREAS, the trail that marked the battle route of Sherman's Atlanta Campaign of 1864 and the March to the Sea, from Chattanooga to Savannah, contains many historic resources; and
WHEREAS, structures such as a rare early nineteenth century railroad tunnel, sites such as the place where Jefferson Davis was captured, ante-bellum homes and buildings, historic cemeteries, factory ruins, and battle sites still stand throughout Georgia; and
WHEREAS, the National Park Service and the National Civil War Battlefield Protection Commission, the Georgia Office of Historic Preservation, and numerous local preservationists and historians have created an inventory of historic properties and sites associated with this period in Georgia history; and
WHEREAS, the North Georgia and Coosa Valley Regional Development Centers and the Atlanta Regional Commission representing the ten-county area wherein the route of Sherman's Atlanta Campaign is located have nominated this area as a "Regionally Important Resource" through the state-wide coordinated planning process; and
WHEREAS, there is widespread interest to preserve and promote Civil War period battlefields and historic properties and sites and to use these resources to encourage and support tourism and economic development; and

2022

JOURNAL OF THE HOUSE,

WHEREAS, interested public and private organizations and agencies at all levels have begun cooperative efforts which can benefit from a coordinating framework.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is created the Georgia Civil War Commission, hereafter referred to as the commission, to coordinate planning, preservation, and promotion of the structures, buildings, sites, and battlefields associated with this significant period of our common heritage.
Section 2. (a) That the commission is directed to: (1) Develop a State of Georgia Civil War Sites Heritage Plan. The plan will pro-
mote heritage tourism and provide incentives to local landowners and local governments to preserve Civil War battlefields and historic sites. Through cooperative agreements between local governments, landowners, and the commission, such entities will work together to preserve and restore historic sites;
(2) Preserve, conserve, and interpret the legacy of the Civil War in the State of Georgia;
(3) Recognize and interpret important events and geographic locations in the conduct of the Civil War in the State of Georgia, including battle sites associated with Adairsville, Dallas, Lovejoy Station, Marietta, New Hope Church, Resaca, Allatoona, Rocky Face Ridge, Ringgold Gap, Davis Cross Roads, Buckhead Creek, and Griswoldville, as well as other historic properties associated with the events and consequences of the Civil War;
(4) Recognize and interpret the effect of war on the state's ethnically and culturally diverse civilian population during the war and the postwar reconstruction period;
(5) Establish within the state's Historic Resource Inventory as maintained by the Department of Natural Resources a geographic data base and information system that can be used to locate, track, and cross-reference significant historical and cultural properties, structures, and markers associated with the Civil War;
(6) Acquire or provide funds for the acquisition of Civil War battlegrounds, cemeteries, and other historic properties associated with the Civil War;
(7) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit Civil War organizations for the purposes of maintaining and restoring existing Civil War memorials and cemeteries;
(8) Participate in and encourage efforts to establish a state museum to include displays illuminating Georgia's role in the Civil War and the effects of that war on Georgia and its people; and
(9) Encourage the establishment of reference sections relating to the Civil War in high schools and encourage heritage education programs, (b) That, in carrying out its purposes, the commission is authorized:
(1) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(2) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; and
(3) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this commission.
Section 3. That the commission is assigned to the Department of Natural Resources for administrative purposes only. The commissioner of natural resources shall appoint personnel within the Department of Natural Resources to facilitate the functions of the commission.

WEDNESDAY, MARCH 17, 1993

2023

Section 4. (a) That, within the boundaries of Civil War battlefields as provided in the State of Georgia Civil War Sites Heritage Plan, the commission may, with the consent of the owner, acquire by donation, purchase, or exchange lands and interest in Civil War battlefields and memorials together with lands and interest in lands necessary to provide adequate public access to the battlefields and memorials.
(b) That the commission may make funds available, subject to appropriations for such purpose, for the maintenance, protection, and interpretation of the battlefields and memorials which may be subject to agreements as provided in Section 2 of this Act.
Section 5. (a) (1) That the commission shall consist of 15 members to be appointed as follows:
(A) The Governor shall appoint five members; (B) The President of the Senate shall appoint five members; and (C) The Speaker of the House of Representatives shall appoint five members. (2) That members shall serve for four-year terms and shall be eligible for reappointment; provided, however, that with respect to the initial appointments, each appointing authority provided for in paragraph (1) of this subsection shall appoint two members for two-year terms, two members for three-year terms, and one member for a four-year term. The members shall be representative of all of the geographic areas of the state and shall be selected from the state at large with special consideration given to the appointment of persons associated with those groups or organizations with a demonstrated interest in Civil War history and the preservation of associated sites. (b) That all successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The commission shall elect a chairperson and such other officers as it deems necessary. No vacancy on the commission shall impair the right of the quorum to exercise all rights and perform all duties of the commission. (c) That the members of the commission shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21 of the O.C.G.A.; and the members of the commission shall not receive any other compensation for their services as such. (d) That the commission shall file an annual report with the Governor and the General Assembly containing a summary of the accomplishments of the commission during the preceding year and the plans of the commission for the following year.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.

The following amendment was read:

Representative Mills of the 21st moves to amend the Floor substitute to SR 21 as follows:
P. 4 line 10 & 11 strike words: "from state appropriations and".

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

N Ashe N Atkins N Bailey
Baker Bannister N Barfoot N Bargeron N Barnes N Bates

N Benefield N Birdsong
Bordeaux N Bostick Y Breedlove N Brooks.D N Brooks.T N Brown N Buck

N Buckner N Bunn N Burkhalter N Byrd N Campbell Y Canty N Carlisle
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 N Connell N Col N Crawford Y Crews N Culbreth N Cummings Y Davis.G N Davis,M

2024

JOURNAL OF THE HOUSE,

Dickinson YDix N Dixon.H N Dixon.S NDobbs N Dover Y Ehrhart N Epps Y Evans Y Felton N Floyd,J.M N Floyd,J.W
N God bee N Golden N Goodwin
N Greene N Groover
N Hammond N Hanner 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 N Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein NLadd YLakly N Lane.D N Lane,R Y Lawrence N Lawson NLee N Lewis NLord

N Lucas Y Maddox EMann N Martin N McBee N McClinton N McKinney,B NMilam Y Mills N Mobley.B
N Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal N Orrock
N Padgett YParham N Parrish N Patten N Pelote
Perry Y Pinholster NPoag N Polak N Porter

N Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N Reichert Y Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield N Skandalakis
N Skipper N Smith,C N Smith,L N Smith,P N Smith.T
Smith.V Y Smith,W
Smyre N Snow N Stancil,F

On the adoption of the amendment, the ayes were 32, nays 132. The amendment was lost.

Y Stancil,S N Stanley,L N Stanley,P
Stephenson N Streat N Taylor
Teague Teper N Thomas.C Y Tillman N Titus Y Towery N Trense N Turnquest N Twiggs Y 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 amendment was read:

Representative Mueller of the 152nd moves to amend the Floor substitute to SR 21 as follows:
P. 7 strike lines 3 thru 7 and add That the members of the commission shall serve without compensation.
Change Section d to Section c.

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

Y Ashe Y Atkins N Bailey
Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong
Bordeaux N Bostick Y Breedlove Y Brooks.D N Brooks.T N Brown NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
N Canty N Carlisle

Carrell N Carter N Cauthorn N Chambless N Chandler Y Channell N Childers N Clark N Coker Y Coleman.B
Coleman.T N Colwell N Connell NCox Y Crawford Y Crews N Culbreth N Cummings N Davis.G Y Davis,M Y Dickinson YDix
Dixon,H N Dixon,S N Dobbs

Dover Y Ehrhart N Epps Y Evans Y Felton N Floyd,J.M N Floyd,J.W
NGodbee N Golden N Goodwin N Greene N Groover N Hammond N Hanner N Harris.B Y Harris.M NHart N Heard N Hegstrom Y Hembree
Henson N Holland N Holmes
Howard N Hudson

N Hughes N Hugley N James N Jamieson N Jenkins
Johnson,D.H Y Johnson.E
Johnson.G N Johnson,J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane.D N Lane.R Y Lawrence N Lawson NLee N Lewis
Lord N Lucas

Y Maddox E Mann N Martin N McBee N McClinton N McKinney.B NMilam Y Mills N Mobley.B N Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal N Orrock N Padgett Y Parham N Parrish N Patten Y Pelote
Perry Y Pinholster NPoag N Polak

WEDNESDAY, MARCH 17, 1993

2025

N Porter N Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N 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 N Smith,?

N Smith.T Smith.V
Y Smith.W Smyre
NSnow Y Stancil,F Y Stancil,S N Stanley.L N Stanley,? N Stephenson N Streat

N Taylor Teague Teper
N Thomas.C Y Tillman N Titus N Towery Y Trense N Turnquest N Twiggs Y Vaughan

On the adoption of the amendment, the ayes were 48, nays 113. The amendment was lost.

N Walker Y Wall N Watson N Watts Y Westmorland
White N Williams.B Y Williams,R Y Yates N Yeargin
Murphy .Spkr

Representative Mueller of the 152nd moved that the House reconsider its action in failing to adopt the Mueller amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

N Colwell N Connell NCox Y Crawford Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M Y Dickinson NDix
Dixon.H N Dixon,S NDobbs
Dover Y Ehrhart NEpps N Evans Y Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden N Goodwin N Greene N Groover N Hammond N Hanner N Harris.B Y Harris.M NHart N Heard N Hegstrom
Y Hembree Henson
N Holland

N Holmes N Howard N Hudson N Hughes Y Hugley Y James N Jamieson N Jenkins Y Johnson.D.H Y Johnson, E
Johnson.G N Johnson,J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd YLakly N Lane,D N Lane,R N Lawrence N Lawson NLee N Lewis
Lord
N Lucas Y Maddox E Mann N Martin N McBee N McClinton N McKinney,B NMilam Y Mills

N Mobley.B N Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal NOrrock N Padgett YParham N Parrish N Patten Y Pelote
Perry Y Pinholster NPoag N Polak N Porter N Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N Reichert Y Roberta N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield
Y Skandalakis N Skipper

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

On the motion, the ayes were 51, nays 111. The motion was lost.

The following amendment was read:

Representative Lawrence of the 64th moves to amend the Floor substitute to SR 21 as follows:
By adding on line 6, page 7 after "O.C.G.A.;" the following:
"from private financial sources only;".

2026

JOURNAL OF THE HOUSE,

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

Y Ashe Y 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 N Buckner YBunn
Y Burkhalter NByrd Y Campbell
N Canty N Carlisle
Carrell N Carter N Cauthorn N Chambless N Chandler Y Channel! N Childers N Clark Y Coker N Coleman.B
N Coleman.T

N Colwell N Connell NCox Y Crawford Y Crews Y Culbreth Y Cummings N Davis.G N Davis.M Y Dickinson NDix N Dixon.H N Dixon,S N Dobbs
Dover Y Ehrhart
N Epps Y Evans N Felton N Floyd,J.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
Henson N Holland

N Holmes N Howard
N Hudson N Hughes Y Hugley N James N Jamieson N Jenkins Y JohnsonJD.H Y JohnsontE
Y Johnson ,G Y Johnson,J
N Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane,D N Lane,R Y Lawrence N Lawson
NLee N Lewis
Lord N Lucas Y Maddox E Mann N Martin
N McBee Y 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 YParham N Parrish N Patten Y Pelote
Perry Y Pinholster
NPoag NPolak
N Porter N Poston N Powell N Purcell N Randall Y Randolph NRay N Reaves N 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 N Smith,P
N Smith.T Smith,V
Y Smith,W Smyre
NSnow
N Stancil.F Y Stancil.S N Stanley.L Y Stanley,P N Stephenson
Streat Y Taylor
Teague Teper N Thomas,C NTillman Y Titus Y Towery YTrense Y Turnquest N Twiggs Y Vaughan N Walker
YWall N Watson
N Watts Y Westmorland
White Y Williams.B
Williams.R
Y Yates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 57, nays 109. The amendment was lost.

The following amendment was read and adopted:

Representatives Dixon of the 150th and Smith of the 169th move to amend the Floor substitute to SR 21 as follows:
Strike the words "Georgia Civil War Commission" wherever they appear and insert in lieu thereof the words "Georgia War Between the States Commission."

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

Y Ashe 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

Brown
Y Buck 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

WEDNESDAY, MARCH 17, 1993

2027

Y Crews Y Culbreth Y Cummings N Davis.G Y Davis.M Y Dickinson Y Dix Y Dixon,H Y Dixon,S Y Dobbs Y Dover YEhrhart Y Epps Y Evans Y Felton Y Floyd,J.M YFloyd,J.W YGodbee Y Golden
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 Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J YJohnston 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 Maddoi E Mann Y Martin Y McBee N 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 Y Patten Y Pelote
Perry Y Pinholster Y Poag

Y Polak Y Porter Y Ponton Y Powell Y Purcell Y 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 Y Skandalakis Y Skipper Y Smith.C Y Smith,L Y Smith.P Y Smith,T
Smith, V Y Smith.W
Smyre Y Snow

Y Stancil.F Y Stancil.S N Stanley,L N Stanley,? Y Stephenson Y Streat Y Taylor
Teague 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 adoption of the Resolution, by substitute, as amended, the ayes were 161, nays 6.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1005 Do Pass HR 374 Do Pass SB 374 Do Pass

SB 375 Do Pass HB 1081 Do Pass, by Substitute

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

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

HB 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

2028

JOURNAL OF THE HOUSE,

HB 1081.

By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of certain education districts.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for election districts for election to the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended by an Act approved April 6, 1992 (Ga. L. 1992, p. 5436), so as to change the composition of certain education districts; to require submission of this Act to the United States Attorney General for certain approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing for election districts for election to the board of education of Douglas County, approved April 13, 1982 (Ga. L. 1982, p. 4786), as amended by an Act approved April 6, 1992 (Ga. L. 1992, p. 5436), is amended by striking subsection (a) of Section 1 and inserting in its place a new subsection (a) to read as follows:
"(a) For the purpose of electing members of the board of education of Douglas County, the Douglas County School District is divided into five education districts as follows:
Education District: 1
DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE (Part) Tract: 0803. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344A, 344B, 345, 346, 347, 348, 349, 350, 514, 515, 517, 518, 519A, 519B, 519C, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 529, 530, 531, 532, 534, 535, 536, 537A, 537B, 540, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 625, 701A, 701B, 707A, 707B, 707C Tract: 0805.03 Block(s): 701 Tract: 0806.01 Block(s): 101A, 101B, 101C, 101D, 101E, 103A, 103B, 103C, 104A, 104B, 105, 106, 107, 108, 109A, 109B, 110, 304A, 304B, 304C, 304D, 305A, 305B, 305C, 305D, 305E, 305G, 305H, 305J, 306, 310A, 310B, 310C, 311A, 311B, 311C, 312, 313A, 313B, 314, 315A, 315B, 315C, 316, 317, 318A, 318B, 318C, 318D VTD: 0003 STEWART (Part) Tract: 0803. Block(s): 102A, 102B, 102C, 103A, 103B, 103C, 201, 202A, 202B, 202C, 203, 204, 205A, 205B, 206, 207A, 207B, 208, 209, 210, 211, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 404A, 404B, 404C, 405A, 405B, 405C, 411, 412 Tract: 0807.98 Block(s): 216B, 217B, 218B, 219, 220, 221C, 222C, 413B, 413C, 414C, 415, 416, 417, 418, 419, 425

WEDNESDAY, MARCH 17, 1993

2029

VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 504, 505, 506, 507, 508, 509, 510 Tract: 0806.01 Block(s): 102A, 102B, 204, 205, 301, 302A, 302B, 303, 305F, 305K, 307, 308, 309
Education District: 2
DOUGLAS COUNTY VTD: 0002 BEULAH VTD: 0012 TURNER-LITHIA SPRINGS VTD: 0013 COMMERCIAL BANK
Education District: 3
DOUGLAS COUNTY VTD: 0006 CHAPEL HILL VTD: 0007 MOUNT CARMEL (Part) Tract: 0802. Block(s): 517, 518, 519 Tract: 0806.01 Block(s): 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214, 401, 402, 403, 404, 405, 406, 407, 408, 409, 501, 502, 503, 504, 601, 602, 603, 604 Tract: 0806.02 Block(s): 102, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 401, 402 VTD: 0014 LEE ROAD-LITHIA HIGH
Education District: 4
DOUGLAS COUNTY VTD: 0001 DOUGLASVILLE (Part) Tract: 0804. Block(s): 122A VTD: 0003 STEWART (Part) Tract: 0804. Block(s): 110A VTD: 0004 ARBOR STATION VTD: 0008 WINSTON
Education District: 5
DOUGLAS COUNTY VTD: 0005 DORSETT SHOALS VTD: 0009 FAIRPLAY VTD: 0010 MIDDLE VTD: 0011 BILL ARP"

Section 2. It shall be the duty of the board of education attorney of Douglas County School District to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 14.

2030

JOURNAL OF THE HOUSE,

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

HR 374. By Representative Lane of the 55th: A resolution creating the Fulton County Recreation Study Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 117, nays 14.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 374. By Senator Baugh of the 25th:
A bill to reconstitute the Board of Education of Hancock 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

SB 375. By Senator Baugh of the 25th:
A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to reconstitute the Board of County Commissioners of Hancock 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

WEDNESDAY, MARCH 17, 1993

2031

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 282 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman
Representative Colwell of the 7th District, Chairman of the Committee on State Institutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 358 Do Pass
Respectfully submitted, /s/ Colwell of the 7th
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House:
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 maximum total length of 60 feet.
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.

2032

JOURNAL OF THE HOUSE,

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

SR 327. By Senators Robinson of the 16th, Hooks of the 14th, Dawkins of the 45th and Ray of the 19
A resolution relative to adjournment.

The Senate has agreed to the House amendment as amended by the Senate, to the following Bill of the Senate:

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 Annotated, 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 adheres to its disagreement and has appointed a Committee of Conference on the following Bill of the Senate:

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.
The President has appointed on the part of the Senate the following:
Senators Balfour of the 9th, Day of the 48th and Tysinger of the 41st.

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

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 classification of employment for the purposes of unemployment compensation or workers' compensation independent contract carriers who transport, assemble, deliver, or distribute printed materials, for magazine, newspaper, and other publishers, or persons who buy a product and resell it, receiving no other compensation.

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.

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

WEDNESDAY, MARCH 17, 1993

2033

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.

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

HB 972. By Representative Chambless of the 163rd:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, so as to 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.

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

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 manufacturer'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.

The Senate has disagreed to the House substitute to the following Resolution of the Senate:

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills 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 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.

2034

JOURNAL OF THE HOUSE,

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

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 service between Chicago and Florida with extensive service through Georgia.

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

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.

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 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.

The following amendment was read and adopted:

The Committee on Rules moves to amend SR 131 by striking "ten" on page 4 and inserting "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 ayes were 93, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 433. By Representatives Reaves of the 178th, Buckner of the 95th, Royal of the 164th, Greene of the 158th, Carter of the 166th and others:
A resolution urging the Congressional Delegation of Georgia to recommend that the United States Department of Agriculture assign federal inspectors to the Atlanta Perishables and Equines Center at Hartsfield Atlanta International Airport and to designate the center as an import and export equine facility.

WEDNESDAY, MARCH 17, 1993

2035

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 2.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 180. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; to provide an effective date.

The following Committee substitute was read and adopted:

A RESOLUTION
Authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; authorizing the granting of a quitclaim deed, affidavit, or other interest evidencing that the state has not accepted title to and has no intent to use certain property in Meriwether County and grants or affirms title to such property to the City of Manchester, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain real property located in the 203rd and 204th land lots of the 10th District of Crisp County, Georgia, which is in the custody of and utilized by the Georgia Department of Agriculture at the Cordele Farmers Market; and (2) The Municipal Electric Authority of Georgia is expanding its electrical service in portions of Crisp County; and (3) A portion of said expanded electrical service must pass through the above-described state owned property; and (4) The Georgia Department of Agriculture by letter dated June 8, 1992, recommends the granting of this easement to the Municipal Electric Authority of Georgia for the above-described purpose; and (5) The State Properties Commission, at its meeting of June 17, 1992, authorized the granting of a three-year revocable license agreement to the Municipal Electric Authority of Georgia for the above-described purpose; and
WHEREAS: (1) The City of Manchester intended to convey to the state a certain 6.005 acre tract of property in Meriwether County for the purpose of establishing a commercial driver's license facility; and (2) The City of Manchester did prepare and record in Meriwether County a warranty deed to bring about the above-described conveyance; and (3) Said property is described as all that tract or parcel of land lying and being in Land Lot 12 of the First Land District of Meriwether County, Georgia and in the City of Manchester, containing 6.005 acres and more particularly described as Lot 10 and shown on a plat of survey for the Development Authority of the City of Manchester which plat is dated September 20, 1988 and recorded in Plat Book 13, Page 101, in the Office of the Clerk of Meriwether Superior Court; and (4) The Department of Public Safety has determined no need for a commercial driver's license facility to be located in Meriwether County; and

2036

JOURNAL OF THE HOUSE,

(5) The City of Manchester is desirous of utilizing the above-described property for city purposes and has requested that the state relinquish any claim it may have on the above-described property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the State of Georgia is the owner of the hereinafter described real property in Crisp County, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Municipal Electric Authority of Georgia, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing electrical transmission lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 203rd and 204th land lots of the 10th District of Crisp County, Georgia, and is more particularly described as follows:
Commencing at the point where the north line of Land Lot 203 intersects the southeasterly right-of-way margin of the Seaboard Coastal Railroad; thence south 88 degrees 28 minutes 36 seconds east 169.4 feet along the north line of Land Lot 204 to the point of beginning; thence north 01 degrees 33 minutes 20 seconds east 156.94 feet to the southeasterly right-of-way margin of the Seaboard Coastline Railroad; thence north 48 degrees 43 minutes 34 seconds east 68.18 feet along said railroad right-of-way margin; thence south 01 degrees 33 minutes 20 seconds west 359.24 feet; thence south 34 degrees 04 minutes 42 seconds east 102.79 feet to the northerly right-of-way margin of a railroad spur tract; thence north 88 degrees 26 minutes 53 seconds west 94.89 feet along the northerly right-of-way margin of said railroad spur tract; thence north 01 degrees 33 minutes 20 seconds east 46.56 feet; thence north 34 degrees 04 minutes 42 seconds west 25.76 feet; thence north 01 degrees 33 minutes 20 seconds east 25.75 feet; thence north 34 degrees 04 minutes 42 seconds west 71.04 feet; thence north 55 degrees 55 minutes 18 seconds east 20.00 feet; thence south 34 degrees 04 minutes 42 seconds east 43.14 feet; thence north 01 degrees 33 minutes 20 seconds east 111.94 feet to the north line of Land Lot 203 and the point of beginning. Said tract of land contains 0.546 acres, more or less.
Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical transmission lines.
Section 4. The Municipal Electric Authority of Georgia shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines.
Section 5. That, after the Municipal Electric Authority of Georgia has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Municipal Electric Authority of Georgia, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns.
Section 6. That no title shall be conveyed to the Municipal Electric Authority of Georgia, and, except as herein specifically granted to the Municipal Electric Authority of

WEDNESDAY, MARCH 17, 1993

2037

Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Municipal Electric Authority of Georgia.
Section 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the Municipal Electric Authority of Georgia shall remove or relocate its facilities at its sole cost and expense.
Section 8. That the easement granted to the Municipal Electric Authority of Georgia shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
Section 9. That the consideration for such easement shall be for the fair market value thereof but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
Section 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County and a recorded copy shall be forwarded to the State Properties Commission.
Section 11. That the authorization in this resolution to grant the above-described easement to the Municipal Electric Authority of Georgia shall expire three years after the date that this resolution becomes effective.
Section 12. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE 2
Section 13. The State of Georgia acting by and through its State Properties Commission may confirm by quitclaim deed, affidavit, or any other instrument that the state has not accepted title to the above-described property in Meriwether County and in any event has no intent to use the above-described property in Meriwether County for the intended purposes and, therefore, grants or affirms, as the case may be, title to the City of Manchester, Meriwether County.
Section 14. That the consideration for such instrument shall be $10.00 and upon such further consideration and provision as the State Properties Commission may determine to be in the best interest of the State of Georgia.
ARTICLE 3

Section 15. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. That all laws and parts of laws in conflict with this resolution are repealed.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 112, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

2038

JOURNAL OF THE HOUSE,

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 Technical and Adult Education Finance.

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

YAshe Y Atkins Y Bailey
Baker Bannister Y Barfoot Y Bargeron Barnes Y Bates
Y Benefield Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner
Bunn Y Burkhalter
Byrd
Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
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 Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon.S
Dobbs Dover Ehrhart
YEpps Y Evans
Felton Floyd,J.M Y Floyd,J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover
Hammond Y Manner Y Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

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 N Joyce YKaye Y Kinnamon
Y Klein YLadd YLakly Y Lane.D
Lane.R
Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox E Mann Y Martin Y McBee McClinton McKinney.B Y Milam Y Mills

Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak
Porter
Y Poston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Royal Y 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 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
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, the ayes were 140, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

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.

SB 371. By Senators Turner of the 8th, Ragan of the llth, Blitch of the 7th, Boshears of the 6th and Kemp of the 3rd:
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 the "Jekyll Island Musical Theatre Festival" as the official state musical theatre of Georgia.

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

WEDNESDAY, MARCH 17, 1993

2039

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

Y Ashe Y Atkins Y Bailey
Baker Bannister Y Barfoot Y Bargeron Barnes 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
N 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 Y Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S
Dobbs Dover Y Ehrhart YEpps Y Evans Felton Y Floyd,J.M Y Floyd,J.W YGodbee Y Golden Good win Y Greene Y Groover Hammond Y Manner Y Harris,B Y Harris.M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland

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 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 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 Y Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak
Porter Y Poston Y Powell Y Purcell Y Randall
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,P Y Smith.T Y Smith.V Y Smith.W YSrnyre 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
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 148, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

SB 231. By Senator Cheeks of the 23rd:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously; to provide that violations of Code Section 40-5-83, relating to driver improvement clinics, shall be unfair or deceptive practices in consumer transactions; to provide for confidentiality for persons complaining about unfair and deceptive acts or practices; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

2040

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended in subsection (b) by striking the word "or" at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting in lieu thereof the symbol ";", and by adding at the end of said subsection new paragraphs (27) and (28) to read as follows:
"(27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize, award, or other item, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is an element of chance in winning a prize, award, or other item, the odds of winning as 'odds'; or
(28) Any violation of the rules and regulations promulgated by the Department of Human Resources pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources shall retain primary jurisdiction over such complaints."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices, shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. Nothing contained in this subsection shall be construed to prevent the subject of the complaint, or any other person to whom disclosure to the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
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 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 Y Davis.G Y Davis.M Y Dickinson
YDii Y Dixon,H Y Dixon,S
Dobbs

Dover Y Ehrhart YEpps Y Evans
Felton Y FloydJ.M Y Floyd,J.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
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 B 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 YParham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag YPolak

WEDNESDAY, MARCH 17, 1993

2041

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
Sinkfleld Y Skandalakis Y Skipper
Y Smith,C 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 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.

The following Resolution of the Senate was read:

SR 327. By Senators Robinson of the 16th, Hooks of the 14th, Dawkins of the 45th and Ray of the 19th

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 7:00 P.M. on Wednesday, March 17, 1993, and shall reconvene on Monday, March 22, 1993.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 22 may be as ordered by the Senate; and the hour for convening the House on March 22 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 Y Baker
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
Colwell Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Da ,M Y Dickinson YDix Y 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 Y Hammond Y Banner Y Harris,B Y Harri8,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 Y Lakly YLane,D Y Lane,R Y Lawrence Y Lawson YLee 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 YParham Y Parrish Y Patten

Y 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
Sinkfield Y Skandalakis Y Skipper Y Smith,C Y Smith.L
Y Smith,? Y Smith.T Y Smith.V Y Smith.W

2042

JOURNAL OF THE HOUSE,

Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley,?

Y Stephenson Y Street 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 Westmorland

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

White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

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

SB 339. By Senators Robinson of the 16th, Henson of the 55th, Pollard of the 24th and others:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Administration, so as to provide for the reclassification of certain employees employed by the Commissioner of Insurance; to provide an effective date.

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

Y 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 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 Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd.J.M Y Floyd.J.W Y Godbee Y Golden Good win 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
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
Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B YMilam Y Mills

Y Mobley,B 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 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

Sroith,C Y Smith.L Y Smith.P
Y Smith.T Y Smith,V Y Smith,W YSroyre 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 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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 17, 1993

2043

SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, 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; to provide an effective date.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, 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; 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 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, is amended by striking paragraph (18) in its entirety and inserting in lieu thereof a new paragraph (18) to read as follows:
"(18) 'Other transportation purposes' or 'other public transportation purposes' means any transportation facility designed to transport people or goods, including but not limited to railroads, port and harbor facilities, air transport and airport facilities, mass transportation facilities, as defined in paragraph (2) of subsection (a) of Code Section 32-9-1, ad transportation projects, as defined by subsection (h) of Section 2 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended^ and transportation enhancement activities, as defined in Section 101 of Title 23 of the United States Code. However, in no event and for no purpose shall the term 'other transportation purposes' or 'other public transportation purposes' be deemed to include coal slurry pipelines."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey
Baker 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 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
Colwell Connell Y Cox Y Crawford

Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M
Y Dickinson Y Dix Y Dixon.H Y Dixon,S Y Dobbs
Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin

Y Greene Groover
Y Hammond Y Hanner Y Harris,B
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 Y Jamieson Y Jenkins

Johnson.D.H Y Johnson.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

2044

JOURNAL OF THE HOUSE,

Y Maddox EMann 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
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
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
Y 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 passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 provide for staggered appointments of members of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council, so as to repeal the automatic repealer of such Act.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefleld
Birdsong 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 Chambless Y Chandler Y Channell Y Childers Y Clark

Y Coker Y Coleman,B Y Coleman.T Y Colwell
Connell
YCox Y Crawford
Crews
Y Culbreth Y Cummings Y Davis.G Y Davis.M
Y Dickinson YDix
Dixon.H Y Dixon.S Y Dobbs
Dover Y Ehrhart YEpps
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
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
Lane.R Y Lawrence Y Lawson
Lee Y Lewis
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 Y 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 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 YSmyre YSnow Y Stancil.F
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

WEDNESDAY, MARCH 17, 1993

2045

Y Trense Y Turnquest Y Twiggs

Y Vaughan Walker
Y Wall

Y Watson Y Watts Y Westmorland

White Y Williams.B Y Willian)8,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.

SB 304. By Senators Garner of the 30th, Henson of the 55th and Hemmer of the 49th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to change the membership of the Georgia Sports Hall of Fame Board; to provide for related matters; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Y 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 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
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 Banner Y Harris,B
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
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
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
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
Sinkfield
Y Skandalakis Y Skipper

On the passage of the Bill, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was

Smith.C Y Smith,L Y Smith,? Y Smith.T
Smith.V Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson
Y Street Y Taylor
Teague YTeper
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
White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

Representative Smith of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

2046

JOURNAL OF THE HOUSE,

SB 342. By Senator Madden of the 47th:
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 definition of a project of the authority; to remove the prohibition on acquisition of encumbered property; to charge tolls, fees, rents, and assessments for use of authority property.

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 Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner N 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

Colwell Connell YCox Y Crawford N Crews Y Culbreth Y Cummings Y Davis.G Y Davis,M Y Dickinson YDix Dixon.H Y Dixon.S Y Dobbs 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 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 N 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
N 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 Padgett YParham Y Parrish Y Patten Pelote Y Perry Y Pinholster YPoag YPolak Porter YPoston Y Powell Y Purcell YRandall Y Randolph YRay
Reaves Y Reichert N Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
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.P
Stephenson
Y Streat Y Taylor
Teague N Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker
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 145, nays 10. The Bill, having received the requisite constitutional majority, was passed.

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

WEDNESDAY, MARCH 17, 1993

2047

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 Y Barnes 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 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 Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M Y Dickinson
YDi* Y Dixon.H Y Dixon.S Y Dobbs
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 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
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane.D YLane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox E Mann
Martin Y McBee Y McClinton Y McKinney,B YMilam Y Mills

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
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
Sinkfield Y Skandalakig 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 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
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.

HB 249. By Senator Oliver of the 42nd:
A bill to amend Code Section 9-2-21 of the Official Code of Georgia Annotated, 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-2-21 of the Official Code of Georgia Annotated, 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; to define "recovery action"; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-2-21 of the Official Code of Georgia Annotated, relating to parties to actions for torts, is amended by adding a new subsection at the end thereof to read as follows:
"(c) If the person whose legal right has been affected has received medical assistance benefits pursuant to Chapter 4 of Title 49, prior to initiating recovery action, the representative or attorney who has actual knowledge of the receipt of said benefits shall

2048

JOURNAL OF THE HOUSE,

notify the Department of Medical Assistance of the claim. Mailing and deposit in a United States post office or public mail box of said notice addressed to the Department of Medical Assistance with adequate postage affixed is adequate legal notice of the claim. Notice as provided in this subsection shall not be a condition precedent to the filing of any action for tort. Initiating recovery action shall include any communication with a party who may be liable or someone financially responsible for that liability with regard to recovery of a claim including but not limited to the filing of an action in 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 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 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
Y Ehrhart YEpps Y Evans Y Felton
Floyd,J.M Y Floyd,J.W
YGodbee 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 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
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 Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter Y Poston Y Powell Y Purcell
YRandall 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

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 Stephenson
Y Streat Y Taylor
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 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, further consideration of SB 1, SB 2 and SB 3 were postponed until Monday, March 22, 1993.

SB 175. By Senators Clay of the 37th and Edge of the 28th:
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 or any other person who discloses information about another person's job performance under certain circumstances.

WEDNESDAY, MARCH 17, 1993

2049

The following Committee substitute was read:

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 certain employers or other persons who disclose information about certain other persons' job performance under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, is amended by inserting at the end thereof a new Code Section 34-1-4 to read as follows:
"34-1-4. (a) As used in this Code section the term: (1) 'Employee' means any person who is employed by a hospital, health care insti-
tution, school, day care center, or other child care institution. (2) 'Employer' means a hospital, health care institution, school, public health facil-
ity, day care center, or other child care center. (b) An employer as defined in subsection (a) or any person employed by an employer who discloses information concerning an employee's or former employee's job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Hart of the 116th moves to amend the Committee substitute to SB 175 as follows:
On line 8, page 2, after the word "evidence", insert a comma and add the words
"unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation."
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 NBarnes N Bates N Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T

Y Brown Buck
N Buckner Y Bunn N Burkhalter Y Byrd
N Campbell Y Canty N Carlisle Y Carrell N Carter N Cauthorn N Chambless N Chandler N Channell Y Childers

Y Clark N Coker N Coleman.B
Coleman.T N Colwell
Connell
N Cox Y Crawford N Crews N Culbreth Y Cummings
Davis.G Y Davis.M N Dickinson N Dix Y Dixon.H

N Dixon,S N Dobbs N Dover Y Ehrhart Y Epps
Evans
N Felton N Floyd,J.M N FloydJ.W N Godbee N Golden N Goodwin
Greene Y Groover N Hammond
Hanner

Y Harris.B N Harris,M Y Hart Y Heard Y Hegstrom N Hembree
Y Henson Y Holland Y Holmes Y Howard N Hudson N Hughes Y Hugley Y James Y Jamieson Y Jenkins

2050

JOURNAL OF THE HOUSE,

Y Johnson.D.H N Johnson.E N Johnson.G Y Johnson.J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
YLadd N Lakly Y Lane,D N Lane.R N Lawrence N Lawson NLee Y Lewis NLord Y Lucas

N Maddox
E Mann
Y Martin Y McBee Y McClinton Y McKinney.B
Milam N Mills N Mobley.B Y Mobley,J N Moore Y Mosley N Mueller N Oliver N O'Neal Y Orrock Y Padgett YParham N Parrish N Patten

N Pelote Y Perry N Pinholster YPoag N Polak Y Porter Y Poston
Powell N Purcell
Y Randall Y Randolph YRay N Reaves Y Reichert Y Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp

Y 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 Y Smyre N Snow Y Stancil.F N Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague

On the adoption of the amendment, the ayes were 82, nays 83. The amendment was lost.

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

Representative Hart of the 116th moved that the House reconsider its action in failing to adopt the Hart amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Y Holmes Y Howard N Hudson N 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 Y Joyce YKaye Y Kinnamon Y Klein
Ladd NLakly Y Lane,D NLane.R N Lawrence YLawson NLee Y Lewis
YLord Y Lucas Y Maddox E Mann Y Martin YMcBee Y McClinton
McKinney.B Milam N Mills

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

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

On the motion, the ayes were 107, nays 59. The motion prevailed.

Representative Ladd of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 17, 1993

2051

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 Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks.D Y Brooks.T Y Brown NBuck N Buckner Y Bunn N Burkhalter YByrd N Campbell Y Canty N Carlisle Y Carrell N Carter N Cauthorn N Chambless N Chandler Y Channell Y Childers Y Clark N Coker Y CoIeman.B
Coleman.T

N Colwell Connetl
NCox Y Crawford
Y Crews Y Culbreth
Y Cummings Davis.G
Y Davis.M N Dickinson NDix Y Dixon.H N Dixon.S N Dobbs Y Dover Y Ehrhart YEpps N Evans N Felton N Floyd,J.M Y Floyd,J.W
N Godbee N Golden N Goodwin Y Greene Y Groover N Hammond N Hanner Y Harris.B N Harris,M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard N Hudson N 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 Y Joyce YKaye Y Kinnamon Y Klein
Ladd NLakly
Y Lane.D N Lane.R N Lawrence N Lawson NLee Y Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton Y McKinney,B
Milam N Mills

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

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

On the adoption of the amendment, the ayes were 95, nays 73. The amendment was adopted.

Representative Ladd of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representatives Klein of the 39th and Kinnamon of the 4th move to amend the Committee substitute to SB 175 as follows:
Add to P 2, Line 8:
"In all instances the employee or former employee shall be entitled to a copy of such information when such information is written, upon request by the employee or former employee. When such information is orally communicated, such employee or former employee shall be entitled, upon request, to know the contents of such oral communication."

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 N Barnes

N Bates N Benefield N Birdsong Y Bordeaux

N Bostick
N Breedlove N Brooks.D Y Brooks.T

Y Brown YBuck N Buckner Y Bunn

2052

JOURNAL OF THE HOUSE,

Y Burkhalter NByrd N Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn
N Chambless N Chandler N Channell
Y Childers Y Clark Y Coker N Coleman,B
Coleman.T N Colwell
Connell
NCox N Crawford
N Crews N Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson
YDi* Y Dixon.H N Dixon.S N Dobbs N Dover
Y Ehrhart

N Epps N Evans N Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin
Greene N Groover Y Hammond
Hanner N Harris.B N Harris.M YHart N Heard Y Hegstrom Y Hembree Y Henson N Holland N Holmes Y Howard N Hudson N Hughes N Hugley Y James N Jamieson N Jenkins N 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 N Lane,D N Lane,R N Lawrence N Lawson NLee Y Lewis
NLord N Lucas N Maddox E Mann N Martin N McBee Y McClinton N McKinney.B
Milam N Mills
N Mobley.B Mobley,J
Y Moore Y Mosley Y Mueller N Oliver N O'Neal Y Orrock

N Padgett Y Parham N Parrish N Patten
Y Pelote N Perry N Pinholster YPoag N Polak N Porter N Poston N Powell N Purcell Y Randall Y Randolph NRay N Reaves N Reichert Y Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp Y Simpson N Sinkfield Y Skandalakis N Skipper N Smith,C N Smith,L N Smith,P
Smith.T

On the adoption of the amendment, the ayes were 58, nays 108. The amendment was lost.

The following amendment was read and lost:

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

Representative Canty of the 52nd moves to amend the Committee substitute to SB 175 as follows:
Line 5, page 2 after word employee, add; which are documented facts from personnel records,.

The following amendment was read:

Representative Ehrhart of the 36th moves to amend the Committee substitute to SB 175 as follows:
On page 1 on line 4 delete "certain" replace with add
Line 21 delete Section 2 Line 24 delete as defined in subsection (a).

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

Y Ashe Y Atkins N Bailey N Baker N 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 Y Brown NBuck

Y Buckner YBunn Y Burkhalter NByrd Y Campbell
N Canty Y Carlisle N Carrell Y Carter

N Cauthorn N Chambless Y Chandler Y Channell N Childers Y Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth N Cummings
N Davis.G Y Davis.M

WEDNESDAY, MARCH 17, 1993

2053

Dickinson YDix N Dixon.H
N Dixon.S Y Dobbs N Dover Y Ehrhart
N Epps Y Evans Y Felton
Floyd,J.M
Y Floyd.J.W God bee
Y Golden
Y Goodwin N Greene N Groover N Hammond
Hanner N Harris.B Y Harris.M NHart N Heard N Hegstrom Y Hembree N Henson N Holland

N Holmes Y Howard N Hudson Y Hughes
Hugley Y James
Jamieson N Jenkins N Johnson.D.H Y Johnson.E Y Johnson.G
Y Johnson,J N Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein Y Ladd Y Lakly N Lane.D N Lane,R Y Lawrence Y Lawson NLee Y Lewis NLord

N Lucas Y Maddox E Mann N Martin N McBee N McClimon
McKinney.B Mitam Y Mills N Mobley.B N Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal N Orrock N Fadgett Y Parham Parrish N Patten N Pelote N Perry Y Pinholster
YPoag N Polak Y Porter

N Poston N Powell Y Purcell Y Randall Y Randolph NRay N Reaves N Reichert Y Roberts Y Royal N Scoggins N Shanahan Y Sherrill Y Shipp
N Simpson N Sinkfield
Y Skandalaki: N Skipper N Smith.C N Smith.L N Smith,P
Smith.T Y Smith, V Y Smith.W N Smyre
Snow N Stancil.F

On the adoption of the amendment, the ayes were 77, nays 84. The amendment was lost.

Y Stancil.S Y Stanley,L
Stanley,? Y Stephenson N Streat
Taylor Teague NTeper N Thomas.C Tillman
Y Titus Y Towery Y Trense N Turnquest NTwiggs Y Vaughan N Walker N Wall N Watson N Watts Y Westmorland N White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

Representative Ehrhart of the 36th moved that the House reconsider its action in failing to adopt the Ehrhart amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron Y Barnes Y Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks,D N Brooks.T N Brown NBuck N Buckner Y Bunn Y Burkhalter
NByrd Y Campbell
Y Canty N Carlisle N Carrell Y Carter
N Cauthorn N Chambless Y Chandler Y Channel! N 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
Dickinson YDix N Dixon,H Y Dixon.S N Dobbs N Dover Y Ehrhart NEpps Y Evans Y Felton Y Floyd,J.M Y Floyd,J.W N Godbee Y Golden Y Goodwin Y Greene N Groover N Hammond N Hanner N Harris,B Y Harris.M YHart N Heard N Hegstrom
Y Hembree N Henson
Y Holland

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

On the motion, the ayes were 77, nays 87.

N Mobley.B N Mobley,J Y Moore N Mosley Y Mueller N Oliver N O'Neal N Orrock
N Padgett Parham Parrish
N Patten
N Pelote N Perry Y Pinholster
YPoag N Polak N Porter
N Poston N Powell
N Purcell Randall
N Randolph NRay N Reaves N Reichert Y Roberts Y Royal N Scoggins N Shanahan Y Sherrill Y Shipp N Simpson N Sinkfield Y Skandalakis N Skipper

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

2054

JOURNAL OF THE HOUSE,

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 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 Y Buckner YBunn Y Burkbalter 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 Connetl
YCox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis.G Y Davis.M
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
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 Y Johnson.E
Jobnson.G Y Johnson,J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R N Lawrence Y Lawson YLee Y Lewis YLord Y Lucas N Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley N 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 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 Sinkfleld Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T N Smith.V N 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 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 160, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 347. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, so as to authorize the Department of Banking and Finance to establish by rule or as a condition to the approval of articles of incorporation of a special purpose bank certain special conditions; to provide for editorial revision.

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

WEDNESDAY, MARCH 17, 1993

2055

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 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 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 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
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
Par ham 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 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 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 172, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 343. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition; to require permits from the Department of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for orders; to remove shelters in violation.

The following Committee substitute was read:

A BILL
To amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition, to require permits from the Department of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for approval by a public transit authority in certain circumstances; to provide for orders to remove shelters in violation; to provide for removal and a statement of expenses; to allow for shelters on certain roads erected by persons other than local governments or public transportation authorities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, is

2056

JOURNAL OF THE HOUSE,

amended by striking in its entirety subsection (d) and inserting a new subsection to read as follows:
"(d) (1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the conve-
nience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents.
(B) 'Commercial advertisement' means a printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 21-1-1. (2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements:
(A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a public state or federal aid primary road shall apply to the department for a permit; and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This subsection paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this subsection paragraph;
(B) If the bus shelter is to be located on the right of way of a public road other than a state or federal aid primary road within a county or municipality, the respcetive county er municipality must atee approve the erection and maintenance ef- the
permission to erect and maintain such shelter shall be sent made to the respective county or municipality^ Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and
(C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a public state or federal aid primary road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows:
(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or
(ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway.
(3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and its removal may be ordered by the department or the governing authority of the respective county or municipality. If such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state or federal aid primary road, if If payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. W-hen a b9 shelter ts locfltcd on ft county rodci system of on ft mumcipsi street system) trie depflrtmcut

WEDNESDAY, MARCH 17, 1993

2057

may delegate its powers under this paragraph te the respective county er municipality,
mcnt in enforcing the conditions ef permits issued fey the department pursuant te the provisions ef this subsection.
(4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state or federal aid primary road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter.
(5) Permits for shelters on state or federal aid primary roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Martin of the 47th moves to amend the Committee substitute to SB 343 by striking lines 1 through 32 of page 4 in their entirety and inserting in lieu thereof the following:
"(3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. K In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state or federal aid primary road, if K payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. When ft bus shelter is located e a county read- system er en ft municipal street system, the department may- delegate its- powers under- this paragraph te the respective county er municipality, and th respective county er municipality shftti cooperate with and- assist the department in- enforcing the- conditiona ef- permits issued fey the department pursuant te the provisions ef this subsection.".

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

2058

JOURNAL OF THE HOUSE,

Y Brooks.T Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd
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
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 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
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
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
Y Orrock Y Padgett
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
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 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, by substitute, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 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 to which responses and inquiries may be directed; to provide for definitions; to provide for applicability.

The following substitute, offered by Representative Thomas of the 100th, et al. was read and adopted:

A BILL
To amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings of governmental bodies, so as to repeal the provisions relating to criminal penalties; 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 to which responses and inquiries may be directed; to provide for definitions; to provide for applicability; to provide for limited use of noncomplying stationery; to provide for other related matters; 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 in certain administrative proceedings parties may not access public records pertaining to the subject of the proceeding without the approval of the presiding administrative law judge; to provide an exception with regard to certain proceedings; to provide for related matters; 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

WEDNESDAY, MARCH 17, 1993

2059

to provide for a definition of the term "trade secret"; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings of governmental bodies, is amended by striking Code Section 50-14-6, which reads as follows:
"50-14-6. Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00.", and inserting in lieu thereof the following:
"50-14-6. Reserved."
Section 2. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, currently designated as reserved, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-18-1. (a) As used in this Code section, the term 'state agency' means any state department, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality.
(b) All stationery used by any state agency for correspondence with members of the public shall have printed or typed thereon one or more telephone numbers to which responses or questions concerning such correspondence may be directed.
(c) This Code section shall not apply to: (1) Stationery for the use of the office of the Governor; or (2) Stationery for the use of any officer or agency or other entity of the judicial
branch of state government. (d) Subsection (b) of this Code section shall apply to all stationery ordered by state agencies after July 1, 1993. Until July 1, 1995, state agencies may continue to use stationery printed before July 1, 1993, which does not comply with subsection (b) of this Code section."
Section 3. Said chapter is further amended by striking subsection (e) of Code Section 50-18-70, relating to inspection of public records, in its entirety and inserting in lieu thereof the following:
"(e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request in the same manner as any other request for information put forth by a party in such a proceeding. This subsection shall not apply to any proceeding under Chapter 13 of this title, relating to the revocation, suspension, annulment, withdrawal, or denial of a professional education certificate, as defined in Code Section 20-2-200, or any personnel proceeding authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of Title 20."
Section 4. Said chapter is further amended by striking subsection (b) of Code Section 50-18-72, relating to the exemption from public disclosure for certain records, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) As used in this article, the term 'trade secret' shall have the same meaning as that term is defined and used in Article 27 of Chapter 1 of Title 10, the 'Georgia Trade Secrets Act of 1990,' as amended.
(2) This article shall not be applicable to any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of,

2060

JOURNAL OF THE HOUSE,

study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister YBarfoot 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
Bum) Y Burkhalter YByrd Y CampbeU 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 N 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 N 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 N Jamieson Y Jenkins Y Johnson.D.H N Johnson,E Y Johnson.G
Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein NLadd N Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas 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
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 Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skandalakis Y Skipper

N Smith.C Y Smith.L Y Smith.P Y Smith.T N Smith,V N Smith,W YSmyre
Snow 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 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, by substitute, the ayes were 154, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 17, 1993

2061

A BILL
To amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to exclude certain nonrecurring costs from the definition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by striking paragraph (4) of subsection (h) of Section 9 thereof and inserting in its place the following:
"(4) For purposes of this subsection (h), 'transit operating revenue' means all fees, .user charges, contract payments, or other monies or income received or derived by the Authority:
(A) From the operation of a transportation system, as defined in Section 2(g) of this Act;
(B) From the investment of reserve funds to the extent such investment income may, under the provisions of subsections (i) and (1) of Section 25 of this Act, be used to pay operating costs; or
(C) From leases of Authority owned real property, but shall not mean any funds derived from the sales and use tax authorized in Section 25 of this Act, nor any funds provided by the federal government under the Urban Mass Transportation Act of 1964 (P. L. 88-365), as amended, nor any other such revenue not clearly received or derived from the operation of the transportation system, from the investment of reserve funds as provided in subsections (i) and (1) of Section 25 of this Act, or from leases of Authority owned real property; and 'operating costs' means 'operating costs of the system,' as defined in Section 25(i) of this Act, and exclusive of depreciation and amortization and other costs and charges as provided in the said definition."
Section 2. Said Act is further amended by striking subsection (i) of Section 25 thereof and inserting in its place a new subsection to read as follows:
"(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and i amortization, and other costs and charges as provided in this subsection, until July 1, 2032, after which time no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation and j amortization, and other costs and charges as provided in this subsection, and that commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation ad j amortization and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980 or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board may, in its sole discretion, reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide

2062

JOURNAL OF THE HOUSE,

an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction and improvement of the rapid transit system, according to accepted principles of accounting2 and also exclusive of nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 1994, interest earned on reserve funds set aside:
(1) For rebuilding, repairing, or renovating facilities of the rapid transit system; (2) For replacing, repairing, or renovating equipment or other capital assets thereof; or (3) From the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y 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 Y Buck Y Buckner Y Bunn YBurkhalter 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
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
Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans

Y Felton Y Floyd,J.M Y Floyd,J.W
Godbee Y Golden Y Goodwin
Greene Y Groover
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 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 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
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

WEDNESDAY, MARCH 17, 1993

2063

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 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 YYates
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 medical information, so as to provide that pharmacists shall not be required to release any medical information concerning patients except under certain circumstances; to provide for the extent of liability; to provide for waiver of such privilege.

The report 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 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

SR 230. By Senator Brown of the 26th: A resolution designating a certain bridge as the Walter L. Hardin 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 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 231. By Senator Brown of the 26th: A resolution designating a certain crosswalk as the Bobby Jones Crosswalk.

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 104, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

2064

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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1072 Do Pass SB 254 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following Bills of the Senate:

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 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 to which responses and inquiries may be directed; to provide for definitions; to provide for applicability.

SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, 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; to provide an effective date.

The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution 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.

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

HB 1072. By Representative Ashe of the 46th:
A bill to amend an Act providing for the election of the members of the Board of Education of Fulton County, so as to change the compensation of the members.

WEDNESDAY, MARCH 17, 1993

2065

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes and amendments thereto:

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.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia, relating to excise taxes on rooms, lodgings, and accomodations, so as to authorize a county or municipality under certain circumstances to expend taxes collected from certain levies for supporting a facility owned or operated by a local government or authority for convention or trade show and similar purposes; to authorize agreements between certain state authorities and counties or municipalities regarding the collection and remission of such taxes on lodges, cabins, and similar facilities; to provide for certain feasibility studies concerning privatization to be conducted prior to any such agreement to collect or remit any such taxes levied on and after July 1, 1994; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 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, is amended by striking in its entirety paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph to read as follows:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during

2066

JOURNAL OF THE HOUSE,

which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; e* (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county I percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and if such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner."
Section 2. Said Code section is further amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 Va percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; ef (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1^ percent sales and use tax authorized bjr Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year

WEDNESDAY, MARCH 17, 1993

2067

during which the tax is collected under this paragraph (4)) an amount equal to at least 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; e* (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; or (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized bjr Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993. Amounts so expended to meet such 16 % percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities."
Section 2. Said article is further amended by striking Code Section 48-13-54, relating to the collection and remission of taxes on lodges operated by the Department of Natural Resources, and inserting in its place a new Code Section 48-13-54 to read as follows:
"48-13-54. Any state park or other facility operated under the jurisdiction of the Stone Mountain Memorial Association, the Jekyll Island State Park Authority, the Lake Lanier Islands Authority, the North Georgia Mountains Authority or the Department of Natural Resources which regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodges or cabins were privately operated; provided, however, prior to entering any agreement to collect and remit any taxes levied on and after July 1^ 1994, under Code Section 48-13-51, the appropriate state authority or the Department of Natural Resources shall conduct a study to evaluate the feasibility of involving private persons, firms, corporations, and partnerships in the future development, construction, operation, and management of such facility. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the state park is operated as long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the appropriate state authority or the Department of Natural Resources."
Section 4. This Act shall become effective upoti its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 84th moved that the House disagree to the Senate substitute to HB 472.
The motion prevailed.

2068

JOURNAL OF THE HOUSE,

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 Senate substitute was read:

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; to provide for vacancies; to provide that in the exercise of certain powers, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same extent as the state; to require certain hospitals which receive certain public funds to comply with certain laws relating to open meetings and open records; to exempt certain potentially commercially valuable information; to exempt certain competitively advantageous information; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Authorities Law," is amended by adding immediately following Code Section 31-7-72 a new Code section to read as follows:
"31-7-72.1. (a) A hospital authority activated for a county pursuant to Code Section 31-7-73 may be merged with a hospital authority activated for that county under Code Section 31-7-72 upon compliance with this Code section and approval by resolution of the governing authority of the county in which the authorities are located. A majority of the board of each such hospital authority must approve such merger by a resolution which is adopted by each such board and is filed with the department. That resolution shall set forth:
(1) The name of each hospital authority planning to merge and the name of the surviving hospital authority into which each plans to merge; and
(2) The terms and conditions of the planned merger. (b) The merger authorized by subsection (a) of this Code section shall not become effective until the governing authority of the county of operation of the merging hospitals appoints the members of the board of the surviving hospital authority by proper resolution and files copies of such resolution with the department. The governing authority is not required but is authorized to appoint as a member of the surviving hospital authority any member of a hospital authority planning to merge. The board of the surviving hospital shall consist of not more than 15 members with initial appointments for such staggered terms as provided in the resolution of the county governing authority. Appointments to fill vacancies for either an unexpired or full term shall thereafter be filled as authorized for an authority under subsection (c) of Code Section 31-7-72. The surviving hospital authority shall be in all other respects a hospital authority created under Code Section 31-7-72. (c) A county whose hospital authorities have merged under the authority of this Code section shall not thereafter be prohibited from activating a hospital authority under Code Section 31-7-73. (d) When a merger under this Code section takes effect:
(1) Each hospital authority party to the merger merges into the surviving hospital authority and the separate existence of each such hospital authority except the surviving hospital authority ceases;
(2) The ownership of and authority to operate the hospitals owned by each hospital authority and, the title to all real estate and other property owned by each hospital

WEDNESDAY, MARCH 17, 1993

2069

authority party to the merger is vested in the surviving hospital authority without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger;
(3) The surviving hospital authority has all liabilities and obligations of each hospital authority party to the merger; and
(4) A proceeding pending against any hospital authority party to the merger may be continued as if the merger did not occur or the surviving hospital authority may be substituted in the proceeding for the hospital authority whose existence ceased, (e) It is declared by the General Assembly of Georgia that in the exercise of the power specifically granted to them by this Code section, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia."
Section 2. Said article is further amended by striking Code Section 31-7-75.2, relating to exemptions from disclosure requirements for a potentially commercially valuable plan, proposal, or strategy, in its entirety and inserting in lieu thereof the following:
"31-7-75.2. Notwithstanding any other provision of law to the contrary, no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the authority or its medical facilities or disclose or make public any information or document which discloses or makes public information that may create a competitive advantage for any entity in commercial competition with the authority or its medical facilities and wfeieh
proposal, er strategy has cither been approved ef rejected by the hospital authority gev-
hospital authorities sfeftU comply with the provisions ef Chapter i4 ef Title 66 and Artir-lf. A r Chapter Ifi of Title 60 "
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 33rd moved that the House disagree to the Senate substitute to HB 689.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 49 by adding following the word "aside" to line 30 of page 2 the following: "in a proceeding instituted in the superior court".

Representative Poston of the 3rd moved that the House agree to the Senate amendment to HB 49.
On the motion, the ayes were 98, nays 0.
The motion prevailed.

2070

JOURNAL 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.

The following Senate amendment was read:

Amend HB 728 by striking from line 12 of page 2 the word "and" at the end of such line.
By adding at the end of line 15 of page 2 the following: "; and".
By adding between lines 15 and 16 of page 2 the following:
"(D) With private nonprofit entities organized for the purpose of providing housing to persons of low and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c) of the Internal Revenue Code of 1986".

Representative Lane of the 55th moved that the House agree to the Senate amendment to HB 728.
On the motion, the ayes were 112, nays 0.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 551 by changing April 13, 1993 to April 13, 1992 on page 4 line 16.

Representative Dixon of the 168th moved that the House agree to the Senate amendment to HB 551.
On the motion, the ayes were 99, nays 0.
The motion prevailed.

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 Annotated, 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 following Senate substitute was read:

WEDNESDAY, MARCH 17, 1993

2071

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the selection of bailiffs in the superior courts; to authorize the provision by local law for alternative methods of filling vacancies in the office of sheriff; 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 of Article 1 of Chapter 6, relating to general provisions relative to superior courts, a new Code Section 15-6-35 to read as follows:
"15-6-35. The sheriff shall have the right to select such bailiffs, with the approval of the court, as may be necessary to transact properly the business thereof. Whenever the public interests require it, the judge shall have the power to appoint such additional bailiffs as the judge deems necessary."
Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-16-8, relating to the filling of vacancies in the office of sheriff, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided by local law, vacancies Vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Carrell of the 87th moved that the House agree to the Senate substitute to HB 764.
On the motion, the ayes were 103, nays 2.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 306 by inserting between lines 5 and 6 of page 1 the following:
"provide for immunity; to".
By striking line 21 of page 2 in its entirety and inserting in lieu thereof the following:
"stater;
(7) Other laws to the contrary notwithstanding, no county juvenile intake or probation officer or staff of the Department of Children and Youth Services serving as juvenile intake or probation officer shall be liable for the acts of any juvenile not detained or taken into custody as provided in paragraph (5) of this Code section when, in the judgment of such officer, such detention or custody is not warranted."

Representative Sinkfield of the 57th moved that the House agree to the Senate amendment to HB 306.

2072

JOURNAL OF THE HOUSE,

On the motion, the ayes were 102, nays 3. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to 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 be carried forward from the close of certain taxable years; to correct an internal cross-reference in Code Section 48-7-86; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 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 by a corporation 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 chapter 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 follows:
"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, processing, 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

WEDNESDAY, MARCH 17, 1993

2073

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 designation 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 community 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 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 designated less developed area. Credit shall not be allowed during a year if the net employment 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 fluctuations 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 determined 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 completed, 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. Said chapter is further amended by striking subsection (f) of Code Section 48-7-86, relating to penalty for failure to pay or for underpayment of income taxes, and inserting in its place a new subsection (f) to read as follows:

2074

JOURNAL OF THE HOUSE,

"(f) If any part of any underpayment of tax required to be shown on a return is due to fraud, an amount equal to 50 percent of the underpayment shall be added to the tax. This amount shall be in lieu of any amount determined under subsection W (e) of this Code section. If any penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, no penalty under Code Section 48-7-57 or subsection (a) of this Code section shall be assessed with respect to the same underpayment."
Section 4. Section 1, Section 3, this section, and Section 5 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 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Buck of the 135th moved that the House agree to the Senate substitute to HB 536.
On the motion, the ayes were 99, nays 2.
The motion prevailed.

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.

The following Senate substitute was read:

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 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, 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 traveling 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 registration, reports, tax payments, tax assessments, and penalties for certain cigar and cigarette taxes, so as to remove an incorrect cross-reference; to amend Chapter 1 of Title 36

WEDNESDAY, MARCH 17, 1993

2075

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 practitioners 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 require a public hearing in certain circumstances; to provide for exemptions and reductions; to provide for an election for 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 regulatory 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 Section 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 professional 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:

1ft vflC DUS1HC89 Or StFUCIUFfll pC9t COftlFOl 1ft 11113 9tftv6) flUtl HO COUIlty Of IBUHlClpCtllty
shall be authorized to impose any business license fee or occupation tax apen any person
located an established business office of- a person er persona engaged in the business ef structural pest control, provided that any municipality er county wnic* levies ft general
te levy and collect an occupational, license, er professional tax upon any licensee ttnder this chapter transacting business within the boundaries ef the taxing jurisdiction, which
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."

2076

JOURNAL OF THE HOUSE,

Section 4. Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, 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 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 delivery 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 census.", 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 municipal and county occupation taxes for the following: traveling salespersons engaged in taking 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 jurisdiction, 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 Annotated, 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:

WEDNESDAY, MARCH 17, 1993

2077

(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. Section 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);
(iv) Payments made to a subcontractor or an independent agent; and (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts.
(3) 'Location or office' shall not include a temporary work site which serves a single 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, profession, 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 conditions 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 practitioners. 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 punishment of violation of such a local ordinance or resolution. The governing authority of
each municipal corporation is authorized to classify businesses and practitioners of professions 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 punishment 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 customers 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

2078

JOURNAL OF THE HOUSE,

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 punishment 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 government 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 businesses and practitioners of professions and occupations doing business in the unincorporated 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 authorizing 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 customarily 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;

WEDNESDAY, MARCH 17, 1993

2079

(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
(20) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, 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 individual 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 measured by nation-wide averages derived from statistics, classifications, or other information 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

2080

JOURNAL OF THE HOUSE,

nation-wide averages derived from statistics, classifications, or other information published 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 according 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 governments 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 occupations or professions as part of a plan for economic development or attracting or encouraging selected types of businesses or practitioners of selected occupations or professions. Such exemptions or reductions in occupation tax shall not be arbitrary or capricious.
(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 occupation tax one of the following:
(1) The occupation tax resulting from application of the other provisions of this article; or
(2) A fee to be set by the local government, not to exceed $400.00 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 methods:
(1) Dividing a business into its constituent parts and imposing a separate occupation tax on each part or portion of the business, except that businesses or practitioners 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 practitioner; 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 subsection (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 business 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:

WEDNESDAY, MARCH 17, 1993

2081

(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 municipality or county of the state. 48-13-14. (a) In levying occupation tax upon a business or practitioner with a location 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 practitioner 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 manufactured 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 business 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 paragraph (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 taxation 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 municipal 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 occupation 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 profession 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.

2082

JOURNAL OF THE HOUSE,

(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 purpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax.
48-13-16. (a) The following businesses or practitioners shall be exempt from occupation 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 articlt; shall not be construed to repeal other provisions of general law relating to local governments' occupation tax, registration fees, or regulatory fees for businesses or practitioners of professions or occupations.", 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: "48-13-6. 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, occupation, 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 occupation, 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 Heens* fees 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 municipality, when otherwise authorized, from levying any form of tax ef Iteeiwe 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 Section 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:

WEDNESDAY, MARCH 17, 1993

2083

"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 entertainment 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 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 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 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 municipalities 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 18-11. 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 percent 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 year2 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.
4843-14. 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

2084

JOURNAL OF THE HOUSE,

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 collection 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 persons 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 subsection (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.

Representative Bates of the 179th moved that the House agree to the Senate substitute to HB 362.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins Y Bailey
Baker N Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefleld Y Birdsong
Bordeaux Y Bostick N 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 N Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark N 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 Dobbs
Y Dover
N Ehrhart YEpps
Evans Y Felton Y FloydJ.M
Floyd,J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover N Hammond Y Manner Y Harris.B Y Harris.M NHart Y Heard Y Hegstrom Y Hembree
Henson N Holland

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

On the motion, the ayes were 127, nays 26. The motion prevailed.

Y Mobley.B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Parham 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
Roberts Y Royal
Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

N 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
Teague Y Teper
Y Thomas.C Y Tillman
Y Titus N Towery N Trense
Turnquest Y Twiggs N Vaughan
Walker N Wall
Watson
Y Watts Y Westmoreland
Y White Y Williams,B N Williams.R
Y Yates Y Yeargin
Murphy,Spkr

WEDNESDAY, MARCH 17, 1993

2085

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.

Representative Kaye of the 37th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 Annotated, relating to exceptions under the "Boiler and Pressure Vessel Safety Act," so as to include certain air storage tanks among the exceptions.

The following Senate amendment was read:

Amend HB 39 by striking on line 11 on page 2 the word "over" and inserting in its place the word "under".

Representative Powell of the 23rd moved that the House agree to the Senate amendment to HB 39.
On the motion, the ayes were 108, nays 2.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to change certain definitions relating to hospitals and other institutions; 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; to change powers and duties of the Department of Human Resources and the Division of Mental Health, Mental Retardation, and Substance Abuse; to provide for rules, regulations, and standards and provide for their availability; to clarify certain provisions regarding the use of psychologists and physicians; to change the manner of adopting rules and regulations of the Board of Human Resources and the department thereof; to change the provisions regarding hearings and appeals of actions of that department and injunction proceedings by that department and relating to confidentiality and inspection warrants; to change the organizations and methods through which mental disability services are provided; to change definitions; to provide for mental health, mental retardation, and substance abuse regions and provide boards and planning units for such regions in place of certain advisory councils; to change certain duties of the Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse; to provide for appointment of members to such boards and the terms and qualifications and compensation and expenses of such members; to provide for vacancies on and organization, bylaws, and meetings of such boards; to provide for personnel for such

2086

JOURNAL OF THE HOUSE,

boards and funding therefor and for the functions, duties, and powers of those boards; to provide for the distribution of funds; to provide for audits; to provide for community mental health, mental retardation, and substance abuse service boards and the areas thereof, the appointment of members of such boards, and the terms and qualifications of those members; to provide for county participation in those boards; to provide for county boards of health to serve as community service boards; to provide for community service board personnel, organization, bylaws, duties, powers, and responsibilities; to provide for personnel status, benefits, and compensation; to provide for exemption from taxation; to change the provisions relating to state disability services plans; to provide for coordination of disability services; to provide for open meeting and records; to provide for emergency services; to provide for fees and accounting therefor and use thereof; to provide for venue; to provide for legal assistance; to delete certain provisions relating to minor child drug screening; to provide for access to records and certain restrictions relating thereto; to provide for statutory construction; to change the duties and expiration date of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery and to change a specific repealer relating to that commission; to provide for all related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking paragraph (4) of subsection (a) of Code Section 31-3-2, relating to composition of the county boards of health, and inserting in its place a new paragraph (4) to read as follows:
"(4) One member to be appointed by the governing authority of the county shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of mental health, mental retardation, and substance abuse health services;".
Section 2. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 31-3-4, relating to powers of county boards of health, and inserting in its place a new paragraph (6) to read as follows:
"(6) Make contracts and establish fees for the provision of mental health and ethef public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal funding. No person shall be denied services on the basis of his that person's inability to pay. The scope of services, operating details, contracts, and fees approved by the county board of health shall also be approved by the district director of health. No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing authority;".
Section 3. Said chapter is further amended by adding a new Code Section 31-3-12.1 immediately following Code Section 31-3-12, to read as follows:
"31-3-12.1. In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with a regional or community mental health, mental retardation, and substance abuse .service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and substance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervisor of the specific service which is being

WEDNESDAY, MARCH 17, 1993

2087

provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substance abuse shall report directly to the county board of health and shall have no formal reporting relationship with the director of the county board of health."
Section 4. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subparagraph (A) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:
"(A) Any community mental health and mental retardation facility; Reserved;".
Section 5. Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions, is amended by striking Code Section 37-1-1, relating to definitions, and inserting in its place a new Code Section 37-1-1 to read as follows:
"37-1-1. As used in this title, the term: (1) 'Board' means the Board of Human Resources. (2) 'County board of health' means a county board of health established in accord-
ance with Chapter 3 of Title 31 or the Constitution of- Georgia and includes its duly authorized agents.
(2.1) 'Community service board' means a public community mental health, mental retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of certain disability services not provided by other public or private providers under contract with the regional board.
(2.2) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2.
(3) 'Department' means the Department of Human Resources and includes its duly authorized agents and designees.
(4) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff.
(5) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution.
(6) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43.
(6.1) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.
(6.2) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1.
(7) 'Resident' means a person who is a legal resident of the State of Georgia."
Section 6. Said chapter is further amended by adding a new Code Section 37-1-2 to read as follows:
"37-1-2. (a) The General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of persons with mental health, mental retardation, and substance abuse problems and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles, which includes but is not limited to the following:
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services;
(2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration;

2088

JOURNAL OF THE HOUSE,

(3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need;
(4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness;
(5) Decision making should reside at the local level, with the primary authority vested in local government, consumers, families, advocates, and other interested local parties;
(6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable;
(7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction;
(8) The functions of service planning, coordination, contracting, resource allocation, and client assessment should be separated from the actual service delivery programs;
(9) Consumers and families should have a single, community based point of entry into the system; and
(10) Consumers, staff, providers, and governing board members should receive ongoing training and education, and should have access to key management resources such as information systems and technical and professional support services. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, mental retardation, and substance abuse programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of Chapter 1 and Chapter 2 of this title is to provide for a comprehensive and improved mental health, mental retardation, and substance abuse service planning and delivery system in this state which will develop and promote the essential public interests of the state and the citizens thereof. These provisions should be constructed liberally to achieve their purposes."
Section 7. Said chapter is further amended by striking Code Section 37-1-20, relating to the Division of Mental Health, Mental Retardation, and Substance Abuse, and inserting in its place a new Code Section 37-1-20 to read as follows:
"37-1-20. (a) There shall be a Division of Mental Health, Mental Retardation, and Substance Abuse within the Department of Human Resources and a director thereof whose qualifications meet standards set by the board.
(b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental healthj ad
mental retardation^ and substance abuse; (2) Direct, supervise, and control the medical and physical care, treatment, and
rehabilitation provided by the institutions and programs under its control, management, or supervision;
(3) Have authority to contract for services with: public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; regional boards; county or municipal governments; any person, partnership, corporation, or association, whether public or private; the United States government or the government of any other state;
(4) Establish and support programs for the training of professional and technical personnel as well as regional boards and community service boards;
(5) Conduct Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health;

WEDNESDAY, MARCH 17, 1993

2089

(6) Assign specific responsibility to one or more units of the division for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability;
(7) Assign specific responsibility to one or more units of the division for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs;
(8) Make and administer grants te county beards- ef- health te implement community budget allocations to regional boards to fund the operation of mental health, and mental retardation programs l and substance abuse services in accordance with approved area regional programs and plans;
(9) Evaluate Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems and, in conjunction with and on behalf of regional boards and other providers, evaluate the efficacy of the state programs , regional, and community service boards through the regular assessment of the impact of the programs upon individuals receiving treatment;
(10) Establish, operate, supervise, and staff programs and facilities for the treatment of disability throughout this state;
(11) Disseminate information about available services and the facilities through which such services may be obtained;
(12) Establish within the division or under the jurisdiction of the regional boards or both a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; and
(13) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title."
Section 8. Said chapter is further amended by striking Code Section 37-1-22, relating to standards, rules and regulations, and inserting in its place a new Code Section 37-1-22 to read as follows:
"37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental healthj mental retardation, and substance abuse programs."
Section 9. Said chapter is further amended by striking Code Section 37-1-23, relating to rules of practice and procedure, and inserting in its place a new Code Section 37-1-23 to read as follows:
"37-1-23. The board and aS county beards of health are is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and att county boards ef- health , the division, and the regional boards are directed to make saefet the board's and the department's rules available for distribution."
Section 10. Said chapter is further amended by striking Code Section 37-1-24, relating to use of a psychologist or physician, and inserting in its place a new Code Section 37-1-24 to read as follows:
"37-1-24. No provision in this title shall require the department or any facility or private facility or any community mental health center service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function."
Section 11. Said chapter is further amended by striking Article 3, relating to promulgation of rules and regulations, and inserting a new Article 3 to read as follows:

2090

JOURNAL OF THE HOUSE,

"ARTICLE 3
37-1-40. All rules and regulations of the Board of Human Resources and ef- any county Doard of neftiin sn&ii DG adopted filter due notice to and neoring oy persons and parties affected thereby; and such rales and regulations shall be maintained in a beekKept top infit purpose, orderly arranged and indexed dud sueject to inspection i&y the public during regular business hours, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The agency adopting such fates and regulations shatt mflKe copies triePCoi avaiia Die tor distri oution to persons interested m or aiiectcd
or other reproduction ef their regulations and the distribution thereof. Ne rate e rcgula tion snail Dccome citecti ve as iflw until oy days alter its adoption except tR coses of
regulations shall become effective upon adoption; bat in aH saeh eases the agency adopting same shall as a part thereof state the conditions found fey it te justify saeh immcdi ate effectiveness. Where deemed desirable by the agency, hearing and- netiee as provided
tion.
Section 12. Said chapter is further amended by striking Article 4, relating to hearings, appeals, and evidence, and inserting in its place a new Article 4 to read as follows:
"ARTICLE 4
37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in this Code section. A hearing snail fliso i&e required witn respect to any find an quasi~judiciai Action and fls any ether proceeding required by this title er the Constitution ef Georgia. Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act.
section shall be given in person or by registered ef certified man te aH interested parties; provided, nowever, ift proceed in ^s m wnicn tne num Der ot intePCSted pftpties is so
tie e* by such other means reasonably calculated te> afford actual notice a may bepescribcd fey the agency e* persen conducting such hearing. AH notices shall state: (i) the time tnd piftce ot nefiring find nQturc tnepeoi, flnd ^c/ tne mfitters ot t&ct &nd iflw
fluency determines tfiftt &n imminent tnpeflt to tne puoiic rteftitft exists wfticn pecfuires ahoftcr notice.
4e) AH interested parties at such hearings shall have, upon request, compulsory pfecess fts provided m oode oection o / 'i"~oz ftnd snail nave tne ngnt to addbtce evidencc and conduct cross-examination ef aH adverse witnesses. Any member ef- the department
er any attorney at tew may administer oaths te aH witnesses. Ne witness shaft be abused while der examination e* required te incriminate himself. Where possible, aH evidence and proceedings shall be reported.
4d} (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. A county beard ef health is authorized and empowered te direct its director er the direetor s appointee to conduct nearings, issue compuiS'Ory process, administer ostfts, and submit his findings and recommendations te the eeanty beard ef healthr I beth-ef saehcases, the examiner and director er the director's appointee shan make the repert availa Die to all interested parties, and sucn parties are perm111ed to tile writteft excep11on thereto prier te final decision thereon.
37-1-51. {a) W Any persen whe is a party te a proceeding and- whe i aggrieved or adversely aiiccted oy any final order or action ot a county board ot neaitfi or

WEDNESDAY, MARCH 17, 1993

2091

agency ef the department may have review thereof by appeal te the department. Any person who is ft party te a proceeding and who is aggrieved er adversely affected fey any final erder er action ef the department may have review thereof by appeal te the superior eeart in the county k> which the action arose er te the Superior Court of- Fal-
{2} Appeals te the department shall be heard by it at saeh time, after net less than
that, tf seh appeal is net heard and determined within a period ef 96 days, the dccisien shall stand reversed unless aH parties consent te an extension ef time. Review en Qppcoi to uic depflrtmen* snftii DC con*inod to tfte tccore* tfsnsmitted ifom DCIOW find
county beards ef- health er ether agencies ef the department shall net be set aside en
Clppeftl tO ttte depflJ?tm6tit UnieSS COnifflfy tO iftW Of fUleS ftnd f eUlfttlOn9 Ox tile
department, unsupported by substantial evidence e the reeerd as a whole, er unrca-

osVii>anilil Yu\
clerk's effiee ef saeh eert within 30 days after the final erder er aetien ef- the department; the petition shall set ferth the names ef the parties taking the appeal, the order?
of decision &ppcfiled iPoiftj cmd trie PCftson rt is ciflimcd TO ncoua. The enforcement ef the erder er aetien appealed ftem shall net be stayed until
petition) WIG petitioner snftii serve OR tne comm1991oncf & copy tncpcot HI ft mftimep
The jdge shall hear the proceeding de neve and thereupon determine aH matters ef iflw ftnd iflct W'ltii of witiiout & jury^ HH tfie discretion of trie cippcfilln pftftyj &nd render his decision approving, setting aside, er modifying the erder ef action appealed
{b) Upon perfection ef the appeal as provided in subsection {a} ef this Code section rt 9n&ii oe tne duty of *ne ft^ency wftose order , fuic^ pe^uifltionj of decision ts under
ether proceedings including a copy ef the appeal and motion fer reconsideration, tf any; filed with it te be transmitted te the department er the superior ewt in et ere than
be written eat a narrative transcript ef aH evidence and proceedings before it under certificate ef its director er examiner er ether official conducting such hearings. Reserved.
37-1-52. {a) The testimony ef any witnesses er the production ef any books, papers, records, documents, physical objects, er other evidence for inspection may be compelled by any superior eewt ef competent jurisdiction en application ef the department er any county beard ef health seeking such process.
{b) This Code section shall apply te aH proceedings ander this titter Reserved. o /~ JL~OO. \ft/ Any order, fuie, fe^tti'dvion , of sny otner document> recordj of entry
ef health shall be admissible in evidence in any proceeding before any court er ether tfiDun&i IR tni9 stftte wnere otnefwise sdmissi Die ftnd not privileged of* coniidenti&l under tnis ^ooe section wnen certified tts tfue ftnd correct Dy &nd duly ftutnor12ed oy
ef the director er examiner whe shaH fee custodian ef such records te furnish and certify copies ef the reeerd er ether evidence upon payment ef reasonable costs therefor. Nothing in this Code section shall be construed as applying te Gede Section 12-6-176.
{b) The Notwithstanding any other provision of law to the contrary, the department and county beards ef health are is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless

2092

JOURNAL OF THE HOUSE,

the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7-166, and 37-7-167."
Section 13. Said chapter is further amended by striking paragraph (2) of Code Section 37-1-70, relating to definitions regarding inspection warrants, and inserting in its place a new paragraph to read as follows:
"(2) 'PttWie Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder."
Section 14. Said chapter is further amended by striking Code Section 37-1-71, relating to persons who may obtain inspection warrants, and inserting in its place a new Code Section 37-1-71 to read as follows:
"37-1-71. The commissioner or his the commissioner's delegate er the director ef any county beard- ef- health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner er director ef any county beard ef health er their agents or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title."
Section 15. Said chapter is further amended by striking Part 2 of Article 5, relating to injunctions, and inserting in its place a new Part 2 to read as follows:
"Part 2
37-1-90. The Department of Human Resources a4 aU county boards ef health ate is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department ef any county beard ef health. The department ad the county boards ef health ate is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department er any county beard ef health, as the ease may feer in the county in which a violation of any provision

QCClQFCCl tO DC lC&i CHtltlC9 CftpftlMC Or 111 AIR (Billing 9U1T tft iftClF PCSpCCt 1VC H3.IT1C3 WlttlTM
eat amtg the individuals constituting seh eeanty beard ef health er acting e behatf ef the department, as the ease may ber"
Section 16. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, mental retardation, substance abuse, and other disability services, is amended by striking Article 1, relating to general provisions, in its entirety and inserting a new Article 1 to read as follows:
"ARTICLE 1
37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or mentally retarded or who suffer from certain developmental disabilities including epilepsy, cerebral palsy, autism, and other neurologically handicapping conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services.
(b) It is the policy of this state to provide adequate mental health, mental retardation, substance abuse, and other disability services to all its citizens through the departrnent and the county boards ef health. It is further the policy of this state to provide

WEDNESDAY, MARCH 17, 1993

2093

such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private.
(c) It is the purpose of this chapter to enable and encourage the Department ef Human Rcsourcca and the county boards ef health te develop the development of comprehensive, preventive, early detection, rehabilitative, and treatment disability services; to improve and expand community service boards for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities.
(d) The provisions of this chapter shall be liberally construed to achieve the forcgoig objectives set forth in this Code section.
37-2-2. As used in this chapter, the term: (1) 'Area' means a Community Mental Health, Mental Retardation, and Substance
Abuse Service Area. (2) 'Commissioner' means the commissioner of human resources. (2.1) 'Community service board' means a public community mental health, mental
retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of certain public disability services not provided by other public or private providers under contract with the regional board.
(2.2) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section.
(3) 'Director' means the director of the division. (4) 'Disability' means:
(A) Mental or emotional illness; (B) Mental retardation; (C) Other neurologically handicapping conditions which require treatment similar to that for the mentally retarded including epilepsy, cerebral palsy, and autism; or (D) The abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs. (4.1) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (5) 'Disabled' means any person or persons who have a disability. (6) 'Division' means the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources. (7) 'Hospital' means a state owned or state operated facility providing services which include but are not limited to inpatient care and the diagnosis, care, treatment, or habilitation of the disabled.
(8) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1.
(8.1) 'Regional planning unit' or 'unit' means a regional mental health, mental retardation, and substance abuse planning unit created under Code Section 37-2-4.1.
{8} (9) 'Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs.
37-2-2.1. There shall be created within the Department of Human Resources a Division of Mental Health, Mental Retardation, and Substance Abuse.
37-2-3. (a) Based on recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery submitted to the Board of Human Resources pursuant to Code Section 37-2-34, the board shall designate boundaries for mental health, mental retardation, and substance abuse regions, which shall serve as the initial boundaries for establishment of the regional boards and units as prescribed in Code Section 37-2-4.1.
(b) The division, with input from the regional boards and with the approval of the commissionerj shall designate Community Mental Health, Mental Retardation, and Substance Abuse Service Areasz which, effective July 1^ 1994, shall serve as boundaries for

2094

JOURNAL OF THE HOUSE,

the establishment and operation of community service boards within this state for the purpose of organizing the planning for and delivery ef delivering certain disability services. For the period through June 30, 1995, and thereafter as the division deems appropriate, the boundaries for the areas and the operation of community service boards shall be the same boundaries as the Community Mental Health, Mental Retardation, and Substance Abuse Services Areas which were in effect as of July lj 1993. After July J^ 1995, the division, with input from the regriioonal boards, shall consider requests from a county or group of counties for recommended changes to the boundaries of the community service boards.
(c) To the extent practicable, the Community Mental Health, Mental Retardation, and Substance Abuse Service Areas boundaries for regional boards and units and community service boards shall not subdivide any county unit or conflict with any districts established by the department and the state relating to the planning for or delivery of health services. In dividing the state into areas, the board, the department, and the divi-
sion shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration
shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services.
37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse, referred to in this chapter as the 'Governor's council." The Governor's council shall con-
sist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disabil-
ity groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one
year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall
be an ex officio, nonvoting member. (b) The Governor's council shall advise the Governor, the board, the department,
and the division as to the efficacy of the state disability services programs, the need for
legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability ser-
vices programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner of
the department, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in
writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or
grievances. The Governor's council shall also guide and assist the area councils and kespital councils provide guidance and assistance to the regional boards, hospitals, commu-
nity service boards, and other private or public providers in the performance of their duties.
{e) There shall be created at each ef- the areas established under Code Section 37-2-3
flu Area ivieiitai .rieaitnr jvientai n/etardation, and ouDstancc y\.t)usc Advisoty oouncii,

and1 ttO 1638 til&H TO meHI DCPS and WilOSC membership Sttftll OC COIHpOSCd Or Ift&iVIdUftIS
wfto reside m tiie area And wno as ft group represent trie residents T tne arca^ talcing into consideration their employment, age? se*? place ef residence, ancl ether demographic characteristics ef the area and whoac membership shatt further he fairly representative ei all di&abi11ty groups. 1 ne area council snail oe appointed uy trie director suDjcct to* tne approvai of trie oovcrnor s council, wnicn approval snail oe evidenced vy written certification by the Governor's council. Appointments shall be made frem- individuals nominated by the district health director er the dcsignce ef the director ef- the division, which nomincca shall reflect those criteria set eat in this subsection.

WEDNESDAY, MARCH 17, 1993

2095

\ r7 i ne term of 6fieri memDep of trie ftpeft council snftii i&e IOP tnpee yeflps, provided that ef the members first appointed, ten shall be appointed fer ft term- ef one year; five for tt terra ef two years, and- the remainder, if any? for a terra ef three years. Vacancies shall be filled by similar appointments tot uncxpircd terms.
{e) The area council shall have the following powers and duties: {1} Te review and comment en the area plans required ander Code Section 37-2-6,
graph {4} ef Code Section 37-2-2, are adequately addressed and that the plan rcolisticftiiy cowsideps i inftncifti support pcifttive to tne cuppent pPOP&m fts wcu fts long tePHI development;
\sj A o suDmit to tne (jrovepnop s council ft written eVftlufl11on of trie &pe& pi&n within three months after receipt thereof;
&dvftnce to encoup&e trie &ttendonce of tires residents, oucn meetings snflii ~oe con ducted m ftccopdfln.ce witn rules &nd ppoceduPCS Adopted Dy tne ftpeft council to tfte extent that the director has net promulgated rates in conflict therewith;
{4) 'Fe submit annual reports te the county beards of- health, the division, the Governop s council* &nd sucn otnef &encies OP individu&is deenfteo flpppoprifltc, wnicn reports shall evaluate the effectiveness ef disability services in the areat
\Gj i o flct ds tne reppesentstive ot tne citizens OT tne fires tn re^spd to dis&Diiity sepvices j
^6) e receive and consider complaints and grievances submitted in writing by individuals, associations, er agencies involved with the delivery er receipt of disability services andr if- deemed appropriate, te make recommendations te the county beards of health in the area and; if- unable te resolve such complaints and grievances, te sabrait thera te the Governor's council for review and recommendation;
f?} Te assare the highest achievable level ef- public awareness ef available disability 8epvicesj snd
evaluate the cffcctivcncsa ef the facilities m delivering services. \TT J. o tne extent ppscticsDie^ tne &pes council snsii oe tne sole &dvisopy council IOP
council for hospital-based disability services in that area, nd the Governor's council the sete saeh state-wide council.
division's disability services program fer that arear
o0^ i ~7i0m^ t,1j. \e/ ~t\/ jT.Uii.u^.r.u^ ^3'iUio^.lf'li iu.ju> u^-- rc^c^i4L-^cJu ^w..ilLi-'iUii;i^J c^n^u^.iLi. Un.u^^a^j.j^i4m-^1i n,,, U iiu'nsnj-j^i-i*^--ti^ TJTiJIC^II.Jt-m^l 'iUi'cnoflilv4.iVi)

bcrs. The membership ef each hospital council shall be composed ef individuals residing witnin tne nospit&i 3 flpes ot opePStion &nd wno fts d ^poup peppesent tne residents of
ether demographic charactcriatics ef the area and whose membership shall further be tsipiy peppesento.11ve of flii dissuiiity groups, i fie nospit&i council snflii oe flppointed oy
evidenced by written certification by the Governor's council. Appointments te hospital council shall be made frera individuals nominated by the superintendent f that hospi-
set eat in this subsection. \O^' i 'Re term of eflcn mem DCP of ft nospitfti council sndn De fop tnpee yeflPSj except
tn&t of tne memoePS tipst &ppointedt live sn&ii oe sppointed IOP ft term of one yeftpj live fer a terra ef twe years, and the remainder, if any; fer a terra ef three years.
{e) A hospital council shall have the following powers and duties: \ L) i o PCview flnd comment on tnosc flspccts of tne stflte pifln peifttin^ to nospitfti
disability acrvieca, as proposed ander Code Section 37-2-7, giving particular emphasis te assuring that aH types ef disability are adequately addressed and that the plan realistic&Hy consideps i inftncifti suppopt peifltive to tne current ppo^Fftm fts wen fts term development;

2096

JOURNAL OF THE HOUSE,

\BT io suDniit to tiiG tfOvcTnor s council ft written evftiu&tion of the sidle plftH reviewed and commented en nder paragraph ft) ef this aubacction within three months after receipt thereof;
advance te encourage the attendance ef rcaidcnta ef the area served by the hospital. Steh meetings shall be conducted i accordance with rales and- procedures adopted by
ftiet therewith; {4) 0 submit annual reports te the county beards ef health i that hospital's ser-
dcemed appropriate, which reports shall evaluate the effectiveness ef- hospital disability services}
in regard te hospital disability services; {6} e receive and consider complaints and grievances submitted in writing by
individuals, associations, er agencies involved with the delivery er receipt ef disability services ift tnflt nospitfti 8.net, rt unci Die to Fesolvc such complftints ftnd ftevfliicest to submit them te the Governor's council fer review and recommendation;
disability services; and \o/ ro fissure ciiective coopeF&t1on find coopdin&tion Between tne ftospitfti find
community disability services. {d) Funding and staff support fer each hospital council shall be provided frem that hospital's disability services program. 37-2-4.1. (a) There are created within the division regional mental health, mental retardation, and substance abuse planning units. The number of those units and the regions within which they shall operate shall be established from time to time as necessary b_jr the board. In accordance with Code Section 37-2-3, the board shall initially establish the boundaries of each region based on the recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery pursuant to Code Section 37-2-34; provided, however, that any county with a population of 400,000 or more as of the United States decennial census of 1990 or any future such census may not be combined with any other county for the purpose of creating such a region without the approval of the county governing authority. (b) There is created a separate regional mental health, mental retardation, and substance abuse board as the governing body for each regional planning unit established under subsection (a) of this Code section. Each such board shall provide and facilitate coordinated and comprehensive planning and service delivery for its region in conformity with minimum standards and procedures established by the division. Each such board shall be designated with such identifying words before the term 'regional mental health, mental retardation, and substance abuse board' as that regional board may, from time to time, choose and designate by official action.
o'7_o_c (a\ ^Fho rnnntv hnflrfJQ nf Vipolth ITI tin nrnn qVinll twfrm'rp ** ininf hinnnifll
pioji lor tfte provision or cusdDiiity services m tne srefl. ~i fte piftn sncill DC 9uDm111ed to the division and te the area council as created by aubacction {e} ef Code Section 37-2-4,
county ooftpus of nesitfi rt ie&st six montfis us ctdvQ.nce ot tiie dste sucii uicnm&i picins

{b) Saeh plans shall include, by way ef illustration without limitation, the following: v \~) An estimflte cflt^^OPized Dy &e roup ot tne numoep of citizens residing itt tfte
area wfee require disability services as defined in Cede Section 37-2-7; {2) A description ef aH physical facilities, both governmental and private, which
ore &vft11ftDie of wnieft snouiQ oe developed to provide &deQu&te dis&oility servwes m
<d) A analysis ef present physical facilities, betfe governmental and private, the which might be converted te disability services facilities;

WEDNESDAY, MARCH 17, 1993

2097

\*t) An ftnftiysis of tne flvftiletD1111y witnin tne ores of professions,! &nd ovticr stfi.ii personnel trained i providing disability services;
{4rl) A fester ef existing professional and ether staff personnel currently providing disability services in the areat
{6) A proposed staff roster ef professional, technical, ad ether employees who should be hired te provide necessary disability services;
\i57' *r doscfiption HI order of priority of &n proposed pro^jrflms &nd uis&D111ty sei** vices to De provided m t>ne fires. oy tnc county uourcis of ne&itn of oy tnc division) which description shall specifically address, by way ef illustration without limitation, those services set forth subsection {b) of Code Section 37-2-7;
?) A analysis ef the opportunities for coordination ef disability services with other agencies and organizations as provided h> Code Section 37-2-Q;
{8) A statement ef the raeam by which the area- council created in- Code Section o i "Cim^ will "Be provided witn stflii B.SSist&nee &.nd Dy wnicn its operfttin^f expenses will DC deifflyedj find
services find ftii sources ot revenue. \c* *ft tne event tn&t tne division modifies tne provisions of AH 8.reft pi&n su omitted
ef health i the area, the Governor's council, er the area council, shall explain the- eeasidcrations resulting i the modification.
(a) Each regional board shall establish policy and direction for disability services planning, delivery, and evaluation, including outcome evaluation, within the region, and shall perform such other functions as may be provided or authorized by law.
(b) Membership on the regional board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board;
(2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof;
(3) The appointment or appointments for each county shall be made by the county governing authority; and
(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.l) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the regional board provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on the community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2) A member of the community services board may not also serve as a member of the regional board or be an employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from the regional or community services boards. (c) In making appointments to the regional board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the

2098

JOURNAL OF THE HOUSE,

Georgia Mental Health Consumer Network, the Geori ___ ____ _____ _ Georgia Alliance for the Mentally 111, the American Association for Retired Persons, Georgians for Children, the Association for Retarded Citizens, the Mental Health Association of Georgia, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates.
(d) Initial appointments to the regional board shall be made by August 1 1993. Initial terms of the regional board shall be established in bylaws adopted pursuant to paragraph (e) of this Code section. Thereafter, the term of a member of the board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity, or such other reasonable condition as the regional board may impose under their bylaws. Vacancies on the board shall be filled in the same manner as the original appointment.
(e) Prior to December 31, 1993, each regional board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered initial terms of the initial board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute at least approximately one-half of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chair and vice chair of the regional board shall be elected from among the members of the board, to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. The bylaws may also provide for the appointment by the regional board of an advisory committee or advisory committees to work with the regional board in addressing various issues. Prior to their adoption by the regional board, the bylaws shall be submitted to the division for review and approval. The regional board must have the written approval of the director of the division prior to the adoption of bylaws.
(f) The regional board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional board.
(g) Each member of the regional board may, upon regional board approval, receive reimbursement for actual expenses not to exceed the per diem allowed legislative members of interim study committees of the General Assembly and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier.
37-2-5.1. (a) Each regional board shall be served by an executive director, who shall be duly qualified and appointed by the director of the division, with the approval of the regional board. The executive director shall serve as the director of the regional mental health, mental retardation, and substance abuse planning unit, which shall be a unit of the division and shall be governed by the regional board. The executive director shall serve at the pleasure of the division director. An executive director may be appointed to serve the regional board only with such board's approval. At any time during the tenure of the executive director, the regional board may for good cause vote to request the removal of the executive director. Should such a vote for removal be taken and be approved by a majority of the full board membership, the board shall submit its request to the director of the division who shall in turn comply with the request of the board. The director of the division shall be authorized to appoint for a period not to exceed 12 months an interim executive director at any time that the position of executive director is vacant and prior to the appointment of a duly qualified and approved successor.
(b) The executive director of the regional board may appoint such other staff and personnel to work for the unit as that executive director and board deem necessary and appropriate. The executive director and such staff and personnel shall be employees of

WEDNESDAY, MARCH 17, 1993

2099

the division. Expenses for the regional board, the employment of the executive director, other staff and personnel, and the operation of the unit office shall be charged against the funding allocated to the regional board for planning and service delivery within the established region. The department and the division may impose limits on the administrative and operating expenditures of the regional board and the unit.
(c) (1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. After July j^ 1995, all funds associated with services to clients residing within a given region shall be allocated through the appropriate regional board; 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division shall establish a minimum funding amount for regional boards conditioned upon the amount of funds appropriated and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. The minimum
funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the
cost and level of service needs within each region. (2) The division shall establish guidelines to ensure that funding is allocated to
community service boards and local services based on client population, past and
future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division shall ensure that funds are allocated based primarily on services to clients and in compliance with
all federal, state, and regulatory requirements. (3) The division, in compliance with the provisions of the appropriations Act and
other applicable laws, is authorized to move funds to and between community and
institutional programs based on need, and the division shall ensure that the regional boards develop appropriate allocation and accounting mechanisms to move funds in
a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization. 37-2-5.2. (a) Each regional board shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, and appropriate advisory and advocacy groups, an annual plan and mechanism for the funding and provision of all disability
services in the region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the
annual appropriations request. The division shall provide technical and professional expertise to the regional board upon request. Such plan may include, by way of illus-
tration without limitation, the following: (A) An estimate categorized by age group of the number of citizens residing in
the region who require disability services and an estimate of the range of services
needed for these citizens; (B) A description of all facilities and programs, both public and private, which
are available or which should be developed to provide adequate disability services in the area;
(C) An analysis of the regional availability of professional and other staff personnel trained in providing disability services and, if necessary, a proposal for
recruitment and retention; (D) A list of all ppublic and private providers currently providing or available to
provide disability services in the region; (E) A description in order of priority of all proposed programs and disability
services to be provided in the region, and the funds associated with the provision of these services, which description shall specifically address the interrelationship of programs and services and the mechanisms for ensuring effective client transition
between and among such programs and services; (F) A comprehensive plan for regular meetings, consultations, and coordinated
planning efforts with and among all service providers, such as community programs,

2100

JOURNAL OF THE HOUSE,

hospitals, and private contractors, and professionals in the region, which plan shall at a minimum address appropriate methods for sharing resources and expertise among service providers and professionals, mechanisms for resolving conflicts and resource allocation problems, and a process for ensuring ongoing dialogue among all providers regarding the most effective ways of meeting individual and community client needs;
(G) An analysis of the opportunities for coordination of disability services with other regional boards, agencies, and organizations as required in Code Section 37-2-9, which analysis shall include an overview of those specialized services and programs offered in other regions which may provide the most cost-effective means of meeting specific client needs and therefore would be utilized by a regional board which did not have such specialized services or programs;
(H) A statement of the anticipated administrative and operating budget for the regional board, the executive director, and the staff of the unit;
(I) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue; and
(J) A consumer satisfaction survey conducted during the previous year in a
manner consistent with policies established by the division; (2) To provide, as funds become available, for client assessment and service authorization and coordination for each client receiving services within the region or funded
by the regional board; (3) To exercise responsibility and authority within the region in all matters relat-
ing to the funding and delivery of disability services; provided, however, that with the exception of services authorized under paragraph (2) of this subsection the regional board may not engage in the direct delivery of goods or services to individual consum-
ers and is prohibited from providing on its own, without the use of an agent or agents, any direct disability services to consumers;
(4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to the mental health, mental retardation, substance abuse, and other disability services;
(5) To make contracts with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision
of disability services, and to make and enter into all contracts necessary or incidental to the performance of duties and functions of the regional board and the unit;
(6) To encourage the development, in cooperation with the division, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region;
(7) To submit annual reports to the division, the Governor's council, and such other agencies or individuals deemed appropriate, which reports shall evaluate the efficiency and effectiveness of disability services in the region;
(8) To serve as the representative of the citizens of the area in regard to disability services;
(9) To receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability
services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and
grievances with the appropriate hospital, community service board, or other private or public provider of service;
(10) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; and
(11) To visit regularly disability services facilities and grams which serve the region in order to evaluate the effectiveness and appropriateness of the facilities and programs in delivering services.
(b) In addition to its duties and functions, each regional board shall also have the following power and authority:
(1) To utilize the services of the Department of Administrative Services, the State Merit System for Personnel Administration, the state auditor, or any other agency of state, local, or federal government;

WEDNESDAY, MARCH 17, 1993

2101

(2) To participate with other regional boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities;
(3) To work cooperatively with all units of county and local government, including the county boards of health, within the region;
(4) To establish goals and objectives, not inconsistent with those established by the division and the development, for its region; and
(5) To participate in the establishment and operation of a data base and network, coordinated by the division, to serve as a comprehensive management information system for disability services and programs. (c) It is the express intent of this chapter to confer upon the regional board the flexibility and authority necessary to contract with a wide range of public and private providers to ensure that clients are afforded cost-effective, locally based, and quality disability services. Regional boards are specifically authorized to contract directly with any county governing authority, or any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. Such contracts may be made directly between the regional board and the contractor and shall not be required to go through the community service board. (d) The regional board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any such power, authority, duty, or function on behalf of the regional board. (e) Each regional board shall keep books of account reflecting all funds received, expended, and administered by the regional board which shall be independently audited, by an auditor approved by the Division, at least once in each fiscal year. The auditor's report shall be presented to the regional board, the division, and any other interested parties. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the department. Each regional board shall update its books of account on at least a quarterly basis and shall present the quarterly update to the division and any other interested parties. The division shall conduct a performance audit of each regional board at least once every three years. 37-2-6. Inatitutiona under the juriadiction and control ef the diviaion shall participate
vice regions ef the varioua inatitutiona. Sweh institutions shall develop and execute written EtFeements witft tne county tjodfus of neflitn top trie ppovision 'Of disflDility services te Community Mental Health, Mental Retardation, and Substance Abuse Service Areas. Seh agreements shall include reducing unncccsaary hoapitalization in state inatitutions &nu snciii estflDiisn Qdministffttion emu evftiuo.tion ciritepict find mettiocis iof achieving such reductions.
(a) There shall be created community mental health, mental retardation, and substance abuse service boards, in conformity with the areas established pursuant to the subsection (b) of Code Section 37-2-3, which shall govern publicly funded programs for the purpose of providing certain disability services not provided by other public or private providers under contract with the regional board. The programs shall be governed by the community service boards, which shall be established as public agencies.
(b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board. Membership on such community service board shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board;
(2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof;
(3) The appointment or appointments for each county shall be made by the county governing authority;

2102

JOURNAL OF THE HOUSE,

(4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance _ab_us_e;t provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services;
(5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the regional board for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and
(6) A member of the regional board may not also serve as a member of the community service board.
(c) In making appointments to the community service board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure
that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall consider suggestions from clinical professional associations as well as advocacy groups,
including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally 111, the Association for Retarded Citizens, the Mental Health Association of Georgia, the American Association
of Retired Persons, Georgians for Children, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates.
(d) Each county within the boundaries established for the community service board shall be required to participate with the board and the operation of the program
through the community service board. Each community mental health, mental retardation, and substance abuse service area in existence on June 30, 1994, shall automatically
be succeeded by the community service board for the same region as of July 1^ 1994, and each such community service board shall be governed, from and after July 1^ 1994, by this chapter. All contractual obligations, including but not limited to real estate
leases, rentals, and other property agreements, other duties, rights, and benefits of such service area, or the county board of health involved in administering programs in such
area, unless continued by the current service providers, shall automatically become duties, obligations, rights, and benefits of its respective successor community service board or other successor entity.
(e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section ifi
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division before July 1^ 1993, to
serve as the community service board and to continue providing disability services in that county after July 1, 1994. and the governing authority for that county adopts a
resolution stating its desire to continue the provision of disability services through its board of health after July 1 1994, and submits a copy of such resolution to the division before July lj 1993; or
(2) (A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division on July
15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that
area and to continue providing disability services after July 1^ 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and
(B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the

WEDNESDAY, MARCH 17, 1993

2103

provision of disability services through such lead county board of health after July lj 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed bjr January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January l^ 1997, or each year thereafter. (h) Each community service board shall be responsible for adopting bylaws and operational policies and guidelines in conformity with procedures established by the division and the regional board. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment. 37-2-6.1. (a) Each community service board shall be responsible for employing a program director, and other necessary staff, adopting an annual budget, and securing appropriate facilities, sites, and professionals necessary for the provision of disability services.
(b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law;
(2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions.
(3) Each community service board may acquire and dispose of real and personal
(4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government;
(5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits

2104

JOURNAL OF THE HOUSE,

to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through a contract with the State Personnel Board under the same conditions as provided for such benefits to state employees, and the State Personnel Board shall so contract for those benefits if requested;
(B) Life insurance coverage and coverage under federal old age and survivors' insurance programs;
(C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and boards; (7) Each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regulations of the state merit system; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining .to the delivery of disability services; (9) Each community service board may make contracts and establish fees for the provision of disability services; provided, however, that such contract and fees shall be in compliance with guidelines established by the division and the regional board; and (10) Each community service board may accept appropriations or loans of funds, facilities, equipment, and supplies from the local governmental entities within their program boundaries. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes.
37-2-6.2. (a) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of the division or a hospital thereof or of a regional board or a community service board on July 1^ 1994, which employees were eligible on June 30, 1994, for benefits under the Employees' Retirement System of Georgia and the State Merit System of Personnel Administration, whether in the classified or unclassified service, shall be deemed to be state employees and, if classified, members of the State Merit System of Personnel Administration. Each person thus deemed to be a state employee shall continue to be employed by the entity which is authorized or required on and after July lj 1994, to perform the duties or functions which were authorized or required to be performed by that employee as of June 30, 1994, whether such entity is the division, a hospital thereof, a regional board, or a community service board, unless such employee resigns, is transferred by the department, or is terminated. Any such transfer or termination shall comply with the applicable rules and procedures of the State Merit System of Personnel Administration. Any such termination from state employment of a classified employee shall not result from the anticipated or actual employment or utilization by:
(1) The department;
(2) A regional board;
(3) A community service board;
(4) A hospital; or

WEDNESDAY, MARCH 17, 1993

2105

(5) Any private provider of disability services

of any person who is not an employee of the state or a political subdivision thereof to

perform the duties and functions of such terminated state personnel unless such termi-

nation and utilization is the result of a reduction in appropriations for such duties or

functions or is the result of a reduction in force caused by any other state department

or agency which has ceased to contract with the department for the services which had

been provided by the terminated state personnel. While so employed to perform those

duties and functions for a community service board, those employees shall remain

employees of the state and shall continue to retain all of the employment benefits pro-

vided by the state although the department may delegate the control and supervision

of such employees to the community service board to which they are assigned. Those

employment benefits shall include without being limited to: health, dental, disability,

ani _ _in_su_r_ance options; retirement or pension benefits; federal old age and survivors'

_in_su_ra_n_ce_; _sic_k. annual, and holiday leave _an_d _co_verag der the state merit sy

This subsection is intended to maintain the status

and rights of

are the employees described in this subsection notwithstanding their subsequent per-

forming of duties and functions for a regional board or a community service board.

(b) On and after July 1^ 1994, personnel of a community service board, other than

those described in subsection (a) of this Code section, shall not be employees of the

state.

37-2-7. (a) The division shall formulate and publish biennially a state plan for dis-

ability services which shall take into account the area disability services plans submitted

by the county beards regional boards as required by Code Section 37-2-6 37-2-5.2. The

state disability services plan shall be comprehensive and shall include public and private

institutional and community services to the disabled. Services te be addressed the

state pte ahall include, by way of- illustration without limitation, the following: In devel-

oping the state plan, the division shall request input from the regional boards, the com-

munity service boards, hospitals, and other public and private providers. The plan shall

include an overview of current services and programs and shall also present information

on future program, service, educational, and training needs.

\"i/ vHitpftt16fit services wriicfi ftpe provided during dsy &nd eftpiy evening ftours

including diagnostic and evaluation services;

{2} Bay and other partial hoapitalization programs which afe structured treatment

services which provide alternatives te residential services and which include dctoxifica-

MeB centers, night er weekend earey ad ether appropriate services;

ability groups; \TT7 t\iQ9idcntifti services wnicn ftpc fiospit&i inpflticnt units, ?oup riomes, respite

4 riour tpe&trneiro ftfid cftpe idcilities TOP pfltients TOP wnom outpcttient or dfty tredt* ment services alone are et appropriate er feasible;
\7 .oncierfency services wfticn ftpc CHSIS mtcpverrtion progp&ms inetuding fiospitfti emergency rooms, walk -in services, 34 hew counseling, and crisis-visitation services;
{6) Consultation services te agencies, professionals), and ethers wne afe involved with disability services including health professionals, schools, courts, law enforcement ftencles* COPPCc11onfti find detention i&ciiities, ciepgyj nectitn &nd socifti service fl^en* eies; and ether appropriate individuals er agencies;
4Q Education services te publicize the availability ef- disability services and- te provide workshops ad ether forums fe* the promotion ef- health;
services TO mcre&se trie SKIIIS ot emp*oyees flnd voiunteePS m providg disability services;
^9) Required services fer preventing the onset er occurrence ef disabilities; ad v*v7 Ail otnep services wfticft nifty oc ftdcted to trie stflte pPO^PQrn upon detepminQ-

(b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services.

2106

JOURNAL OF THE HOUSE,

(c) The plan shall further set forth the proposed annual budget of the division and the regional boards taking into account all financial data supplied pursuant to paragraph {9} <rf subsection {b} ef ede Section 37-2-6 subparagraph (a)(l)(I) of Code Section 37-2-5.2.
(d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the hospital councils, and the afea councils the regional boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan.
(e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordinating services in accordance with Code Section 37-2-9.
o/~^~o. .I fie county DOftPus of licftitn ctno. tftc uivision sti6t.il ensure inftt trie stflte &nu area disability services are a part of a unified program emphasizing community baaed services. Reserved.
37-2-9. To the maximum extent possible, disability services provided by the division and county boards of health the regional boards, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.
37-2-9.1. (a) Each regional board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of the law.
(b) Each regional board, hospital, and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.
37-2-10. Notwithstanding any other provisions of law, the director, with the concurrence of the commissioner and the Governor, is authorized to establish and administer area and community disability services programs on an emergency basis in the event one or more county boards ef- health community service boards fail to assume responsibility for the establishment and implementation of an adequate program range of disability services.
37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division and the regional boards shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division.
(b) Fees generated, if any, by state employees assigned te disability services pro^fpftnfts opcrflteQ Dy county Doflpds of fie&itn sn&ii oe retftined Dy tine county DO&FUS of health hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional board, shall be reported to the regional board and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services. The regional boards with guidance from the division shall be responsible for developing procedures to properly account for the collection, remittance and reporting of generated fees. The regional boards shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community

WEDNESDAY, MARCH 17, 1993

2107

aervice board or the regional board; however, appropriate documentation and accounting entriea ahall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or reaources.
(c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay.
scpeening ppograni IR eacn county of trie state wnicn snail DC opepated oy eacn county feoapd of health and which shall constitute disability services within the meaning of this
guapdian of a cniid will i&e aDie to supply a urine specimen^ fop trie purposes of laoopa* topy screening of tnat specimen tor trie ppesenee of drugs ( or any sucn Cniid wnoift tnat parent OP guardian suspects of using OP expepimen11ng witn drugs. J. ne ppogpam snail atee include safeguards te enatwe the confidentiality ef the screening results se that enly the requesting parent er guardian may obtain those results frem the beard- ef- health andso tnat tne cniid wnose specimen is tested wiii not DC identiticd oy name? 1 ne program shall provide which clinical laboratories, including bat net limited te any such laboratory opepated Dy tne department OP a county Doapd of neaitnj may conduct sucn screening tests* A ne ppogpam snan aiso provide tor approppiate peterpals of sucn parents and guardians te public er private organizations for counseling concerning d*g ftbttaer This may include making available a liat ef local er nearby referral rcaourcca. Thia liat aheald include acute detoxification OP psycniatPic pesources, outpatlent resources( longer term inpatient ad away-from heme reaourcea, and self-help and ethr rcaourcca. ?% department snail also estauiisn a tee scneduie^ oascd on income^ tor tne tests provided pursu ant to tnis oode section^ wnicn scncduie 9nan i&e designed TO ensure tnat tne total tees
sucn ppogram so tnat additional puoiic runds wtii not oe Feoiuipeu to tinanee tne pro QTQ.Tfrj out no person snfl.ii DC denied services under tnis oode section DCcause of tnat
vide services tmder this Code section at ne charge er at a reduced charge as leng- a ne state runds ape pecjuiped tnepeiop. INotning tn tnis oode section snftii oe constpued to conflict with ay federal law er regulation applicable thereto.
{fe) Physicians ad other health eare providers th screening program established pursuant te this Code section whe provide th services nder th* program te nonpaticnt cniidpen wnose identities ore Known only to tneIP parents OP guapdians nave no iiaoiiity
enta er guardians, absent a showing ef greaa negligence er willful er wanton miaconduct by aeh physician er ether health eare provider.
(a) Venue for the purpose of any action against a regional board or community service board shall be the county in which the principal office of such regional board or community program board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the regional or community service board.
(b) In any legal proceeding, a regional board and the regional unit shall be considered a unit of the division and shall be afforded the assistance of legal counsel from the Attorney General.
(c) (1) The community service boards shall be public bodies, but shall not be considered agencies of the state, or any specific county or municipality. Such community service boards are public agencies in their own right and ahall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board.
(2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies. 37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from,

2108

JOURNAL OF THE HOUSE,

or subject to licensing, certification, or facility approval by, the Department of Human Resources or a county beard ef- health regional board shall be required to provide the department or the appropriate county beafd ef health regional board or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources or pursuant to the provisions of this title.
(b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department or any county beafd- of health regional board unless otherwise specifically authorized by law.
37-2-12. Nothing in this chapter shall be construed to require the designation of any service area er the appointment ef any council boundaries or the appointment of any board in a manner which conflicts with any federal law applicable thereto or regulations promulgated thereunder."
Section 17. Said chapter is further amended by striking subsection (c) of Code Section 37-2-34, relating to powers and duties of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, and inserting in its place a new subsection (c) to read as follows:
"(c) The commission shall complete its initial plan relating to reorganization of the service delivery system and make a report of its findings and recommendations including proposed legislation, if any, to the Governor and to the Board of Human Resources on or before December 1, 1992. The commission shall work with the Governor and the Board of Human Resources to monitor the implementation of organizational policies and programs it recommended in its initial report. In addition, the commission will consider any further statutory, organizational, budgetary, or operational changes which may be necessary and advisable to improve the state-wide mental health, mental retardation, and substance abuse system. The commission shall submit an annual update of its findings and recommendations to the Governor, the General Assembly, and the Board of Human Resources on December lj 1993, and December t, 1994. The commission shall stand abolished on December 31,1993 1994."
Section 17.1. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to hospitalization of mentally ill persons, is amended by striking paragraph (3) of Code Section 37-3-1, relating to definitions, and inserting in its place the following:
"(3) 'Community mental health center' means an organized program for the care and treatment of the mentally ill operated by a county beatd ef health er similar program recognized by a county beafd- ef health er the Department ef- Human Resources community service board or other appropriate public provider."
Section 17.2. Said chapter is further amended by striking paragraph (1) of Code Section 37-3-61, relating to court ordered evaluation, and inserting in its place the following:
"(1) Any person may file an application executed under oath with the county bea*d ef health community mental health center for a court ordered evaluation of a person located within that county who is alleged by such application to be a mentally ill person requiring involuntary treatment. Upon the filing of such application, the county befd ef health community mental health center shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and".
Section 17.3. Said chapter is further amended by striking Code Section 37-3-101, relating to transportation of patients generally, and inserting in its place the following:
"37-3-101. The governing authority of the county of the patient's residence shall arrange for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall,

WEDNESDAY, MARCH 17, 1993

2109

upon the request of the county board ef health community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county board of health community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."
Section 17.4. Chapter 4 of said Title 37, relating to habilitation of mentally retarded persons, is amended by striking subsection (b) of Code Section 37-4-40.4, relating to evaluation for temporary care, and inserting in its place the following:
"(b) Within five days, Saturdays, Sundays, and holidays excluded, after a petition is filed authorizing the continued admission of a client under subsection (a) of this Code section, the staff of the facility in which the client is admitted and the representatives of the appropriate community mental retardation program operated by the county beafdef health in the client's community shall:
(1) Conduct a comprehensive evaluation of the client; (2) Jointly develop an individualized program plan for the client; and (3) File a copy of the evaluation and plan with the court petitioned for a hearing under paragraph (1) of subsection (a) of Code Section 37-4-40.3."
Section 17.5. Said chapter is further amended by striking Code Section 37-4-61, relating to transportation of clients generally, and inserting in its place the following:
"37-4-61. The governing authority of the county of the client's residence shall arrange for all required transportation of the client. The type of vehicle employed shall be determined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the county board ef health community mental retardation program, shall order the sheriff to transport the client in such manner as the client's condition demands. At any time th county board ef health such community mental retardation program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son."
Section 17.6. Chapter 6 of said Title 37, relating to day-care centers for the mentally retarded, is amended by striking Code Section 37-6-4, relating to grants-in-aid for purchase of day-care services, and inserting in its place the following:
"37-6-4. The department is authorized and empowered to make grants-in-aid to county boards of health i e*dr te enable the county beards to purchase care and training for mentally retarded individuals from privately operated, nonprofit day-care centers provided these mentally retarded individuals have been certified as eligible for financial assistance."
Section 17.7. Chapter 7 of said Title 37, relating to hospitalization of alcoholic and drug dependent persons, is amended by striking paragraph (6) of Code Section 37-7-1, relating to definitions, and inserting in its place the following:
"(6) 'Community mental health center' means an organized program for the care and treatment of alcoholics, drug dependent individuals, or drug abusers operated by a county board ef health er a similar such program recognized by a county beafd- ef health er the Department ef Human Resources and shall include ambulatory day detoxification centers, mcthadonc treatment centers, ad d*g counseling centers community service board or other appropriate public provider."
Section 17.8. Said chapter is further amended by striking paragraph (1) of Code Section 37-7-61, relating to petitions for court ordered evaluations, and inserting in its place the following:

2110

JOURNAL OF THE HOUSE,

"(1) Any person may file an application executed under oath with the county beafd ef health community mental health center for a court ordered evaluation of a person located within that county who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the county beatd of health community mental health center shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and".
Section 17.9. Said chapter is further amended by striking Code Section 37-7-101, relating to transportation of patients generally, and inserting in its place the following:
"37-7-101. The governing authority of the county of the patient's residence shall arrange for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the county bear ef health community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the county beard ef- health community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son."
Section 18. An Act creating a State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, approved April 13, 1992 (Ga. L. 1992, p. 1357), is amended by striking Section 3 thereof and inserting in its place a new section to read as follows:
"Section 3. This Act shall stand repealed on December 31, 4993 1994."
Section 18.1. Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the "Community Services Act for the Mentally Retarded."
Section 19. This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
Section 19.1. This Act shall stand repealed on June 30, 1999.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 13th moved that the House agree to the Senate substitute to HB 100.
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 Y Bargeron N Barnes Y Bates

Y Benefield Birdsong Bordeaux
Y Bostick N Breedlove N Brooks.D Y Brooks.T Y Brown
Buck

Y Buckner Bunn
Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell
Carter

N Cauthorn Y Chambless Y Chandler N Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T

Y Colwell Y Connell Y Cox N Crawford Y Crews Y Culbreth Y Cummings
Davis.G N Davis.M

WEDNESDAY, MARCH 17, 1993

2111

Y Dickinson YDix N Dixon.H Y Dixon.S Y 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
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 N Hughes Y Hugley N James N 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
N Lawson YLee Y Lewis YLord

N Lucas N Maddox E Mann Y Martin YMcBee Y McClinton
Y McKinney.B Y Milam Y Mills Y Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett
Parham N Parrish
Patten N Pelote Y Perry
N Pinholster NPoag Y Polak Y Porter

On the motion, the ayes were 136, nays 29.

The motion prevailed.

Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay Y Reaves N Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skandalakis Y Skipper N Smith.C N 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 Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts N Westmorland N White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

Representative Pinholster of the 15th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 Annotated, relating to ad valorem property tax litigation, so as to provide for interest on certain taxpayer refunds.

The following Senate substitute was read:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, so as to provide for procedures with respect to assessments and tax bills during the appeal process; to provide for interest on certain taxpayer refunds; to provide for limitations on interest accruing in the case of certain appeals; 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 valuation 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.

2112

JOURNAL OF THE HOUSE,

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 $150.00. 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 additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days."
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 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 $150.00. 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, but in no event shall such interest accrue for a period of more than 180 days."
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.

Representative Ladd of the 59th moved that the House agree to the Senate substitute to HB 303.
On the motion, the ayes were 108, nays 0.
The motion prevailed.

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".

The following Senate amendment was read:

Amend HB 149 by adding on line 28 of page 28 after the word "14-2-630," and before the word "Code" the following:
"and"
Amend HB 149 by striking on lines 28 and 29 of page 28 after the word "14-2-1332" and before the word "but" the following:

WEDNESDAY, MARCH 17, 1993

2113

", and Code Section 14-2-1407".

Representative Chambless of the 163rd moved that the House agree to the Senate amendment to HB 149.
On the motion, the ayes were 112, nays 0.
The motion prevailed.

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 following Senate amendment was read:

Amend HB 145 by striking lines 17 through 19 of page 12 and inserting in lieu thereof the following:
"and (13)' in the living will contained in subsection (b) and by striking from item 1 in the living will form contained in subsection (b) of Code Section 31-32-3, relating to execution of a living will, the following:
'( ) including hydration but not nourishment, or',
and inserting in lieu thereof the following:
'( ) including nourishment but not hydration, or'".
By striking line 20 of page 12 and inserting in lieu thereof the following:
"Section 32. Title 32 of the Official Code of Georgia Annotated is amended as follows:
(1) By striking Code Section 32-6-29, relating to the duty of the Department of Transportation to enforce Article 2 of Chapter 6 of said title and paragraph (15) of subsection (a) of Code Section 32-2-2 and enforcement officers, and inserting in lieu thereof a new Code Section 32-6-29 to read as follows: new Code Section 32-6-29 to read as follows:
'32-6-29. (a) It shall be the duty of the department to enforce this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2. To carry out this duty, the commissioner is authorized to appoint enforcement officers who shall have the power:
(1) To enforce all laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(2) To prevent and detect acts which constitute civil or criminal violations of the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(3) To arrest without warrant any person charged with criminal offenses appertaining to the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2; and

2114

JOURNAL OF THE HOUSE,

(4) To issue citations for civil damages to any person found violating the laws, rules, and regulations pertaining to the weights of motor vehicles, trailers, and loadsf

(b) The commissioner is authorized to appoint enforcement officers who shall have, in addition to any powers or duties created by any other law, the power:
{6} (1) To enforce all state laws and to arrest any person found to be violating any state law but only on the following properties owned or controlled by the department: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
{6) (2) To enforce Code Section 16-10-24, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties and to arrest any person found to be violating Code Section 16-10-24 in this regard;
f?) (3) To carry firearms issued or authorized by the department while in the performance of their duties but only if such enforcement officers have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act';
{&} (4) To direct and control traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
{9) (5) To enforce, on any public road which is part of the state highway system, Code Section 16-11-43 and to arrest any person found to be violating any provision of said Code section;
(6) To enforce, on any public road which is part of the state highway system, Code Section 16-7-43 and to arrest any person found to be violating any provision of said Code section;
(11) (7) To enforce, on any public road which is part of the state highway system, Code Section 16-7-24 and to arrest any person found to be violating any provision of said Code section; and
{43} (8) To enforce any state law when ordered to do so by the Governor or protect any life or property when the circumstances demand action.
{b} (c) These enforcement officers shall have the full authority of peace officers while in the performance of their duties. As used in this subsection, the term 'peace officer' means any person who by virtue of his or her office of public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.
{} (d) Each person designated by the commissioner as an enforcement officer shall take an oath before an officer duly authorized to administer oaths. For each such person, the department shall secure a bond of not less than $5,000.00 from a surety company licensed to transact business in this state. Such bond shall be conditioned upon the faithful performance of his or her duties and made payable to the commissioner and his or her successors in office."
Representative Thomas of the 100th moved that the House agree to the Senate amendment to HB 145.

WEDNESDAY, MARCH 17, 1993

2115

On the motion, the ayes were 112, nays 0. The motion prevailed.

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".

The following Senate amendment was read:

Amend HB 93 by striking the words "wheelchair" and "wheelchairs" wherever such words appear, except on line 3 of page 1 and line 2 of page 2, and inserting in lieu thereof, respectively, the words "assistive technology device" and "assistive technology devices".
By striking the word "motorized" wherever such word appears, except on line 3 of page 12 and line 1 of page 2.
By striking on line 3 of page 1 and line 2 of page 2 the words "Motorized Wheelchair" and inserting in lieu thereof the words "Assistive Technology".
By striking line 14 of page 1 and inserting in lieu thereof the following:
"assistive technology devices without full disclosure; to provide for the return or replacement of assistive technology devices recommended by the assistive technology device manufacturer or dealer if the device does not meet the needs of the person with a disability; to provide".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"(1) 'Assistive technology device' means any device or equipment with a retail cost to a consumer of $1,000.00 or more, that assists a person with disabilities to perform specific tasks such as moving, walking, standing, speaking, breathing, hearing, seeing, learning, working, sleeping, reaching, grasping, or caring for himself or herself that would not be possible for such person without an assistive technology device.
(2) 'Assistive technology device dealer' means a person who is in the business of selling assistive technology devices.
(3) 'Assistive technology device lessor' means a person who leases an assistive technology device to a consumer, or who holds the lessor's rights under a written lease.
(4) 'Collateral costs' means expenses".
By redesignating paragraphs (2), (3), (4), (5), and (6) on pages 2 and 3 as paragraphs (5), (6), (7), (8), and (9), respectively.
By striking lines 27 through 32 of page 3.
By striking lines 1 through 7 of page 4.
By striking on line 21 of page 6 the word "driven" and inserting in lieu thereof the word "used".
By striking lines 12, 13, and 14 of page 9 and inserting in lieu thereof the following:
"10-1-854. A manufacturer or assistive technology device dealer who recommends and sells an assistive technology device to a consumer shall accept a return of the assistive technology device within 30 days after the purchase if the assistive technology device does not meet the needs of the person with the disability. The manufacturer or

2116

JOURNAL OF THE HOUSE,

assistive technology dealer shall provide a refund in conformity with the provisions established within paragraph (2) of subsection (b) of Code Section 10-1-853.
10-1-855. (a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract".

Representative Ray of the 128th moved that the House agree to the Senate amendment to HB 93.
On the motion, the ayes were 97, nays 0.
The motion prevailed.

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.

The following Senate substitute was read:

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 where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception; to provide that telephonic conversations 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 provide 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 Georgia 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, recording, 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 intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(b) After obtaining the consent required by this subsection, the telephonic conversations 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

WEDNESDAY, MARCH 17, 1993

2117

to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone shall be given only by order of a judge of a superior court upon written application. Said recording shall not be used in any prosecution of the consenting 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. A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge that issued the order and such 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.

Representative Poston of the 3rd moved that the House agree to the Senate substitute to HB 47.
On the motion, the ayes were 108, nays 1.
The motion prevailed.

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 Senate amendment was read:

Amend HB 248 by striking line 14 of page 3 in its entirety and inserting the following:
"1, 1993, provided funds are appropriated, otherwise this Act shall become effective July 1, 1994."

Representative Stephenson of the 25th moved that the House agree to the Senate amendment to HB 248.
On the motion, the ayes were 101, nays 0.
The motion prevailed.

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 Senate substitute was read:

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

2118

JOURNAL OF THE HOUSE,

retirement allowance for certain members; to provide that certain persons shall be entitled to retire at age 55; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, is amended by inserting at the end thereof the following:
"47-2-111.(a) 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 Section 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 compensation; 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 death, projected retirement allowance computations shall be made on the basis of the member's highest total monthly earnable compensation, as reflected by monthly contributions made during the last 24 calendar months in which the member had made contributions, 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. (b) Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Department of Natural Resources as a conservation ranger; or by the Department of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigations Unit shall be eligible to retire at age 55 if he or she has the minimum number of years of creditable service provided in Code Section 47-2-110, and upon retirement such member shall be paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 without a change in compensation and with the same number of years' creditable service to which such member is entitled at the time of retirement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Cummings of the 27th moved that the House disagree to the Senate substitute to HB 750.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate insistence on its position in substituting the same:

WEDNESDAY, MARCH 17, 1993

2119

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.

Representative Godbee of the 145th moved that the House insist on its position in disagreeing to the Senate substitute to HB 300 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Godbee of the 145th, Purcell of the 147th and Taylor of the 134th.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate substitutes and amendments thereto:

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 Annotated, relating to enrollment counts, so as to change which courses may be counted.

The following Senate amendment was read:

Amend HB 718 by striking lines 1 through 3 of page 1 and inserting in their place the following:
"To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' so as to change the provisions relating to which courses may be counted for enrollment purposes; to change the provisions relating to duty-free lunch periods for teachers; to repeal".
By striking lines 6 through 8 of page 1 and inserting in their place the following:
"Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the 'Quality Basic Education Act,' is amended by striking subsection (a) of Code Section 20-2-160, relating to enrollment counts, and inserting the ".
By adding between lines 6 and 7 of page 3 the following:
"Section 1.1. Said article is further amended by striking subsection (b) of Code Section 20-2-218, relating to duty-free lunch, and inserting in its place the following:
'(b) Nothing in this Code section shall be construed to prevent any teacher from exchanging that teacher's lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent's

2120

JOURNAL OF THE HOUSE,

agent, including but not limited to the exchange of such duty-free lunch period for dutyfree time which results when a teacher's students are in art, music, or physical education classes during which that teacher has no duties, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.'"

Representative Powell of the 23rd moved that the House disagree to the Senate amendment to HB 718.
The motion prevailed.

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 following Senate substitute was read:

A RESOLUTION
Authorizing the leasing of certain real property owned by the State of Georgia in Richmond County, Georgia; authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, to the Board of Commissioners of Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of real property located in Richmond County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Richmond County, Georgia, lying in and being a part of the 86th GMD, containing approximately 26 acres more or less, according to a drawing entitled "Property to be leased to Master City Little League, Inc.," and marked in red on file with the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by lessee to the State Properties Commission for approval; and (3) Said property is under the custody of the Georgia Department of Human Resources; and (4) Said parcel is not being utilized by the Department of Human Resources and is therefore surplus to its needs; and (5) Master City Little League, Inc., is desirous of leasing the above-described state property for the purpose of establishing and maintaining a little league baseball program; and (6) Resolution Act 3, H.R. 295 enacted at the 1989 regular session of the General Assembly authorized the conveyance of a portion of the above-described property to the Richmond County Development Authority and the said conveyance has not been consummated; and
WHEREAS: (1) The State of Georgia is the owner of approximately ten acres of real property bounded by Phinizy Road, Louisville Road, and the right of way of the Georgia Florida Railroad located in Richmond County, Georgia; and (2) The custody of the subject state owned real property is vested in the Department of Human Resources; and (3) The said real property is all that tract of real property containing approximately ten acres as indicated on a drawing outlined in red in the offices of the State Properties

WEDNESDAY, MARCH 17, 1993

2121

Commission and shall be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and
(4) Richmond County is desirous of establishing a fire station and fire training facility on the above state property; and
(5) The said real property is no longer needed by the Department of Human Resources and is therefore surplus to its needs; and
(6) Richmond County is encouraged to convey to Master City Little League, Inc., an interest either by deed, lease, or otherwise in a certain two-acre tract of county owned property conveyed to Richmond County by the State of Georgia as authorized pursuant to a resolution (Res. Act No. 95, H.R. 966) authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, approved May 4, 1992 (Ga. L. 1992, p. 3075).
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the State of Georgia is the owner of the referenced hereinabovedescribed real property located in the 86th GMD and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove-described tract of land located in the 86th GMD to Master City Little League, Inc., for a period of 25 years commencing with the execution of the lease agreement.
Section 3. That the above-described property shall be used solely for public purposes.
Section 4. That the consideration for such lease shall be $650.00 per year and upon such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia.
Section 5. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration in excess of $650.00 per year is to be remitted to the State of Georgia.
Section 6. That the authorization in this article of this resolution to lease the abovedescribed property to Master City Little League, Inc., shall expire three years after the date that this article becomes effective.
Section 7. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.
Section 8. That the resolution (Resolution Act No. 3, H.R. No. 295) authorizing the conveyance of certain state owned real property located in Richmond County upon selection and identification by the Department of Human Resources, approved April 4, 1989 (Ga. L. 1989, p. 700), is repealed in its entirety.
ARTICLE 2
Section 9. That the State of Georgia is the owner of the above-described real property bounded by Phinizy Road, Louisville Road, and the right of way of the Georgia Florida Railroad and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
Section 10. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance of property to the Board of Commissioners of Richmond County.

2122

JOURNAL OF THE HOUSE,

Section 11. That the consideration for such conveyance shall be $650.00 so long as the property is used for public purposes and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
Section 12. That the conveyance considered in this article of this resolution shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Properties Commission describes the same conveyance area considered in this article.
Section 13. That the conveyance instrument authorized by this article of this resolution shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission.
Section 14. That the authorization in this article to convey the property as described in Section 9 to the Board of Commissioners of Richmond County shall expire three years after the date that this resolution becomes effective.
ARTICLE 3
Section 15. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Connell of the 115th moved that the House agree to the Senate substitute to HR 167.
On the motion, the ayes were 93, nays 0.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to 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 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 in contested cases shall be conducted as provided in Code Section 31-2-6, relating to actions or licenses regulated by the Department of Human Resources; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 17, 1993

2123

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 regulated by the Department of Human Resources, and inserting in lieu thereof the following:
"(1) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Actv' j except that:
(1) All hearings in contested cases involving any sanction provided for in this Code section shall be conducted by hearing officers employed or appointed by 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) Ne license, permit, ear certificate e* other similar ght shall be revoked ef sspcnd&d wiviioiit opponunity lor ricftpiu^ tts provided v& tnis oodc section, i icfiring stiut
cccding required by this title or the Constitution ef- 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 provided in this Code section, except for hearings governed under subsection (1) of Code Section 31-2-6."
Section 3. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, is amended by adding a new subsection to the end thereof to read as follows:
"(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Medical Assistance shall be conducted in the manner provided for in subsection (1) of Code Section 31-2-6, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources in its capacity as the state survey agency for the Georgia Medicaid program."
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.

Representative Randall of the 127th moved that the House agree to the Senate substitute to HB 322.
On the motion, the ayes were 93, nays 2.
The motion prevailed.

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 Annotated, relating to insurance rates, underwriting rules, and related organizations, 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 Senate substitute was read:

2124

JOURNAL OF THE HOUSE,

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 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; to provide for matters relative to such discounts; 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' compensation, 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 provide 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 applicability and construction; to provide for confidentiality of certain information; to provide for certification by the State Board of Workers' Compensation and fees relative thereto; 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:
"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 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 in writing of such certification.
(b) (1) The premium reduction provided by this Code section shall be in the initial amount of 5 percent and 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 of the premium reduction to the account of the insured until the final premium audit under such policy. The insured shall be eligible to receive the 5 percent premium reduction for a period of four years as long as the insured remains certified by the State Board of Workers' Compensation. After the expiration of the four-year period, the insured shall be eligible for an appropriate premium reduction as determined from the insured's experience rating or in the case of an insured not rated upon experience, as provided in paragraph (2) of this subsection. Certification by an insured shall be required for each year in which any premium reduction under this Code section is granted.
(2) With respect to an insured which is not rated upon experience, any premium reduction given an insured pursuant to this Code section after the initial four-year period provided in paragraph (1) of this subsection shall be determined by the Commissioner based upon data received from the rating and statistical organization designated by the Commissioner pursuant to this chapter. (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 and to cancellation in accordance with the 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 organization designated by the Commissioner pursuant to this chapter illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures

WEDNESDAY, MARCH 17, 1993

2125

reported pursuant to this subsection on the aggregate calls for experience must be net of the effects of such credits. The net standard premium will then be the basis of any premium adjustment. 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 necessary 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 materials, 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 principle 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 remuneration for an employer.
(6) 'Employee Assistance Program' means a program designed to assist in the identification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include consultation and training; professional, confidential, appropriate, and timely problem assessment 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 but shall not include the state or any department, agency, or instrumentality of the state; any county; any county or independent school system; any municipal corporation; or any employer which is self-insured for the purposes of this chapter.
(8) 'Initial test' means a sensitive, rapid, and reliable procedure to identify negative 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.

2126

JOURNAL OF THE HOUSE,

(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 substance abuse;
(B) Abnormal conduct or erratic behavior while at work or a significant deterioration 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 or contributed to 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. 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 standards 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:

WEDNESDAY, MARCH 17, 1993

2127

(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 testing 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 article; (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 confirmed test result may contest or explain the result to the employer within five working 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 beginning 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 employer'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: (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 program. 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 or contributed to an on the job injury which resulted in a loss of worktime, the employer must require the employee to submit to
a substance abuse test.

2128

JOURNAL OF THE HOUSE,

(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 performed in a manner which will reasonably preclude specimen contamination or adulteration; (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 as described in subsection (e) of this Code section; (5) A specimen for a test may be taken or collected by any of the following persons:
(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, the College of American Pathologists, or the Georgia Department of Human Resources; 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; (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 identification 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 determination that reasonable suspicion existed to warrant the testing. A copy of this documentation 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 or the College of American Pathologists;
(B) The laboratory has written procedures to ensure the chain of custody; and

WEDNESDAY, MARCH 17, 1993

2129

(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, conducted 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 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 Program. 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 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 semi-annual education program 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:

2130

JOURNAL OF THE HOUSE,

(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 evaluating 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 establishing 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 or federal law to conduct drug tests, or implement employee drug-testing programs; provided, however, only those programs that meet the criteria outlined in this article qualify for reduced workers' compensation insurance premiums under Code Section 33-9-40.2. (d) Nothing in this article shall be construed to prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by any statute, 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 or conduct 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, but may be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding when the information is relevant to the employer's defense in such civil or administrative proceeding and may be disclosed by the employer when consulting with legal counsel regarding such employer's defense in such civil or administrative proceeding. (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 consent 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;
(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 proceeding against the employee or job applicant. Information released contrary to this subsection shall be inadmissible as evidence in any such criminal proceeding.
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. The board shall be authorized to charge a fee for the certification of a drug-free workplace program in an amount which shall approximate the administrative costs to the board of such certification. Certification 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."

WEDNESDAY, MARCH 17, 1993

2131

Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smyre of the 136th moved that the House agree to the Senate substitute to HB 811.
On the motion, the ayes were 102, nays 3.
The motion prevailed.

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.

The following Senate substitute was read:

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; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, is amended by striking Code Section 44-12-231, relating to enforcement authority, and inserting in its place a new Code Section 44-12-231 to read as follows:
"44-12-231. (a) The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned.
(b) Properties due and owing under this Code section and not paid over to the commissioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for assessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1. The remedies specified in this subsection shall be in addition to all other remedies provided for in this article."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the 9th moved that the House disagree to the Senate substitute to HB 265.
The motion prevailed.

HR 197. By Representative Ashe of the 46th: A resolution creating the City of Atlanta Charter Review Commission.

2132

JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A RESOLUTION
Creating the City of Atlanta Charter Review Commission; and for other purposes.
WHEREAS, it has been 20 years since enactment of the current charter of the City of Atlanta; and
WHEREAS, there have been numerous amendments to this charter in the intervening period; and
WHEREAS, the city has experienced tremendous changes in this period, including shifts in population, increased demand for governmental services, and an erosion of the city's tax base; and

WHEREAS, a careful and considered review of the city's charter and the current and future needs of the citizens of the City of Atlanta is greatly needed.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the City of Atlanta Charter Review Commission to be composed of 27 members who shall be selected as follows: (1) The members of the House of Representatives elected from Districts 45 through 54, 56, 57, 67, 68, and 69 shall, by majority vote, elect six members of the commission, two of whom shall be selected from among their own number and four of whom shall be residents and qualified voters of the City of Atlanta but who shall not hold any other elected or appointed public office. It shall be the duty of the Speaker of the House of Representatives to call a meeting of the Representatives specified above for the purpose of electing members to the commission; (2) The members of the Senate elected from Districts 10, 35, 36, 38, 39, 40, 42, and 55 shall, by majority vote, elect six members of the commission, two of whom shall be from among their own number and four of whom shall be residents and qualified voters of the City of Atlanta but who shall not hold any other elected or appointed public office. It shall be the duty of the President of the Senate to call a meeting of the Senators specified above for the purpose of electing members to the commission; (3) The mayor of the City of Atlanta shall appoint four members of the commission, two of whom may be selected from among the elected officials of the City of Atlanta or from the House and Senate legislative delegation and the remainder of whom shall be residents and qualified voters of the City of Atlanta but who shall not hold any other elected or appointed public office; (4) The members of the Atlanta City Council shall, by majority vote, elect terr members of the commission, four of whom shall be from among their own number, one of the four being the President of the City Council or a designee, and six of whom shall be residents and qualified voters of the City of Atlanta, one of the six being a resident and qualified voter of that portion of the City of Atlanta located in DeKalb County, provided that none of the six shall hold any other elected or appointed public office; (5) The Board of Education of the City of Atlanta shall, by majority vote, elect to the commission two of their own and the Superintendent of the Atlanta City School System or a designee and two persons who shall be residents and qualified voters of the City of Atlanta and who shall have at least one child who is enrolled in the public schools of the City of Atlanta School District but who shall not hold any other elected or appointed public office.
Vacancies in the commission shall be filled in the same manner as original members were selected, by the original selecting authority.
BE IT FURTHER RESOLVED that all members of the commission shall be appointed not earlier than January 1, 1994. It shall be the duty of the mayor to call the organizational meeting of the commission which shall be held not later than April 1, 1994, at which time the commission shall, by majority vote, elect from its own membership a chair and such other officers as the commission deems desirable. The commission shall be authorized to adopt its own rules of procedure, including establishment of a quorum for the election of other officers and the transaction of business and adoption of bylaws, rules,

WEDNESDAY, MARCH 17, 1993

2133

and regulations and shall meet at such times and places as the commission chair determines.
BE IT FURTHER RESOLVED that the commission shall be authorized to study any matters relative to the government of the City of Atlanta and the charter of said city in order to determine the best method to govern the citizens of Atlanta and to deliver services to residents of said city effectively and efficiently.
BE IT FURTHER RESOLVED that all branches, agencies, and offices of the government of the City of Atlanta shall cooperate fully with and assist the commission in its efforts. To the extent possible, the commission shall utilize city office space, supplies, and equipment. The Office of the City Attorney shall provide any staff or other assistance required by the commission.
BE IT FURTHER RESOLVED that the commission shall hold a minimum of five public hearings in geographically diverse locations within the city for the purpose of receiving comments, suggestions, and criticism. The time and place of such meetings shall be published at least one week in advance in a newspaper of general circulation in Fulton County. The hearings shall be completed not later than October 15, 1995.
BE IT FURTHER RESOLVED that all members of the commission shall serve without compensation from public funds but may be reimbursed from public funds for expenses incurred by such members in carrying out their duties under this resolution.
BE IT FURTHER RESOLVED that the commission shall submit a report of its findings and recommendations and its proposals for specific revisions to the charter of the City of Atlanta to those members of the General Assembly whose Senatorial or Representative Districts lie wholly or partially within the City of Atlanta, to the Mayor and City Council, and to any other interested officials not later than December 1, 1995, on which date the commission shall stand abolished.

Representative Ashe of the 46th moved that the House agree to the Senate substitute to HR 197.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:

SB 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, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.

Representative Orrock of the 56th moved that the House insist on its position in amending SB 234.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

2134

JOURNAL OF THE HOUSE,

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.

Representative Wall of the 82nd moved that the House adhere to its position in substituting SB 298 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Representatives Dix of the 76th, Coleman of the 80th and Crews of the 78th.

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 29 Do Pass, by Substitute SB 335 Do Pass, by Substitute SB 162 Do Pass
Respectfully submitted, hi Coleman of the 142nd
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 273 Do Pass, by Substitute
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

WEDNESDAY, MARCH 17, 1993

2135

SB 287 Do Pass, by Substitute

Respectfully submitted, /s/ Watson of the 139th
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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 148 Do Pass, as Amended SB 196 Do Pass, as Amended
Respectfully submitted, 1st Thomas of the 100th
Chairman

Pursuant to SR 327, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 22, 1993.

2136

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, March 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 Bailey Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks,D Brooks.T Buck Buckner Bunn Burkhalter
Byrd
Campbell
Canty
Cad'sle
C,1" 11
P^f
rlC>hhn.aamnmdhbllleerss
Channel!
Childers
Clark
Coker

Coleman,B Coleman.T Colwell Connell Coi Crawford Crews Culbreth Cummings Davis,M Dickinson Dixon.H Dixon,S Dobbs Dover Ehrhart Epps Evans Felton
Floyd,J.M
Floyd,J.W
Godbee
Golden
Greene
Groover
HHaarmrim.s.oB_nd
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 Lakly
Lane.D
Lane.R
Lawrence
Lawson
Lee
Lewis
LL_ uocrdas
Maddox
Martin
McBee
McCUnton

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

Simpson Sinkfleld Skandalakis Skipper Smith.C Smith,L Smith,? Smith.V Smith.W Snow Stancil,F Stancil,S Stephenson Taylor Teper Tillman Titus Towery Trense
Twiggs
Vaughan
Walker
Watson
Watts
Westmoreland
WWt.,.hi,l,ih.taems,Bn
Williams,R
Yates
Yeargin
Murphy.Spkr

The following members were off the floor of the House when the roll was called:
Representatives Hanner of the 159th, Goodwin of the 79th, Ladd of the 59th, Stanley of the 50th, Stanley of the 49th, Brown of the 117th, Henson of the 65th, Baker of the 70th, Randall of the 127th, Street of the 167th, Ray of the 128th, Jones of the 71st, Turnquest of the 73rd, Thomas of the 100th, Smith of the 169th and Oliver of the 154th.
They wish to be recorded as present.

Prayer was offered by Dr. Y. Lynn Holmes, President, Brewton-Parker College, Mount Vernon, 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 22, 1993

2137

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 1134. By Representatives Porter of the 143rd, Jamieson of the 22nd and Orrock of the 56th:
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 restrictive covenants shall not control, regulate, or restrict the installation of antennae by certain amateur radio operators.
Referred to the Committee on Judiciary.

HB 1135. By Representatives Smith of the 109th and Colwell of the 7th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Board of Registration for Land Surveyors and to provide for the registration and regulation of land surveyors by such board; to delete the provisions of Chapter 15 of such title relating to land surveyors; to provide for the State Board of Registration for Professional Engineers.
Referred to the Committee on Industry.

HB 1136. By Representative Dixon of the 150th:
A bill to amend Code Section 52-2-10 of the Official Code of Georgia Annotated, relating to applicability of traffic laws to roads within the Georgia Ports Authority's jurisdiction, so as to provide that police officials of the ports authority shall be authorized to issue citations to illegally parked vehicles in specified areas within the grounds of the ports authority.
Referred to the Committee on State Institutions & Property.

HB 1137. By Representative Pelote of the 149th:
A bill to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to provide that such board shall be responsible for personnel actions relating to the staff of the Department of Technical and Adult Education.
Referred to the Committee on Education.

2138

JOURNAL OF THE HOUSE,

HB 1138. By Representative Byrd of the 170th:
A bill to amend an Act creating the board of commissioners of Appling County, so as to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1139. By Representative Byrd of the 170th:
A bill to amend an Act to change the composition and method of election of the Board of Education of Appling County, so as to provide new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1140. By Representative Harris of the 112th:
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 for purposes of ad valorem taxation, mobile homes shall not be classified as a separate and distinct class of tangible property.
Referred to the Committee on Ways & Means.
HB 1141. By Representative Cummings of the 27th:
A bill to amend Code Section 47-10-3, relating to definitions relative to the Trial Judges and Solicitors Retirement Fund, so as to provide that judges of the magistrate courts shall be members of such retirement fund.
Referred to the Committee on Retirement.
HB 1142. By Representatives Culbreth of the 132nd, Brooks of the 103rd and Hugley of the 133rd:
A bill to amend Code Section 33-24-44.1 of the Official Code of Georgia Annotated, relating to the procedure for the cancellation of an insurance policy by an insured, so as to provide that an insurer, upon receiving a written request from an insured for cancellation of a policy, the insurer may waive the future date requirement by confirming the date and time of cancellation in writing to the insured.
Referred to the Committee on Insurance.

HB 1143. By Representative Burkhalter of the 41st:
A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "Development Authorities Law," so as to provide for conditions for the acquisition or construction of projects by county development authorities within the corporate limits of municipalities.
Referred to the Committee on Industry.

HB 1144. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse.
Referred to the Committee on Retirement.

MONDAY, MARCH 22, 1993

2139

HB 1145. By Representative Skipper of the 137th:
A bill to amend Code Section 36-82-61 of the Official Code of Georgia Annotated, relating to definitions relative to revenue bonds, so as to provide for the issuance of revenue bonds for the purpose of construction of telecommunications systems.
Referred to the Committee on Appropriations.

HB 1146. 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 election of members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1147. By Representative Skipper of the 137th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the state sales and use tax, so as to provide for an exemption with respect to tangible personal property furnished by certain governmental entities to persons who contract to perform certain services regarding public works projects for such entities.
Referred to the Committee on Ways & Means.

HB 1148. By Representatives Dixon of the 168th and Smith of the 175th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to authorize the Attorney General to establish a bad check diversion program.
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 committees:

HB 1149. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, Lee of the 94th and Walker of the 141st:
A bill to amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to limit certain appropriations to that board.
Referred to the Committee on University System of Georgia.

HB 1150. By Representatives Watts of the 26th, Ray of the 128th and Poag of the 6th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to provide for the regulation of the practice of denturitry.
Referred to the Committee on Health & Ecology.

2140

JOURNAL OF THE HOUSE,

HB 1151. By Representatives Colwell of the 7th, Twiggs of the 8th, Parham of the 122nd, Murphy of the 18th, Coleman of the 142nd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the Board of Motor Vehicles, the Department of Motor Vehicles, and the commissioner of motor vehicles; to provide for the duties, responsibilities, functions, powers, and authority of the board, the department, and the commissioner.
Referred to the Committee on Motor Vehicles.

HR 555. By Representatives Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, Lee of the 94th and Walker of the 141st:
A resolution proposing an amendment to the Constitution so as to provide for limitations upon the use of appropriations to the board of regents to create or change the status of certain educational institutions.
Referred to the Committee on University System of Georgia.

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

HB 1125 HB 1126
HB 1127 HB 1128 HB 1129 HB 1130

HB 1131 HB 1132
HB 1133 SB 391 SB 392

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 20 Do Pass, by Substitute SB 99 Do Pass SB 312 Do Pass
Respectfully submitted, /s/ Childers of the 13th
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 27 Do Pass, by Substitute

MONDAY, MARCH 22, 1993

2141

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 499 Do Pass HR 501 Do Pass
Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1123 Do Pass HB 1124 Do Pass SB 379 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, MARCH 22, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
HR 463 Barber, Mrs. Janette McGarity; place portrait in capitol
SB 7 Bicycle safety; amend provisions SB 76 Supreme Court; certain judgments; last 15 days of term SB 89 State government; certain employee complaints; provisions SB 139 Local Tax Amnesty Program Act; enact SB 163 DUI; chemical test; arresting officer SB 165 Torts; dental students; liability SB 171 Principal and agent; conditional power of attorney; clarification SB 189 Fiduciaries; authority to renounce interest in property SB 201 Housing authorities; investments; bonds SB 214 Elections; recall petition; review provisions

2142

JOURNAL OF THE HOUSE,

SB 222 Tobacco products; possession by minor; under age 18 SB 244 Evidence; certain records; reproductions SB 252 Prisoners; notification to victim of change in status SB 256 Lost/destroyed will; presumption of revocability; applicability SB 269 Custody disputes; temporary award; discretion of court SB 279 Police chiefs; training requirements; increase hours SB 295 Principal and sales rep; out-of-state office SB 306 Conservation ranger; retain weapon & badge after 25 years SB 316 QBE; school evaluation; "high-achieving school" standards SB 346 Financial institutions; affiliate transfers; trust powers
SR 11 Olympics; urge committees to seek advice of green industry SR 208 Cobb County; grant easement
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 Bills of the House and Senate were taken up for consideration and read the third time:

HB 1123.

By Representatives Johnson of the 148th, Johnson of the 153rd, Mueller of the 152nd, Dixon of the 150th and Bordeaux of the 151st:
A bill to amend an Act to dissolve the Savannah-Chatham County Anti-Drug Commission; to repeal the Savannah-Chatham County Anti-Drug Commission Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1124. 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.

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 379. 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; to provide for an executive director and the powers and duties of such executive director.

MONDAY, MARCH 22, 1993

2143

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

Representative Kaye of the 37th arose to a point of personal privilege and addressed 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 of the House:

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.

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.

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.

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 education districts from which members of the board of education are elected.

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.

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.

HB 985. By Representative Crawford of the 129th: A bill to create the Pike County Arts Facility Authority.

2144

JOURNAL OF THE HOUSE,

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.

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.

HB 991. 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 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.

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.

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.

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.

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 compensation 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.

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 authority from seven to nine.

MONDAY, MARCH 22, 1993

2145

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 Commissioners of Dooly County shall be elected.

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 Education of Dooly County, so as to provide new education districts for the election of members of the board.

HB 1022.

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 provide that any superior court judge currently serving in such circuit and any additional superior court judge appointed hereafter shall receive such local salary supplement.

HB 1049. By Representatives Floyd of the 172nd, Mosley of the 171st, Oliver of the 154th and Tillman of the 173rd:
A bill to provide a board of elections for Liberty County.

HB 1051. By Representative Pinholster of the 15th:
A bill to amend an Act providing for a new charter for the City of Nelson, so as to provide for reincorporation of the City of Nelson.

HB 1052. By Representative Pinholster of the 15th:
A bill to amend an Act providing a new charter for the City of Jasper in the County of Pickens, so as to extend the corporate boundaries.

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.

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.

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.

2146

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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 Annotated, relating to covenants running with the land and related matters, so as to repeal the requirement that, in order to continue such covenants, an attorney must search the land records and verify the landowners affected.

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 services 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.

HB 704. By Representatives Lewis of the 14th, Poag of the 6th, Walker of the 141st, Childers 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.

MONDAY, MARCH 22, 1993

2147

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.

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.
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 confinement, so as to provide that a person in lawful custody of any penal institution 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.
HB 885. By Representative Groover of the 125th:
A bill to amend Code Section 12-3-522 of the Official Code of Georgia Annotated, relating to creation of the Georgia Music Hall of Fame Authority, so as to change provisions relating to compensation of members of the authority.

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

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 Management.
The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate:

SB 9. By Senators Hill of the 4th, Hooks of the 14th, Henson of the 55th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, so as to provide for legislative intent; to define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled content; to require the use of retreaded tires.

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 Annotated, 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 certain other remedies; to provide for comprehensive procedures.

2148

JOURNAL OF THE HOUSE,

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 Annotated, relating to occupational therapists, so as to change which persons must be licensed under that chapter and change qualifications for and exceptions from licensing.

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 definitions; to provide for the creation of the authority; to provide for the membership 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.

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 Relationships 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 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.

SB 343. By Senator Coleman of the 1st:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition; to require permits from the Department of Transportation for bus shelters on state or federal aid primary roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for orders; to remove shelters in violation.

SR 156. By Senators Oliver of the 42nd, Edge of the 28th, Robinson of the 16th and others:
A resolution creating the Ellis G. Arnall Tribute Commission.

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.

MONDAY, MARCH 22, 1993

2149

SR 232. By Senators Taylor of the 12th, Ragan of the llth and Turner of the 8th: A resolution designating the Chattahoochee Valley Trail Scenic Highway.

SR 233. By Senators Thompson of the 33rd, Clay of the 37th, Ragan of the 32nd and others:
A resolution authorizing the conveyance of certain state owned real property located in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; to provide an effective date.

SR 234. By Senator Robinson of the 16th:
A resolution designating the Medal of Honor Highway for Freeman V. Horner.
The Senate has agreed to the House amendments to the following Bills and Resolution of the Senate:

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 advertisement of bids; to provide an effective date.
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 provisions 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 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 Annotated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys in third-party settlements.
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.
SR 158. By Senator Thompson of the 33rd:
A resolution designating the Lucius D. Clay Memorial Parkway.

The Senate has adopted the reports of the Committees of Conference on the following Bills of the Senate and House:

2150

JOURNAL OF THE HOUSE,

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.

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 Senate recedes from its amendment to the following Bill of the House:

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.

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

HR 499. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending the Westover High School basketball team on winning the Class AAA state championship and inviting the members of the team and their coaches to appear before the House of Representatives.

HR 501. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution recognizing the City of Albany as the "City of Champions" and urging the Georgia High School Athletic Association to hold future basketball tournaments there.

HR 442. By Representatives Teague of the 58th, Brooks of the 54th, McKinney of the 51st, Sinkfield of the 57th and Canty of the 52nd:
A resolution commending Mrs. Ethel Francis Stanley and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 522. By Representative Murphy of the 18th: A resolution commending the Haralson County Chamber of Commerce.

HR 523. By Representative Pelote of the 149th: A resolution commending Mr. David L. Campbell.

MONDAY, MARCH 22, 1993

2151

HR 524. By Representative Ehrhart of the 36th: A resolution celebrating the birth of Jackson Bradley Schultz.

HR 525. By Representative Ehrhart of the 36th:
A resolution commending and recognizing Mr. Maurice J. "Buddy" Towery for his many contributions to Georgia's graphic arts, printing, and advertising industries.

HR 526. By Representatives Royal of the 164th and Greene of the 158th: A resolution commending Hugh Inman.

HR 527. By Representative Brown of the 117th: A resolution recognizing and commending William Cherry, Jr.

HR 528. By Representative Brown of the 117th: A resolution recognizing and commending James Moss.

HR 529. By Representative Chandler of the 99th: A resolution recognizing and commending Coach Jimmy Johnson.

HR 530. By Representative Chandler of the 99th: A resolution recognizing and commending Coach Vernon Wilkes.

HR 531. By Representative Sherrill of the 62nd: A resolution commending and recognizing the Hawthorne Civic Association.

HR 532. By Representative Sherrill of the 62nd: A resolution commending and recognizing Ms. Lynn Cullen.

HR 533. By Representative Sherrill of the 62nd:
A resolution commending and recognizing the Dresden Elementary School Chorus.

HR 534. By Representatives Cox of the 160th and Greene of the 158th: A resolution commending the City of Blakely.

HR 535. By Representatives Kaye of the 37th, Skandalakis of the 45th, Johnston of the 81st and Ashe of the 46th:
A resolution to express sympathy at the passing of Mr. Victor D. Maslia; and to recognize the life, legacy, and contributions of Mr. Victor D. Maslia.

HR 536. By Representatives Reaves of the 178th and Titus of the 180th:
A resolution commending and recognizing Mr. Ed. Tolbert and the National Livestock Grading and Marketing Association.

2152

JOURNAL OF THE HOUSE,

HR 537. By Representative Williams of the 114th:
A resolution commending Marcus Ramon Brooks on achieving the rank of Eagle Scout.

HR 538. By Representative White of the 161st:
A resolution commending the Georgia State Association of the Improved Benevolent Protective Order of Elks of the World (Elks).

HR 540. By Representative Bargeron of the 120th:
A resolution honoring the golden anniversary of the National Federation of Independent Business.

HR 542. By Representative Martin of the 47th:
A resolution commending and recognizing John D. (Dave) Humphreys on the occasion of his retirement.

HR 543. By Representatives Brown of the 117th, Turnquest of the 73rd, Hart of the 116th, Howard of the 118th, Stanley of the 50th and others:
A resolution recognizing LaFace Records.

HR 544. By Representatives Johnson of the 153rd, Pelote of the 149th, Dixon of the 150th, Bordeaux of the 151st and Mueller of the 152nd:
A resolution commending and recognizing Mr. Tony Cope.

HR 545. By Representatives Bordeaux of the 151st, Pelote of the 149th, Dixon of the 150th and Johnson of the 153rd:
A resolution commending Tom Barton.

HR 546. By Representatives Lane of the 55th and Baker of the 70th: A resolution commending Miss Madison Emily Cantrell.

HR 547. By Representative Carrell of the 87th: A resolution commending the Walton County Volunteer Fire Department.

HR 548. By Representative Carrell of the 87th: A resolution commending the Monroe Volunteer Fire Department.

HR 549. By Representative Carrell of the 87th: A resolution commending the Monroe Police Department.

HR 550. By Representative Carrell of the 87th: A resolution commending the Monroe Water, Light, and Gas Commission.

HR 551. By Representative Carrell of the 87th: A resolution commending the Walton County Sheriffs Department.

MONDAY, MARCH 22, 1993

2153

HR 552. By Representative Purcell of the 147th:
A resolution commending and recognizing Mr. Noel Conaway of Faulkville, Georgia, Effingham County.

HR 553. By Representatives Powell of the 23rd and Colwell of the 7th:
A resolution recognizing the contributions of Bobby Joe Whitworth and urging the Department of Corrections to rename the Hart County Probation Detention Center as the "Bobby Joe Whitworth Probation Detention Center".

HR 554. By Representatives Coker of the 31st, Vaughan of the 34th, Clark of the 40th, Kaye of the 37th, Ehrhart of the 36th and others:
A resolution commending and recognizing Ms. Joy Jones.

HR 556. By Representative Powell of the 23rd: A resolution expressing regret at the passing of Dr. Elias Saliba.

HR 557. By Representative Powell of the 23rd: A resolution recognizing and commending Sheriff Joe E. Foster.

HR 558. By Representative Powell of the 23rd: A resolution recognizing and commending Honorable Geraldine Bailey.

HR 559. By Representative Powell of the 23rd: A resolution recognizing and commending Bonnie Bailey.

HR 560. By Representative Powell of the 23rd:
A resolution recognizing and commending the Hart County High School Lady Bulldogs basketball team.

HR 561. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Buckner of the 95th and Johnson of the 97th:
A resolution commending Terri Foster.

HR 562. By Representatives Buckner of the 95th, Bailey of the 93rd, Benefield of the 96th and Lee of the 94th:
A resolution commending Dr. Harry Sims Downs.

HR 565. By Representative Lawson of the 20th:
A resolution commending and recognizing the 1992 Gainesville High School girls basketball team.

HR 566. By Representatives Childers of the 13th, Watts of the 26th, Smith of the 12th, Perry of the llth, Murphy of the 18th and others:
A resolution commending Forrest L. McKelvey.

2154

JOURNAL OF THE HOUSE,

HR 567. By Representatives Dixon of the 150th, Johnson of the 153rd and Mueller of the 152nd:
A resolution declaring April 19, 1993, as "Johnny Mercer Day" in Georgia.

HR 568. By Representative Turnquest of the 73rd: A resolution recognizing John Marshall Law School.

HR 569. By Representatives Atkins of the 29th, Coker of the 31st, Towery of the 30th, Klein of'the 39th and Kaye of the 37th:
A resolution commending and recognizing Mr. William H. "Bill" Venema of Cobb County.

HR 570. By Representatives Hammond of the 32nd, Barnes of the 33rd, Coker of the 31st, Vaughan of the 34th, Klein of the 39th and others:
A resolution commending Mr. H. B. "Bard" Allison.

HR 571. By Representatives Atkins of the 29th, Klein of the 39th, Coker of the 31st, Hammond of the 32nd and Barnes of the 33rd:
A resolution commending Patricia Tarver Young on her retirement from state government.

HR 572. By Representative Williams of the 63rd:
A resolution expressing regret at the passing of Mrs. Margaret Greene Ponder.

HR 573. By Representative Mobley of the 86th:
A resolution commending the Winder-Barrow High School girls basketball team.

HR 574. By Representative Dixon of the 168th: A resolution recognizing the Waycross Woman's Club.

HR 575. By Representative Powell of the 23rd: A resolution commending Herman Poole Ayers.

HR 576. By Representative Powell of the 23rd: A resolution commending John O. McCurley.

HR 577. By Representative Coleman of the 80th: A resolution commending Fred Chastain.

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

MONDAY, MARCH 22, 1993

2155

HR 539. By Representative Lawson of the 20th:
A resolution amending the Rules of the House of Representatives so as to provide that if the members of the House whose districts are wholly or partially located within a political subdivision and whose House districts include not less than a majority of the population of such political subdivision shall file with the chairman of the Committee on State Planning and Community Affairs their own rules as to the number of Representatives who must sign proposed legislation affecting that political subdivision.

HR 578. By Representatives Powell of the 23rd and Harris of the 112th: A resolution commending the Sons of Confederate Veterans.

By unanimous consent, all Bills and Resolutions requiring further action by the Senate were ordered immediately transmitted to the Senate.

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

SR 208. By Senators Clay of the 37th and Thompson of the 33rd:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as 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 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 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
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johngon,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 Y Maddox E Mann
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 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
Ray Y Reaves Y Reichert
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
Smith.T Y Smith,V
Smith.W Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley.L

2156

JOURNAL OF THE HOUSE,

Y Stanley,? Y Stephenson
Streat YTaylor E 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
White

Y Williams.B Y Williams,R Y Yates 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.

SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to evaluation of schools, so as to change the standards for designation as "high-achieving schools".

The following Committee substitute was read and adopted:

A BILL
To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to change certain requirements for assessments for graduation purposes; to change the standards for the exemption from certain evaluations; to provide for "exempt school" designations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, is amended by adding at the end of Code Section 20-2-281, relating to the assessments of the effectiveness of educational programs, the following:
"(e) The curriculum-based assessment to be administered in grade 11 for graduation purposes pursuant to this Code section shall be field tested for no less than two years and shall have a preestablished scoring system which identifies passing scores for each battery on the test and for the graduation test in its entirety. This scoring system shall be approved by the State Board of Education prior to administration of the graduation test and shall not be changed without full disclosure of such changes to each of the local boards of education and the General Assembly. The test shall not be administered to students in grade 11 for graduation purposes prior to spring, 1995."
Section 2. Said part is further amended by striking subsection (e.l) of Code Section 20-2-282, relating to evaluation of schools, and inserting in its place the following:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 26 30 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated 'high'achieving exempt schools.' Schools designated as highachieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(C), or (a)(l)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school." Schools and school districts which have had a standards review within the last four years will continue on the five-year cycle as mandated by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 22, 1993

2157

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
Y Barnes Y Bates
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 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 YDobbs Y Dover
Y Ehrhart YEpps Y Evans Y Felton Y 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 Y Lakly YLane.D YLane,R Y 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
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 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
Smith.T Y Smith,V Y Smith.W
Smyre Y Snow Y Stancil.F
Y StancilS Y Stanley.L Y Stanley,? Y Stephenson
Streat Y Taylor E Teague Y Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense
Turnquest Y 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, by substitute, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Lawson of the 20th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 definitions; to provide for powers, duties, and authority of local officials with respect to such local amnesty program; to provide for waiver of local tax penalties and criminal prosecution; to provide an effective date.

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 for a property tax amnesty program; to provide for legislative

2158

JOURNAL OF THE HOUSE,

findings, declarations, and intent; to provide for definitions; to provide for powers, duties, and authority of local officials with respect to such property tax amnesty program; to provide for waiver of property tax penalties and criminal prosecution; to provide for the publicizing of the property tax amnesty program; to impose collection fees; to establish an amnesty account; to correct certain internal references; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Chapter 16, relating to tax amnesty, and inserting in its place a new Chapter 16 to read as follows:
"CHAPTER 16 ARTICLE 1
48-16-1. The General Assembly finds and declares that a public purpose is served by the waiver of tax penalties and criminal prosecution in return for the immediate reporting and payment of previously underreported, unreported, or unpaid tax liabilities. The General Assembly further finds and declares that the benefits gained through this program; includej among other things, increased collection of certain currently owed taxes, permanently bringing into the tax system taxpayers who have been evading payment of taxes and providing an opportunity for taxpayers to satisfy tax obligations before stepped-up tax enforcement programs take effect. It is the intention of the General Assembly in enacting this chapter article that the tax amnesty program provided under this article be a one-time occurrence which shall not be repeated in the future because taxpayers' expectations of any future amnesty programs could have a counterproductive effect on compliance under this chapter article.
48-16-2. This chapter article shall be known and may be cited as the 'Tax Amnesty Program Act.'
48-16-3. As used in this chapter article, the term: (1) 'Accounts receivable' means an amount of state tax, penalty, or interest which
has been recorded as due and entered in the account records or any ledger maintained in the department, or which a taxpayer should reasonably expect to become due as a direct or indirect result of any pending or completed audit or investigation, which a taxpayer knows is being conducted by any federal, state, or local taxing authority.
(2) 'Final, due, and owing' means an assessment which has become final and is owed to the state due to either the expiration of the taxpayer's appeal rights or, in the case of an assessment which has been appealed, either pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' or pursuant to Code Section 48-2-59, the rendition of the final order by the commissioner or by any court of this state. Assessments that have been appealed shall be final, due, and owing 15 days after the last unappealed or unappealable order sustaining the assessment or any part thereof has become final. Assessments that have not been appealed shall be final, due, and owing 30 days after service of notice of assessment pursuant to Code Section 48-2-45.
(3) 'Taxpayer' means any individual, partnership, joint venture, association, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any tax set forth in this title or any person required to collect any such tax under this title. 48-16-4. (a) The commissioner shall develop and administer a one-time tax amnesty program as provided in this chapter article. The commissioner shall, upon the voluntary return and remission of taxes and interest owed by any taxpayer, waive all penalties that are assessed or subject to being assessed for outstanding liabilities for taxable periods ending or transactions occurring on or before December 31, 1990. The commissioner shall provide by regulation as necessary for the administration of this amnesty program and shall further provide for necessary forms for the filing of amnesty applications and returns.

MONDAY, MARCH 22, 1993

2159

(b) Notwithstanding the provisions of any other law to the contrary, the tax amnesty program shall begin by October 31, 1992, and shall be completed no later than December 31, 1992, and shall apply to all taxpayers owing taxes, penalties, or interest administered by the commissioner under the provisions of this title, except that the tax amnesty shall not apply to any property tax levied or administered by the commissioner pursuant to Chapters 5 and 6 of this title. The program shall apply to tax liabilities for taxable periods ending or transactions occurring on or before December 31, 1990. Amnesty tax return forms shall be in a form prescribed by the commissioner.
48-16-5. (a) The provisions of this chapter article shall apply to any eligible taxpayer who files an application for amnesty within the time prescribed by the commissioner and does the following:
(1) Files such returns as may be required by the commissioner for all years or tax reporting periods as stated on the application for which returns have not previously been filed and files such returns as may be required by the commissioner for all years or tax reporting periods for which returns were filed but the tax liability was underreported;
(2) Pays in full the taxes due for the periods and taxes applied for at the time the application or amnesty tax returns are filed within the amnesty period and pays with the taxes the amount of interest due and pays the amount of any additional tax and interest owed as may be determined by the commissioner within 30 days of notification by the commissioner; and
(3) The commissioner may, in his the commissioner's discretion, impose by regulation, the further condition that, in addition to the requirements set forth in paragraphs (1) and (2) of this subsection, the requirement that any eligible taxpayer also pay in full within the amnesty period all taxes previously assessed by the commissioner that are final, due, and owing at the time the application or amnesty tax returns are filed and pays with the taxes the amount of interest due and pays within 30 days of notification by the commissioner the amount of any additional interest owed. (b) An eligible taxpayer may participate in the amnesty program whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is included in a proposed assessment or an assessment, bill, notice, or demand for payment issued by the commissioner, and without regard to whether the amount due is subject to a pending administrative or judicial proceeding. An eligible taxpayer may participate in the amnesty program to the extent of the uncontested portion of any assessed liability. However, participation in the program shall be conditioned upon the taxpayer's agreement that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the application or amnesty return.
(c) The commissioner may enter into an installment payment agreement in cases of severe hardship in lieu of the complete payment required under subsection (a) of this
Code section. In such cases, 25 percent of the amount due shall be paid with the application or amnesty return with the balance to be paid in monthly installments not less than 25 percent of the original amount nor to exceed three months following the expira-
tion of the amnesty period. Failure of the taxpayer to make timely payments shall void
the terms of the amnesty program. All such agreements and payments shall include interest due and accruing during the installment agreement.
(d) If, following the termination of the tax amnesty period, the commissioner issues a deficiency assessment based upon information independent of that shown on a return
filed pursuant to subsection (a) of this Code section, the commissioner shall have the authority to impose penalties and criminal action may be brought where authorized by
law only with respect to the difference between the amount shown on the amnesty tax return and the correct amount of tax due. The imposition of penalties or criminal action
shall not invalidate any waiver granted under Code Section 48-16-6. 48-16-6. (a) Amnesty shall be granted for any taxpayer who meets the requirements
of Code Section 48-16-5 in accordance with the following:

2160

JOURNAL OF THE HOUSE,

(1) For taxes which are owed as a result of the nonreporting or underreporting of tax liabilities or the nonpayment of any accounts receivable owed by an eligible taxpayer, the state shall waive criminal prosecution and all civil penalties which may be assessed under any provision of this title for the taxable years or periods for which tax amnesty is requested; and
(2) With the exception of instances in which the taxpayer and commissioner enter into an installment payment agreement authorized under subsection (c) of Code Section 48-16-5, the failure to pay all taxes and interest as shown on the taxpayer's amnesty tax return shall invalidate any amnesty granted pursuant to this chapter article. (b) This chapter article shall not apply to any taxpayer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political subdivision thereof or the United States, nor shall this chapter article apply to any taxpayer who is the subject of any criminal litigation which is pending on the date of the taxpayer's application in any court of this state or the United States for nonpayment, delinquency, evasion, or fraud in relation to any federal taxes or to any of the taxes to which this amnesty program is applicable. (c) No refund or credit shall be granted for any interest or penalty paid prior to the time the taxpayer requests amnesty pursuant to Code Section 48-16-5. (d) Unless the commissioner in his the commissioner's own discretion redetermines the amount of taxes and interest due, no refund or credit shall be granted for any taxes or interest paid under the amnesty program. 48-16-7. (a) All installment agreements authorized under subsection (c) of Code Section 48-16-5 shall bear interest on the outstanding amount of tax due during the installment period at the rate prescribed under Code Section 48-2-40.
(b) Notwithstanding the provisions of this title, if any overpayment of tax under this chapter article is refunded or credited within 180 days after the return is filed, no interest shall be allowed.
48-16-8. The commissioner shall promulgate administrative regulations as necessary, issue forms and instructions, and take all actions necessary to implement the provisions of this chapter article. The commissioner shall publicize the tax amnesty program in order to maximize the public awareness of and participation in the program. The commissioner may, for the purpose of publicizing the tax amnesty program, contract with any advertising agency within or outside this state.
48-16-9. For purposes of accounting for the revenues received pursuant to this chaptef article, the commissioner shall maintain an accounting and reporting of funds collected under the amnesty program. All funds collected shall be remitted to the general fund of the state treasury.
48-16-10. (a) In addition to all other penalties provided under this chapter article or any other law, the commissioner may by regulation impose after the expiration of the tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxable period ending or transactions occurring after December 31, 1990. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud.
(b) In addition to all other penalties provided under this chapter article or any other law, the commissioner may pursuant to regulation impose after the expiration of the tax amnesty period a cost of collection fee of 50 percent of any deficiency assessed after the amnesty period for taxable periods ending or transactions occurring on or before December 31, 1990, regardless of when due. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud.
(c) The provisions of subsections (a) and (b) of this Code section shall not apply to any account which has been protested pursuant to Code Section 48-2-46 as of the expiration of the amnesty period and which does not become final, due, and owing, or to

MONDAY, MARCH 22, 1993

2161

any account on which the taxpayer is remitting timely payments under a payment agreement negotiated with the commissioner prior to or during the amnesty period.
(d) The fee levied under subsections (a) and (b) of this Code section shall not apply to taxes paid pursuant to the terms of the amnesty program.
48-16-11. The commissioner may, for the purpose of collecting any delinquent taxes due from a taxpayer, contract with any debt collection agency or attorney doing business within or outside this state for the collection of such delinquent taxes, including penalties and interest thereon.
48-16-12. (a) As used in this Code section, the term 'return' means and includes any return, declaration, or form prescribed by the commissioner with respect to the taxes covered by the amnesty program.
(b) In addition to all other penalties provided under this chapter article and any other law, any person who willfully fails to make a return or willfully makes a false return or conspires to do so, or who willfully fails to pay taxes owing, withheld, or collected, with intent to evade payment of the tax owed or the amount withheld or collected, or any part thereof, or who conspires to do so shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than three years or by a fine of not more than $5,000.00, or both.
(c) Any person who fails to obey a subpoena or order of the commissioner issued pursuant to Code Section 48-2-8 for purposes of enforcing this article shall be guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined not less than $25.00 and not more than $100.00 or imprisoned in the county jail for not more than three months, or both. For any subsequent offense such person shall, upon conviction thereof, be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or both.
ARTICLE 2
48-16-30. The General Assembly finds and declares that a public purpose is served by the waiver of tax penalties and criminal prosecution in return for the immediate reporting and payment of previously underreturned, unreturned, or unpaid state and local ad valorem tax liabilities. The General Assembly further finds and declares that the benefits gained through this program include, among other things, increased collection of certain currently owed state and local ad valorem taxes, permanently bringing into the state and local tax system taxpayers who have been evading payment of local taxes and providing an opportunity for taxpayers to satisfy state and local ad valorem tax obligations before stepped-up local tax enforcement programs take effect. It is the intention of the General Assembly in enacting this article that the property tax amnesty program provided under this article be a one-time occurrence which shall not be repeated in the future because taxpayers' expectations of any future property tax amnesty programs could have a counterproductive effect on compliance under this article.
48-16-31. This article shall be known and may be cited as the 'Property Tax Amnesty Program Act.'
48-16-32. As used in this article, the term: (1) 'Ad valorem tax' or 'property tax' means any state or local ad valorem tax
levied by any taxing jurisdiction. (2) 'Delinquent taxes' means an amount of ad valorem property tax, penalty, or
interest which has been recorded as due and entered in the account records or any ledger maintained in the office of the local collection official, or which a taxpayer should reasonably expect to become due as a direct or indirect result of any pending or completed audit or assessment, which a taxpayer knows is being conducted by any state or local assessing authority.
(3) 'Final, due, and owing' means an assessment and ad valorem tax amount which has become final and is owed to the taxing jurisdiction due to either the expiration of the taxpayer's appeal rights or the rendition of a final determination of assessed value based upon an appeal.

2162

JOURNAL OF THE HOUSE,

(4) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(5) 'Local collection official' means that local official responsible for the collection of ad valorem taxes.
(6) 'Taxing jurisdiction' means the state or any district within which a county or municipality, a county, independent, or area school system, or a consolidated citycounty government or other political subdivision of the state exercises the power to levy or causes to be levied any ad valorem taxes to carry out its purposes.
(7) 'Taxpayer' means any individual, partnership, joint venture, association, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or any other entity of any kind subject to any ad valorem tax. 48-16-33. (a) Upon the adoption of a resolution or ordinance by the governing authority of a taxing jurisdiction, the local collection official shall be authorized to develop and administer a one-time property tax amnesty program as provided in this article. Such governing authority shall be authorized to waive, in whole or in part, all penalties or interest or both with respect to outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1992. The terms and conditions of such waiver shall be specified in the resolution or ordinance and may include a delegation of authority to the local collecting official of the authority to make such waiver, in whole or in part, on a case-by-case basis. The local collection official shall, upon the voluntary filing of a return to the official responsible for the receiving of property tax returns and the remission of ad valorem taxes owed by any taxpayer, if required, waive all penalties and interest that are assessed or subject to being assessed for outstanding ad valorem tax liabilities for all tax years ending or transactions occurring on or before December 31, 1992. The local tax commissioner shall provide by local regulation as necessary for the administration of this property tax amnesty program and shall further provide for necessary forms for the filing of property tax amnesty applications and returns.
(b) Any property tax amnesty program conducted under the authority of this article shall begin bjr October 31, 1993, and shall be completed no later than December 31, 1993, and shall apply to all taxpayers owing ad valorem taxes, penalties, or interest. The program shall apply to outstanding ad valorem tax liabilities for all tax years ending on or before December 31, 1992. Property tax amnesty tax return forms shall be in a form prescribed by the local collection official.
48-16-34. (a) The provisions of this article shall apply to any eligible taxpayer who files an application for property tax amnesty within the time prescribed by the local collection authority and does the following:
(1) Files such returns as may be required by the local collection official responsible for receiving returns for all tax years as stated on the application for which returns have not previously been filed and files such returns as may be required by the local collection official responsible for receiving returns for all tax years for which returns were filed but on which the value of the taxpayer's property was understated;
(2) Pays in full the ad valorem taxes and, if required, pays in full the interest due, for the periods applied for at the time of the application and pays the amount of any additional ad valorem tax and, if required, interest owed, as may be determined from any additional returns by the local collection official within 30 days of notification by the local collection official; and
(3) The local governing authority may by local resolution or ordinance impose the further condition that, in addition to the requirements set forth in paragraphs (1) and (2) of this subsection, the requirement that any eligible taxpayer also pay in full within the property tax amnesty period all ad valorem taxes and, if required, penalties and interest previously levied and assessed that are final, due, and owing at the time the application or property tax amnesty tax returns are filed.
(b) An eligible taxpayer may participate in the property tax amnesty program whether or not the taxpayer is under audit, notwithstanding the fact that the amount due is based upon a proposed assessment or an assessment and without regard to whether the amount due is subject to a pending administrative or judicial proceeding.

MONDAY, MARCH 22, 1993

2163

An eligible taxpayer may participate in the property tax amnesty program to the extent of the uncontested portion of any assessed ad valorem tax liability. However, participation in the program shall be conditioned upon the taxpayer's agreement that the right to protest or initiate an administrative or judicial proceeding or to claim any refund of moneys paid under the program is barred with respect to the amounts paid with the application or property tax amnesty return.
(c) The local collection official may enter into an installment payment agreement in cases of severe hardship in lieu of the complete payment required under subsection (a) of this Code section. In such cases, 25 percent of the amount due shall be paid with the application or property tax amnesty return with the balance to be paid in monthly installments not less than 25 percent of the original amount nor to exceed three months following the expiration of the property tax amnesty period. Failure of the taxpayer to make timely payments shall void the terms of the property tax amnesty program. All such agreements and payments shall, if required, include interest due and accruing during the installment agreement.
(d) If, following the termination of the property tax amnesty period, additional taxes are determined to be due from the taxpayer based upon information independent of that shown on a return filed pursuant to subsection (a) of this Code section, the local collection official shall have the authority to impose penalties only with respect to the difference between the amount shown on the property tax amnesty tax return and the correct amount of tax due. The imposition of penalties shall not invalidate any waiver granted under Code Section 48-16-35.
48-16-35. (a) Property tax amnesty shall be granted for any taxpayer who meets the requirements of Code Section 48-16-34 in accordance with the following:
(1) For ad valorem taxes which are owed as a result of the nonreturning or underreturning of any ad valorem tax liabilities or the nonpayment of any delinquent ad valorem taxes owed by an eligible taxpayer, the governing authority shall waive criminal prosecution and all civil penalties which may be assessed under any provision of law for the taxable years or periods for which property tax amnesty is requested; and
(2) With the exception of instances in which the taxpayer and local collection official enter into an installment payment agreement authorized under subsection (c) of Code Section 48-16-34, the failure to pay all taxes and, if required, interest as shown on the taxpayer's property tax amnesty tax return shall invalidate any property tax amnesty granted pursuant to this article.
(b) This article shall not apply to any taxpayer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political subdivision thereof, nor shall this article apply to any taxpayer who is the subject of any criminal litigation which is pending on the date of the taxpayer's application in any court of this state for nonpayment, delinquency, evasion, or fraud in relation to any of the ad valorem taxes to which this property tax amnesty program is applicable.
(c) No refund or credit shall be granted for any interest or penalty paid prior to the time the taxpayer requests amnesty pursuant to Code Section 48-16-34.
(d) Unless the local collection official in the discretion of such local collection official redetermines the amount of taxes and interest due, no refund or credit shall be granted for any taxes or interest paid under the property tax amnesty program.
48-16-36. (a) All installment agreements authorized under subsection (c) of Code Section 48-16-34 shall, if required, bear interest on the outstanding amount of tax due during the installment period at the rate prescribed under Code Section 48-2-40.
(b) Notwithstanding any other provisions of this title, if any overpayment of ad valorem tax under this article is refunded or credited within 180 days after the return is filed, no interest shall be allowed.
48-16-37. The local governing authority shall adopt by ordinance or resolution local administrative procedures as necessary, provide for the issuance of forms and instructions, and take all actions necessary to implement the provisions of this article. The local governing authority shall publicize the property tax amnesty program in order to maximize the public awareness of and participation in the program. The local governing

2164

JOURNAL OF THE HOUSE,

authority may, for the purpose of publicizing the property tax amnest;

__ _co_n-

tract with any advertising agency within or outside this state.

48-16-38. For purposes of accounting for the revenues received pursuant to this arti-

cle, the local collection official shall maintain an accounting and reporting of funds col-

lected under the property tax amnesty program.

4_8_-1_6_-3_9.__(_a)__I_n a_d_d_it_io_n t_o a_ll ot_he_r p_e_na_l__ provided under this article or any

other law, the local governing authority may by ordinance or resolution impose after the

expiration of the property tax amnesty period a cost of collection fee of 50 percent of

any deficiency levied after the property tax amnesty period for taxable periods ending

on or before December 31, 1992, regardless of when due. This fee shall be ill addition

to all other applicable penalties, fees, or costs. The local collection official shall have the

right to waive any collection fee when it is demonstrated that any deficiency of the tax-

payer was not due to negligence, intentional disregard of local ordinances or resolutions,

or fraud.

(b) The provisions of subsection (a) of this Code section shall not apply to any

account which is under appeal as of the expiration of the property tax amnesty period

and which does not become final, due, and owing, or to any account on which the tax-

payer is remitting timely payments under a payment agreement negotiated with the

local collection official prior to or during the property tax amnesty period.

(c) The fee levied under subsection (a) of this Code section shall not apply to taxes

paid pursuant to the terms of the property tax amnesty program.

48-16-40. The local collection official may, for the purpose of collecting any delin-

quent ad valorem taxes due from a taxpayer, contract with any debt collection agency

or attorney doing business within or outside this state for the collection of such delin-

quent ad valorem taxes, including penalties and interest thereon."

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

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

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to SB 139 as follows:
By striking from line 11 page 8 "20" and inserting "10"
By striking from line 24 page 8 "50" and inserting "20"
By striking from line 15 page 17 "50" and inserting "20".

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
Baker Y 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 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 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 YDobbs

MONDAY, MARCH 22, 1993

2165

Y Dover Y Ehrhart Y Epps Y Evans Y Felton
FloydJ.M Y Floyd,J.W YGodbee Y Golden Y Goodwin YGreene Y Groover Y Hammond Y 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 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 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

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
Y Porter Y Poston Y Powell

Y Purcell Randall
Y Randolph Y 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,?
Smith.T Y Smith,V Y Smith.W Y Smyre
Y Snow Y Stancil.F Y Stancil.S

Y Stanley.L Y Stanley,?
Stephenson Y Streat Y Taylor E Teague Y Teper
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
Y Yates Y Yeargin
Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Thomas of the 100th 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 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.

The following Committee substitute was read:

A BILL
To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change the provisions relating to smoking in public places; to authorize smoking in certain designated areas; to provide exceptions to the prohibition against smoking in public places; to preempt local jurisdictions from imposing any regulation relating to use, distribution, or promotion of tobacco products which is more restrictive than this Act; to provide exceptions to such preemption; to regulate the sale or distribution to or possession by minors of tobacco products; to change the provisions relating to the sale of cigarettes, tobacco products, or tobacco related objects in vending machines; to change the definition of "minor"; to change a certain penalty; to restrict locations for vending machines; to restrict the distribution of tobacco product samples and to restrict locations where free samples may be distributed; to provide for penalties; to provide for enforcement, remedies, and defenses; to provide for inspections by law enforcement agencies; to provide for a report to be submitted to the secretary of the United States Department of Health and Human Services; to amend Code

2166

JOURNAL OF THE HOUSE,

Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, so as to require registration of cigarette vending machines; to provide that such registration shall include the location of such machines; 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 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking in its entirety Code Section 16-12-2, relating to the offense of smoking in public places, and inserting in lieu thereof a new Code Section 16-12-2 to read as follows:
"16-12-2. (a) A person who smokes tobacco in any form in any of the following public places shall be guilty of a misdemeanor:
(1) An enclosed elevator which is used by or open to the public and which is clearly designated by a no-smoking sign;
(2) Any place on a public transportation vehicle which is used by the public and which is clearly designated by a no-smoking sign; or
(3) Any area which is used by or open to the public and which is clearly designated by a no-smoking sign. (b) Smoking shall be prohibited in all public places and places of employment in the State of Georgia, except in designated smoking areas that may be provided in such public places and places of employment and as otherwise provided in this Code section. (c) This Cede section shall be cumulative te aad- shfttt not prohibit the enactment tiny otiicF ^cnerfli ftttd locdi iciws, pules fltict PCU1fttions OT stflte of locsi
As used in this Code section, the term: (1) 'Designated smoking area': (A) In a restaurant, means an area of contiguous seating where smoking is permitted and which: Is situated so existing barriers and existing ventilation systems are used to minimize tobacco smoke; (ii) Is marked by appropriate signs; (iii) Does not include service lines or cashier areas; and (iv) Is proportionate in size to the number of customers normally requesting a smoking area; (B) In a place of employment, means an area where smoking is permitted and which: (i) Is not frequented by the public; (ii) Is not a nonsmoker's immediate work area; and (iii) Is no more than 50 percent of the available space in an employee lounge or cafeteria; and (C) In a public place, means an area where smoking is permitted and designated by the owner, operator, or manager thereof which is not an area where smoking is already prohibited by fire marshal regulation and which: |i)__Is a designated area of a lobby; or (ii) Includes designated rooms or areas of a public place. (2) 'Place of employment' means any enclosed area under the control of a public
or private employer which employees frequent during the course of employment, including, but not limited to, work areas, restrooms, employee lounges, cafeterias and snack bars, conference and meeting rooms, lobbies, and reception areas. A private residence is not a 'place of employment' unless it is used as a child care facility or a health care facility. The dining area of a restaurant shall not be treated as a 'place of employment' under this Code section.
(3) 'Public place' means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, restaurants, stores, waiting rooms, lobbies, elevators, public transit, public transportation facilities, restrooms, enclosed shopping malls, educational, recreational, and health care facilities, child care facilities, auditoriums, theaters, arenas, bowling alleys, bingo parlors, and meeting

MONDAY, MARCH 22, 1993

2167

rooms. Food courts within enclosed shopping malls shall be treated as restaurants under this Code section. A private residence is not a 'public place' unless it is used as a child care facility or health care facility. (d) The regulation of smoking pursuant to this Code section shall not apply in the following areas:
(1) Bars; (2) Banquet or meeting rooms when these rooms are being used for private functions; and (3) Seating areas in outdoor restaurants, stadiums, arenas, or other outdoor areas where events are held. (e) No designated smoking area shall be permitted in any health care or child care facility. (f) Nothing in this Code section shall preclude the proprietor or person in charge of a public place or workplace to prohibit smoking in its entirety or to allow smoking in accordance with this Code section. (g) Except as otherwise provided in this Code section, no state agency, county, municipality, or other political subdivision or agency jurisdiction may impose any requirement or regulation relating to the use, distribution, or promotion of tobacco products which is more restrictive than the provisions of this Code section, except with respect to such use of tobacco products upon property owned or leased by such agency, department, instrumentality, or political subdivision. (h) Any local rules or ordinances in effect prior to February 1^ 1993, will be exempt from the provisions of this Code section. In the event that the local rule or ordinance is amended, suspended, rescinded, or rendered, in whole or in part, ineffective by a court decision, the exemption provided in this subsection shall not apply and provisions of this Code section shall apply. W (i) A person convicted of violating subsection 4a) of this Code section shall be punished by a fine of not less than $10.00 nor more than $100.00."
Section 2. Said chapter is further amended in Code Section 16-12-170, relating to definitions, by striking in its entirety paragraph (3) and inserting a new paragraph to read as follows:
"(3) 'Minor' means any person who is under the age of W 18 years."
Section 3. Said chapter is further amended by striking paragraphs (2) and (3) of subsection (a) of Code Section 16-12-171, relating to prohibited acts, and inserting in their places new paragraphs to read as follows:
"(2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettesz tobacco products, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes2 tobacco products, or tobacco related objects are sold is 47- 18 years of age or older.
(3) Any person who violates this subsection shall be guilty of a misdemeanort p*evidcd, however, for a f-wst offenae the sentence shall be suspended."
Section 4. Said chapter is further amended by striking subsection (a) of Code Section 16-12-172, relating to signs in businesses selling cigarettes, and inserting in its place a new subsection to read as follows:
"(a) Any person owning or operating a place of business in which cigaretteSj tobacco products, or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER 47- 18 YEARS OF AGE IS PROHIBITED BY LAW.' Such sign shall be printed in letters of at least one-half inch in height."
Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-12-173, relating to sales from vending machines, and inserting in its

2168

JOURNAL OF THE HOUSE,

place a new subsection and by adding a new subsection, to be designated subsection (e), so that subsections (a) and (e) read as follows:
"(a) Any person who maintains in such person's place of business a vending machine which dispenses cigarettesz tobacco products, or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement:
'THE PURCHASE OF CIGARETTES; TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER W 18 YEARS OF AGE IS PROHIBITED BY LAW.'" "(e) (1) The sale or offering for sale of cigarettes or tobacco related objects from vending machines shall not be permitted except:
(A) In locations which are not readily accessible to minors, including but not limited to:
(i) Factories, businesses, offices, and other places which are not open to the general public;
(ii) Places open to the general public which do not admit minors; and (iii) Places where alcoholic beverages are offered for sale; (B) In areas which are in the immediate vicinity, plain view, and control ef- a employee under the continuous supervision of the proprietor of the establishment or an employee who will observe and control the purchase of cigarettes^ tobacco products, and tobacco related objects from the vending machine; and (C) In rest areas adjacent to roads and highways of the state. (2) Violation of this subsection shall be punished as provided in subsection (b) of this Code section for violation of subsection (a) of this Code section."
Section 6. Said chapter is further amended by adding two new Code sections at the end of Article 7, to be designated Code Sections 16-12-174 and 16-12-175, to read as follows:
"16-12-174. (a) As used in this Code section, the term 'tobacco product sample" means a tobacco product distributed to members of the general public at no cost for purposes of promoting the product.
(b) It shall be unlawful for any person to distribute any tobacco product sample to any person under the age of 18 years.
(c) A person distributing tobacco product samples shall require proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that such prospective recipient may be under the age of 18 years.
(d) It shall be unlawful for any person who has not attained the age of 18 years to receive or attempt to receive any tobacco product sample.
(e) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 500 feet of any school or playground when those facilities are being used primarily by persons under the age of 18 years.
(f) Violation of this Code section shall be punished as a misdemeanor. 16-12-175. (a) The provisions of this article, inclusive, shall be enforced through actions brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred. Any fine collected for a violation of said provision shall be paid to the clerk of the court of the jurisdiction in which the violation occurred. Upon receipt of a fine for any violation of said provision, the clerk shall promptly notify the Department of Public Safety of the violation. (b) The Department of Public Safety, acting through the sheriffs of the several counties and chiefs of police of the several cities shall annually conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with this article. Persons under the age of 18 years may be enlisted by such sheriffs or chiefs of police, or employees thereof, to test compliance with this article; provided, however, that such persons may be used to test compliance with said article only if the testing is conducted under the direct supervision of said sheriffs or chiefs of police, or employees thereof, and written parental consent has been provided. Any other use of persons under the age of 18 years to test compliance with this article or any other prohibition of like or similar import shall be unlawful and the person or

MONDAY, MARCH 22, 1993

2169

persons responsible for such use shall be subject to the penalties prescribed in this article. The Department of Public Safety shall prepare annually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by section 1926 of subpart I of part B of Title XIX of the federal Public Health Service Act, 42 U.S.C. 300x-26."
Section 7. Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The commissioner may make rules and regulations governing the sale of cigars and cigarettes and other tobacco products in vending machines. The commissioner ssay shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars and cigarettes and other tobacco products contained in the machine bear the tax stamp required under this chapter."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Joyce of the 1st moves to amend the Committee substitute to SB 222 as follows:
Page 10 line 7 remove word "shall", replace with word "may".

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

N Ashe Y Atkins
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
Y Bunn 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

Colwell
N Connell NCox N Crawford Y Crews N Culbreth N Cummings
Davis.G Y Davis.M N Dickinson YDix Y Dixon.H N Dixon,S N Dobbs N Dover Y Ehrhart N Epps Y Evans N 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 N Heard N Hegstrom N Hembree N Henson N Holland

N 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 N Johnson.J N Johnston N Jones Y Joyce YKaye Y Kinnamon
Y Klein NLadd N Lakly N Lane,D N Lane.R N Lawrence N Lawson NLee Y Lewis NLord N Lucas N Maddox E Mann N Martin N McBee N McClinton
McKinney.B N Milam Y Mills

N Mobley.B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal NOrrock N Padgett
Par ham N Parrish N Patten N Pelote N Perry
Pinholster YPoag N Polak
Y Porter Y Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N Reichert
Roberts N Royal N 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 Y Smith,V N Smith,W
N Smyre N Snow N Stancil,F Y Stancil,S N Stanley,L N Stanley,? N Stephenson N Streat N Taylor E Teague N Teper
N Thomas,C N Tillman N Titus Y Towery N Trense N Turnquest NTwiggs N Vaughan N Walker N Wall N Watson N Watts N Westmoreland N White N Williams,B Y Williams,R Y Yates N Yeargin
Murphy.Spkr

2170

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 26, nays 142. The amendment was lost.

Representative Vaughan of the 34th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representatives Bannister of the 77th and Williams of the 63rd move to amend the Committee substitute to SB 222 by striking in their entirety lines 1 through 28 on page 1 and inserting in lieu thereof the following:
"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; to provide for penalties; to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, so as to require registration of cigarette vending machines; to provide that such registration shall indicate the location of such machines; to provide for related matters; to repeal conflicting laws; and for other purposes."
By striking in their entirety pages 2 through 10 and inserting in lieu thereof the following:
"BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended in Code Section 16-12-170, relating to definitions, by striking in its entirety paragraph (3) and inserting a new paragraph to read as follows:
'(3) "Minor" means any person who is under the age of 1? 18 years.'
Section 2. Said article is further amended by striking paragraphs (2) and (3) of subsection (a) of Code Section 16-12-171, relating to prohibited acts, and inserting in their places new paragraphs to read as follows:
'(2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes or tobacco related objects are sold is VJ- 18 years of age or older.
(3) Any person who violates this subsection shall be guilty of a misdemeanor; ptevided, however, fe* a first offcnsc th acntcnec shall be ouapcndcd.'
Section 3. Said article is further amended by striking subsection (a) of Code Section 16-12-172, relating to signs in businesses selling cigarettes, and inserting in its place a new subsection to read as follows:
'(a) Any person owning or operating a place of business in which cigarettes or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
"SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER W 18 YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed in letters of at least one-half eh two inches in height.'

MONDAY, MARCH 22, 1993

2171

Section 4. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-12-173, relating to sales from vending machines, and inserting in its place a new subsection and by adding a new subsection, to be designated subsection (e), so that subsections (a) and (e) read as follows:
'(a) Any person who maintains in such person's place of business a vending machine which dispenses cigarettes or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement:
"THE PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER W 18 YEARS OF AGE IS PROHIBITED BY LAW."' '(e) (1) The sale or offering for sale of cigarettes or tobacco related objects from vending machines shall not be permitted except:
(A) In locations which are not readily accessible to minors, including but not limited to:
(i) Factories, businesses, offices, and other places which are not open to the general public;
(ii) Places open to the general public which do not admit minors; and (iii) Places where alcoholic beverages are offered for sale; (B) In areas which are in the immediate vicinity, plain view, and control of an employee who will observe and control purchase of cigarettes and tobacco related objects from the vending machine; and (C) In rest areas adjacent to roads and highways of the state. (2) Violation of this subsection shall be punished as provided in subsection (b) of this Code section for violation of subsection (a) of this Code section.'
Section 5. Said article is further amended by adding a new Code section, to be designated Code Section 16-12-174, to read as follows:
'16-12-174. (a) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 750 feet of any school or playground when those facilities are being used primarily by persons under the age of 18 years.
(b) Distribution of free cigarettes and tobacco related products is not prohibited in the following areas:
(1) Tobacco stores; (2) Conferences or conventions planned and designed for adults; and (3) Areas to which minors are denied admission. (c) Violation of subsection (a) of this Code section shall be punished as a misdemeanor.'
Section 6. Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, is amended by striking in its entirety subsection (d) and inserting in its place a new subsection to read as follows:
'(d) The commissioner may make rules and regulations governing the sale of cigars and cigarettes in vending machines. The commissioner may shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars and cigarettes contained in the machine bear the tax stamp required under this chapter.'
Section 7. All laws and parts of laws in conflict with this Act are repealed."

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

2172

JOURNAL OF THE HOUSE,

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

Colwell N Connell NCox Y Crawford Y Crews Y Culbreth Y Cumrnings
Davis.G N Davis.M Y Dickinson NDix N Dixon.H N Dixon,S Y 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 Y Hammond N Manner N Harris,B Y Harris.M YHart N Heard Y Hegstrom Y Hembree Y Henson N Holland

Y Holmes N Howard N Hudson N Hughes Y Hugley N James Y Jamieson N Jenkins Y Johnson.D.H N Johnson,E Y Johnson,G N Johnson,J Y Johnston N Jones N Joyce YKaye Y Kinnamon Y Klein
YLadd N Lakly Y Lane.D YLane.R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas N Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B NMilam Y Mills

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

On the adoption of the amendment, the ayes were 80, nays 90. The amendment was lost.

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

The following amendment was read:

Representative Cauthorn of the 35th moves to amend the Committee substitute to SB 222 as follows:
By striking lines 14 through 21 on page 5 and inserting in lieu thereof:
"(h) Any local rules or ordinances in effect prior to February 1, 1993, will be exempt from the provisions of this Code section until January 1, 1994, at which time the exemption provided in this subsection shall not apply and the provisions of this Code section shall apply."

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

N Ashe N Atkins Y Bailey N Baker N Bannister Y Barfoot Y Bargeron Y 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 YByrd
N Campbell Y Canty N Carlisle
Y Carrell N Carter Y Cauthorn

Y Chambless N Chandler N Channell N Childers N Clark N Coker N Coleraan.B
Coleman.T Colwell Y Connell YCox N Crawford
N Crews N Culbreth

N Cummings Davis.G
Y Davis,M N Dickinson NDix Y Dixon.H Y Dixon.S N Dobbs N Dover N Ehrhart NEpps N Evans Y Felton N Floyd,J.M

N Floyd,J.W
NGodbee N Golden N Goodwin N Greene Y Groover
N Hammond N Hanner N Harris,B N Harris.M
NHart N Heard N Hegstrom N Hembree

MONDAY, MARCH 22, 1993

2173

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

N Lane.D
N Lane.R N Lawrence
N Lawson YLee N Lewis YLord
N Lucas N Maddox E Mann
N Martin N McBee N McClinton
McKinney,B Y Milam N Mills
N Mobley.B N Mobley.J N Moore Y Mosley N Muellet N Oliver

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

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

N Taylor E Teague N Teper N Thomas.C Y Tillman N Titus N Towery N Trense N Turnquest N Twiggs
N Vaughan Y Walker YWall N Watson
N Watts Y Westmorland
N White N Williams.B N Williams.R N Yates Y Yeargin
Murphy,Spkr

On the adoption of the amendment, the ayes were 38, nays 132. The amendment was lost.

The following amendment was read:

Representative Lane of the 55th, et al. move to amend the Committee substitute to SB 222 by striking "use, distribution," and inserting "distribution" on line 8 of page 1.
By striking lines 5 through 21 of page 5 and inserting in their place the following:
"(g) An agency, department, authority, or instrumentality of the state or any political subdivision of the state or any agency, department, authority, or instrumentality of such political subdivision may impose any requirement or regulation relating to smoking which is more restrictive than the provisions of this Code section but may not impose any requirement or regulation relating to the distribution or promotion of tobacco products which is more restrictive than the provisions of Article 7 of this chapter."
By striking "(i)" and inserting "(h)" on line 22 of page 5.

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

Y Ashe Y Atkins N Bailey Y 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 YBuck N Buckner YBunn N Burkhalter NByrd N Campbell

Y Canty Y Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell Y Childers Y Clark N Coker Y Coleman,B N Coleman.T
Colwell N Connell N Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G N Davis.M Y Dickinson

NDix N Dixon.H N Dixon.S Y Dobbs N Dover Y Ehrhart NEpps N Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin N Greene N Groover Y Hammond N Manner N Harris.B Y Harris.M YHart N Heard Y Hegstrom

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

Y Lane.D Y Lane.R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney,B N Milam Y Mills Y Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal

2174

JOURNAL OF THE HOUSE,

Y Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston N Powell

N Purcell N Randall Y Randolph
NRay N Reaves N Reichert N Roberts N Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp N Simpson

N Sinkfield N Skandalakis N Skipper Y Smith.C Y Smith,L Y Smith,P N Smith.T Y Smith.V N Smith.W Y Smyre N Snow Y Stancil.F
Y Stancil,S

Y Stanley.L Y Stanley,? Y Stephenson
N Streat Y Taylor E Teague Y Teper N Thomas.C Y Tillman N Titus N Towery N Trense Y Turnquest

Y Twiggs Y Vaughan N Walker N Wall N Watson N Watts N Westmorland Y White Y Williams,B Y Williams,R N Yates N Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 87, nays 86. The Chair votes "nay". The ayes were 87, nays 87. The amendment was lost.

Representative Lane of the 55th 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:

Y Ashe N Atkins N Bailey Y 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
Brown YBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty
Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman.B N Coleman.T

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

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

On the motion, the ayes were 83, nays 87. The motion was lost.

The following amendment was read:

Y Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal Y Orrock N Padgett N Parham N Parrish
N Patten Pelote
N Perry Y Pinholster
NPoag Y Polak Y Porter Y Poston N Powell N Purcell N Randall Y Randolph NRay N Reaves N Reichert N Roberts N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson N Sinkfield N Skandalakis N Skipper

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

Representative Poston of the 3rd moves to amend the Committee substitute to SB 222 as follows:

MONDAY, MARCH 22, 1993

2175

Page 5, line 15 change "1993" to "1994".

On the adoption of the amendment, 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 N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck
Y Buckner
YBunn
N Burkhalter
NByrd N Campbell
Y Canty Y Carlisle
Carrell N Carter N Cauthorn N Chambless N Chandler N Channell Y Childers Y Clark Y Coker Y Coleman.B N Coleman.T

Colwell N Connell NCox Y Crawford Y Crews Y Culbreth
Y Cummings
Davis.G Y Davis.M
Y Dickinson
NDix N Dixon.H N Dixon,S Y 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 Y Hammond
N Hanner N Harris.B Y Harris.M YHart N Heard
Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes N Howard N Hudson N Hughes Y Hugley
N James Y Jamieson N 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 N Lakly Y Lane,D N Lane.R Y Lawrence Y Lawson NLee Y Lewis
NLord N Lucas Y Maddox E Mann Y Martin
Y McBee N 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 YPoag Y Polak Y Porter Y Poston N Powell N Purcell N Randall Y Randolph NRay
N Reaves N Reichert N Roberts N Royal Y Scoggins Y Shanahan
Y Sherrill
Y Shipp N Simpson N Sinkfield N Skandalaki! N Skipper

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

On the adoption of the amendment, the ayes were 86, nays 88. The amendment was lost.

Representative Poston of the 3rd moved that the House reconsider its action in failing to adopt the Poston amendment.
On the motion, 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 N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck Y Buckner Y Bunn N Burkhalter

NByrd N Campbell
Canty Y Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B N Coleman.T
Colwell N Connell NCox Y Crawford Y Crews Y Culbreth

Y Cummings
Davis.G Y Davis.M Y Dickinson
NDix N Dixon.H N Dixon,S Y Dobbs N Dover Y Ehrhart
YEpps Y Evans Y Felton N Floyd,J.M N Floyd,J.W N Godbee N Golden Y Goodwin
N Greene N Groover Y Hammond

N Hanner
N Harris.B Y Harris.M YHart N Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Howard N Hudson N Hughes Y Hugley N James Y Jamieson N Jenkins Y Johnson.D.H N Johnson.E Y Johnson.G N Johnson,J

Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly N Lane,D N Lane,R Y Lawrence N Lawson NLee Y Lewis
NLord N Lucas Y Maddox E Mann Y Martin Y McBee N McClinton

2176

JOURNAL OF THE HOUSE,

N McKinney,B N Milam 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

Y Pelote N Perry Y Pinholster
Poag Y Polak Y Porter Y Poston N Powell N Purcell N Randall Y Randolph
Ray N Reaves N Reichert
N Roberts

N Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson N Sinkfleld N Skandalakis N Skipper Y Smith.C Y Smith.L Y Smith.P N Smith.T Y Smith.V Y Smith.W

YSmyre NSnow Y Stancil,F Y Stancil.S
Y Stanley.L Stanley,?
Y Stephenson N Streat Y Taylor E Teague
Y Teper N Thomas.C
Y Tillman Titus
Y Towery

Y Trense Y Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson
N Watts N Westmorland
White Y Williams.B
N Williams.R N Yates N Yeargin
Murphy.Spkr

On the motion, the ayes were 82, nays 86. The motion was lost.

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to SB 222 by striking line 1 of page 3 and inserting in its place the following:
"(A) In a restaurant having a seating capacity in excess of 50, means an area of'. By striking lines 11 through 13 of page 3 and inserting in their place the following: "(iv) Does not comprise more than 50 percent of such restaurant's seating capacity;". By adding between lines 26 and 27 of page 4 the following: "(1.1) Restaurants having a seating capacity of 50 or less;".

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 N Barnes N Bates N Benefield
N Birdsong Y Bordeaux N Bostick Y Breedlove N Brook3,D Y Brooks.T N Brown NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! Y Childers Y Clark

N Coker Y Coleman.B N Coleman.T
Colwell N Connell NCox
Crawford Y Crews N Culbreth Y Cummings
Davis.G N Davis.M Y Dickinson NDix N Dixon.H
N Dixon.S Y Dobbs N Dover Y Ehrhart N Epps N Evans Y Felton N Floyd,J.M N Floyd,J.W NGodbee N Golden Y Goodwin N Greene N Groover Y Hammond N Hanner N Harris.B Y Harris.M

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

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

N Reaves N Reichert N 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 Y Smith,V N Smith,W
N Smyre N Snow
Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,?
Stephenson
N Streat N Taylor E Teague Y Teper
N Thomas.C Y Tillman N Titus Y Towery

MONDAY, MARCH 22, 1993

2177

N Trense Y Turnquest
Twiggs

Y Vaughan N Walker N Wall

N Watson N Watts N Westmoreland

N White Y Williams.B N Williams,R

On the adoption of the amendment, the ayes were 64, nays 108. The amendment was lost.

N Yates N Yeargin
Murphy,Spkr

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to SB 222 by adding "this Code section or by" after "by" on line 27 of page 3.

On the adoption of the amendment, 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 Y Bordeaux N Bostick Y Breedlove N Brooks,D Y Brooks.T N Brown NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! Y Childers Y Clark Y Coker
Y Coleman.B N Coleman.T

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

Y Holmes
N Howard N Hudson N Hughes N Hugley N James Y Jamieson N Jenkins Y Johnson.D.H N JohnsontE N Johnson.G N Johnson,J Y Johnston
N Jones N Joyce YKaye N Kinnaraon Y Klein YLadd N Lakly N Lane.D N Lane.R Y Lawrence Y Lawson NLee N Lewis YLord N Lucas Y Maddox E Mann N Martin Y McBee N McClinton N McKinney,B N Milam Y Mills

N Mobley.B N Mobley,J Y 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 YPolak Y Porter NPoston N Powell N Purcell N Randall Y Randolph
NRay N Reaves N Reichert N Roberts N Royal Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skandalakis N Skipper

On the adoption of the amendment, the ayes were 58, nays 115. The amendment was lost.

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

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to SB 222 by adding between lines 23 and 24 of page 4 the following:
"(4) 'Smoking' means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other smoking equipment in any form."

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

2178

JOURNAL OF THE HOUSE,

Y 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 Y Brooks.D Y Brooks.T
Brown NBuck N Buckner Y Bunn N Burkhalter
NByrd
N Campbell
Y Canty
N Carlisle
N Carrell N Carter
N Cauthorn N Chambless N Chandler N Channell Y Childers Y Clark Y Coker N Coleman.B N Coleman.T

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

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

N Mobley.B N MobleyJ Y Moore N Mosley N Mueller N Oliver N O'Neal Y Orrock
N Padgett N Parham N Parrish
N Patten Pelote
N Perry Y Pinholster NPoag Y Polak Y Porter Y Poston N Powell N Purcell N Randall N Randolph NRay N Reaves N Reichert N 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 50, nays 120. The amendment was lost.

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

The following amendment was read:

Representatives Hugley of the 133rd, Taylor of the 134th and Smith of the 102nd move to amend the Committee substitute to SB 222 as follows:
Page 5, line 15 change "February 1, 1993" to "July 1, 1995".

On the adoption of the amendment, 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 N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck N Buckner Y Bunn N Burkhalter

NByrd N Campbell
Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless
N Chandler N Channell
Y Childers Y Clark N Coker Y Coleman.B N Coleman.T
N Colwell N Connell NCox Y Crawford Y Crews Y Culbreth

N Cummings Davis.G
Y Davis.M Y Dickinson NDix N Dixon.H N Dixon.S Y 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 Y Hammond

N Hanner N Harris.B Y Harris.M YHart N Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson N Hughes Y Hugley N James Y Jamieson N Jenkins Y Johnson.D.H Y Johnson.E N Johnson.G N Johnson,J

Y Johnston
Y 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 E Mann Y Martin Y McBee Y McClinton

MONDAY, MARCH 22, 1993

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 YPoag Y 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 Y Smith.C Y Smith.L Y Smith,? N Smith.T Y Smith.V
Smith.W

YSmyre NSnow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson N Streat Y Taylor E Teague Y Teper N Thomas.C Y Tillman N Titus
Towery

On the adoption of the amendment, the ayes were 81, nays 93. The amendment was lost.

2179
N Trense Y Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson N Watts N Westmorland N White Y Williams.B N Williams,R N Yates N Yeargin
Murphy ,Spkr

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

N 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 N Breedlove Y Brooks,D N Brooks.T Y Brown YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty N Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell N Childers N Clark Y Coker N Coleman,B Y Coleman.T

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

N 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 Y Johnson,J Y Johnston Y Jones
Y Joyce NKaye Y Kinnamon N Klein NLadd Y Lakly Y Lane.D Y Lane.R N Lawrence N Lawson YLee Y Lewis YLord Y Lucas N Maddox
E Mann
N Martin Y McBee N McClinton Y McKinney.B Y Milam N Mills

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

N Smith,C N Smith.L N Smith,? Y Smith.T N Smith.V Y Smith,W YSmyre YSnow
N Stancil,F N Stancil.S Y Stanley,L N Stanley.P Y Stephenson
Y Streat Y Taylor
E Teague N 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 Y Westmoreland Y White N Williams.B
Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Committee substitute, the ayes were 117, nays 56. 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:

2180

JOURNAL OF THE HOUSE,

N 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 N Breedlove
Y Brooks,D N 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 Childers N Clark Y Coker N 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 YDix 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 Y Godbee Y Golden Y Goodwin Y Greene Y Groover N Hammond Y Hanner Y Harris.B N Harris.M YHart Y Heard Y Hegstrom Y Hembree N Henson Y Holland

Y 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 Y Johnson,J N Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein NLadd Y Lakly Y Lane,D Y Lane,R N Lawrence N Lawson YLee N Lewis YLord Y Lucas N Maddox E Mann N Martin Y McBee N McClinton Y McKinney.B YMilam N Mills

N 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 N Pinholster YPoag N Polak N Porter N Poston Y Powell Y Purcell Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins N Shanahan N Sherrill Y Shipp Y Simpson Y Sinkfleld Y Skandalakis Y Skipper

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

On the passage of the Bill, by substitute, the ayes were 134, nays 41.
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, as amended, by the requisite constitutional majority the following Bill of the House:

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

HB 964. By Representative Smith of the 169th:
A bill to amend Code Section 21-2-4 of the Official Code of Georgia Annotated, relating to designation of congressional districts, so as to change the composition of certain congressional districts.

MONDAY, MARCH 22, 1993

2181

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

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 subscribers 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 Emergency Telephone System Fund.

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 definition of a project of the authority.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill 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.
The President has appointed on the part of the Senate the following:
Senators Scott of the 36th, Henson of the 55th and Clay of the 37th.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 298

The Committee of Conference on SB 298 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 298 be adopted.

2182
FOR THE SENATE: Is/ Don Balfour
Senator, 9th District /s/ Clint M. Day
Senator, 48th District /s/ James W. Tysinger
Senator, 41st District

JOURNAL OF THE HOUSE,
Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/a/ Brooks P. Coleman, Jr. Representative, 80th District
/s/ Ronald A. Crews Representative, 78th District
/s/ Scott Dix Representative, 76th District

A BILL
To amend an Act providing for districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), so as to increase the salary for the members of the board of education; 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 districts for the election of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3962), is amended by striking in its entirety Section 2 and inserting in its place a new section to read as follows:
"Section 2. Each member of the Board of Education of Gwinnett County shall be compensated in the amount of $750.00 per month effective July 1, 1993, and thereafter. In addition, each member of the board of education shall receive an expense allowance for documented actual and necessary expenses incurred in the performance of the member's duties within the county and reimbursement for documented actual and necessary expenses incurred in the performance of the member's duties outside the county in such amount as shall be authorized by a majority vote of the board of education. Records of such documentation shall be kept on file at the office of the board of education for such reasonable period of time as shall be established by the board of education."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 80th moved that the House adopt the report of the Committee of Conference on SB 298.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

The following Resolution of the House was read:

HR 541. By Representative Murphy of the 18th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn sine die at 7:00 P.M. on Tuesday, March 23, 1993.

MONDAY, MARCH 22, 1993

2183

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 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
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 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 Y 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 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
Y Patten Y Pelote
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 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
Stanley,? Y Stephenson
Streat Y Taylor
E Teague Y Teper
Thomas.C 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 adoption of the Resolution, the ayes were 166, nays 0. The Resolution was adopted.

Representative Colwell of the 7th District, Chairman of the Committee on State Institutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 438 Do Pass
Respectfully submitted, /a/ Colwell of the 7th
Chairman

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

2184

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 325 Do Pass SB 383 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker: The Senate insists on its substitutes to the following Bills of the House:
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.

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.
The Senate has agreed to the House substitute as amended by the Senate, to the following Bill of the Senate:
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 Annotated, 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.

MONDAY, MARCH 22, 1993

2185

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

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 Annotated, 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.

HB 753. By Representative Lane of the 55th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to change certain provisions relating to regional development centers.

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

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.

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

SB 383. By Senator Day of the 48th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, as amended, so as to change the corporate limits.

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

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

SB 163. By Senator Ragan of the 32nd:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests.

2186

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representative Wall of the 82nd moves to amend SB 163 as follows: Insert after the word "upon" on line 1 of page 3 the following: "the first day of the month following".

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 90, nays 0.
The Chair votes "aye".
The ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 relationship, 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 persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred.

The report 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.

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 property transferred.

The report 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.

SB 346. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, so as to provide that an affiliate transfer shall include a transfer of fiduciary capacities from a bank to an affiliated bank authorized to exercise trust powers; to provide that an affiliated trust company shall include an affiliated bank authorized to exercise trust powers.

MONDAY, MARCH 22, 1993

2187

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
YBunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle
Carrell Carter
Y Cauthorn Y Chambless
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 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
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
Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane,D Y Lane.R
Lawrence Y Lawson YLee Y Lewis
YLord Lucas
Y Maddox EMann
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 YPoag Y Polak Y Porter
Poston Powell Y Purcell Randall Y Randolph
Ray Y Reaves Y Reichert
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,P
Smith.T Y Smith,V Y Smith,W
Smyre Snow
Y Stancil.F Y Stancil,S
Stanley ,L Stanley,? Y Stephenson Streat Y Taylor E Teague Y Teper Y Thomas.C Tillman Y Titus Y Towery Y Trense Y Turnquest Twiggs Y Vaughan 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 142, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Holland of the 157th 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.

SR 11. By Senators Ragan of the llth, Hemmer of the 49th, Ralston of the 51st, Boshears of the 6th, Middleton of the 50th and others:
A resolution urging the Atlanta Committee for Olympic Games, the Metropolitan Atlanta Olympic Games Authority, and the other Olympic organizing committees to avail themselves of the green industry in Georgia.

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

Y Ashe Y Atkins Y Bailey Y Baker

Y Bannister Y Barfoot Y Bargeron Y Barnes

Y Bates Y Benefield Y Birdsong
Bordeaux

Bostick Y Breedlove Y Brooks.D Y Brooks.T

Brown YBuck Y Buckner Y Bunn

2188

JOURNAL OF THE HOUSE,

Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Carrell Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman.B Y Coleman.T
Colwell Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson YDix Y Diion.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
Holland Y 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 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
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
Ray 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,P
Smith.T

Y Smith.V Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley,L Stanley,? Y Stephenson Streat Y Taylor E Teague Y Teper Y Thomas.C Tillman Y 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 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

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 Annotated, 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 judgment 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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change provisions relating to the Supreme Court and the Court of Appeals; to provide that no judgment in a second-term case, other than a judgment 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; to change provisions relating to compensation of the Justices and Judges; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-2-4, relating to place of sessions

MONDAY, MARCH 22, 1993

2189

and terms of court of the Supreme Court, and inserting in its place a new subsection (c) to read as follows:
"(c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September term shall end on December 20 and the April term shall end on July 31. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods."

Section 2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraphs (18) and (19) of subsection (a) of Code Section 45-7-4, relating to compensation of certain state officials, and inserting in their place new paragraphs (18) and (19) to read as follows:

"(18) Each Justice of the Supreme Court..........................................................

00,614.00

99,500.00

(19) Each Judge of the Court of Appeals......................................................

80,931.00

99,000.00"

Section 3. This Act shall become effective July 1, 1993. For purposes only of the general appropriations Act for the year beginning July 1, 1993, the cost-of-living adjustment provisions of subsection (b) of Code Section 45-7-4 shall not apply with respect to Justices of the Supreme Court and Judges of the Court of Appeals.

Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Thomas of the 100th, was read and adopted:
A BILL
To amend Code Section 15-2-4 of the Official Code of Georgia Annotated, 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 judgment 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; 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 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of court of the Supreme Court, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof the following:
"(c) Each term shall continue until the business for that term has been disposed of by the court, provided that, unless sooner closed by order of the court, the September term shall end on December 20 and the April term shall end on July 31. No judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

2190

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
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 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 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
Holland

Y Holmes Y Howard Y Hudson
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
Lawrence Y Lawson YLee Y Lewis YLord
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 Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberta 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,P
Smith.T Y Smith,V Y Smith,W
Smyre YSnow Y Stancil,F
Stancil.S Stanley.L Stanley,? Y Stephenson
Y Streat Y Taylor E Teague Y Teper Y Thomas.C
Tillman Y 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 passage of the Bill, by substitute, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide that after a conservation ranger has accumulated 25 years of service with the Department of Natural Resources as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon.

The following amendment was read and adopted:

Representative Twiggs of the 8th moves to amend SB 306 by adding on line 10 of page 1 after the word and symbol "resources;" and before the word "to" the following:
"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; to require written permission for such killing; to require that such killing be done in the vicinity of damaged property;".
By adding between lines 16 and 17 of page 2 a new Section 2 to read as follows:

MONDAY, MARCH 22, 1993

2191

"Section 2. 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, is amended by striking in its entirety Code Section 27-3-21, relating to the killing of bears by owners of beehives, and inserting in lieu thereof the following:
'27-3-21. 3%e Any property owner ef- a beehive or his or her agent shall have the right to kill any bear which shall constitute a clear and immediate threat to his or her property, provided that prior written permission to kill such bear has been obtained by the property owner ef the beehive from the landowner, if the landowner is not the property owner and th beehive ewner has equipped the beehive with eithf three-strand fully operative electric fence e posts at least few feet afeeve th ground er ethr protcctivc device*; wiicn 9ucii otticr protective device nets DCen flpprovcd oy TUG depflrmicut( provided, further, that no such owner or agent shall have the right to destroy any bear unless it shall be killed within the vicinity of the threatened property e* antess the bea* sfeatt have been tracked by degs directly from the damaged property te the point of MB;
administration ad enforcement ef- this title shall have bee first g4ve at least ee ftour s prior notice uy trie owner ot tne oeenive of nis fluent Deiofe IFQCKIH 9HQii com1 mence.
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

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 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
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 N Dobbs
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
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
James Y Jamieson Y Jenkins Y Johnson.D.H Y Johnson,E Y Johnson.G
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 Y Martin Y McBee
Y McClinton McKinney,B
Y Milam Y Mills

Y Mobley.B Y MobleyJ Y Moore Y Mosley Y Mueller
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
Shanahan Y Sherrill
Shipp Y Simpson Y Sinkfield Y Skandalakis
Skipper

On the passage of the Bill, as amended, the ayes were 148, nays 1.

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 E Teague YTeper Y Thomas.C Tillman Y Titus Y Towery Y Trense Turnquest Y Twiggs Y Vaughan Walker Y Wall Y Watson Y Watts Y Westmorland White Williams.B Y Williams,R Yates Y Yeargin Murphy,Spkr

2192

JOURNAL OF THE HOUSE,

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

Representative Lawrence of the 64th 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 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 Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected; 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 affecting torts, is amended by adding at the end thereof a new Code Section 51-1-43 to read as follows:
"51-1-43. (a) No dental student who participates in the provision of dental care or dental treatment under the supervision of a medical facility, academic institution, or dentist, as a part of an academic curriculum leading to the award of a dental degree, shall be liable for any civil damages to the patient as a result of any act or omission in such participation, except for willful or wanton misconduct. The dental student, medical facility, academic institution, or dentist shall inform the patient prior to treatment as to their liability for any civil damages to the patient as a result of any act or omission in such treatment.
(b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or dentist."
Section 2. 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 Connell of the 115th move to amend the Committee substitute to SB 165 as follows:
By striking all of lines 20 through 24 page 1 after the word "misconduct" on line 20.

The following amendment was read:

Representative Barnes of the 33rd moves to amend the Committee substitute to SB 165 as follows:
On page 1, line 20, after the word "for" and before the word "willful", insert the words "gross negligence or for".

MONDAY, MARCH 22, 1993

2193

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
Bargeron Y Barnes Y Bates
N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks.D Y Brooks.T
Brown
NBuck Buckner
Y Bunn N Burkhalter NByrd Y Campbell Y Canty
Carlisle N Carrell N Carter
Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker N Coleman,B N Coleman.T

N Colwell Connell
YCox N Crawford N Crews
N Culbreth N Cummings
Davis.G Y Davis,M N Dickinson NDix Y Dixon.H N Dixon.S NDobbs
Dover
N Ehrhart NEpps N Evans Y Felton
FloydJ.M N Floyd,J.W NGodbee N Golden N Goodwin N Greene N Groover Y Hammond N Hanner Y Harris.B
N Harris,M YHart N Heard N Hegstrom Y Hembree N Henson Y Holland

N Holmes Y Howard N Hudson N Hughes N Hugley
N James Jamieson
N Jenkins Y Johnson.D.H N Johnson,E N Johnson.G Y Johnson,J Y Johnston N Jones N Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly
Lane.D Y Lane.R
Lawrence N Lawson NLee N Lewis YLord N Lucas
Maddox
E Mann N Martin N McBee N McClinton
McKinney;B
NMilam N Mills

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

Y Smith.C Y Smith.L Y Smith.P
Smith.T N Smith.V N Smith, W N Smyre NSnow
Y Stancil.F N Standl.S
Stanley,L Stanley,? N Stephenson N Streat N Taylor E Teague Y Teper Y Thomas.C Y Tillman Titus N Towery N Trense Y Turnquest N Twiggs N Vaughan Walker N Wall 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 41, nays 114. The amendment was lost.

The following amendment was read and lost:

Representative Bordeaux of the 151st moves to amend the Committee substitute to SB 165 as follows:
On page 1, line 27, after the period, add the following sentence:
"If the liability of a medical facility, academic institution, or dentist is based upon the act or omission of the dental student under principals of agency, then the standard of care applicable to the dental student shall be that of ordinary care."

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
Bargeron N Barnes

Y Bates Y Benefield Y Birdsong N Bordeaux

Y Bostick Y Breedlove Y Brooks.D N Brooks.T

N Brown YBuck Y Buckner Y Bunn

2194

JOURNAL OF THE HOUSE,

Y Burkhalter
YByrd Y Campbell N 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
NCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M Y Dickinson
YDix Y Dixon.H
Y Dixon.S YDobbs
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
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 N Kinnamon
N Klein YLadd Y Lakly
Y Lane,D Lane.R Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas N Maddox
E Mann
Y Martin
YMcBee Y McClinton
McKinney.B Y Milam Y Mills Y Mobley.B
Y MobleyJ 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 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 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
Stanley,? Y Stephenson
Y Streat Y Taylor
E Teague NTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Y Watson Y Watts Y Westmorland N White Y WilUams.B
Y Williarns,R Y Yates
Y Yeargin Murphy.Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Cauthorn of the 35th 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.

Representative Lawrence of the 64th 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 269. By Senators Blitch of the 7th and Oliver of the 42nd:
A bill to amend Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties.

The following substitute, offered by Representatives Orrock of the 56th, Baker of the 70th and Bordeaux of the 151st was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending

MONDAY, MARCH 22, 1993

2195

final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties; to require certain employers to report the hiring and rehiring of certain employees for child support enforcement purposes; to provide for the types of employers and employees covered; to provide for exemptions; to provide for methods of reporting; to provide for civil penalties for noncompliance; to provide for registry records; to provide for rules, evaluation, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-9-3, relating to discretion of the court in custody disputes, by adding a new subsection at the end thereof to read as follows:
"(e) Upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue. Any such award of temporary custody shall not constitute an adjudication of the rights of the parties."
Section 2. Said title is further amended by adding after Code Section 19-11-9.1 a new Code Section 19-11-9.2 to read as follows:
"19-11-9.2. (a) Effective July 1, 1993, employers doing business with seven or more employees in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and
(2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who:
(1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or
(2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within five days of the hiring, rehiring, or return to work of the employee. The report shall contain:
(1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified business identifier number. An employer who fails to report as required under this Code section shall be given a written warning. (d) The registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed. (e) The department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. The department shall report to the Governor and the General Assembly on the effectiveness of this Code section no later than November 1, 1994. (f) This Code section shall be repealed in its entirety effective May 1, 1995."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Parham of the 122nd, Parrish of the 144th, Coleman of the 142nd and Channell of the lllth move to amend the Floor substitute to SB 269 as follows:
P. 2 line 6 change the word "shall" to "may"

2196

JOURNAL OF THE HOUSE,

P. 2, line 25 change the word "shall" to "may".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N 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
N Brooks.D N Brooks.T Y Brown
YBuck Buckner
NBunn Y Burkhalter
YByrd N Campbell
N Canty Carlisle
Y Carrell Y Carter N Cauthorn Y Chambless N Chandler Y Channel! N Childers
N Clark N Coker Y Coleman.B Y Coleman,T

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

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

N Mobley.B
Y Mobley,J N Moore Y Mosley N Mueller Y Oliver N O'Neal N Orrock
Y Padgett Y Parham Y Parrish N Patten N Pelote N Perry
N Pinholster YPoag NPolak N Porter
N Poston Y Powell Y Purcell N Randall N Randolph NRay
Reaves Y Reichert Y Roberts N Royal N Scoggins Y Shanahan N Sherrill N Shipp N Simpson N Sinkfield Y Skandalakis Y Skipper

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

On the adoption of the amendment, the ayes were 85, nays 76. The amendment was adopted.

Representative Orrock of the 56th moved that the House reconsider its action in adopting the Parham amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins
N Bailey Y Baker N Bannister Y Barfoot N Bargeron N Barnes Y Bates N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks,D Y Brooks.T Y Brown NBuck N Buckner
YBunn N Burkhalter

NByrd N Campbell Y Canty
Carlisle N Carrell
Y Carter Y Cauthorn N Chambless Y Chandler N Channell Y Childers
Y Clark Y Coker Y Coleman.B N Coleman.T
Y Colwell Connell
YCox N Crawford
Y Crews Y Culbreth

Y Cummings Davis.G
N Davis.M Y Dickinson NDix
Dixon.H N Dixon,S Y Dobbs
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 Y Hammond

N Hanner N Harris.B
Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson N Hughes Y Hugley N James Y Jamieson N Jenkins Y Johnson,D.H N Johnson.E Y Johnson.G N Johnson,J

N Johnston
Y Jones Y Joyce
NKaye Y Kinnamon
Y Klein Ladd
Y Lakly Y Lane.D Y Lane.R N Lawrence
N Lawson NLee N Lewis NLord Y Lucas Y Maddox
E Mann N Martin Y McBee Y McClinton

MONDAY, MARCH 22, 1993

2197

McKinney.B N Milam N Mills Y Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal Y Orrock N Padgett N Parham N Parrish
Y Patten

Y Pelote Y Perry Y Pinholster NPoag Y Polak
Y Porter Y Poston N Powell N Purcell Y Randall N Randolph
NRay Reaves
N Reichert N Roberts

Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skandalakis N Skipper Y Smith.C
Smith.L Y Smith.P N Smith.T N Smith.V N Smith.W

N Smyre N Snow N Stancil,F N Stancil,S
Stanley.L Stanley,? N Stephenson Y Streat Y Taylor E Teague Y Teper Y Thomas.C Y Tillman N Titus N Towery

Y Trense Y Turnquest N Twiggs N Vaughan N Walker Y Wall N Watson
Watts Y Westmorland Y White Y Williams.B
Williams,R Y Yates
Yeargin
Murphy ,Spkr

On the motion, the ayes were 86, nays 76. The motion prevailed.

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

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

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

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

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

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

On the re-adoption of the Parham amendment, the ayes were 83, nays 85. The amendment was lost.

The following amendment was read and lost:

Representative Channell of the lllth moves to amend the Floor substitute to SB 269 as follows:
Page 2 - line 5 change the word "seven" to "one-hundred".

2198

JOURNAL OF THE HOUSE,

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

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

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

Y Holmes Y Howard N Hudson N Hughes Y Hugley N James
Y Jamieson N Jenkins Y Johnson,D.H N Johnson,E
Y Johnson.G N Johnson,J
N Johnston Y Jones N Joyce
NKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane,R N Lawrence N Lawson
Lee N Lewis
NLord Lucas
Y Maddox E Mann Y Martin
Y McBee Y McClinton
McKinney.B NMilam N Mills

Y Mobley,B N Mobley,J Y Moore N Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock
N Padgett N Parham N Parrish Y Patten Y Pelote Y Perry Y Pinholster
NPoag Y Polak Y Porter Y Poston N Powell N Purcell Y Randall Y Randolph
NRay Reaves
N Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skandalakis
N Skipper

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

On the adoption of the Floor substitute, the ayes were 91, nays 74. The Floor substitute, was adopted.

Representative Barnes of the 33rd 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:

N Ashe Y Atkins Y Bailey N Baker N Bannister N Barfoot Y Bargeron
Y Barnes N Bates Y Benefield N Birdsong N Bordeaux
Y Bostick Y Breedlove N Brooks.D N Brooks.T
N Brown YBuck N Buckner N Bunn Y Burkhalter YByrd N Campbell N Canty

N Carlisle Y Carrell N Carter Y Cauthorn Y Chambless
N Chandler Y Channel! N Childers N Clark N Coker N Coleman.B Y Coleman.T Y Colwell
Connell NCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M N Dickinson YDix
Dixon.H

Y Dixon.S N Dobbs Y Dover Y Ehrhart
N Epps Y Evans N Felton Y Floyd,J.M Y Floyd.J.W
Y Godbee N Golden
N Goodwin Y Greene Y Groover
Y Hammond Y Banner Y Harris.B
N Harris.M NHart N Heard N Hegstrom N Hembree N Henson N Holland

N Holmes N 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 N Johnston N Jones Y Joyce YKaye N Kinnamon N Klein
Ladd N Lakly YLane,D YLane.R Y Lawrence Y Lawson

YLee Y Lewis YLord Y Lucas N Maddox
E Mann N Martin N McBee N McClinton
McKinney,B
YMilam Y Mills N Mobley,B Y Mobley,J N Moore Y Mosley N Mueller Y Oliver N O'Neal
N Orrock Padgett
Y Parham Y Parrish N Patten

MONDAY, MARCH 22, 1993

2199

N Pelote N Perry N Pinholster
NPoag N Polak N Porter N Poston Y Powell Y Purcell N Randall N Randolph YRay

Reaves Y Reichert Y Roberts Y Royal N Scoggins N Shanahan
N Sherrill N Shipp
N Simpson N Sinkfield Y Skandalakis Y Skipper

N Smith.C Y Smith.L N Smith.P Y Smith.T N Smith.V Y Smith.W N Smyre Y Snow N Stancil.F
Y Stancil,S N Stanley.L
Stanley,?

Y Stephenson Y Streat N Taylor E Teague N Teper N Thomas.C N Tillman Y Titus Y Towery N Trense
N Turnquest
Y Twiggs

Y Vaughan Y Walker N Wall Y Watson
Watts Y Westmoreland N White N Williams.B
Williams.R N Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 81, nays 86. 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:

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

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

Y Holmes Y Howard N Hudson N Hughes Y Hugley Y James Y Jamieson N Jenkins Y Johnson.D.H
N Johnson,E Y Johnson.G N Johnson ,J Y Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein
Ladd Y Lakly Y Lane.D Y Lane.R N Lawrence N Lawson YLee N Lewis NLord Y Lucas Y Maddox E Mann Y Martin Y McBee Y McClinton
McKinney.B N Milam N Mills

Y Mobley.B Y Mobley.J Y Moore N Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett N Parham N Parrish Y Patten Y Pelote Y Perry Y Pinholster NPoag Y Polak Y Porter Y Poston N Powell N Purcell Y Randall Y Randolph NRay
Reaves N Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson
Y Sinkfield
Y Skandalakis N Skipper

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

On the passage of the Bill, by substitute, the ayes were 110, nays 56.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

2200

JOURNAL OF THE HOUSE,

HB 1050. By Representatives Dixon of the 150th, Johnson of the 153rd, Pelote of the 149th, Mueller of the 152nd and Johnson of the 148th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler.

The following Senate substitute was read:

A BILL
To amend an Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved May 6, 1992 (Ga. L. 1992, p. 7019), so as to change the corporate limits of the City of Pooler; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Pooler, approved March 31, 1976 (Ga. L. 1976, p. 3419), as amended, particularly by an Act approved May 6, 1992 (Ga. L. 1992, p. 7019), is amended by adding at the end of Section 1.1 a new subsection (f) to read as follows:
"(f) The corporate limits of the City of Pooler shall also include the following parcel of land:
Commencing at a point where the northern right-of-way of U. S. Highway Number 80 intersects the center line, of the proposed Pooler Bypass with Georgia State Plane, East Zone coordinates of N. 773139.7842, E. 934519.823 and going thence along said centerline N. 20-13'-19" E. a distance of 422.71' to a point; thence continuing along said cen ter line along a curve to the right with a radius of 1432.39' a distance of 1000.11' to a point; thence continuing along said centerline N. 60-13'-35" E. a distance of 597.84' to a point with Georgia State Plane, East Zone coordinates of N. 774581.509, E. 935817.6751; thence N. 24-31'-18" W. a distance of 110.92' to a point; said point being the point of beginning; thence N. 21-46'-23" W. a distance of 808.11' to a point; thence N. 22-24'-43" W. a distance of 371.99' to a point; thence N. 24-38'-56" W. a distance of 2479.81' to a point; thence S. 89-20'-52" W. a distance of 842.59' to a point; thence N. 24-13'-08" W. a distance of 1142.81' to a point located 20' south of the south bank of the Pipe Maker Canal; thence N. 79-16'-39" E. a distance of 788.43' to a point; thence N. 80-43'-54" E. a distance of 877.83' to a point; thence along a curve to the right with a radius of 300' a length of 333.55' to a point; thence S. 35-33'-56" E. a dis tance of 127.64' to a point; thence S. 29-57'-18" E. a distance of 147.06' to a point; thence S. 32-38'-30" E. a distance of 338.81' to a point; thence S. 37-08'-31" E. a dis tance of 210.81' to a point; thence S. 44-01'-08" E. a distance of 291.61' to a point; thence S. 39-59'-10" E. a distance of 150.67' to a point; thence S 32-23'-ll" E. a dis tance of 217.13' to a point; thence S 31-18'-51" E. a distance of 813.63' to a point; thence N 29-28'-05" E. a distance of 2,281.88' to a point; thence N. 54-46'-43" E. a distance of 3300.00' to a point; thence N. 84-46'-43" E. a distance of 2507.11' to a point on the west right-of-way of Interstate 95; thence continuing N. 84-46'-43" E. across Interstate Highway #95 a distance of 366' to a point on the east right-of-way of Inter state Highway #95; thence following the east right-of-way of Interstate Highway #95 to the south approximately 2200'+ to a point; thence S. 58-22'-14" W. a distance of 790' to a point on the west right-of-way of Interstate Highway #95; thence continuing S. 58-22'-14" W. a distance of 587.27' to a point; thence N. 85-54'-33" W. a distance of 3121.77* to a point; thence S. 07-36'-45" E. a distance of 2667.24' to a point; thence S. 22-55'-50" E. a distance of 1581.22' to a point; thence S. 41-16'-42" W. a distance of 908.27' to a point; thence N. 85-44'-18" W. a distance of 622.28' to a point; thence S. 88-45'-22" W. a distance of 732.71' to a point; thence N. 59-00'-53" W. a distance of 589.85' to a point; thence S. 66-15'-22" W. a distance of 367.99' to a point; thence

MONDAY, MARCH 22, 1993

2201

N. 71-48'-23" W. a distance of 1,359.31' to a point; said point being the point of begin ning."
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.

Representative Dixon of the 150th moved that the House agree to the Senate substi tute to HB 1050.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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 following Senate amendment was read:

Amend HB 790 by inserting on line 10 of page 1 after "reports;" the following:
"to provide for membership of a charter review commission;".
By inserting between lines 3 and 4 of page 3 the following:
"Section 1.5. Said Act is further amended by adding a new Article VIII to read as fol lows:
'ARTICLE VIII
Section 8-101. If HR 197 creating the City of Atlanta Charter Review Commission and enacted by the General Assembly at its regular 1993 session is approved by the Governor, the commission shall be composed of 33 members notwithstanding any con tradictory provision of such resolution. The appointment of members to the commis sion shall be as provided in such resolution or any subsequent Act or resolution of the General Assembly.'".

Representative Davis of the 48th moved that the House agree to the Senate amend ment to HB 790.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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 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.

2202

JOURNAL OF THE HOUSE,

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

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 Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:

HR 541. By Representative Murphy of the 18th: A resolution relative to adjournment.

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

SB 13. By Senators Oliver of the 42nd, Egan of the 40th, Starr of the 44th and oth ers:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for 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 pro vide for notice to victims of the release from custody of certain persons charged with the offense of stalking or aggravated stalking.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the defi nition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.

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

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.

The Senate insists on its substitute to the following Bill of the House:

MONDAY, MARCH 22, 1993

2203

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.

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

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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

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.

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

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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill 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 Senate has adopted the report of the Committee of Conference on the following Bill of the House:

2204

JOURNAL OF THE HOUSE,

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 begin ning July 1, 1993 and ending June 30, 1994.

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

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.

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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 170 Do Pass, by Substitute
Respectfully submitted, M Lord of the 121st
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 331 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 94th
Chairman

The Speaker assumed the Chair.

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

HR 463. By Representatives Smith of the 169th, Murphy of the 18th, Stephenson of the 25th, Watts of the 26th and Lee of the 94th:
A resolution providing for the placement of a portrait of Mrs. Janette McGarity Barber.

MONDAY, MARCH 22, 1993

2205

The following Committee substitute was read and adopted:

A RESOLUTION
Providing for the placement of a portrait of Mrs. Janette McGarity Barber; and for other purposes.
WHEREAS, with the passing of Mrs. Janette McGarity Barber on August 19, 1983, the State of Georgia lost one of its most distinguished citizens; and
WHEREAS, a native of Dallas, Georgia, the daughter of the late Colonel and Mrs. Charles Benjamin McGarity and the wife of Mac Barber, former legislator and current member of the Public Service Commission, Mrs. Barber was educated at the University of Georgia where she received the following degrees: Bachelor of Science, Master of Educa tion, and Master of Arts; and
WHEREAS, the future brightness of her career was evident on the university campus where she was a member of Phi Kappa Phi, Phi Upsilon Omicron and served as president of Kappa Alpha Theta Sorority. In 1992, the sorority constructed a new chapter room and named it in her memory; and
WHEREAS, she served the citizens of Georgia and the nation in a variety of positions and responsibilities and in each capacity her skill, genius for making friends, and outstand ing abilities and energies made lasting contributions to the quality of life, the cultural appreciation, and the religious uplifting of thousands of our citizens; and
WHEREAS, she was a leader, an educator, an editor, a scholar, a professional, a civic servant, and a most outstanding personality and some of her contributions are:
Teacher: Home Economics Education; State Advisor: Georgia Association, Future Homemakers of America, of whom the alumni number more than 200,000; President: Georgia Home Economics Association; President: Georgia Vocational Association; Chairman: Georgia Committee on Children and Youth; Chairman: Georgia Teenage Nutrition Council; President: Georgia Mothers Association; Editor: Historic Georgia Mothers, a book featuring 25 historic Georgia women, published in 1976; Chairman: Legislative Committee, Garden Clubs of Georgia; Chairman: Georgia Delegation to the White House Conference on Children and Youth; Member: White House Advisory Committee on Children and Youth; Member: Advisory Board, National Future Homemakers of America; Member: Editorial Board of Seventeen magazine; Member: Southeastern Council on Family Life Education; Member: American Vocational Association; Member: American Home Economics Association; First Vice President: American Mothers Committee, Inc.; Listed in: Who's Who Among American Women; Chairman: Commerce Public Library Board; President: Friends of the Library; and President: Commerce Garden Club Council; and
WHEREAS, her charm and radiant personality endeared her as she gave so unselfishly of her time and energy; and
WHEREAS, among her honors were: First Distinguished Alumni Award given by the University of Georgia, College of Home Economics Alumni Association; named Person of the Year by the Georgia Youth Council; the "Woman of the Year" by Progressive Farmer magazine; and, posthumously, the 1985 College of Home Economics Honor Hall

2206

JOURNAL OF THE HOUSE,

of Recognition Designee; the designation of the Janette McGarity Barber Distinguished Professorship at the University of Georgia; the designation of the "Janette McGarity Bar ber Kappa Alpha Theta Sorority Chapter Room" at the University of Georgia; the desig nation of "Janette McGarity Barber patio" at the FFA-FHA camp on Lake Jackson by the State Department of Education; and
WHEREAS, but Mrs. Barber is best remembered by thousands of citizens of the State of Georgia as a friend, an adviser, a mentor; and it is mostly for this reason that contribu tions totaling more than $30,000.00 have come from across this state in her memory; and
WHEREAS, it is only fitting for this body to remember the dedicated example of Janette McGarity Barber and her lasting contributions to the quality of life, the cultural appreciation, and the religious uplifting of thousands of our citizens by her roles as educa tor, leader, scholar, and professional.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recognizes the outstanding accomplishments and contributions of Mrs. Janette McGarity Barber by directing that a portrait of this distinguished woman be placed in the State Capitol Building.
BE IT FURTHER RESOLVED that the Secretary of State is authorized and directed to conduct all the necessary matters relative to the purposes set out in this resolution.
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 her husband, Mac Barber.

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

Y Ashe Y Atkins Y Bailey Y 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
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 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
Dickinson Y Dix
Dixon.H
Y Dixon.S Y 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
Hammond Y Hanner Y Harris.B
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 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 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
Poag Y Polak
Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph YRay
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,? Y Smith.T Y Smith, V
Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor E 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

MONDAY, MARCH 22, 1993

2207

On the adoption of the Resolution, by substitute, the ayes were 159, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend SB 252 as follows: By striking from lines 5 & 6 page 4 all after the word "victim" on 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
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
Davis.G Y Davis.M Y Dickinson YDix
Dixon.H Y Dixon,S Y Dobbs
Dover Y Ehrhart YEpps Y Evans Y Felton Y Floyd,J.M Y FloydJ.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover
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
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 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
Poag Y Polak Y Porter
Y Poston Y Powell Y Purcell
Randall
Y Randolph YRay
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 E 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, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

2208

JOURNAL OF THE HOUSE,

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.

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 N Breedlove Y Brooks.D Y Brooks.T Y Brown Y Buck
Buckner YBunn
Y Burkhalter YByrd
Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler
Channell Y Childers Y Clark Y Coker Y Coleman.B
Coleman.T

Colwell Connell Cox Y Crawford N Crews Y Culbreth Y Cummings Davis.G
Y Davis.M Y Dickinson YDix
Dixon.H
Y Dixon.S Y Dobbs
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 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
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
Parrish Y Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston
Powell Y Purcell
Randall Y Randolph YRay
Reaves Reichert
Y Roberts 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 Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor E 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 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 152, nays 4. The Bill, having received the requisite constitutional majority, was passed.

Representatives Powell of the 23rd and Royal of the 164th 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 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state princi pals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to princi pals located in this state.

The following Committee substitute, was read and withdrawn:

MONDAY, MARCH 22, 1993

2209

A BILL
To amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to wholesale distribution by out-of-state principals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to principals who do business in this state; 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 24 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to wholesale distribution by out-of-state principals and the relationship between a principal and a sales representative, is amended by striking Code Section 10-1-700, relating to definitions, and inserting in lieu thereof a new Code Section 10-1-700 to read as follows:
"10-1-700. As used in this article, the term: (1) 'Commission' means compensation accruing to a sales representative for pay
ment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.
(2) 'Principal' means a person who does net have a permanent e* fiaeed pteee efbusiness in this state and who:
(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;
(B) Contracts with a sales representative to solicit orders for the product; and (C) Compensates the sales representative in whole or in part by commission. (3) 'Sales representative' means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Hammond of the 32nd 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 change a definition; to provide for applicabil ity of said article to principals who do business in this state; to provide for other matters relative to the foregoing; to regulate unfair or deceptive practices toward the elderly; to provide for definitions; to provide for civil penalties; to provide for determination of civil penalties; to provide for a cause of action; to provide for education initiatives; to provide for referrals; to provide for inherent power; to provide for confidentiality in certain circum stances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Code Section 10-1-700, relating to definitions, and inserting in lieu thereof a new Code Section 10-1-700 to read as follows:
"10-1-700. As used in this article, the term: (1) 'Commission' means compensation accruing to a sales representative for pay
ment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.
(2) 'Principal' means a person who does aet have a permanent er feed pteee ef business in this state and who:
(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;

2210

JOURNAL OF THE HOUSE,

(B) Contracts with a sales representative to solicit orders for the product; and (C) Compensates the sales representative in whole or in part by commission. (3) 'Sales representative' means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale."
Section 2. Said chapter is further amended by adding at the end thereof a new arti cle to read as follows:
"ARTICLE 31
10-1-850. As used in this article, the term: (1) 'Disabled person' means a person who has a physical or mental impairment
which substantially limits one or more of such person's major life activities. As used in this paragraph, 'physical or mental impairment' means any of the following:
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomi cal loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and
(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness. (2) 'Elder person' means a person who is 60 years of age or older. (3) 'Major life activities' includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (4) 'Substantially limits' means interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or men tal impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, or sprains or minor injuries. 10-1-851. When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each viola tion. 10-1-852. In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present: (1) Whether the defendant's conduct was in disregard of the rights of the elder or disabled persons; (2) Whether the defendant knew or should have known that the defendant's con duct was directed to an elder person or disabled person; (3) Whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct; (4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following:
(A) Mental or emotional anguish; (B) Loss of or encumbrance upon a primary residence of the elder or disabled person; (C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income;

MONDAY, MARCH 22, 1993

2211

(D) Loss of funds received under a pension or retirement plan or a government benefits program;
(E) Loss of property set aside for retirement or for personal or family care and maintenance; or
(F) Loss of assets essential to the health and welfare of the elder or disabled person; or (5) Any other factors the court deems appropriate. 10-1-853. An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual dam ages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to this article. 10-1-854. The administrator may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, the 'Uniform Deceptive Trade Practices Act,' and Articles 17 and 21 of this chapter, the penalties for violations of such articles, and the remedies available for victims of such violations. 10-1-855. The administrator may establish and maintain referral procedures with the Office of Aging within the Department of Human Resources in order to provide any nec essary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article. 10-1-856. Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' Notwithstanding any other provision of law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive practices under Part 2 of Article 15 of this chapter, the 'Fair Business Prac tices Act of 1975,' shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or the administrator's employees. Nothing contained in this Code section shall be construed to prevent the subject of the complaint, or any other person to whom disclosure of the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Brooks.D Y Brooks.T Y Brown Y Buck
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 Childera Y Clark Y Coker Y Coleman.B
Coleman.T Y Colwell
Connell Y Cox Y Crawford Y Crews Y Culbreth

Y Cummings Davis.G Davis,M
Y Dickinson Dix Dixon.H
Y Dixon.S Y Dobbs
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 Manner Y Harris,B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree

2212

JOURNAL OF THE HOUSE,

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
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 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,?
Y Stephenson Y Streat

Y Taylor E 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 Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Davis of the 60th 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 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.

The following Committee substitute was read:

A BILL
To amend Article 12 of Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to returns of elections and primaries, so as to authorize the clerk of superior court to designate the county records manager or the office or officer under the jurisdic tion of the county governing authority which maintains or is responsible for records to receive certain records and materials relating to elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 12 of Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to returns of elections and primaries, is amended by striking Code Section 21-2-500, relating to delivery of voting materials to the clerk of superior court, in its entirety and inserting in lieu thereof the following:
"21-2-500. Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used, unused, and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one

MONDAY, MARCH 22, 1993

2213

copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. The clerkj county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal2 {unless otherwise directed by the superior court^ for at least 24 months, after which they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerkj county records manager, or officer designated by the clerk until the adjournment of such grand jury2 and then they may be destroyed, unless otherwise provided by eewt order of the superior court."
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 ruled not germane:
Representative Teper of the 61st moves to amend the Committee substitute to SB 214 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the clerk of.
By striking line 8 of page 1 and inserting in lieu thereof the following:
"elections; to require the names of each political action committee and separate segre gated fund to include the name of its connected organization; to provide a definition; to provide for related matters; to provide an".
By striking line 15 of page 2 and inserting in lieu thereof the following:
"Section 2. Said title is further amended by adding a new Code section at the end of Article 1 of Chapter 5, relating to ethics in elections and government, to be desig nated Code Section 21-5-12, to read as follows:
'21-5-12. (a) As used in this Code section, the term "connected organization" means any organization, including any corporation, labor organization, membership organization, or cooperative, which is not a political action committee, as defined in this article, but which, directly or indirectly, establishes or administers a political action committee or which provides more than 40 percent of the funds of the political action committee for a calendar year.
(b) The name of each political action committee shall include the name of its con nected organization.
(c) The name of any separate segregated fund, as defined in Code Section 21-5-40, shall include the name of its connected organization.'
Section 3. This Act shall become effective upon".
By renumbering Section 3 as Section 4.
Representative Teper of the 61st moved that the ruling of the Chair be overruled.
On the motion, 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 N Breedlove N Brooks.D N Brooks.T
Brown N Buck

N Buckner Bunn
N Burkhalter N Byrd N Campbell N Canty

N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler

2214

JOURNAL OF THE HOUSE,

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
Davis.G N Davis.M N Dickinson
NDix Dixon.H
N Dixon,S N Dobbs N Dover N Ehrhart
N Epps N Evans N 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 N Hembree N Henson
Holland N Holmes
Howard N Hudson N Hughes N Hugley N James
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

Ladd N Lakly 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
McKinney.B N Milam N Mills N 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

On the motion, the ayes were 3, nays 156. The motion was lost.

N Pelote N Perry N Pinholster
Poag N Polak
Porter Y Poston N Powell N Purcell N Randall N Randolph NRay
Reaves N Reichert
Roberts N Royal
N Scoggins N Shanahan
N Sherrill
N Shipp N Simpson N Sinkfield
N Skandalakii N Skipper 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 Stancil.S N Stanley.L N Stanley,?
N Stephenson N Streat N Taylor
E Teague Y Teper N Thomas.C N Tillman N Titus N Towery
N Trense Turnquest
N Twiggs N Vaughan
Walker N Wall N Watson N Watts N Westmorland
White N Williams.B N Williams,R N Yates N Yeargin
Murphy,Spkr

Representative Johnson of the 148th stated that she inadvertently voted "aye" on the preceding roll call. She 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 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
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 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 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
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
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall

MONDAY, MARCH 22, 1993

2215

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 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 Y Streat Y Taylor E Teague

Y Teper Y Thomas.C
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, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a 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.

SB 279. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 35-8-20.1 of the Official Code of Georgia Anno tated, relating to training for police chiefs and department heads appointed after a certain date, so as to increase the training requirements for police chiefs and department heads appointed after December 31, 1992, to 60 hours of law enforcement chief executive training; to provide an effective date.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown
Buck 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 N Coleman.T

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G N Davis.M Y Dickinson
YDix Y Dixon.H
Dixon.S Y Dobbs Y 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
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 Y Johnson.D.H Y Johnson.E Y Johnson,G Y Johnson,J Y Johnston N 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 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 Y Patten Y Pelote N Perry Y Pinholster YPoag Y Polak Y Porter
Poston N Powell Y Purcell
Randall Y Randolph YRay
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 passage of the Bill, the ayes were 151, nays 12.

Y Smith.C Y Smith.L Y Smith.P Y Smith,T N 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
E Teague Teper
Y Thomas.C Y Tillman
Y Titus Y Towery Y Trense
Turnquest
Y Twiggs Y Vaughan
Walker Wall Y Watson Y Watts Y Westmoreland
Y White Y Williams.B Y Williams.R N Yates Y Yeargin
Murphy.Spkr

2216

JOURNAL OF THE HOUSE,

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

Representatives Dixon of the 150th 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.

SB 256. By Senator Henson of the 55th:
A bill to amend Code Section 53-3-6 of the Official Code of Georgia Anno tated, relating to procedure when a will is lost or destroyed and the presump tion of revocability, so as to provide for applicability language.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, is amended by adding a new subsection to read as follows:
"(c) This Code section shall apply to all petitions for probate pending on or after April 4, 1991."
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
Birdsong Bordeaux Bostick Y Breedlove Y Brooks.D Y Brooks.T Y Brown YBuck 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 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 Dixon.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 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 E Mann Y Martin
Y McBee Y McClinton
McKinney.B YMilam
Y Mills Y Mobley.B Y MobleyJ Y Moore Y Mosley
Mueller
Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten

MONDAY, MARCH 22, 1993

2217

Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall Y Randolph Y Ray

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 Y Snow Y Stancil.F Y Stancil.S Y Stanley.L Y Stanley,?

Y Stephenson Y Street Y Taylor E Teague
Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs

Y Vaughan Y Walker Y Wail 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 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following Committee substitute was read:

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to definitions regarding child abuse reports; 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 subcom mittees and their duties, meetings, organization, records, reports, disclosures, and liability; to change definitions; to provide for additional requirements for child abuse protocols and reports concerning compliance therewith; to change certain references from "chairman" to "chairperson" and certain pronouns; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsections (b) and (e) of Code Section 19-7-5, relating to reports of child abuse, and inserting in their respective places the following subsections:
"(b) As used in this Code section, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of disci pline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault abuse of a child; or (D) Sexual exploitation of a child. (E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child. (3.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, entic
ing, or coercing any minor who is not that person's spouse to engage in any act which involves:

2218

JOURNAL OF THE HOUSE,

(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. (4) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100." "(e) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protec tive services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and hfe the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Pho tographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permis sion of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority."
Section 2. Said title is further amended by striking Chapter 15 thereof, relating to child abuse, and inserting in its place a new chapter to read as follows:
"CHAPTER 15
19-15-1. As used in this chapter, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of disci pline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault abuse of a child; or (D) Sexual exploitation of a child.

MONDAY, MARCH 22, 1993

2219

(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, schoolteacher, school administrator, or school counselor or who is employed to render services to chil dren by the Department of Human Resources or any county board of health or county department of family and children services.
(5) 'Committee' means a child abuse protocol committee established pursuant to Code Section 19-15-2.
(6) 'Panel' means the State-wide Child Fatality Review Abuse Prevention Panel created by Code Section 19-15-4.
(7) 'Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-15-3.
(7.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, entic ing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts: (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. (8) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (9) 'Subcommittee' means the child fatality review subcommittee established pur suant to Code Section 19-15-3. 19-15-2. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meet ing. Thus established, the committee shall thereafter elect a chairperson from its mem bership. (c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee: (A) The office of the sheriff; (B) The county department of family and children services; (C) The office of the district attorney; (D) The juvenile court;
(E) The magistrate court;
(F) The county board of education;
(G) The county mental health organization;
(H) The office of the chief of police of a county in counties which have a county police department;
(I) The office of the chief of police of the largest municipality in the county;

2220

JOURNAL OF THE HOUSE,

(J) The county board of health, which shall designate a physician to serve on the committee; and
(K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a repre sentative from a local citizen or advocacy group which focuses on child abuse aware ness and prevention. \Q.) i. lie Criici superior court jtide OF, fitter tne iirst meeting trie JLQCII cornmittGC shall elect or appoint a chairperson who shall convene the first meeting and be responsi ble for ensuring that written protocol procedures are followed by all agencies. That per son can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The child abuse protocol committee thus established may appoint such addi tional members as necessary and proper to accomplish the purposes of the committee.
(e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency in the county han dling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child.
(f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child.
(g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and may meet frem time te twae shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modify ing and updating same.
(h) Each committee shall adopt or amend its written child abuse protocol no later than December 1^ 1993, to specify the circumstances under which law enforcement offi cers will and will not be required to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators, the committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each com mittee shall establish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol will be further amended to specify procedures to be adopted by the committee to ensure that written protocol procedures are followed. The committee shall meet at least semi-annually and shall issue a report no later than the first day of July in 1994 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing authority and the fall term grand jury of the judicial circuit.
(i) Within 12 months after this subsection becomes effective, members of each com mittee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Resources shall provide such training.
19-15-3. (a) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation pursuant to Code Section 45-16-24, that medical examiner at the same

MONDAY, MARCH 22, 1993

2221

time shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death.
(b) The chairperson for each committee shall establish a subcommittee composed of members of the committee. The subcommittee shall be the child fatality review subcom mittee for that committee. When a A committee which receives a report pursuant to subsection (a) of this Code sectio^ the chairperson of the committee shall assign that report to the child fatality review subcommittee of that committee. That subcommittee shall meet and review the report within ten days after receipt and conduct its own investigation into the death of the child named in that report. The committee subcom mittee may obtain from any superior court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of wit nesses when that judge has made a finding that such documents or witnesses are neces sary for the committcc'a subcommittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. The committee subcommittee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The committcc'a subcommittee's report shall be completed within 20 days, Saturdays, Sundays, and holi days excluded, following the first meeting of the committee subcommittee held after the committee received the medical examiner's report. The committee's subcommittee's report shall:
(1) State the circumstances leading up to death and cause of death; (2) Detail any agency involvement prior to death, including the beginning and end ing dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities; (3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death; (4) State whether court intervention had ever been sought; (5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; and (6) Make recommendations for possible prevention of future deaths of similar inci dents for children who are at risk for such deaths. (c) The committee subcommittee shall transmit a copy of its report within 15 days following its completion to the Department of Human Resources and to the panel. The committee subcommittee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was cre ated if the report concluded that the child named therein died as a result of: (1) Sudden Infant Death Syndrome when no autopsy was performed to confirm
the diagnosis; (2) Accidental death when it appears that the death could have been prevented
through intervention or supervision; (3) Any sexually transmitted disease; (4) Medical causes which could have been prevented through intervention by an
agency or by seeking medical treatment;
(5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious;
(6) Suspected or confirmed child abuse;
(7) Trauma to the head or body; or
(8) Homicide. (d) Each subcommittee of a committee shall issue an annual report no later than the first day of July in 1994 and in each year thereafter. The report shall specify the num bers of reports received by that committee from a medical examiner pursuant to subsec tion (a) of this Code section for the 12 month period prior to the issuance of the report and the number of reports of death investigations prepared by the subcommittee during such period. The annual report shall be published at least once in the legal organ of the county for which the committee was established with the expense of such publication paid by such county. No later than the fifteenth day of July in 1994 and in each year

2222

JOURNAL OF THE HOUSE,

thereafter a copy of that annual report shall also be transmitted to the judiciary com mittees of the House and Senate.
19-15-4. (a) There is created the State-wide Child Fatality Review Abuse Preven tion Panel which shall be composed as follows:
(1) One district attorney; (2) One juvenile court judge; (3) One citizen member who is not employed by or an officer of the state or any political subdivision thereof; (4) One forensic pathologist; (5) The chairman chairperson of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Depart ment of Human Resources; and (7) The director of the Georgia Bureau of Investigation. (b) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin July 1, 1990, and expire June 30, 1992, and until their respective successors are appointed and qualified. Thereafter, successors to such members whose terms of office are to expire shall be appointed for terms beginning on July 1 of the year in which such terms expire and shall serve for terms of two years and until their respective successors are appointed and qualified. Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. Members of the panel specified in paragraphs (5) through (7) of subsection (a) of this Code section shall serve during the time such persons hold the offices or posi tions specified therein. (c) Those members of the panel described in paragraphs (4) through (7) of subsec tion (a) of this Code section shall receive no additional compensation for their services on the panel but shall receive the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study commit tees, which shall be payable from the department or agency of which such member is an employee or officer. The remaining members of the panel shall receive from state funds no compensation, expenses, or allowances for such services on the panel. (d) The chairman chairperson of the Board of Human Resources shall serve as chairflwm chairperson of the panel. The panel shall meet yearly to review the reports of com mittees subcommittees and shall meet when requested to do so by the Governor. The chairman chairperson shall review each report submitted to the panel by a committee subcommittee and may call a special meeting of the panel to review any report when the chairman chairperson has concluded the report warrants expedited review and has been requested by the submitting committee subcommittee to make such expedited review. (e) At the end of each calendar year, the panel shall submit a report to the Governor regarding the prevalence and circumstances of child fatalities in the state, recommend measures to reduce such fatalities caused by other than natural causes, and shall address in the report the following issues: (1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) Whether agency intervention could have prevented their deaths;
(4) Whether policy, regulatory, or statutory changes are called for as a result of these findings; and
(5) Whether any referral should have been made to a law enforcement agency which was not made.
(f) The panel shall also establish procedures for the conduct of investigations by committees subcommittees into deaths of children and may obtain the assistance of child protection professionals in establishing such procedures.
19-15-5. Meetings and proceedings of:
(1) A committee or subcommittee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meet ings; and

MONDAY, MARCH 22, 1993

2223

(2) The panel shall be open to the public as long as information identifying a deceased child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying informa tion is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-15-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being obtained, considered, or both, by either a committeez a subcommittee, or the panel. (b) Notwithstanding any other provision of law to the contrary, reports of a eommittee subcommittee made pursuant to Code Section 19-15-3 and reports of the panel made pursuant to Code Section 19-15-4 shall be public records and shall be released to any person making a request therefor but the panel or committee subcommittee having pos session of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased child, any family member of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse. (c) Statistical compilations of data by a committee subcommittee or the panel based upon information received thereby and containing no information which would permit the identification of any person shall be public records. (d) Members of a committee^ a subcommittee, or of the panel shall not disclose what transpires at any meeting other than one made public by Code Section 19-15-5 nor dis close any information the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this sub section shall be guilty of a misdemeanor. (e) A person who presents information to a committeez a subcommittee, or the panel or who is a member of cither any such body shall not be questioned in any civil or crim inal proceeding regarding such presentation or regarding opinions formed by or confi dential information obtained by such person as a result of serving as a member of either any such body. This subsection shall not be construed to prohibit any person from testi fying regarding information obtained independently of a committeej a subcommittee, or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge. (f) Except as otherwise provided in this Code section, information acquired by and records of a committee2 a subcommittee, or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding. (g) A member of a committeej a subcommittee, or the panel shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this Code section. 19-15-7. Nothing in this chapter shall be construed to authorize or require the inspection of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Lawrence of the 64th and Groover of the 125th move to amend the Committee substitute to SB 1 as follows:
By adding after "minor" on line 12 page 3 and line 22 page 6 the following:
"this provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent."

2224

JOURNAL OF THE HOUSE,

Representative Cauthorn of the 35th, et al. move to amend the Committee substitute to SB 1 by adding after the semicolon on line 6 of page 1 the following:
"to provide that such reports and information contained therein which become part of records compiled for law enforcement or prosecution purposes will not be subject to public inspection except under specified conditions;".
By adding between lines 20 and 21 of page 4 the following:
"Section 1.1. Said title is further amended by adding at the end of said Code Section 19-7-5 the following:
'(i) A report of child abuse or information relating thereto and contained in such report, when provided to a law enforcement agency or district attorney pursuant to subsection (e) of this Code section or pursuant to Code Section 49-5-41, shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50 even though such report or information is contained in or part of closed records compiled for law enforcement or prosecution purposes unless:
(1) There is a criminal or civil court proceeding which has been initiated based in whole or in part upon the facts regarding abuse which are alleged in the child abuse reports and the person or entity seeking to inspect such records provides clear and convincing evidence of such proceeding; or
(2) The superior court in the county in which is located the office of the law enforcement agency or district attorney which compiled the records containing such reports, after application for inspection and a hearing on the issue, shall permit inspection of such records by or release of information from such records to individ uals or entities who are engaged in legitimate research for educational, scientific, or public purposes and who comply with the provisions of this paragraph. When those records are located in more than one county, the application may be made to the superior court of any one of such counties. A copy of any application authorized by this paragraph shall be served on the office of the law enforcement agency or dis trict attorney which compiled the records containing such reports. In cases where the location of the records is unknown to the applicant, the application may be made to the Superior Court of Fulton County. The superior court to which an appli cation is made shall not grant the application unless:
(A) The application includes a description of the proposed research project, including a specific statement of the information required, the purpose for which the project requires that information, and a methodology to assure the informa tion is not arbitrarily sought;
(B) The applicant carries the burden of showing the legitimacy of the research project; and
(C) Names and addresses of individuals, other than officials, employees, or agents of agencies receiving or investigating a report of abuse which is the subject of a report, shall be deleted from any information released pursuant to this sub section unless the court determines that having the names and addresses open for review is essential to the research and the child, through his or her representative, gives permission to release the information.'"

The 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
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates 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 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

MONDAY, MARCH 22, 1993

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
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

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,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 Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote 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 Sinkfleld Y Skandalakis Y Skipper

2225
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 Y Streat Y Taylor E 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 Williams,R Y Yates 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.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to change provisions relating to bicycle safety; to define certain terms; 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; to provide that failure to wear a helmet shall not be considered to constitute negligence or contributory negligence; to provide that persons under 16 years of age shall not be subject to any fine or imprison ment for any failure to wear a helmet; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

2226

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended in Code Section 40-1-1, relating to definitions of terms, by adding new paragraphs (6.1), (6.2), and (6.3) to read as follows:
"(6.1) 'Bicycle path' means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle riders.
(6.2) 'Bicycle trailer' means every device pulled by a bicycle and designed by the manufacturer of such device to carry human passengers.
(6.3) 'Infant sling' means every device which is designed by the manufacturer to be worn by a person for the purpose of carrying an infant either on the chest or back of the wearer."
Section 2. Said title is further amended in Code Section 40-6-292, relating to riding and carrying passengers on bicycles, by adding new subsections (c), (d), (e), and (f) to read as follows:
"(c) No person shall transport a child under the age of one year as a passenger on a bicycle on a highway, roadway, bicycle path, or sidewalk; provided, however, that a child under the age of one year may be transported on a bicycle trailer or in an infant sling so long as such child is seated in the bicycle trailer or carried in an infant sling according to the bicycle trailer's or infant sling's manufacturer's instructions, and the bicycle trailer is properly affixed to the bicycle according to the bicycle trailer's manu facturer's instructions or the infant sling is properly worn by the rider of the bicycle according to the infant sling's manufacturer's instructions and such child transported in a bicycle trailer or infant sling is wearing a bicycle helmet as required under paragraph (1) of subsection (e) of Code Section 40-6-296.
(d) No child between the ages of one year and four years shall ride as a passenger on a bicycle or bicycle trailer or be transported in an infant sling unless the child is securely seated in a child passenger bicycle seat, bicycle trailer, or infant sling according to the child passenger bicycle seat's, bicycle trailer's, or infant sling's manufacturer's instructions and the child passenger seat or bicycle trailer is properly affixed to the bicy cle according to the child passenger bicycle seat's or bicycle trailer's manufacturer's instructions or the infant sling is worn according to the infant sling's manufacturer's instructions.
(e) Violation of subsections (c) and (d) of this Code section shall not constitute negli gence per se nor contributory negligence per se or be considered evidence of negligence or liability.
(f) No person under the age of 16 years failing to comply with subsections (c) and (d) of this Code section may be fined or imprisoned."
Section 3. Said title is further amended in Code Section 40-6-296, relating to bicycle equipment, by adding a new subsection (e) to read as follows:
"(e) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.
(2) For the purposes of this subsection, the term 'bicycle helmet' means a piece of protective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.
(3) For the purposes of this subsection, a person shall be deemed to wear a helmet only if a helmet of good fit is fastened securely upon the head with the straps of the helmet.
(4) No bicycle without an accompanying protective bicycle helmet shall be rented or leased to or for the use of any person under the age of 16 years unless that person is in possession of a bicycle helmet at the time of the rental or lease.
(5) Violation of any provision of this subsection shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liabil ity.

MONDAY, MARCH 22, 1993

2227

(6) No person under the age of 16 failing to comply with any provision of this sub section may be fined or imprisoned."
Section 4. If any provision of this Act is held by a court to be invalid, such invalidity shall not affect the remaining provisions of this Act; and to this end the provisions of this Act are declared severable.
Section 5. This Act shall become effective July 1, 1993.
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
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Benefield Birdsong Y Bordeaux Y Bostick N Breedlove N 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
Coleman.T

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

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

Y Mobley,B Y Mobley,J Y Moore
Y Mosley Y Mueller N Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry N 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
Sinkfield Y SkandalakiE
Skipper

Y Smith.C Y Smith.L Y Smith,? N Smith.T N 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 E Teague Y Teper Y Thomas.C N Tillman Y Titus Y Towery N Trense Y Turnouest Y Twiggs Y Vaughan Y Walker Y 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 135, nays 23.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Dixon of the 150th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

2228

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to reports of child abuse, so as to change the provisions relating to defini tions; to change which persons or entities may have such access and the conditions thereof; 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 49 of the Official Code of Georgia Anno tated, relating to reports of child abuse, is amended by striking subsection (a) of Code Sec tion 49-5-40, relating to definitions, and inserting the following subsection:
"(a) As used in this article, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of disci pline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault abuse of a child; er (D) Sexual exploitation of a child?; or (E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenents and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child. (3.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, entic
ing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. (4) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."
Section 2. Said article is further amended by striking from subsection (a) of Code Section 49-5-41, relating to access to reports of child abuse, "; and" at the end of para graph (6) and inserting a semicolon in its place, by striking the period at the end of para graph (7) and inserting a semicolon in its place, and by adding immediately thereafter the following:

MONDAY, MARCH 22, 1993

2229

"(8) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected abuse or any child abuse protocol committee or subcommittee thereof created pursuant to Chap ter 15 of Title 19, it being found by the General Assembly that the disclosure of such information is necessary in order for such entities to carry out their legal responsibilities to protect children from abuse and neglect, which protective actions include bringing criminal actions for such abuse or neglect, and that such disclosure is therefore permissi ble and encouraged under the 1992 amendments to Section 107 (b) (4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4);
(9) Any foster parent with whom a child protective agency has currently placed or is considering placing a child who is not such foster parent's biological or adopted child, but such access shall be limited to records concerning reports of abuse of only such child; and
(10) The Governor or the Attorney General when such officer makes a written request to the commissioner of the department which specifies the name of the child for which such access is sought and which describes such officer's need to have access to such records in order to determine whether the laws of this state are being complied with to protect children from abuse and neglect and whether such laws need to be changed to enhance such protection, for which purposes the General Assembly finds such disclosure is permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106
and by striking paragraph (2) of subsection (c) thereof and inserting in its place a new paragraph (2) to read as follows:
\) roiice OP &ny Ovfi&f isw &ftiorccmcut fluency ot tins stfttc of ftfty otrier stfltc or flny meoicfli exftoimei1 OF COFOHCF investi^&tin ft report of Known or suspected cfiiid abuse Reserved;".
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Groover of the 125th moves to amend the Committee substitute to SB 2 as follows:
By striking "or the Attorney General" on line 13 page 4 and inserting:
", the Attorney General, the Lieutenant Governor or the Speaker of the House of Rep resentatives".
Representatives Lawrence of the 64th and Groover of the 125th move to amend the Committee substitute to SB 2 as follows:
By adding after "minor" on line 8 page 3 the following:
"this provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent."

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

Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks.D

2230

JOURNAL OF THE HOUSE,

Brooks.T Y Brown YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle
Carrell 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 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 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 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 Maddox EMann 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 Y Orrock Y Padgett Y Parham
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
Streat Y Taylor
E Teague Y Teper
Y Thomas.C Y TiUman 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, by substitute, as amended, the ayes were 165, nays 0.
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.

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.

The following Committee substitute was read and adopted:

A BILL
To amend various provisions of the Official Code of Georgia Annotated relating to safety, health, and welfare of the public and of minors and children in particular; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relat ing to juvenile court proceedings, so as to change provisions relating to disposition orders and temporary transfers of custody of children found to be deprived; to provide for retransfers of custody under certain circumstances; to provide for orders regarding child placement and custody; 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, so as to provide

MONDAY, MARCH 22, 1993

2231

for offering certain expert testimony and evidence of certain defendants' having been vic tims of certain acts of family violence or child abuse committed by a deceased person; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile court proceedings, is amended by striking Code Section 15-11-34, relating to disposition of deprived children, and inserting in its place a new Code section to read as follows:
"15-11-34. (a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child:
(1) Permit the child to remain with his or her parents, guardian, or other custo dian, including a putative father, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child;
(2) Subject to conditions and limitations as the court prescribes, transfer tempo rary legal custody to any of the persons or entities described in this paragraph. With out limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:
(A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child;
(B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;
(C) Any public agency authorized by law to receive and provide care for the child; or
(D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-46; or (3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising juris diction over juveniles if authorized by and in accordance with Code Section 15-11-44 if the child is or is about to become a resident of that state. (b) Unless a child found to be deprived is found also to be delinquent, he such child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children. (c) Notwithstanding any other provision of law, the court after transferring tempo rary legal custody of a child to the Division of Family and Children Services within the Department of Human Resources may at any time conduct sua sponte a judicial review of the current placement plan being provided to said child. After its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a change of custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed. (d) A juvenile court shall not be required to make an order of disposition pursuant to this Code section regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3j 4j or 7 of Title 37 unless the child is to be discharged into the physical custody of any person who had such cus tody when the court made its most recent finding that such child was deprived."

2232

JOURNAL OF THE HOUSE,

Section 2. Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to use of force in defense of self or others, is amended by adding at the end a new subsec tion to read as follows:
"(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of family vio lence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defend ant at the time of the offense, including those relevant facts and circumstances relat ing to the family violence or child abuse that are the bases of the expert's opinion."
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
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
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 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
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 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
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 YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley.P Y Stephenson Y Streat Y Taylor
E 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
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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 89 was postponed until tomorrow.

MONDAY, MARCH 22, 1993

2233

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.

The following amendment was read and adopted:

Representative Cauthorn of the 35th, et al. move to amend SB 244 by striking line 4 of page 1 and inserting in lieu thereof the following:
"provide for the admissibility of certified documents transmitted by facsimile in cer tain circumstances; to provide for fees and records; to provide that the foregoing provi sion does not require a public officer to obtain or maintain facsimile equipment; to provide for reproductions that accurately reproduce or form".
By striking line 12 of page 1 and inserting in lieu thereof the following:
"amended by striking in its entirety Code Section 24-5-20, relating to exemplifications of public records, and inserting in lieu thereof a new Code section to read as follows:
'24-5-20. (a) Exemplifications made by public officers of records, documents, papers, or other matters in their respective offices, pursuant to Code Sections 24-7-20 and 24-7-21 or in the manner set out in subsection (b) of this Code section, shall be primary evidence as to all records or other things required by law to remain in such offices, but only secondary evidence as to such documents as by law properly remain in the possession of the party.
(b) As an alternative to an exemplification made by any public officer of the records, documents, papers, or other matters in the office of such public officer in accordance with Code Sections 24-7-20 and 24-7-21, an exemplification transmitted by facsimile or a copy of an exemplification transmitted by facsimile is admissible ifc
(1) The certification by the public officer includes a statement that the certified document is being transmitted by facsimile and the telephone number and location of the facsimile machine transmitting the facsimile; and
(2) Each page of the document shows the telephone number of the transmitting facsimile machine to be identical to the telephone number shown as a part of the certification by the public officer.
This subsection shall not be construed to require public officers to obtain or maintain facsimile equipment. Public officers are authorized to collect the usual cost of providing exemplifications as provided by law and a reasonable fee for the cost of telephone fac simile transmission. Public officers are authorized to maintain a record of facsimile exemplifications, which may but is not required to include the retention of the exempli fication as transmitted by facsimile.'
to"S.ection 2. Said article is further amended by striking Code Section 24-5-26, relating

By renumbering Section 2 as Section 3.

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

2234
Y Ashe Y Atkins Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostkk 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 Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

JOURNAL OF THE HOUSE,

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davia.M Y Dickinson
YDix Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Ehrhart YEpps
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
Hart 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 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 YMcBee Y McClinton
McKinney.B Y Milam 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 YPoag Y Polak Y Porter
Y Postal 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,? 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 E 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 Y Westmorland Y White Y Williams,B Y Williams,R YYates Y Yeargin
Murphy.Spkr

On the passage of the Bill, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Bannister of the 77th 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 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 265 Do Pass, by Substitute SB 388 Do Pass

SB 390 Do Pass SB 389 Do Pass

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

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

MONDAY, MARCH 22, 1993

2235

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), and by an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), so as to revise commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submis sion of this Act to the United States Attorney General; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), by an Act approved March 29, 1973 (Ga. L. 1973, p. 2462), by an Act approved March 5, 1974 (Ga. L. 1974, p. 2128), by an Act approved April 12, 1982 (Ga. L. 1982, p. 4148), and by an Act approved March 28, 1990 (Ga. L. 1990, p. 4531), is amended by striking Section 2 of the amendatory Act of 1952 (Ga. L. 1952, p. 2672), as amended by the amendatory Act of 1973 (Ga. L. 1973, p. 2462), the amendatory Act of 1974 (Ga. L. 1974, p. 2128), the amendatory Act of 1982 (Ga. L. 1982, p. 4148), and the amendatory Act of 1990 (Ga. L. 1990, p. 4531), and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. (a) For the purpose of electing the members of the board of commis sioners, there shall be seven commissioner districts to be designated Commission Dis tricts 1 through 7, and one commissioner shall be elected from each of said districts. For the purpose of electing the commissioners, Fulton County shall be divided into commis sioner districts as follows:
Commissioner District 1
FULTON COUNTY The entire County of Fulton
Commissioner District 2
FULTON COUNTY The entire County of Fulton
Commissioner District 3
FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 VTD: OOP3 NC05

2236

JOURNAL OF THE HOUSE,

VTD: OOP4 NC06 VTD: OOP5 NC07 VTD: OOP6 NCOS VTD: OOP? NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOW3 SS15 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09
Commissioner District 4
FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0084 6H VTD: 0085 6J VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB9 8L VTD: OOC1 8M VTD: OOC4 8R VTD: OOC7 8V VTD: OOU8 SS02

MONDAY, MARCH 22, 1993

2237

VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X5 SS23
Commissioner District 5
FULTON COUNTY VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0046 3H VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0058 4D VTD: 0061 4G VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 48 VTD: 0071 4T VTD: OOB8 8K VTD: OOC2 8N VTD: OOC3 8P VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D

2238

JOURNAL OF THE HOUSE,

VTD: OOF2 IDE VTD: OOF3 10F VTD: OOF4 10G VTD: OOF5 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOGl ION VTD: OOG2 11A VTD: OOG8 11G VTD: OOG9 11H VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOK1 12L VTD: OOT7 SC14 VTD: 00X7 9T
Commissioner District 6
FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0044 3F VTD: 0045 3G VTD: 0047 3J VTD: 0056 4B VTD: 0057 4C VTD: 0059 4E VTD: 0062 4H VTD: 0064 4K VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B

MONDAY, MARCH 22, 1993

2239

VTD: 0082 6F VTD: 0083 6G VTD: 0086 6K VTD: 0087 6N VTD: OOA3 7P VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E (Part)
Tract: 0074. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113
VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OON5 HP02
Commissioner District 7
FULTON COUNTY VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOH1 11J VTD: OOH5 UN VTD: OOH6 HP VTD: OOH7 11R VTD: OOJ4 12E (Part) Tract: 0074. Block(s): 201, 202, 203, 204, 208, 209, 211A, 212A, 213 Tract: 0075. Block(s): 201, 203A, 204A, 205, 206, 207, 208, 209, 210A, 211A, 301 Tract: 0108. Block(s): 616A, 628A, 629, 630 Tract: 0110. Block(s): 114B VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10

2240

JOURNAL OF THE HOUSE,

VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SCO?
(b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(3) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district con tains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Geor gia shall control;
(4) Any part of Fulton County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of Fulton County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (c) All members of the board of commissioners shall be qualified electors of Fulton County and shall be at least 21 years of age as of the date of taking office. All of said members shall have been residents of their respective districts for at least one year as of- the date of their taking office. The commissioner from Commissioner District 1 shall be the chairperson of the board of commissioners and shall be elected by a majority of the qualified electors of the entire County of Fulton voting at the elections provided for in this Act. The commissioner from Commissioner District 2 shall be elected by a major ity of the qualified electors of the entire County of Fulton voting at the elections pro vided for in this Act. The members from Commissioner Districts 3 through 7 shall be

MONDAY, MARCH 22, 1993

2241

residents of their respective commissioner districts, and each such member shall be elected by a majority vote of the qualified electors voting within the member's respective commissioner district at the elections provided for in this Act. Any person offering as a candidate for commissioner shall designate the commissioner district for which he or she is offering. All members of said board of commissioners shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
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 Fulton County to submit this Act to the United States Attorney General for approval.
Section 3. Except for the provisions of this Act relating to and necessary for the elec tion of the members of the Board of Commissioners of Fulton County at the general elec tion of 1994, this Act shall become effective on January 1, 1995. The provisions of this Act relating to and necessary for the election of members of said board of commissioners at the general election of 1994 shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 388. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb County Stadium Authority so as to change the provisions relating to the appointment of members to the Authority and their terms of office; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 390. By Senators Alien of the 2nd and Coleman of the 1st:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, as amended, so as to change the compensation of certain 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 96, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

Representatives Dixon of the 150th and Bordeaux of the 151st stated that they would like to be recorded as voting "nay" on SB 390.

2242

JOURNAL OF THE HOUSE,

SB 389. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, as amended, so as to change the provision regarding the term of office of the member of the authority appointed by the board of commis sioners of Cobb County; to provide for terms of office of four years for cer tain members of the authority; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 3.
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's insistence on its position in substituting the same:

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.

Representative Cummings of the 27th moved that the House insist on its position in disagreeing to the Senate substitute to HB 750 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Cummings of the 27th, Twiggs of the 8th and McBee of the 88th.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendments thereto:

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 following Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 786 by striking "or an agent or" and inserting in its place "or an" on line 14 of page 1.

MONDAY, MARCH 22, 1993

2243

SENATE AMENDMENT No. 2
Amend HB 786 by adding on Page 1, line 10 after (39):
"and (40)";
and
by adding on Page 1, line 17:
"(40) Sales by any public or private school containing any combination of grades kin dergarten through 12 of concessions or of tickets for admission to a school athletic, band, choral, or theatrical event, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students";

SENATE AMENDMENT No. 3
Amend HB 786 by adding a new Section 2 on line 17 as follows:
"Section 2. The sale of electricity for chloralkali manufacturing processes when made to any purchaser for purposes other than resale shall constitute a retail sale."

Representative Hudson of the 156th moved that the House disagree to the Senate amendments to HB 786.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Barnes of the 33rd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 689 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 13th, Barnes of the 33rd and Hudson of the 156th.

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 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.

2244

JOURNAL OF THE HOUSE,

Representative Parham of the 122nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 223 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Parham of the 122nd, Bargeron of the 120th and Lord of the 121st.

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 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 Anno tated, relating to county and municipal excise tax levies on public accommo dations 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.

Representative Johnson of the 84th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 472 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Dover of the 9th, Johnson of the 84th and Dix of the 76th.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

Representative Carlisle of the 107th moved that the House insist on its position in substituting SR 21.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:

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.

MONDAY, MARCH 22, 1993

2245

The following Senate substitute was read:

A BILL
To amend Titles 21 and 28 of the Official Code of Georgia Annotated, relating to elec tions and the General Assembly, respectively, so as to change the composition of certain congressional districts and certain Georgia senatorial districts; to provide for related mat ters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in Code Section 21-2-4, relating to designation of congressional districts, by striking the descriptions of congressional districts No. 2, 3, 4, 6, and 8 and inserting in their respective places new descriptions to read as follows:
"District: 2
TALBOT COUNTY TAYLOR COUNTY MARION COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130.

2246

JOURNAL OF THE HOUSE,

Block(s): 201C, 202, 231C, 232B, 273B, 274C, 275, 276B, 277B, 278B, 279C, 281B, 281C
Tract: 0135.02 Block(s): 128, 131, 132, 201, 202, 203, 204, 213, 214, 215, 301, 302, 304, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02
VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05
VTD: 0040 VINEVILLE 07 (Part) Tract: 0102.
Block(s): 204, 205, 215, 301, 302, 303, 305, 306 Tract: 0103.
Block(s): 202, 203 VTD: 0041 VINEVILLE 08 (Part)
Tract: 0119. Block(s): 104, 105, 106, 111, 115
VTD: 0043 MACON 02 VTD: 0044 MACON 01
CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208,
209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247,
248, 249, 250
Tract: 0202. Block(s): 901A, 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part)
Tract: 9709. Block(s): 305, 306, 307
VTD: 0004 FUNSTON (Part)
Tract: 9709. Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321
VTD: 0006 HARTSFIELD
VTD: 0010 MOULTRIE (Part) Tract: 9703.
Block(s): 216, 433, 523, 524, 525, 616, 617 Tract: 9704.
Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227,
228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258,
259, 260, 261, 262, 263, 264, 265

MONDAY, MARCH 22, 1993

2247

Tract: 9707. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334
Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C
Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0018 SHAW CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367
Tract: 9802. Block(s): 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 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640
VTD: 0008 PINEHURST 1479
VTD: 0009 UNADILLA 1466
VTD: 0010 LILLY 1671
DOUGHERTY COUNTY
VTD: 0007 BROAD AVENUE SCHOOL

2248

JOURNAL OF THE HOUSE,

VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0027 SYLVANDALE ELEMENTARY SCH HOUSTON COUNTY VTD: 0001 RUMB (Part)
Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246
Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418
Tract: 0208. Block(s): 401, 402
VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 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
VTD: 0008 NSJH (Part)
Tract: 0201.01
Block(s): 117, 118A, 118B
Tract: 0201.02

MONDAY, MARCH 22, 1993

2249

Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 204, 205, 210 Tract: 0202. Block(s): 408
VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 303
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513
LEE COUNTY VTD: 0001 CHOREE
VTD: 0003 LEESBURG (Part)
Tract: 0202.
Block(s): 160, 162, 163, 192, 194, 195, 196
Tract: 0203.
Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549

2250

JOURNAL OF THE HOUSE,

VTD: 0006 SMITHSVILLE LOWNDES COUNTY
VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 463, 464, 465, 466, 473, 474, 484, 488, 489, 490, 491, 492
VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305C, 305D Tract: 0103. Block(s): 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240 Tract: 0104. Block(s): 136A, 138A, 140A, 142A, 143
VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST
PK CHURCH (Part) Tract: 0106.
Block(s): 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108. Block(s): 204B, 207
VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 457, 458, 459, 493, 494, 495, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101.
Block(s): 287, 288, 305L, 307, 308 Tract: 0103.
Block(s): 220C, 220D, 220E, 220F, 220G, 223B Tract: 0104.
Block(s): 136B, 137, 138B, 140B, 141, 142B VTD: 0019 CRAIG RECREATION CENTER MERIWETHER COUNTY VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 529, 530, 531, 532, 533, 534, 535, 536, 537, 628, 629, 630, 631, 632, 633, 634, 635, 638, 639, 640, 641, 646, 647, 732
VTD: 0008 GILL TWO VTD: 0010 DURAND (Part)
Tract: 9706.
Block(s): 217, 218, 219, 275, 276, 277, 302, 318, 319, 320, 322, 323, 324, 326, 327, 328, 329, 330, 335, 348, 349, 351, 352, 353, 354, 355, 356, 357, 358, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 393, 394
VTD: 0012 GREENVILLE-EIGHT
VTD: 0013 RALEIGH
MUSCOGEE COUNTY
VTD: 0001 COURTHOUSE

MONDAY, MARCH 22, 1993

2251

VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0006 WYNNTON (Part)
Tract: 0023. Block(s): 120, 121, 122
VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS (Part)
Tract: 0106.04 Block(s): 311, 315, 319, 320, 321, 323, 324, 325, 326, 327, 349
VTD: 0013 REGENCY HEIGHTS VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 306, 309, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414
VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209 Tract: 0018. Block(s): 105
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
District: 3
FAYETTE COUNTY COWETA COUNTY

2252

JOURNAL OF THE HOUSE,

SPALDING COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9702. Block(s): 202A, 206A
Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 221, 222A, 222B, 223, 224
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3
VTD: 0005 FOREST PARK 4
VTD: 0006 FOREST PARK 5
VTD: 0007 JONESBORO 1
VTD: 0008 JONESBORO 2
VTD: 0009 JONESBORO 3

MONDAY, MARCH 22, 1993

2253

VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part)
Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912
VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206
Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469
Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109
VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE
VTD: 0055 SHAKERAG
VTD: 0060 SIXTH
VTD: 0065 STOCKBRIDGE
VTD: 0070 SWAN LAKE (Part)
Tract: 0701.02
Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146,

2254

JOURNAL OF THE HOUSE,

147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW
JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02
Block(s): 108, 111, 113, 114, 115, 116, 124, 125 Tract: 0302.
Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316B, 316C, 317B, 318B, 320, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 349, 351, 352, 353, 354, 355, 356, 357, 377, 378, 379, 465B
VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY
VTD: 0004 POPE VTD: 0005 ROBERTS (Part)
Tract: 0301.02 Block(s): 201, 202, 203, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
Tract: 0303.
Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559
VTD: 0006 SANDERS VTD: 0007 DAVIDSON
MERIWETHER COUNTY VTD: 0001 LONE OAK
VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 325, 326, 327, 328, 540, 636, 637, 642, 643, 644, 645, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714A, 714B, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724,
725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739,
VTD: 0009 WARM SPRINGS VTD: 0010 DURAND (Part)
Tract: 9706.
Block(s): 312, 313, 314, 315, 316, 317, 331, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 350, 359, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 395, 396, 397
VTD: 0011 ODESSADALE-SEVENTH
MUSCOGEE COUNTY VTD: 0006 WYNNTON (Part)
Tract: 0011. Block(s): 201, 202, 203, 204, 206, 207, 208, 221
Tract: 0012.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405,
406, 407, 408, 409, 410, 411 Tract: 0023.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113,
114, 115, 116, 117, 118, 119

MONDAY, MARCH 22, 1993

2255

VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 233, 303, 312, 316, 317, 318, 322, 329, 332, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343, 344
VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 307, 308, 401, 402, 403, 407, 408, 411, 414
Tract: 0110. Block(s): 119B, 122
VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413
VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018.
Block(s): 106, 113, 114, 201
Tract: 0019.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
VTD: 0027 CLUBVIEW
VTD: 0028 BIBB CITY

2256

JOURNAL OF THE HOUSE,

VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON
District: 4
ROCKDALE COUNTY DEKALB COUNTY
VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0037 DUNWOODY VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH

MONDAY, MARCH 22, 1993

2257

VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: GOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBR VERMACK VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0010 408A VTD: 0011 408B
VTD: 0012 408C
VTD: 0013 408D
VTD: 0014 408E
VTD: 0015 408F
VTD: 0016 408G

2258

JOURNAL OF THE HOUSE,

VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0054 1578D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F (Part)
Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813
Tract: 0505.09 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603
Tract: 0507.05 Block(s): 120, 121, 162A, 162B, 163
VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0075 406R VTD: 0076 571D VTD: 0077 571B VTD: 0078 544D"
"District: 6
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH

MONDAY, MARCH 22, 1993

2259

VTD: 0003 BELLS PERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 VTD: 0018 DOBBINS 2 (Part)
Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D
Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B
Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D
Tract: 0305.03 Block(s): 208B
Tract: 0310.01 Block(s): 910L, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 303B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404B, 405A, 405C, 406, 407, 408, 409B, 411D
VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part)
Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909
Tract: 0305.02 Block(s): 601C
Tract: 0305.03 Block(s): 108B
Tract: 0306. Block(s): 506B, 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4
VTD: 0037 FULLERS 5
VTD: 0038 GARRISON MILL
VTD: 0039 CRITTERS 1
VTD: 0040 GRITTERS 2
VTD: 0041 GRITTERS 3

2260

JOURNAL OF THE HOUSE,

VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part)
Tract: 0303.21 Block(s): 302A, 402A, 403A
Tract: 0304.04 Block(s): 101A, 101B
Tract: 0304.06 Block(s): 101A, 101B, 102A, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C
Tract: 0310.01 Block(s): 912
Tract: 0311.09 Block(s): 101A, 101C
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A
VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05
Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701 A, 704A, 801, 802, 803
Tract: 0305.02
Block(s): 112A, 114B, 305B, 317A, 318A
Tract: 0305.03
Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604

MONDAY, MARCH 22, 1993

2261

VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 (Part)
Tract: 0310.01 Block(s): 210, 216C, 216D, 228B
Tract: 0310.02 Block(s): 120A
Tract: 0310.03 Block(s): 110A, 112A, 113A
Tract: 0311.01 Block(s): 101A, 105, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121A, 122A, 302, 303, 311, 312, 313, 314, 315
Tract: 0311.05 Block(s): 101, 102
Tract: 0311.08 Block(s): 303A, 308, 310A, 319
VTD: OOA2 SMYRNA 7
VTD: OOA3 SOPE CREEK 1
VTD: OOA4 SOPE CREEK 2
VTD: OOA5 SOPE CREEK 3
VTD: OOA9 VININGS 1
VTD: OOB1 VININGS 2

2262

JOURNAL OF THE HOUSE,

VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 CRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part)
Tract: 0302.07 Block(s): 115D, 801B, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826
VTD: OOCl OREGON 5 DEKALB COUNTY
VTD: 0005 AUSTIN VTD: 0023 CHESTNUT VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOP3 NC05 VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NCll VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOW3 SS15 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY
VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0030 407C VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C VTD: 0053 1263D

MONDAY, MARCH 22, 1993

2263

VTD: 0055 407D VTD: 0058 406L VTD: 0059 406M VTD: 0067 404B VTD: 0074 404C"
"District: 8
JOHNSON COUNTY LAURENS COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF_DAVIS COUNTY TURNER COUNTY BEN_HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03
VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 283B, 291
Tract: 0135.01 Block(s): 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523
Tract: 0135.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126,

2264

JOURNAL OF THE HOUSE,

127, 129, 130, 133, 134, 135, 136, 137, 205, 206, 207, 208, 209, 210, 211, 212, 303, 305, 306, 307, 308 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 (Part) Tract: 0102. Block(s): 115, 207, 208, 209, 210, 211, 212, 214, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409 VTD: 0041 VINEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 112, 113, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 308A, 309, 310, 311, 312, 313, 314A VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B
Tract: 9704.
Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706.
Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A
Tract: 9707.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124,

MONDAY, MARCH 22, 1993

2265

125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708.
Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312,
313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY
VTD: 0016 WARRIOR
VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE CRISP COUNTY
VTD: 0001 CORDELE (Part) Tract: 9801. 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,
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,

2266

JOURNAL OF THE HOUSE,

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 VTD: 0005 FINDLAY 1552 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY
VTD: 0002 NW LIBRARY
VTD: 0003 PORTERFIELD METH CH GYM
VTD: 0004 LOWER DEERFIELD-WINDSOR
VTD: 0005 WESTOVER HIGH SCHOOL
VTD: 0006 MERRY ACRES JR HIGH SCH

MONDAY, MARCH 22, 1993

2267

VTD: 0008 ALBANY JR COLLEGE
VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT
VTD: 0028 SCOTTISH RITE TEMPLE HOUSTON COUNTY
VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235
Tract: 0207.
Block(s): 101B, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409
Tract: 0208.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C
Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A, 115B
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 303
Tract: 0202.
Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
Tract: 0203.
Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223
Tract: 0201.03 Block(s): 301B
Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906
Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232
Tract: 0206.
Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B,
208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B
Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS
VTD: 0007 PKWD VTD: 0008 NSJH (Part)
Tract: 0201.02
Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C,

2268

JOURNAL OF THE HOUSE,

308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428 VTD: 0009 LII
VTD: 0010 UII (Part) Tract: 0211.01 Block(s): 113B
Tract: 0211.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 301, 304
Tract: 0211.03
Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
VTD: 0011 10TH (Part) Tract: 0211.02
Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03
Block(s): 334, 335, 336 Tract: 0212.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206
VTD: 0012 CENT (Part) Tract: 0201.01
Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B,
107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B,
216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408A Tract: 0201.02
Block(s): 203, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218 VTD: 0013 ANNX (Part)
Tract: 0209.
Block(s): 408, 409, 410, 411 Tract: 0210.
Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01
Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C,
302A, 302B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F,
407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B
Tract: 0211.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,
214, 215, 216, 217, 218, 219

MONDAY, MARCH 22, 1993

2269

VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241, 242
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 301, 302, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 131, 132, 303, 304, 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145
VTD: 0017 WRJH JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 117, 118, 119, 204, 205, 206, 208, 209, 225, 226, 227
VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 207, 213, 219, 220, 221, 222, 223, 224, 228, 229, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331
VTD: 0008 ROBERTS 4 LEE COUNTY
VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part)
Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508
VTD: 0004 CENTURY
VTD: 0005 PALMYRA
LOWNDES COUNTY
VTD: 0001 HAHIRA
VTD: 0002 MINEOLA (Part)

2270

JOURNAL OF THE HOUSE,

Tract: 0102. Block(s): 461, 462, 475, 476, 477, 478, 479, 480, 481, 482, 483, 485, 486, 487
VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part)
Tract: 0101. Block(s): 305A, 305B, 306
Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A, 257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A, 139A, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST
PK CHURCH (Part) Tract: 0105.
Block(s): 101, 102, 129 Tract: 0106.
Block(s): 301A, 301B, 302, 303A, 303B, 303C Tract: 0107.
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 201, 202A, 202B, 202C, 203, 401B, 434B, 436B
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102.
Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456
VTD: 0018 NEW COVENANT CHURCH (Part)
Tract: 0101.
Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305M
Tract: 0103.

MONDAY, MARCH 22, 1993

2271

Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D
Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 131B, 132C, 133, 134B, 135B, 139B
Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228
VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL TWIGGS COUNTY VTD: 0002 HAMMOCK VTD: 0006 PEARSON 1 VTD: 0008 SMITH VTD: 0011 PEARSON 2 (Part)
Tract: 0601.98 Block(s): 389
Tract: 0602. Block(s): 501, 502, 505, 507, 509, 510, 515, 516, 518"

Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in Code Section 28-2-2, relating to apportionment of the Senate and qualifications of its members, by striking from subsection (a) the descriptions of Senate districts No. 21, 32, 33, 37, 42, 48, 53, 54, and 56 and inserting in their respective places new district descriptions to read as follows:
"District: 21
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 501, 502, 503, 504, 601B, 601C, 601D, 602K, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302C, 302D, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15

2272

JOURNAL OF THE HOUSE,

Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415
That part of Block 501 which lies west of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road
Block(s): 502, 503, 504, 509, 510, 511, 512, 513, 514, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 704, 705, 706, 802, 803, 807, 808, 809, 810, 811, 812
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part)
Tract: 0304.05 Block(s): 407A, 407F
Tract: 0304.06 Block(s): 801C
VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
Tract: 0305.02 Block(s): 112A, 114B
Tract: 0305.03 Block(s): 202A, 205A, 207, 302A, 307A, 307B, 308A, 309A, 309B, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 801A
VTD: 0068 MT. BETHEL 2 (Part)
Tract: 0303.17
Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703
VTD: 0079 PARKAIRE
VTD: 0081 POST OAK 1

MONDAY, MARCH 22, 1993

2273

VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E
Tract: 0304.02 Block(s): 122, 127
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 419B, 419C, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOA3 SOPE CREEK 1 VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB7 GRITTERS 9"
"District: 32
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 106B, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, HOP, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 That part of Block 501 which lies east of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 505, 506, 507, 508 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407D, 407E, 407G, 409 Tract: 0304.06 Block(s): 801B VTD: 0037 FULLERS 5

2274

JOURNAL OF THE HOUSE,

VXD: 0055 MABLETON 4 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 (Part)
Tract: 0303.17 Block(s): 501, 502, 503, 504, 505, 506, 507, 508
VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623
Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0076 OREGON 2 VTD: 0085 POST OAK 5 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3 VTD: OOC2 BIRNEY 2
District: 33
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B
Tract: 0308.
Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01

MONDAY, MARCH 22, 1993

2275

Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D
VXD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 325B, 405C, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501D, 501E, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 710B, 711C, 717B, 718B
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B
Tract: 0307. Block(s): 118C
Tract: 0308. Block(s): 206B
Tract: 0309.02
Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C
Tract: 0309.03
Block(s): 202B
Tract: 0310.02
Block(s): 101, 102, 209A, 210C, 213B, 213C, 224A

2276

JOURNAL OF THE HOUSE,

VTD: 0036 FULLERS 4 (Part) Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703
VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117
VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): HOD, HOE, HOG
Tract: 0315.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 401D, 402B, 801B, 801C
VTD: 0057 MARIETTA 1 VTD: 0058 MARIETTA 2A (Part)
Tract: 0309.02 Block(s): 402A, 403, 404, 405, 406, 407, 505, 506, 701A
VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part)
Tract: 0305.01 Block(s): 908A
Tract: 0305.02 Block(s): 602
Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G
Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02
Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B
Tract: 0306.
Block(s): 706B, 711A, 713A
Tract: 0307.
Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715

MONDAY, MARCH 22, 1993

2277

VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301A, 302 Tract: 0305.02 Block(s): 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 314A, 315A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201
VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809
VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 601, 620, 624, 625
VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS (Part)
Tract: 0315.01 Block(s): 109A, 110A, HOB, HOC, 301, 302, 303A, 303B, 309A, 310A, 310B, 311A, 311B, 312A, 315A, 317, 701A, 702A, 703A
Tract: 0315.02 Block(s): 216A, 303A, 304, 305, 401A, 401B, 401C, 402A, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 418, 419, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 517, 518, 519A, 520, 521, 522, 523A, 525A, 526A, 526B, 602A, 603, 604, 605, 606, 607A, 608, 609A, 609B, 609C, 610B, 610C, 701A, 701B, 702A, 702B, 703A, 703B, 704, 705A, 705B, 707A, 801A, 810A, 906A, 907A, 908A, 909, 910A
VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0310.02 Block(s): 209B"
"District: 37
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1

2278

JOURNAL OF THE HOUSE,

VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part)
Tract: 0306. Block(s): 308C, 417B, 501A, 501C, 502B, 506B, 901C, 901D, 902B, 902C, 902D, 902E, 917E
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0309.03 Block(s): 101D, 102, 201B, 202C, 202D Tract: 0310.02 Block(s): 213D
VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B
Tract: 0315.02 Block(s): 301B, 301C, 301D, 302B, 303B, 403B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B
VTD: 0058 MARIETTA 2A (Part) Tract: 0309.01 Block(s): 101A, 201, 202, 203, 204, 205, 206, 207, 401A, 402, 403, 501A, 601A, 601B, 601C, 601D, 602, 603A, 604A, 701A, 702, 703A Tract: 0309.02 Block(s): 408, 409, 410, 411, 702
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0306. Block(s): 411, 412, 413, 414, 415, 416, 417A, 418, 501B, 502A, 503, 504, 505, 506A, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401B, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 701B, 701C, 701D, 703B
Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401B, 401C, 401D, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02
Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0089 POWDER SPRINGS (Part)
Tract: 0315.01
Block(s): 211A, 212A, 213A, 217A, 217C, 218A
Tract: 0315.02

MONDAY, MARCH 22, 1993

2279

Block(s): 301A, 302A, 302C VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0309.03 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401A, 402, 501A
Tract: 0310.02 Block(s): 210A, 210B, 213A, 223, 224B, 225A
VTD: OOC1 OREGON 5"
"District: 42
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT (Part) Tract: 0218.10 Block(s): 302, 303 VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part) Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915 Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423 VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAK REHOBOTH VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAY SILVER LAKE (Part) Tract: 0211.

2280

JOURNAL OF THE HOUSE,

Block(s): 110, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 301
VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER"
"District: 48
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0007 CUMMINGS VTD: 0008 MASHBURN VTD: 0010 MIDWAY
FULTON COUNTY VTD: OOP3 NC05 (Part) Tract: 0116.03 Block(s): 105, 106, 107, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316
GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0030 407C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C (Part) Tract: 0502.03 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 301, 302A, 302B, 302C, 302D, 303A, 304, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331 VTD: 0053 1263D VTD: 0055 407D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0074 404C"
"District: 53
DADE COUNTY WALKER COUNTY CHATTOOGA COUNTY WHITFIELD COUNTY
VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE

MONDAY, MARCH 22, 1993

2281

VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419
Tract: 0008. Block(s): 120A, 120C, 120D, 121B, 121C, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301 That part of Block 302B which lies outside the corporate limits of Dalton Block(s): 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478
VTD: 0018 TILTON VTD: 0019 TRICHUM
District: 54
CATOOSA COUNTY MURRAY COUNTY WHITFIELD COUNTY
VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0008. Block(s): 120B, 121A, 122, 123A, 123B, 123C, 302A That part of Block 302B which lies within the corporate limits of Dalton
VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL"
"District: 56
CHEROKEE COUNTY VTD: 0010 LICK SKILLET VTD: 0015 WILDCAT (Part) Tract: 0908. Block(s): 702, 703, 704, 705
FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01

2282

JOURNAL OF THE HOUSE,

VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 VTD: OOPS NCOS (Part)
Tract: 0114.08 Block(s): 801
Tract: 0114.09 Block(s): 101, 102, 103, 401, 402, 403, 404, 405
Tract: 0116.03 Block(s): 309, 310, 311, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 901, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913
VTD: OOP5 NC07 (Part) Tract: 0114.08 Block(s): 201C, 206B, 208B
VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0036 406C VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C (Part)
Tract: 0502.03 Block(s): 303B, 305, 306
VTD: 0058 406L VTD: 0059 406M"

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: (1) all elections held on and after its effective date for members of the United States House of Representatives from Georgia; and (2) all elections held on or after its effective date for members of the Georgia Senate.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 169th moved that the House disagree to the Senate sub stitute to HB 964.
The motion prevailed.

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.

MONDAY, MARCH 22, 1993

2283

The following Senate amendment was read:

Amend HB 333 by inserting after the semicolon on line 9 of page 1 the following:
"to amend Code Section 15-11-59 of the Official Code of Georgia Annotated, 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 independent school system to inspect and disseminate law enforcement records concerning juveniles to school administrators, counselors, principals, and teachers; to regulate and otherwise restrict the dissemination and restrict the use of such records;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding between lines 19 and 20 of page 2 the following:
"Section 2. Said chapter is further amended by adding at the end of Code Section 15-11-59 of the Official Code of Georgia Annotated, relating to juvenile law enforcement records and the maintenance and inspection thereof, a new subsection (e) to read as fol lows:
'(e) Upon the request of the school superintendent of any county or independent school system in this state and upon such terms and conditions as the court may impose, the court may allow authorized representatives of such school system to inspect and copy law enforcement records concerning juveniles enrolled in such school system and to disseminate the information obtained from such records to school administrators, counselors, principals, and teachers within such school system. Infor mation disseminated to such personnel shall not be disclosed by such personnel to any person who is not an employee of the school system. Such information shall be pro vided and used solely for the purpose of allowing school personnel to assist such child and to provide a safe environment for other students coming into contact with the juvenile whose records or information are disseminated.'"

Representative Thomas of the 100th moved that the House disagree to the Senate amendment to HB 333.
The motion prevailed.

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Resolution of the Senate:

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.
The President has appointed on the part of the Senate the following:
Senators Isakson of the 21st, Hemmer of the 49th and Starr of the 44th.

The Senate insists on its amendment to the following Bill of the House:

2284

JOURNAL OF THE HOUSE,

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 Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:

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.

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".

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.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.
The President has appointed on the part of the Senate the following:
Senators Kemp of the 3rd, Boshears of the 6th and Blitch of the 7th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

MONDAY, MARCH 22, 1993

2285

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.

Representative Thomas of the 100th moved that the House adhere to its position in substituting SB 70 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Thomas of the 100th, Groover of the 125th and Chambless of the 163rd.

The following Bills and Resolutions of the House and Senate were taken up for the purpose of considering the Senate substitutes or amendments thereto:

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 following Senate amendment was read:

Amend HB 844 by adding in the title on line 6 of page 1 between the word "sale" and the word "to" the following:
"to a private primary or secondary school or".
By adding on line 25 of page 1 between the word "universities" and the semicolon the following:
"or private primary and secondary schools".

Representative Colwell of the 7th moved that the House disagree to the Senate amendment to HB 844.
The motion prevailed.

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.

2286

JOURNAL OF THE HOUSE,

The following Senate amendment was read:
Amend HB 252 by striking on line 20 of page 1 the word "preparatory" and inserting in lieu thereof the word "practice".

Representative Pinholster of the 15th moved that the House agree to the Senate amendment to HB 252.
On the motion, the roll call was ordered and the vote was as follows:

Y Aahe 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 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 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 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 YLakly
Y Lane,D Y Lane,R Y Lawrence
Y Lawson YLee Y Lewis
YLord Y Lucas Y Maddox
EMann Martin
Y McBee Y McClinton
McKinney,B
YMilam Y Mills

On the motion, the ayes were 161, nays 1. The motion prevailed.

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell Y Purcell Y Randali 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
E Teague NTeper 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 Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

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 Senate amendment was read:

Amend HB 660 by striking line 21 on page 2 and inserting in lieu thereof the follow ing:
"Code Section 40-8-27 or with an amber strobe light.'"

Representative Floyd of the 138th moved that the House agree to the Senate amend ment to HB 660.

MONDAY, MARCH 22, 1993

2287

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 Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D
Brooks.T Brown YBuck 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
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
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 YMcBee 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 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 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 ETeague YTeper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker YWall Y Watson Y Watte Y Westmoreland
White Y Williams,B Y Williams,R
Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 168, nays 0. The motion prevailed.

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 Senate substitute 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 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 applications; 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; to prohibit certain acts; to provide for disclosure requirements regarding mortgage loans; to provide for requirements relative to escrow accounts and advertisements; to authorize

2288

JOURNAL OF THE HOUSE,

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; 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 or 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.
(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 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 funding of the loans to the mortgage lenders pro viding the funding of such loans.
(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, trust, 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, as the principal residence of a natural person.
(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;

MONDAY, MARCH 22, 1993

2289

(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 or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property.
(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;
(10) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged;
(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; or
(12) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, or servicing mortgage loans. (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 ini tially with the department on or before July 1, 1993, and thereafter 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. 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. 7-1-1002. On and after July 1, 1993, it is prohibited for any person to transact busi ness 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;

2290

JOURNAL OF THE HOUSE,

(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 is 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 for a mortgage lender shall be in the principal sum of $100,000.00 or such greater sum as the department may require. The bond for a mortgage broker shall be in the princi pal sum of $50,000.00 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 con dition of such bond. Such bond shall be continuously maintained 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. 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 $25,000.00.
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.
(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 may 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

MONDAY, MARCH 22, 1993

2291

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.
(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

2292

JOURNAL OF THE HOUSE,

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, on and after July 1, 1993, no person shall acquire directly or indirectly 25 percent or more of the voting shares of a corporation or 25 percent or more of the ownership of any other entity licensed to con duct 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
(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.

MONDAY, MARCH 22, 1993

2293

(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 mortgage broker licensed or registered under this article shall submit to the department at least once each year an unaudited financial statement prepared by a cer tified public accountant in accordance with generally accepted accounting principles and certified to be true and correct by the mortgage broker. The department may require the mortgage broker to have made by independent certified public accountants an audit of the books and affairs of the licensed or registered business if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of the article and the rules and regulations adopted in furtherance of this article. Each mortgage lender licensed or registered under this article shall at least once each year have made by independent certified public accountants an audit of the books and affairs of the licensed or registered business except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement of its parent company and a financial state ment, which may be unaudited, of the licensee or registrant which is prepared in accord ance with generally accepted accounting principles. 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;
(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

2294

JOURNAL OF THE HOUSE,

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; (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; and (3) Any mortgage lender required to be licensed or registered under this article shall disclose to each applicant for a mortgage loan that failure to meet every condi tion of the mortgage loan may result in the loss of the applicant's property through foreclosure. The applicant shall be required to sign the disclosure.
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;
(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; and
(3) No licensee shall advertise its services in Georgia in any media, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee.'

MONDAY, MARCH 22, 1993

2295

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 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;

2296

JOURNAL OF THE HOUSE,

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

Representative Oliver of the 154th moved that the House agree to the Senate substi tute to HB 237.
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 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 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 Connelt Cox
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 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 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 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 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 Y Streat Y Taylor
E 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 WilliamsJB Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

MONDAY, MARCH 22, 1993

2297

On the motion, the ayes were 165, nays 0. The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Connell of the 115th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 following Senate amendment was read:

Amend the House of Representatives amendment to SB 202 by inserting at the end thereof the following:
"Strike on line 5 of page 1 the words 'shall be entitled to' and insert in lieu thereof the word 'may'."

Representative Watts of the 26th moved that the House agree to the Senate amend ment, to the House amendment, to SB 202.
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 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
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 Y 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 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 McClinton
McKinney.B YMilam Y Mills

On the motion, the ayes were 165, nays 0.

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 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 Y Stancil,S Y Stanley.L Y Stanley.P Y Stephenson
Y Streat Y Taylor E 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

2298

JOURNAL OF THE HOUSE,

The motion prevailed.

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 Senate amendment was read:

Amend HB 421 by striking in their entirety lines 3 through 9 on page 2 and inserting in lieu thereof the following:
"2-12-101. Horticultural growing media are one of the foundations of successful hor ticultural businesses. As such, it is vital that growers are adequately informed of the basic contents of such media. The purpose of this article is to ensure that horticultural growing media are accurately labeled to reflect their known composition and are suitable for their intended purpose."
By striking from line 34 of page 2 the following:
"or, in the case of a bulk".
By striking from line 1 of page 3 the following:
"product,".
By striking from line 15 of page 3 the word "and".
By striking from line 16 of page 3 the word "guaranteeing".
By adding on line 33 of page 3 between the word "hours" and the word "and" the words "upon notice".
By striking from line 33 of page 4 the word "bulk".
By adding on line 15 of page 5 between the word "suitability" and the period the fol lowing:
"for its intended purpose".

Representative Greene of the 158th moved that the House agree to the Senate amend ment to HB 421.
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 Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Brooks.D Y Brooks.T Brown Y Buck

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

Colwell Y Connell Y Cox Y Crawford
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
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 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 Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson,J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein

MONDAY, MARCH 22, 1993

2299

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 Y Poag Y Polak Y Porter

Poston Y Powell Y Purcell
Randall Y Randolph Y 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

On the motion, the ayes were 162, nays 0. The motion prevailed.

Y Smith.C Smith.L
Y Smith,? 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 E 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

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 Senate 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' 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.

2300

JOURNAL OF THE HOUSE,

(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.
(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.

MONDAY, MARCH 22, 1993

2301

(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;
(E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or
(F) 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 or represent a return of such member's invest ment or a return of capital, such distributions shall not be subject to withholding 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."
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.

2302

JOURNAL OF THE HOUSE,

Representative Jamieson of the 22nd moved that the House agree to the Senate sub stitute to HB 384.
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 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 Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox Y Crawford
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 Evans
Y Felton Y Floyd.J.M Y Floyd,J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover N 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 Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Postal 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 YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor E 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 motion, the ayes were 164, nays 1. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for withholding tax at the source on the sale or transfer of real property and associated tangible property by certain nonresidents; to provide for defini tions; to provide for procedures; to provide for exceptions; to provide for penalties; to pro vide for powers, duties, and authority of the state revenue commissioner with respect to such withholding; to provide for exceptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 22, 1993

2303

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (1) of subsection (f) of Code Section 48-2-56, relating to liens for taxes, and inserting in its place a new paragraph (1) to read as follows:
"(1) Arise and attach to all property of the defaulting employer or other person required to deduct and withhold on the date of the assessment of the taxes by operation of law or by action of the commissioner;".
Section 2. Said title is further amended by adding a new Code section immediately following Code Section 48-7-127, to be designated Code Section 48-7-128, to read as fol lows:
"48-7-128. (a) As used in this Code section, the term 'nonresident of Georgia' shall include individuals, trusts, partnerships, corporations, and unincorporated organizations. Any seller or transferor who meets all of the following conditions and who provides the buyer or transferee with an affidavit signed under oath swearing or affirming that the following conditions are met will be deemed a resident for purposes of this Code section:
(1) The seller or transferor has filed Georgia income tax returns or appropriate extensions have been received for the two income tax years immediately preceding the year of sale;
(2) The seller or transferor is in business in Georgia and will continue substantially the same business in Georgia after the sale or the seller or transferor has real property remaining in the state at the time of closing of equal or greater value than the with holding tax liability as measured by the 100 percent property tax assessment of such remaining property;
(3) The seller or transferor will report the sale on a Georgia income tax return for the current year and file it by its due date; and
(4) If the seller or transferor is a corporation or limited partnership, it is registered to do business in Georgia. (b) (1) Except as otherwise provided in this Code section, in the case of any sale or transfer of real property and related tangible personal property located in Georgia by a nonresident of Georgia, the buyer or transferee shall be required to withhold and remit to the commissioner on forms provided by the commissioner a withholding tax equal to 3 percent of the purchase price or consideration paid for the sale or transfer; provided, however, that if the amount required to be withheld pursuant to this subsec tion exceeds the net proceeds payable to the seller or transferor, the buyer or trans feree shall withhold and pay over to the commissioner only the net proceeds otherwise payable to the seller or transferor. Any buyer or transferee who fails to withhold such amount shall be personally liable for the amount of such tax.
(2) 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) If the seller or transferor determines that the amount required to be withheld pursuant to paragraph (1) of subsection (b) of this Code section will result in excess withholding on any gain required to be recognized from the sale, the seller or transferor may provide the buyer or transferee with an affidavit signed under oath swearing or affirming to the amount of the gain required to be recognized from the sale, and the buyer or transferee shall withhold 3 percent of the amount of the gain required to be recognized, if any, stated in the affidavit rather than as provided in paragraph (1) of subsection (b) of this Code section. If, however, the amount required to be withheld pur suant to this subsection exceeds the net proceeds payable to the seller or transferor, the buyer or transferee shall withhold and pay over to the commissioner only the net pro ceeds otherwise payable to the seller or transferor. (d) Subsection (b) of this Code section shall not apply where:
(1) The real property being sold or transferred is a principal residence of the seller or transferor within the meaning of Section 1034 of the Internal Revenue Code;

2304

JOURNAL OF THE HOUSE,

(2) The seller or transferor is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional con sideration; or
(3) The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the State of Georgia, the Federal National Mort gage Association, the Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association, or a private mortgage insurance company. The commissioner may by regulation set a purchase price amount below which no with holding is required. (e) (1) Unless otherwise provided, if the seller or transferor is a partnership or Subchapter 'S' corporation or other unincorporated organization which certifies to the buyer or transferee that a composite return is being filed on behalf of the nonresident partners, shareholders, or members and that the partnership, Subchapter 'S' corpora tion, or unincorporated organization remits the tax on the gain on behalf of the non resident partners, shareholders, or members, the buyer or transferee shall not be required to withhold as provided in this Code section. Any nonresident partner, share holder, or member who falsely certifies that a composite return is being filed on behalf of such partner, shareholder, or member shall be liable for a penalty in the amount of $500.00 or 10 percent of the amount required to be withheld, whichever is greater.
(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 the withholding tax imposed by this article. (f) Every buyer or transferee of real property located in Georgia who is required to deduct and withhold the withholding tax imposed by subsection (b) of this Code section shall file the required return and remit payment to the department on or before the last day of the calendar month following the calendar month within which the sale or trans fer giving rise to the withholding tax occurred."
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 with respect to any sale or transfer occurring on or after January 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Jamieson of the 22nd moved that the House agree to the Senate sub stitute to HB 385.
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 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 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 N 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 Evans
Y Felton Y Floyd,J.M Y Floyd.J.W
Y Godbee Y Golden Y Goodwin
Greene Y Groover
N 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 N Johnson,E Y Johnson.G Y Johnson.J
Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein
Y Ladd 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 N Moore Y Mosley N Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett
Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall

MONDAY, MARCH 22, 1993

2305

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 N 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 E Teague

On the motion, the ayes were 155, nays 10. The motion prevailed.

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

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.

The following Senate amendment was read:

Amend HB 941 by striking lines 1, 2, and 3 on page 1 and inserting in lieu thereof the following:
"To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, and related matters, so as to provide that prior to undertaking or modifying projects of a certain magnitude, certain state authorities shall evaluate the feasi bility of involving private persons or entities in any project and in any such activity; to change".
By striking lines 14, 15, and 16 of page 1 and inserting in lieu thereof the following:
"Section 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, and related matters, is amended by striking in its entirety para graph (6) of Code Section 12-3-194, relating to the powers of the Stone Mountain Memorial Association, and inserting in lieu thereof the following:
'(6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; provided, however, that the association shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the project, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget;'
Section 2. Said chapter is further amended by striking in its entirety paragraph (6) of Code Section 12-3-235, relating to the powers of the Jekyll Island -- State Park Authority, and inserting in lieu thereof the following:
'(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 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such pro ceeds and any grant from the United States of America or any agency or instrumen tality thereof, or from the State of Georgia; provided, however, that the authority shall

2306

JOURNAL OF THE HOUSE,

not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget;'
Section 3. Said chapter is further amended by striking in its entirety paragraph (6) of Code Section 12-3-294, relating to the powers of the North Georgia Mountains Authority, and inserting in lieu thereof the following:
(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; the. 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 borrowed money, income, the proceeds of revenue bonds of the authority, or fre such proceeds and any grant from the United States of America or any agency or instrumentality thereof; or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget."
Section 4. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 12-3-314, relating to the powers of the Lake Lanier Islands Develop ment Authority, and inserting in lieu thereof the following:
'(5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority. The cost of any such project shall be paid from its income, from the pro ceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumen tality thereof, or the State of Georgia, or any county, municipal, or local government or governing body; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless jt has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Bud get;'.
Section 5. Said chapter is further amended'".
By striking line 14 of page 3 and inserting in lieu thereof the following:
"Section 6. Said chapter is further amended by".
By striking line 26 of page 5 and inserting in lieu thereof the following:
"Section 7. Said chapter is further amended by".
By striking line 25 of page 10 and inserting in lieu thereof the following:
"Section 8. Said chapter is further amended by".
By striking line 20 of page 11 and inserting in lieu thereof the following:
"Section 9. Said chapter is further amended by".
By striking the number "6" on line 28 of page 12 and inserting in lieu thereof the number "10".

MONDAY, MARCH 22, 1993

2307

Representative Yeargin of the 90th moved that the House agree to the Senate amend ment to HB 941.
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 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 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
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H Y Diion.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W YGodbee
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

Holmes Y Howard Y Hudson
Y 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
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 Y 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
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 E Teague N 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 motion, the ayes were 161, nays 2. The motion prevailed.

Representative Joyce of the 1st 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 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 Senate substitute was read:

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

2308

JOURNAL OF THE HOUSE,

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. (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 agricultural for tax assessment purposes. Commercial real estate shall not include single-family residential units such as condominiums, townhomes, mobile homes, 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) Arising out of a listing agreement or any other agreement for the management, sale, or lease of or otherwise conveying any interest in the commercial real estate as evidenced by a writing signed by the owner or its expressly authorized agent and with written notice to the party whose property may be liened, if different from the parties to the agreement;
(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 and with written notice to the party whose property may be liened, if different from the parties to the agree ment; 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 and with written notice to the party whose property may be liened, if different from the parties to the agreement. (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

MONDAY, MARCH 22, 1993

2309

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. (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 lien notice shall recite that the broker has disclosed to
all parties that a lien might be claimed under this part. The notice of lien shall be signed by the broker or by a person 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 within 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.

2310

JOURNAL OF THE HOUSE,

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, the lien or claim of lien shall be automatically dis solved. 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 pending a resolution of the broker's claim and the escrow shall not be released until a resolution 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 transac tion 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 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 right to file and record a lien provided for in this part shall be dis solved if the owner, purchaser from owner, lender providing a loan secured by commer cial 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 its expressly autho rized agent; or
(2) 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
(3) 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.

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute to HB 523.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 22, 1993

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
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 Y 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
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 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 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 Y Simpson Y Sinkfield Y Skandalakis Y Skipper

On the motion, the ayes were 163, nays 0. The motion prevailed.

2311
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,?
Stephenson Y Streat Y Taylor E 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

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.

The following Senate amendment was read:

Amend HB 678 by striking from lines 7 through 9 of page 1 the following: ", or persons who buy a product and resell it, receiving no other compensation". By striking lines 22 through 25 of page 1 and inserting in lieu thereof the following: '"(16) Services".

Representative Barnes of the 33rd moved that the House agree to the Senate amend ment to HB 678.
On the motion, the roll call was ordered and the vote was as follows:

2312

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 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 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 Y Banner 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
Martin Y McBee Y McClinton
McKinney,B Y Milam Y Mills

On the motion, the ayes were 165, nays 1. The motion prevailed.

Y Mobley.B Y Mobley,J Y Moore Y Mosley
Y Mueller Y Oliver
O'Neal Y 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 Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfleld Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith,? Y Smith.T N 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 E 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
White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

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 Senate amendment was read:

Amend HB 753 by striking line 20 of page 15 and inserting in lieu thereof the follow ing:
"activities of the regional development center. The board shall conduct an annual per formance review of the executive director of the regional development center measured by standards developed by the board.'"
By striking line 6 on page 23 and inserting in lieu thereof the following:
"purposes of executing loan transactions. Nor shall this Code section preclude a center and any nonprofit corporation that it creates or controls from entering into a contract with the other for the provision of staff services. In addition,".

Representative Lane of the 55th moved that the House agree to the Senate amend ment to HB 753.
On the motion, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 22, 1993

2313

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
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
Dixon.H Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps
Evans 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 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
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
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
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
Smith.W Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley,L Y Stanley.P Y Stephenson Y Street Y Taylor E 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 Westmoreland White Y Williams.B Y Williams,R YYates Y Yeargin Murphy.Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 719 by adding on line 9 on page 1 immediately following the word and symbol "Fund;" the following:
"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; to provide for the powers and func tions of the authority; to provide for funding of the authority; to provide for the compo sition of the authority; to provide for a director and other personnel of the authority and their compensation and other benefits; to provide for the authority to submit finan cial records and its annual budget to the local governments; to provide for related mat ters;".
By redesignating Section 3 as Section 4 and by inserting a new Section 3 to read as follows:

2314

JOURNAL OF THE HOUSE,

"Section 3. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Geor gia Annotated, relating to an emergency telephone number '911' system, is amended by adding following Code Section 46-5-137 a new Code Section 46-5-138 to read as follows:
'46-5-138. (a) (1) By proper resolution of the local governing bodies, an authority may be created and activated by:
(A) Any two or more municipal corporations; (B) Any two or more counties; or (C) One or more municipal corporations and one or more counties.
(2) The resolutions creating and activating a joint authority shall specify the num ber of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency require ments.
(3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies.
(b) The public authority shall be authorized to contract with the counties or munici palities which formed the authority to operate an emergency "911" system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund maintained by each local govern ment. No authority shall be formed until each local government forming the authority has imposed a monthly "911" charge.
(c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency "911" system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority.
(d) The authority shall elect a chairperson and such other officers as deemed neces sary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations of the emergency "911" system. The director may be an employee working in the operation of the emergency "911" system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency "911" system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency "911" system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority.
(e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part.'"

MONDAY, MARCH 22, 1993

2315

Representative Colwell of the 4th moved that the House agree to the Senate amend ment to HB 719.
On the motion, the ayes were 109, nays 1.
The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to authorize the state revenue commissioner to designate tag agents for the purpose of accepting certain applica tions and collecting certain sales and use tax; to provide for compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-23, relating to the designation of tag agents, and inserting in its place a new Code Section 40-2-23 to read as follows:
"40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner are made shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles.
(b) The commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or sys tematically engaged in making retail sales of motor vehicles and the first use, consump tion, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient col lections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled.
(c) The duties and responsibilities of such agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Harris of the 112th moved that the House agree to the Senate substi tute to HB 784.

2316

JOURNAL OF THE HOUSE,

On the motion, the ayes were 107, nays 6. The motion prevailed.

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 Senate amendments were read:

SENATE AMENDMENT No. 1
Amend HB 76 by striking on line 23 of page 1 the word "one-half and inserting in lieu thereof the word "one-fifth".

SENATE AMENDMENT No. 2
Amend HB 76 by striking the words "seven-point" on line 25 of page 1 and inserting in lieu thereof the following:
"six-point".

Representative Williams of the 114th moved that the House agree to the Senate amendments to HB 76.
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 Y 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 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 YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis,M N Dickinson YDix
Dixon.H Y Dixon.S NDobbs Y Dover Y Ehrhart YEpps
Evans Y Felton Y Floyd,J.M
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
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 N Lawrence Y Lawson YLee Y 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
Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
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

N Smith.C 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 Y Streat Y Taylor E 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 Y Westmoreland
White N Williams.B Y Williams.R
Y Yates Y Yeargin
Murphy ,Spkr

MONDAY, MARCH 22, 1993

2317

On the motion, the ayes were 156, nays 6. The motion prevailed.

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.

HR 122. By Representative Parham of the 122nd:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County.
The following Senate substitute was read:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the city of Cartersville; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Baldwin County, Georgia, lying in and being a part of the 321st GMD, containing approximately 0.05 of one acre more or less, according to a drawing entitled "Subdivision Property of L.E. and P.N. McMillen" and marked in yellow on file with the State Properties Com mission; and will be more particularly described on a plat of survey prepared by a Geor gia registered land surveyor and presented by the grantee to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Human Resources; (4) The subject triangular shaped property is now separated from the adjoining state property by 60 foot rights of way on two sides of the subject property, said rights of way being Swint Avenue and Wolverine Street; (5) Said parcel is not being utilized by the Department of Human Resources and is therefore surplus to its needs; and (6) The adjoining property owner, Leon Samuels, Sr., is desirous of obtaining the above-described property because the subject property constitutes a sizeable portion of his front yard; and
WHEREAS: (1) The State of Georgia is the owner of certain real property containing approxi mately 2.5 acres located in the City of Cartersville, Bartow County, Georgia; (2) Said real property is described as follows:
All those certain tracts or parcels of land situate, lying and being in the City of Cartersville, Georgia, and in Land Lot 455 of Bartow County, Georgia, and being more particularly described as the depot tracts lying on either side of the mainline of the Western and Atlantic Railroad Valuation Map No. V2/S21 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the City of Cartersville and presented to the State Properties Commission for approval); (3) The State of Georgia currently has a portion of the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019;

2318

JOURNAL OF THE HOUSE,

(4) The City of Cartersville presently leases from the State of Georgia a portion of the above-described property until December 31, 1994; and
(5) The City of Cartersville is interested in using the depot and adjoining property for public purposes.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the State of Georgia is the owner of the above-described real prop erty in Baldwin County, Georgia, and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commis sion.
Section 2. That the above-described real property shall be conveyed by appropriate instrument to Leon Samuels, Sr., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of such property but not less than $650.00 and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 3. That the authorization in this resolution to convey the above-described property to Leon Samuels, Sr., shall expire three years after the date that this resolution becomes effective.
Section 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
Section 5. That the deed of conveyance shall be recorded by the grantee in the Supe rior Court of Baldwin County and a recorded copy shall be forwarded to the State Proper ties Commission.
ARTICLE 2
Section 6. That the State of Georgia is the owner of the above-described real prop erty in Bartow County, Georgia, and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commis sion.
Section 7. That the conveyance of the above-described real property shall be condi tioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in a portion of said property to the State of Georgia by appropriate instrument.
Section 8. That the conveyance of the above-described real property shall be condi tioned upon the City of Cartersville releasing its interest in that portion of the above-de scribed property presently leased to the City of Cartersville by the State of Georgia and that portion of the above-described property presently leased to the City of Cartersville by CSX Transportation, Inc.
Section 9. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described real property by appropriate instrument to the City of Cartersville for a consideration of $10.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.
Section 10. That the above-described real property is conveyed only for public pur poses by the City of Cartersville and its successors and assigns continue to use the said property for public purposes; and, should said property be permanently abandoned or the

MONDAY, MARCH 22, 1993

2319

use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia.
Section 11. That the conveyance of said property shall be conditioned upon the City of Cartersville constructing a railroad depot facility to the requirements of CSX Transpor tation, Inc., as replacement for subject property depot and the deeding of such depot to the State of Georgia as consideration for the State of Georgia and CSX Transportation, Inc., vacating present depot site.
Section 12. That if the City of Cartersville determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 13. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission.
Section 14. That the authorization in this resolution to convey the above-described property to the City of Cartersville shall expire three years after the date that this resolu tion becomes effective.
ARTICLE 3
Section 15. That this resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.
Section 16. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HR 122.
On the motion, the ayes were 107, nays 0.
The motion prevailed.

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.

The following Senate substitute was read:

A RESOLUTION
Designating the Dick Lane Bridge; designating the Lt. Harold "Pinky" Durham Medal of Honor Highway; and for other purposes.
Part 1
WHEREAS, Honorable Dick Lane, of the 55th District of the House of Representa tives, is a native son of East Point, Georgia; and
WHEREAS, having won his first election to the Georgia House of Representatives in 1966, at the conclusion of his present term Representative Dick Lane will have ably served the people of East Point and Fulton County for 28 years; and

2320

JOURNAL OF THE HOUSE,

WHEREAS, upon completion of his current term of office, the gentleman from the 55th will hold the distinction of being the longest serving member of the Fulton County delegation in the House of Representatives; and
WHEREAS, Honorable Dick Lane has served with distinction as the Chairman of the House Committee on State Planning and Community Affairs and as a respected and val ued member of the House Committees on Rules and Appropriations and the Metropolitan Atlanta Rapid Transit Authority Overview Committee; and
WHEREAS, throughout his nearly three decades of outstanding service in the House of Representatives, more than 160 Bills and 14 Constitutional Amendments authored by the gentleman of the 55th have become laws of this state; and
WHEREAS, in addition to his many years of service in the General Assembly, Repre sentative Dick Lane served as Recreation Director for the City of East Point, a position in which he was able to spread his love of sports and fitness and exert a positive influence on the health and physical well-being of countless young people; and
WHEREAS, Representative Lane has received well-deserved recognition for his many outstanding athletic accomplishments, including All-State Running Back, Russell High School; former state Karate Champion; and commendations from President John F. Ken nedy, and Governors Lester Maddox and Carl Sanders for Outstanding Performance in Recreation; and being chosen to serve as a member of the Georgia State Games Commis sion; and
WHEREAS, Honorable Dick Lane is also a member of numerous civic organizations to which he devotes his time and energies including the Boy Scouts of America, the Ameri can Legion, the Veterans of Foreign Wars, the Yaarab Temple, the Scottish Rite of Freemasonry, the Free and Accepted Mason, the Loyal Order of Moose, the Georgia Con gress of Parent and Teacher Association, the Fulton County Public Safety Training Center Advisory Board, the South Fulton Medical Center Board, the American Association of Retired Persons, and the Jefferson Avenue Baptist Church; and
WHEREAS, in recognition of his many years of tireless and dedicated community and civic service, Honorable Dick Lane has received more than 175 awards from various clubs and organizations, including, the Distinguished Service Award, the Junior Chamber of Commerce; Under the Dome, the Georgia Federation of Women's Clubs; the Albert Wyatt Memorial Award, the Georgia National Head Injury Foundation; National "American of the Year" in 1988 from La Societe Des 40 Hommes et 8 Chevaux; the Georgia Municipal Association's Legislative Service Award for 1989 and 1990; the Association County Commissioners's Legislative Service Award for 1990, 1991, and 1992; the Georgia Parks and Recreation Society's Statewide Legislative Award in 1989; and, on five separate occa sions, "Statesman of the Year"; and
WHEREAS, Dick and his lovely wife, the former Betty Clay Jones, are the parents of Mindy, Laurie, and Rick and the proud grandparents of Kristin Leigh French, Kane French, Kyle Cook, and Kase Cook; and
WHEREAS, it is fitting and proper to recognize and commemorate a lifetime of ser vice, dedication, and commitment by Honorable Dick Lane to the people of East Point, Fulton County, and the State of Georgia.
Part 2
WHEREAS, Harold Bascom Durham, Jr., was one of only 22 Georgians to be awarded the Congressional Medal of Honor, an award made posthumously; and
WHEREAS, the Medal of Honor was first issued by Congress during the Civil War and is the highest United States military decoration awarded to service personnel who dis tinguish themselves by conspicuous gallantry and intrepidity at the cost of their lives above and beyond the call of duty; and

MONDAY, MARCH 22, 1993

2321

WHEREAS, Lieutenant Durham of the United States Army served as a forward observer with Company D, 2nd Batallion, 28th Infantry in the Republic of Vietnam, and on October 17, 1967, he placed himself in a position exposed to enemy fire to adjust the supporting artillery fire onto the insurgents; and
WHEREAS, he administered first aid to the wounded in spite of heavy enemy sniper fire directed toward him; and
WHEREAS, he further endangered himself by assuming the duties of a wounded observer of Company A and was severely wounded by an enemy detonated mine and in spite of intense pain he continued to direct the supporting artillery upon the enemy and, while severely wounded a second time, he shouted a warning to a nearby soldier when Viet Cong approached, dying moments later; and
WHEREAS, Lieutenant Durham's gallant actions in close combat with an enemy force are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army.
Part3
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Chattahoochee River on State Route 166 in Fulton County, Georgia is designated as the Dick Lane Bridge.
BE IT FURTHER RESOLVED that State Road 35, U. S. 319, in Tift County, Geor gia, be designated as the Lt. Harold "Pinky" Durham Medal of Honor Highway in memory of his heroic service.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Dick Lane Bridge and the Lt. Harold "Pinky" Durham Medal of Honor Highway.
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 Honorable Dick Lane, Representative, 55th District.

Representative Benefield of the 96th moved that the House agree to the Senate sub stitute to HR 400.
On the motion, the ayes were 109, nays 1.
The motion prevailed.

The following Bills of the Senate were taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amending the same:

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.

Representative Benefield of the 96th moved that the House recede from its position in insisting on amending SB 92.
On the motion, the ayes were 111, nays 10.
The motion prevailed.

2322

JOURNAL OF THE HOUSE,

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.

Representative Bordeaux of the 151st moved that the House recede from its position in insisting on amending SB 73.
On the motion, the ayes were 9, nays 114.
The motion was lost. The House has insisted.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendments thereto:

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.

The following Senate amendment was read:

Amend HB 972 by striking all material beginning with line 32 on page 2 and ending with line 2 on page 3, both inclusive, and inserting in lieu thereof the following:
"(6) If the application is submitted on motion of the committee, be sought by the chair or acting chair only after notification to the person whose conduct is in issue that the subpoena will be sought."

Representative Chambless of the 163rd moved that the House agree to the Senate amendment to HB 972.
On the motion, the ayes were 114, nays 0.
The motion prevailed.

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 Senate substitute was read:

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

MONDAY, MARCH 22, 1993

2323

requiring withholding of wages to furnish child support; to provide for findings; to change the terms of such orders and provide for service thereof; to provide for duties, penalties, and rights of payors; 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 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; or
(B) A written agreement is reached between both parties which provides for an alternative arrangement. For purposes of this paragraph, any finding that there is good cause not to require immediate withholding must be based on at least a written determination that imple menting immediate wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modifi cation of support orders. (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 bj; 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 payor 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.

2324

JOURNAL OF THE HOUSE,

(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.

Representative Cauthorn of the 35th moved that the House agree to the Senate sub stitute to HB 261.
On the motion, the ayes were 122, nays 0.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 257 by inserting on line 3 of page 1, following the word "provide", the following:
"a statement of legislative intent; to provide".
By inserting on line 22 of page 1, following the word and symbol "level;", the follow ing:
"to impose certain restrictions on the disposal of yard trimmings;".
By redesignating Section 2 through Section 13 as Section 3 through Section 14, respec tively, and by inserting on page 2 immediately following line 18 the following:
"Section 2. Said part is further amended by inserting at the end of said Code Section 12-8-21 the following:
'(g) It is further the intent of the General Assembly to provide a frame of refer ence for the state and all counties, municipal corporations, and solid waste manage ment authorities in the state relating to the handling of yard trimmings. The productivity of the soils of Georgia requires that nature's way of recycling vegetative matter be respected and followed and that such essential building materials are no longer wasted by being buried in landfills but are returned to the soil. The General

MONDAY, MARCH 22, 1993

2325

Assembly, therefore, adopts and recommends the following hierarchy for handling yard trimmings:
(1) Naturalized, low-maintenance landscaping requiring little or no cutting; (2) Grass cycling by mowing it high and letting it lie; (3) Stacking branches into brush piles for use as wildlife habitats and for grad ual decomposition into the soil; (4) Composting on the site where the material was grown, followed by incorpora tion of the finished compost into the soil at that site; (5) Chipping woody material on the site where such material was generated; (6) Collecting yard trimmings and transporting them to another site to be chipped or composted for later use; and (7) Chipping woody material for later use as fiber fuel.'".
By striking on line 30 of page 13 the number "1993" and inserting in lieu thereof the following:
"1994".
By redesignating Sections 14 and 15 as Sections 16 and 17, respectively, and by insert ing on page 19 immediately following line 5 the following:
"Section 15. Said part is further amended by striking in its entirety Code Section 12-8-40.2, relating to restrictions on the disposal of yard trimmings, and inserting in lieu thereof the following:
'12-8-40.2. |a) Effective <hriy -, 1996; September 1^ 1996, each city, county, or solid waste management 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 or requiring vertical expan sion within its jurisdiction;
(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 stockpiled or chipped, composted, used as mulch, or otherwise beneficially reused or recycled to the maxi mum extent feasible.
(b) Prior to September 1^ 1996, each city, county, and solid waste 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 stated in paragraphs (1) through (4) of subsection (a) of this Code section.
(c) The Board of Natural Resources is authorized to develop guidelines to assist local governing authorities and others in the orderly stockpiling of yard trimmings at suitable sites, the chipping and composting of yard trimmings, and the distribution of the products resulting from such chipping and composting.'".
By adding on page 12, line 4 between the words "waste" and "as", a comma; and by adding on page 15, line 10 between the words "waste" and "as", a comma.

Representative Dobbs of the 92nd moved that the House agree to the Senate amend ment to HB 257.
On the motion, the ayes were 105, nays 7.

2326

JOURNAL OP THE HOUSE,

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substituting the same:

SB 333. By Senator Coleman of the 1st:
A bill to amend Code Section 32-1-3 of the Official Code of Georgia Anno tated, relating to definitions, 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; to provide an effective date.

Representative Buckner of the 95th moved that the House recede from its position in insisting on substituting SB 333.

On the motion, the ayes were 105, nays 0. The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consid ering the Senate substitutes or amendments thereto:

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 following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions relative to abandoned motor vehicles, so as to provide for additional consequences with respect to the failure to provide certain required notice and information; to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and pro cedures; to provide for cancellation of the title of a derelict motor vehicle; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions relative to abandoned motor vehicles, is amended by striking subsection (k) of Code Section 40-11-2, relating to duties of persons who remove or store certain motor vehicles, and inserting in lieu thereof the following:
"(k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees2 shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13."
Section 2. Said article is further amended by adding at the end thereof a new Code Section 40-11-9 to read as follows:

MONDAY, MARCH 22, 1993

2327

"40-11-9. (a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspic uous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, trans mission, or wheels missing, no coolant in the in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the cur
rent owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance compa ny's making a total loss payment, then any person removing such vehicle shall within
72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle
from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a
request for such information may be sent to the Department of Revenue. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certi
fied mail, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the state revenue commissioner
if such person or persons fails to respond within ten days of receipt of such notice. The state revenue commissioner shall prescribe the form and content of such notice. If the
registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail, and if the vehicle is
appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of
the wholesale value of a similar car in the rough section of the National Auto Research
Black Book, Georgia Edition, or if a similar vehicle is not listed in such book, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is
located. Any person removing a vehicle shall complete a form, to be provided by the state revenue commissioner, indicating that the vehicle meets at least four of the abovestated eight conditions for being a derelict vehicle and shall file such form with the De
partment of Revenue and the law enforcement agency with jurisdiction from which such vehicle was removed.
(b) Upon determination that a vehicle is a derelict motor vehicle as provided in sub section (a) of this Code section, it may be disposed of by sale to a person who scraps,
dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any
person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, pho tograph such vehicle and retain with such photograph the appraisal required in subsec
tion (a) of this Code section and the notice to the state revenue commissioner required in this subsection for a period of three years after its disposition. Such person shall also notify the state revenue commissioner of the disposition of such vehicle in such manner
as may be prescribed by the state revenue commissioner. The state revenue commis sioner shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.
(c) For purposes of this Code section, the term 'derelict vehicle' shall not include a vehicle which does not bear a manufactured vehicle identification number plate or a
vehicle identification number plate assigned by a state jurisdiction. (d) Any person who abandons a derelict motor vehicle on public or private property
shall be guilty of a misdemeanor and upon conviction shall be fined not more than

2328

JOURNAL OF THE HOUSE,

$500.00 and shall pay all costs of having such derelict motor vehicle removed, stored, and sold as provided for in this Code section.
(e) Any person removing a derelict motor vehicle who fails to comply with the requirements of this Code section or who knowingly provides false or misleading infor mation when providing any notice or information required by this Code section shall be guilty of a misdemeanor.
(f) The Department of Revenue, the state revenue commissioner, and the State of Georgia and the person removing, storing, and processing the vehicle unless recklessly or grossly negligent shall not be liable to the owner of a vehicle declared to be a derelict motor vehicle pursuant to this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Buck of the 135th moved that the House agree to the Senate substi tute to HB 447.
On the motion, the ayes were 116, nays 0.
The motion prevailed.

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 Senate amendment was read:

Amend HB 787 by adding between lines 17 and 18 of page 31 the following:
"VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119"

Representative Smith of the 169th moved that the House agree to the Senate amendment to HB 787.
On the motion, the ayes were 113, nays 9.
The motion prevailed.

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 conser vation use property.

The following Senate substitute was read:

A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions relat ing to bona fide conservation use property; to change certain ownership require ments; to require the submission of additional records under certain circumstances;

MONDAY, MARCH 22, 1993

2329

to prohibit certain denials of current use assessment; to provide for additional qual ifications; to change certain methods of capitalization; to provide for crop-reporting districts; to change the limits on certain value increases or decreases and provide for certain additional limits; to provide for notice of certain assessment options; to change certain provisions regarding reports of the state revenue commissioner; to provide for a one-time termination option without a penalty; to revise and change certain provisions regarding the publication by counties of a report of certain ad valorem tax information; to provide for applicability to additional taxing jurisdic tions; to provide for additional contents and recipients of such report; to repeal cer tain provisions relating to the advertisement of intent to increase property tax; 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 Section 48-5-7.4, relating to bona fide conservation use prop erty, 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 natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family farm corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibil ity is sought and which family farm corporation 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 sub section (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new paragraph (2) to read as follows:
"(2) The owner of a tract, lot, or parcel of land totaling less than ten acres ffltiy shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;".
Section 3. Said chapter is further amended in subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, by striking "and" at the end of paragraph (3), by striking the period at the end of paragraph (4) and insert ing in its place a semicolon, and by adding two new paragraphs immediately follow ing paragraph (4), to be designated paragraphs (5) and (6) to read as follows:
"(5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any purpose described in subparagraph (a)(l)(E) of this Code section; and
(6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board."
Section 4. Said chapter is further amended by striking subsection (p) of Code Section 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: (1) Mineral exploration of the property subject to the covenant or the leas
ing of the property subject to the covenant for purposes of mineral exploration

2330

JOURNAL OF THE HOUSE,

if the primary 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 fed eral agricultural assistance program, or for other agricultural management purposesT | 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 Governor2 the Department of Agriculture, the Georgia Agricultural Statistical Service, the Geor gia Forestry Commission, the Department of Natural Resources, and the Univer sity of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs com mittees and the Senate Finance and Public Utilities, Natural Resources, and Agri culture 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 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 sec tion 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 adding two new subsections at the end of Code Section 48-5-7.4, relating to bona fide conservation use property, to be designated subsections (t) and (u), to read as follows:
"(t) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax com missioner of each county in this state.
(u) Property which is subject to a covenant under this Code section which was entered into during the taxable year beginning January 1, 1992, may be changed from such covenant and placed in a new covenant for bona fide conservation use under this Code section if such property meets all of the requirements and condi tions otherwise specified under this Code section and if the owner files a written request with the board of tax assessors indicating such owner's desire to exercise this termination option on or before the last day for the payment of ad valorem taxes in such county for the taxable year beginning January 1, 1993, but not later than December 31, 1993. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under this Code section. No property may be changed under this subsection more than once."
Section 7. 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 informa tion, and inserting in its place a new Code Section 48-5-32 to read as follows:
***4*fOt "^*J~Qt>*^? . (\a*7\ TATtv I1UrnUn3Ct +l*nWrrU> TWirCnnt UlrnS JTJ\Ii*IIU/Vr TtrOt fLhI 1nC tn<n3 tfUnV U1il1i9fiItliIilvltiJn.inl tL tjTrvTf ttVlliCfi m Hlillllltnlgglf-
pfttc to? fid vftiOP6in t&x purposes IOP tJnc current Cflicndflr ycflr, *RG

MONDAY, MARCH 22, 1993

2331

(a) As used in this Code section, the term: (1) 'Levying authority' means a county, a municipality, or a consolidated
city-county governing authority or other governing authority of a political sub division of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes.
(2) 'Recommending authority' means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the board's purposes.
(3) 'Taxing jurisdiction' means all the tangible property subject to the levy of a specific levying authority or the recommended levy of a specific recom mending authority.
(b) Each levying authority and each recommending authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal ergaa ef such county throughout the county!:
(1) At least two weeks prior to the certification of any recommending authority to the levying authority of such recommending authority's recom mended school tax for the support and maintenance of education pursuant to Article VIII, Section VI, Paragraph I of the Constitution; and
(2) At least two weeks prior to the establishment by each levying authority of the millage rates for ad valorem taxes for educational purposes and ad valo rem taxes for purposes other than educational purposes for the current calendar year.
Such j-epert reports shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertise ment advertisements shall not be grounds for contesting the validity of the levy. Stieh report shall contain the following!
(c) The reports required under subsection (b) of this Code section shall con tain the following:
(1) ?%e For levying authorities, the assessed taxable value of all property, by class and in total, which is aubjcct to ad valorem taxation for county pro poses within the levying authority's taxing jurisdiction and the proposed millage rate for the levying authority's purposes for the current calendar year and such assessed taxable values and the millage rates for county purposes fot each of the immediately preceding five calendar years within the taxing juris diction, as well as the proposed total dollar amount of ad valorem tax revenue taxes to be levied for county the levying authority's purposes for the current calendar year and the total dollar amount of ad valorem taxes levied for the levying authority's 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. In the event the rate levied in the unincorporated area is different from the rate levied in the incorporated area, the report shall also indicate all required information with respect to the incor
porated area, unincorporated area, and a combination of incorporated and unin corporated areas; and
(2) ^Fhe For recommending authorities, the assessed taxable value of all property, by class and in total, which is subject te d valorem taxation for
school purposes within the recommending authority's taxing jurisdiction and the proposed millage rate for the recommending authority's purposes for the
current calendar year and such assessed taxable values and the millage rates for school purposes for each of the immediately preceding five calendar years
within th taxing jurisdiction, as well as the proposed total dollar amount of ad valorem tax revenue for school taxes to be recommended for the recom
mending authority's purposes for the current calendar year and the total dollar amount of ad valorem taxes levied for the recommending authority's purposes for each of the immediately preceding five calendar years. The information

2332

JOURNAL OF THE HOUSE,

required for each year specified in this paragraph shall also indicate the per centage increase and total dollar increase with respect to the immediately pre ceding calendar year? and
(3) The date, time, and place where the levying or recommending authority will be setting its millage rate for such authority's purposes. {b} (d) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published fepert reports for the county governing authority and the county board of education with such digest. In the event a digest is not accepted for review by the commissioner pur suant to this subsection, it shall be accepted for review upon satisfactory submis sion by such county of a copy of such published report reports. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met."
Section 8. Said article is further amended by striking Code Section 48-5-32.1, relating to the advertisement of intent to increase property tax, which reads as fol lows:
"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 immedi ately preceding the new fiscal year minus the millage equivalent of the values added by reassessment certified by the tax assessor. (7) 'Taxing jurisdiction' means a county or municipality, a county, indepen dent, or area school district, or a consolidated city-county government or other political subdivision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes. (8) 'Values added by reassessments' means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property. (b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction: (1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and (3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and property added or deleted due to geographic boundary changes but inclusive of values added by reassessments, will provide the same ad valo rem tax revenue for the taxing jurisdiction's next fiscal year as was levied dur ing the current fiscal year. (c) (1) No millage for the fiscal year beginning in 1992 and any year thereaf ter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or

MONDAY, MARCH 22, 1993

2333

ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this 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 PROPERTY TAX INCREASE
The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).' Simultaneously with this notice the governing authority shall provide a press release to the local media. (3) The advertisement shall appear at least one week prior to the hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after the hearing and shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as estab lished pursuant to paragraph (2) of this subsection. (5) Any notice or hearing required under this Code section may be com bined 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 adver tisement and hearings as required in this Code section. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate.", and inserting in its place a new Code Section 48-5-32.1 to read as follows: "48-5-32.1. Reserved."
Section 9. Said chapter is further amended by striking subsection (b) of Code Section 48-5-269, relating to certain uniform books, records, manuals, and values, and inserting in its place new subsections (b) and (c) to read as follows:
"(b) The commissioner shall promulgate after consultation with the Depart ment of Agriculture, the Georgia Agricultural Statistical Service, the Georgia For estry Commission, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow uniform rules and regula tions establishing a table of values for the current use value of bona fide conser vation use property. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the following provisions and criteria:

2334

JOURNAL OF THE HOUSE,

(1) Sales data for arm's length, bona fide sales of comparable real property with and for the same existing use and per-acre property values determined by the capitalization of net income before property taxes, with sales data to be weighted 35 percent and income capitalization values to be weighted 65 per cent. All sales data shall be adjusted to remove the influence of the size of the tract on the sales price of tracts below 50 acres in size. Income capitalization values shall be derived from the respective conservation use property classifica tions, with consideration given to productivity of the respective major geological or geographical regions, and for this purpose:
(A) Net income before property taxes shall be determined for: (i) Agricultural land by calculating a weighted average of all crop and
pasture acreage in each district as designated by paragraph (2) of this sub section in the following manner:
(i> (I) Crop land by calculating the five-year weighted average of per-acre net income before property taxes 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; and {} (II) Pasture property by calculating a five-year weighted average
of per-acre rental rates from pasture land; and
(Mi) (ii) Forest property by calculating a five-year weighted average of per-acre net income before property taxes from hardwood and softwood harvested in Georgia. For purposes of this division, the term 'property
taxes' shall not include the tax under Code Section 48-5-7.5 which tax shall be considered in calculating net income; 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 refer enced 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, divi
sions (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 the unincorporated area of each county located within the regions established by paragraph (2) of this subsection;
(2) The state shall be divided into appropriate geographical regions an appropriate grouping of the nine crop-reporting districts as delineated by the Georgia Agricultural Statistical Service for the purpose of determining any cal
culation under this subsection; (3) In no event may the current use value of any conservation use property
in the table of values established by the commissioner under this subsection for
the taxable year beginning January lj 1993, increase or decrease by more than 15 percent from its current use value as set forth m the table of values estab
lished by the commissioner under this subsection for the taxable year beginning January 1^ 1992. In no event may the current use value of any conservation use
property increase er decrease during a covenant peried by store than 4 percent

covenant period in the table of values established by the commissioner under this subsection for the taxable year beginning January 1^ 1994, or any subse quent taxable year increase or decrease by more than 3 percent from its current use value as set forth in the table of values established by the commissioner under this subsection for the immediately preceding taxable year; and

MONDAY, MARCH 22, 1993

2335

(4) Environmentally sensitive properties as certified by the Department of Natural Resources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this subsection. (c) In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 3 percent from its current use value for the previous taxable year or increase or decrease during a covenant period by more than 34.39 percent from the first year of the covenant period. The limitations imposed by this subsection shall apply to the total value of all the conservation use property that is the subject of an individual covenant including any improvements that meet the qualifications set forth in paragraph (1) of subsection (a) of Code Section 48-5-7.4; provided, however, that in the event the owner changes the use of any portion of the land or adds or removes therefrom any such qualified improvements, the limitations imposed by this sub section shall be recomputed as if the new uses and improvements were in place at the time the covenant was originally entered."
Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1, 2, 3, 4, and 9 of this Act shall be applicable to all bona fide conservation use covenants entered into for all taxable years beginning on or after January 1, 1993, and to any table of values of bona fide conservation use property established by the state revenue commis sioner for all taxable years beginning on or after January 1, 1993. Any bona fide conservation use covenant entered into for the taxable year beginning January 1, 1992, shall continue to be governed by the law in effect for that taxable year.
Section 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the 9th moved that the House agree to the Senate sub stitute to HB 66.
On the motion, the ayes were 109, nays 11.
The motion prevailed.

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.

The following Senate amendment was read:

Amend the House substitute to SB 13 by striking "custodian" and inserting "court and custodian" on line 2 of page 4.
By striking line 4 of page 4 through line 7 of page 5 and inserting in lieu thereof the following:
"(c) Upon receipt of the telephone number, the custodian of the person charged with stalking or aggravated stalking shall take reasonable and necessary steps under the circumstances to notify the victim of the person's release from custody. Such notice shall, at a minimum, include:

2336

JOURNAL OF THE HOUSE,

(1) Prior to the person's release, placing a telephone call to the number pro vided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine; and
(2) Following the person's release, if the custodian is unable to notify the victim by the method provided in paragraph (1) of this subsection, telephoning the number provided by the victim no less than two times in no less than 15 minute intervals within one hour of custodial release and giving notice to the victim or to any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine.
(d) Upon receipt of the telephone number, the court conducting a hearing on the issue of bail shall take reasonable and necessary steps under the circum stances to notify the victim of any scheduled hearing on the issue of bail. Such notice shall, at a minimum, include placing a telephone call to the number pro vided by the victim prior to any scheduled hearing on the issue of bail.
(e) Notwithstanding any other provision of this Code section, a scheduled bail hearing or the release of the person charged with stalking or aggravated stalking shall not be delayed solely for the purpose of effectuating notice pursuant to this Code section for a period of more than 30 minutes.
(f) Upon the person's release or escape from custody after conviction and ser vice of all or a portion of a sentence, notification to the victim shall be provided by the State Board of Pardons and Paroles as set forth in Code Sections 42-9-46 and 42-9-47.
(g) This Code section shall not apply to a custodian who is transferring a per son charged with stalking or aggravated stalking to another custodian in this state.
(h) As used in this Code section, the term 'custodian' means a warden, sheriff, jailer, deputy sheriff, police officer, officer or employee of the Division of Youth Services or any other law enforcement officer having actual custody of an inmate.
(i) A custodian or his or her employing agency shall not be liable in damages for a failure to provide the notice required by this Code section, but the custo dian shall be subject to appropriate disciplinary action including termination for such failure.'"

Representative Thomas of the 100th moved that the House agree to the Senate amendment, to the House substitute, to SB 13.
On the motion, the ayes were 118, nays 0.
The motion prevailed.

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

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Confer ence on the following Bill of the House:

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 pro vide for the merger of certain hospital authorities and the terms, con ditions, and effects of such merger; to provide for reactivating certain hospital authorities.

MONDAY, MARCH 22, 1993

2337

The President has appointed on the part of the Senate the following: Senators Clay of the 37th, Starr of the 44th and Walker of the 22nd.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by outof-state principals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to principals located in this state.

The Senate insists on amendment #1, and recedes from amendments #2 and #3 to the following Bill of the House:

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

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 main tain 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.

The Senate adheres to its substitute and has appointed a Committee of Confer ence on the following Bill of the House:

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 pub lic 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.
The President has appointed on the part of the Senate the following:
Senators Balfour of the 9th, Tysinger of the 41st and Starr of the 44th.

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

2338

JOURNAL OF THE HOUSE,

HB 781. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia and related matters, so as to provide that employees of the Department of Technical and Adult Education who retire and who are subsequently rehired by such department may not then elect to become members of a retirement system other than the system under which they initially retired.

The Senate has passed, as amended, by the requisite constitutional majority the following Bill 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 Annotated, relating to registration and licensing of motor vehicles, so as to provide that the new license plates issued in 1995 shall bear fig ures, characters, symbols, or a combination thereof to commemorate and promote the 1996 Olympics to be held in Atlanta, Georgia.

The Senate insists on its substitute to the following Bill of the House:

HB 964. By Representative Smith of the 169th:
A bill to amend Code Section 21-2-4 of the Official Code of Georgia Annotated, relating to designation of congressional districts, so as to change the composition of certain congressional districts.

The Senate insists on its amendment to the following Bill of the House:

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 Annotated, 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 corpora tions; 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 Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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 programs, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and expenses, and powers and duties; to provide for duties of the Department of Education.
The President has appointed on the part of the Senate the following:

MONDAY, MARCH 22, 1993

2339

Senators Taylor of the 12th, Scott of the 36th and Brown of the 26th.

The Senate adheres to its disagreement to the House amendment and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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 relat ing to the membership, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council.
The President has appointed on the part of the Senate the following:
Senators Taylor of the 12th, Oliver of the 42nd and Henson of the 55th.

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.

2340

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 23, 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 Charles Sineath, Pastor, First United Methodist 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.
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 1152. By Representatives Dobbs of the 92nd and Stancil of the 91st: A bill to amend an Act providing for a change in the compensation of the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court, and the Chairperson of the Board of Commissioners of Newton County to reflect increases in the cost of living, so as to change the base salary for such county officers.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1153. By Representatives Holmes of the 53rd, McKinney of the 51st, Sinkfield of the 57th, Ashe of the 46th, Martin of the 47th and others: A bill to amend Code Section 47-2-298 of the Official Code of Georgia Anno tated, relating to creditable service in the Employees' Retirement System of Georgia for employees or former employees of a county department of family and children services in each county of this state having a population of 290,000 or more according to the United States decennial census of 1980 or any future such census, so as to delete the population classification.
Referred to the Committee on Retirement.

TUESDAY, MARCH 23, 1993

2341

HB 1154. By Representative 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 1155. By Representatives Klein of the 39th, Ashe of the 46th and Ray of the 128th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to persons with disabilities, so as to provide for the sale of tickets to seating facilities designated for persons with disabilities at public events.
Referred to the Committee on Industry.

HB 1156. By Representatives Klein of the 39th, Vaughan of the 34th, Smith of the 174th, Atkins of the 29th, Barnes of the 33rd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the posting of certain notices and the furnishing of certain information to the purchasers of energy resources.
Referred to the Committee on Ways & Means.

HB 1157. By Representative Teper of the 61st:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to the rights, duties, and liabilities of innkeepers, so as to require innkeepers, hotels, and motels to post in guest rooms a notice that certain sexual conduct of individuals constitutes criminal offenses under the laws of this state; to require certain types of notice in guest rooms; to provide a penalty; to provide what constitutes a separate offense.
Referred to the Committee on Special Judiciary.

HB 1158. By Representatives Williams of the 114th, Padgett of the 119th and Connell of the 115th:
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 promote health and safety in places of employment by requiring and administering the establishment of safety committees for poli cies issued.
Referred to the Committee on Industrial Relations.

HB 1159. By Representative Cummings of the 27th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public retirement and pen sion systems, so as to provide that certain public employees who are temporarily disabled shall be eligible to obtain creditable service under their respective retirement systems for service lost during the temporary disability subject to certain limitations.
Referred to the Committee on Retirement.

2342

JOURNAL OF THE HOUSE,

HB 1160. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Anno tated, 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 1161. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, 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 1162. By Representatives Dixon of the 150th, Mobley of the 86th and Lane of the 55th:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to provide for the imposition of an additional administrative fee for prosecu tions for certain traffic offenses of this state under specified circumstances.
Referred to the Committee on State Planning & Community Affairs.

HB 1163. By Representatives Williams of the 114th, Carter of the 166th and Watson of the 139th:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, counselors, and adjusters, so as to authorize an insurance agent to charge a service fee for processing an application for a personal lines policy of motor vehicle insurance subject to certain conditions.
Referred to the Committee on Insurance.

HB 1164. By Representative Turnquest of the 73rd:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to authorize the operation of pari-mutuel race tracks in this state; to provide for purpose; to authorize pari-mutuel wagering on thoroughbred horse racing, standardbred horse racing, quarter horse rac ing, arabian horse racing, and appaloosa horse racing.
Referred to the Committee on Industry.

HB 1165. By Representative Greene of the 158th:
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 pro vide that certain employees of the Department of Corrections may retire at 55 years of age, with at least ten years of creditable service, and may receive benefits accrued to such time.
Referred to the Committee on Retirement.

TUESDAY, MARCH 23, 1993

2343

HB 1166. By Representative Byrd of the 170th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Anno tated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the maximum cost-of-living benefit increase under such fund.
Referred to the Committee on Retirement.

HB 1167. By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide a date for municipal elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 563. By Representatives Twiggs of the 8th, Colwell of the 7th and Thomas of the 100th:
A resolution urging the Board of Public Safety to review certain career con cerns of personnel in the Uniform Division of the Department of Public Safety.
Referred to the Committee on Public Safety.

HR 564. By Representative Twiggs of the 8th:
A resolution authorizing the conveyance of certain state owned real property located in Rabun County.
Referred to the Committee on State Institutions & Property.

HR 579. By Representative Burkhalter of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to provide for the use of development impact fees for public school facilities and equipment.
Referred to the Committee on Industry.

HR 606. By Representative Turnquest of the 73rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the regulation of pari-mutuel wagering and to define pari-mutuel wagering.
Referred to the Committee on Industry.

HR 609. By Representatives Lane of the 146th, Dover of the 9th, Reaves of the 178th, Barfoot of the 155th, Bates of the 179th and others:
A resolution proposing an amendment to the Constitution so as to provide that farm equipment may be classified as a separate class of property for ad valorem property tax purposes and that different rates, methods, and assess ment dates may be provided for such farm equipment; to authorize the Gen eral Assembly to provide by general law for the ad valorem taxation of farm equipment.
Referred to the Committee on Ways & Means.

2344

JOURNAL OF THE HOUSE,

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

HB 1134 HB 1135 HB 1136 HB 1137
riij lloo

HB 1144 HB 1145 HB 1146 HB 1147
TJO 11 AQ

SB U4o9
Hl gg HB 1142 HB 1143

TM
HB 1150 HB 1151 HR 555

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 1133 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 23, 1993
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enu merated below:
HR 311 U.S. Army Corps of Engineers; urge remaining in Savannah HR 331 Study Comm on Emp Training in the Construction Ind; create
SB 28 Ignition interlock device; condition of probation for DUI SB 29 OPB; employees in unclassified service of merit system SB 45 State Board of Education; hearings; amend requirements SB 85 Federal tax liens; filing; superior court clerk SB 125 Property assessment; taxpayer appeal; change time SB 156 Superior court clerk; distribution of fines; priorities SB 162 Office of Treasury and Fiscal Services; create SB 172 Year's support; define child SB 173 Wrongful death of spouse or parent; minors; guardian SB 196 State court clerks; serve as magistrate court clerk SB 200 Pollution Prevention Assistance Act; enact SB 225 Commission on the Preservation of the State Capitol; create SB 240 Insurance; workers' compensation; notice of cancellation SB 273 Workers' compensation; employee definition; municipal inmate SB 282 Tax collectors and tax commissioners; minimum salary SB 283 Certain nonpartisan elections; hold during general election SB 315 Magistrate courts; office of senior magistrate; create

TUESDAY, MARCH 23, 1993

2345

SB 317 Limousine carriers; regulation by Public Service Commission SB 335 State budgetary processes; amend provisions SB 352 Public school retirees; health insurance; continue coverage SB 358 Juvenile proceedings; mediation; supervision fees SB 359 Public funds; security interest; bank other than depository SB 369 QBE; secondary credit for post-secondary courses; amend prov SB 372 State purchasing; State Use Council; create
SR 7 Task Force on Ed Outcomes Based Flexibility; create SR 8 Capital Outlay for Education Task Force; create SR 44 Joint Study Commission on Revenue Structure; re-create SR 109 Jt Study Comm on Creation of Dept of Deaf & Hard of Hearing SR 211 Commuter efficiency program for state employees; urge DOT est
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 Bill of the House was taken up for consideration and read the third time:

HB 1133.

By Representatives Dixon of the 150th, Pelote of the 149th, Mueller of the 152nd, Johnson of the 153rd and Johnson of the 148th:
A bill to repeal and Act creating the Intergovernmental Council 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 102, 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 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.

HB 958. By Representative Reaves of the 178th: A bill to create the State Court of Brooks County.

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.

2346

JOURNAL OF THE HOUSE,

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.

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.

HB 1028.

By Representative Carrell of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to provide new election districts.

HB 1031.

By Representative Birdsong of the 123rd:
A bill to amend an Act placing the sheriff of Wilkinson County on an annual salary, so as to change the compensation and benefits of said sheriff; to pro vide for minimum personnel for the office of such sheriff and provide for the compensation and benefits of such personnel.

HB 1032.

By Representative Birdsong of the 123rd:
A bill to amend an Act abolishing the prior method of compensating the Clerk of the Superior Court of Wilkinson County, known as the fee system, and providing an annual salary for such officer, so as to change the compen sation, benefits, and expenses of such clerk; to provide for minimum person nel for the office of such clerk and for the compensation and benefits of such personnel.

HB 1033.

By Representative Birdsong of the 123rd:
A bill to amend an Act creating the office of tax commissioner of Wilkinson County, so as to change the provisions relating to the compensation and ben efits of such officer; to provide for minimum personnel for the office of the tax commissioner and for the compensation and benefits of such personnel.

HB 1036.

By Representative Floyd of the 138th:
A bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, so as to change the composition of the education districts.

HB 1038. By Representatives Bordeaux of the 151st, Johnson of the 153rd, Pelote of the 149th and Johnson of the 148th:
A bill to amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, so as to change the provisions relating to such additional supplement.

HB 1039. By Representative Greene of the 158th: A bill to provide a new charter for the City of Omaha.

TUESDAY, MARCH 23, 1993

2347

HB 1040.

By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the supe rior courts and the district attorney of the Brunswick Judicial Circuit; to authorize Wayne County to increase such salary supplement.

HB 1041.

By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Douglasville-Douglas County Charter Commission, so as to change the provisions relating to the referendum for the submission of the proposed county-wide government charter to the quali fied voters for approval or rejection.

HB 1042. By Representative Patten of the 176th:
A bill to amend an Act creating a board of commissioners for Lanier County, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners.

HB 1043. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A bill to transfer the intake and probation services of Athens-Clarke County to the state-wide juvenile and intake services funded by the Georgia Depart ment of Children and Youth Services.

HB 1045. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to change the provision relating to the compensation of the chairman of the Board of Commissioners of Fayette County and members of the Board of Commissioners of Fayette County.

HB 1046. By Representative Birdsong of the 123rd:
A bill to amend an Act designating the judge of the Probate Court of Wilkinson County to serve as the chief magistrate of the Magistrate Court of Wilkinson County, so as to change the compensation and benefits that the chief magistrate, magistrates, and clerk of that court receives for their services.

HB 1047. By Representative Greene of the 158th:
A bill to amend an Act relating to the Magistrate Court of Randolph County, so as to provide for the election of the chief magistrate of the Magistrate Court of Randolph County on and after a certain date; to provide that the judge of the Probate Court of Randolph County shall not serve as chief mag istrate on or after a certain date or the occurrence of a certain event.

HB 1048. By Representative Greene of the 158th:
A bill to authorize the chief magistrate of Clay County to serve as deputy clerk of the Superior Court of Clay County.

HB 1055.

By Representatives Lewis of the 14th and Cummings of the 27th:
A bill to amend an Act providing a new charter for the City of Euharlee, so as to change the maximum amount of fine which the mayor's court may fix as punishment for crimes against the city and for violations of its ordinances.

2348

JOURNAL OF THE HOUSE,

HB 1056.

By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to create a board of elections and registration for Bartow County and provide for its powers and duties.

HB 1057.

By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the salary of the judge of the probate court; to increase the clerical help allowance for the judge of the probate court; to increase the clerical help allowance of the clerk of the superior court.

HB 1058.

By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to change the provisions relating to the compensation of the members of the board of utilities commissioners.

HB 1060.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to provide for a director of utilities and public works; to change the provisions relating to the city administrator.

HB 1061.

By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of Commissioner of Catoosa County, so as to provide for a County Manager of Catoosa County and the compensation and qualifications thereof.

HB 1069.

By Representative Shanahan of the 10th:
A bill to amend an Act to provide a new charter for the City of Calhoun, so as to authorize the governing authority of the City of Calhoun to appro priate up to $5,000.00 per fiscal year to Winner's Club of Calhoun, Inc..

HB 1070. By Representatives Carlisle of the 107th and Yates of the 106th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the description of the districts from which are elected mem bers of the Griffin-Spalding County Board of Education.

HB 1071. By Representative Twiggs of the 8th: A bill to provide a new charter for the City of Hiawassee.

HB 1072.

By Representative Ashe of the 46th:
A bill to amend an Act providing for the election of the members of the Board of Education of Fulton County, so as to change the compensation of the members.

HB 1076. By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish the Ellaville-Schley County Charter Commis sion.

TUESDAY, MARCH 23, 1993

2349

HB 1079. By Representatives Childers of the 13th and Smith of the 12th:
A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide a one-year residency requirement for persons quali fying for election as a member of the board.

HB 1081.

By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of certain education districts.

HB 1083.

By Representatives Dixon of the 150th, Mueller of the 152nd, Johnson of the 153rd, Pelote of the 149th, Johnson of the 148th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the minimum compensation of the clerk of the superior court.

HB 1089.

By Representatives Bargeron of the 120th, Harris of the 112th and Moore of the 113th:
A bill to provide for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner and the clerk of the Superior Court of Columbia County.

HB 1095. By Representatives Connell of the 115th, Brown of the 117th, Hart of the 116th, Padgett of the 119th, Howard of the 118th and others:
A bill to amend an Act establishing the compensation of certain officials in Richmond County, so as to provide that any superior court judge currently serving in the Augusta Judicial Circuit and any additional superior court judge appointed hereafter to such circuit shall receive such compensation.

HB 1108.

By Representative Bargeron of the 120th:
A bill to amend an Act incorporating the City of Stapleton (formerly the Town of Spread), so as to provide for two-year staggered terms of office for the mayor and members of the city council.

HB 1110. By Representative Carter of the 166th: A bill to provide a new charter for the City of Enigma.

HB 1116.

By Representative Byrd of the 170th:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.

HB 1118.

By Representative Byrd of the 170th:
A bill to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, so as to provide for a range of compensa tion for the chairperson and members of the board.

HB 1121. By Representative Coleman of the 142nd:
A bill to provide for the membership of the board of the Dodge County Hos pital Authority.

2350

JOURNAL OF THE HOUSE,

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".

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.

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.

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 Anno tated, 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.

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.

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.

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.

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".

TUESDAY, MARCH 23, 1993

2351

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.

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.

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.

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.

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 Anno tated, relating to courts so as to revise the definition of "court reporting".

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.

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.

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.

2352

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

TUESDAY, MARCH 23, 1993

2353

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.

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.

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.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House and Senate:

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.

SR 248. By Senator Oliver of the 42nd: A resolution designating the Clark Harrison State Office Building.

HR 374. By Representative Lane of the 55th: A resolution creating the Fulton County Recreation Study Commission.

HR 427. 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 to provide for the nomination and election of the state auditor.

HR 78. By Representative Carrell of the 87th: A resolution compensating Mr. Ricky Lee Boynton.

HR 155. By Representative Wall of the 82nd: A resolution compensating Ms. Lorraine Strickland.

HR 156. By Representative Colwell of the 7th: A resolution compensating Mrs. L. C. Poore.

HR 157. By Representative Coleman of the 142nd: A resolution compensating Albert and Delia Mae Lampkin.

2354

JOURNAL OF THE HOUSE,

The Senate has agreed to the House amendment to the following Bill of the Senate:

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.

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

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 231. By Senator Cheeks of the 23rd:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide that each promotional offer made in the state must be identi fied on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously.

SB 269. By Senators Blitch of the 7th and Oliver of the 42nd:
A bill to amend Code Section 19-9-3 of the Official Code of Georgia Anno tated, relating to discretion of court in custody disputes, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties.

The following Resolutions of the House were read and adopted:

HR 580. By Representative Poston of the 3rd: A resolution commending Kimberly Elaine Patty.

HR 581. By Representative Poston of the 3rd: A resolution commending James House Henderson III.

HR 582. By Representative Poston of the 3rd: A resolution commending Jason Bishop Mills.

HR 583. By Representative Poston of the 3rd: A resolution commending Wendy Elizabeth Morgan.

TUESDAY, MARCH 23, 1993

2355

HR 584. By Representative Smith of the 169th: A resolution commending the Bushmen.

HR 585. By Representative Smith of the 169th: A resolution commending the Brantley County Heron Pride Band.

HR 586. By Representative McClinton of the 68th: A resolution commending Little Friendship Missionary Baptist Church.

HR 587. By Representative McClinton of the 68th: A resolution commending Thankful Baptist Church.

HR 588. By Representatives Colwell of the 7th, Twiggs of the 8th, Murphy of the 18th, Coleman of the 142nd, Parham of the 122nd and others:
A resolution commending Jodi LeDeana Ellis.

HR 589. By Representative Carrell of the 87th: A resolution commending Douglas Glenn Eckles.

HR 590. By Representative Carrell of the 87th: A resolution commending Jayson Kyle Huntsman.

HR 591. By Representatives Colwell of the 7th, Twiggs of the 8th, Murphy of the 18th, Groover of the 125th, Barnes of the 33rd and others:
A resolution commending Honorable Carol W. Hunstein.

HR 592. By Representatives Colwell of the 7th, Twiggs of the 8th and Poag of the 6th:
A resolution commending the Fannin County 9 and 10 year old Girls Basket ball Team.

HR 593. By Representatives Colwell of the 7th, Twiggs of the 8th and Poag of the 6th:
A resolution commending the Fannin County High School Lady Rebels.

HR 594. By Representative Davis of the 60th:
A resolution commending the Dunwoody High School "Wildcats" football team on its outstanding season.

HR 595. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A resolution commending the Rome News-Tribune.

HR 596. By Representative Powell of the 23rd: A resolution commending Robert Westbrook Perry.

2356

JOURNAL OF THE HOUSE,

HR 597. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A resolution commending the Byne Lady Saints Basketball team.

HR 598. By Representative Smith of the 109th: A resolution commending William Jefferson "Billy" Sutton.

HR 599. By Representative Smith of the 109th: A resolution commending Claude Maddox.

HR 600. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Buckner of the 95th and Johnson of the 97th:
A resolution recognizing the North Clayton Senior High School Band and Band Director Vincent K. Rosse.

HR 601. By Representatives Snow of the 2nd, Chandler of the 99th and Perry of the llth:
A resolution commending Lt. William Zack Byrd.

HR 602. By Representatives Powell of the 23rd, Harris of the 112th, Davis of the 60th and Lakly of the 105th:
A resolution commending the Sons of Confederate Veterans.

HR 603. By Representative Bailey of the 93rd: A resolution expressing sympathy at the passing of Mrs. Emily H. Tallant.

HR 604. By Representative Hembree of the 98th:
A resolution recognizing and commending Alpha Zeta Chapter of Chi Phi Fraternity at West Georgia College.

HR 605. By Representative Poston of the 3rd:
A resolution expressing sympathy at the passing of Timothy "Tim" K. Bonner.

HR 607. By Representatives Bailey of the 93rd, Buckner of the 95th, Lee of the 94th, Johnson of the 97th and Benefield of the 96th:
A resolution commending the North Clayton High School Boys Basketball Team and inviting them to the House of Representatives.

HR 608. By Representative McClinton of the 68th: A resolution commending and recognizing Oakhurst Church.

HR 612. By Representatives Byrd of the 170th and Coleman of the 142nd: A resolution recognizing and commending Honorable J. D. Williams.

TUESDAY, MARCH 23, 1993

2357

HR 613. By Representatives Byrd of the 170th, Heard of the 89th, Greene of the 158th and Purcell of the 147th:
A resolution recognizing and commending the students selected as officials of the Georgia Youth Assembly.

HR 614. By Representatives Byrd of the 170th, Poag of the 6th, Twiggs of the 8th, Mosley of the 171st and Coleman of the 142nd:
A resolution commending Sheriff Marcus L. Hall of Jeff Davis County and extending sympathy at his untimely passing.

HR 615. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A resolution commending Fred Smith.

HR 616. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A resolution commending Charles Q. Carter.

HR 617. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending Mrs. Annie McLendon.

HR 618. By Representatives Bailey of the 93rd, Lee of the 94th and Colwell of the 7th:
A resolution commending James E. Underwood.

HR 619. By Representatives Johnson of the 148th, Sinkfield of the 57th, Pelote of the 149th, Dixon of the 150th and Bordeaux of the 151st:
A resolution recognizing and commending Mrs. Sadie Davis Steele.

HR 620. By Representative White of the 161st:
A resolution honoring Mr. Benjamin B. White on the occasion of his retire ment.

HR 621. By Representative Davis of the 60th: A resolution commending Miss Alison Ann Danford.

HR 622. By Representatives Bordeaux of the 151st and Pelote of the 149th:
A resolution expressing regret at the passing of Mr. Clifton A. Wiggins, Sr., of Savannah, Georgia.

HR 623. By Representative Byrd of the 170th: A resolution recognizing and commending Harry K. Moseley.

HR 624. By Representative Carrell of the 87th: A resolution commending Adam Star Palmer.

2358

JOURNAL OF THE HOUSE,

HR 625. By Representatives Holmes of the 53rd, White of the 161st, Connell of the 115th, Roberts of the 162nd and Sinkfield of the 57th:
A resolution commending Dauda Yahaya.

HR 626. By Representatives Holmes of the 53rd, White of the 161st, Connell of the 115th, Brooks of the 54th, Roberts of the 162nd and others:
A resolution commending Dr. Steve Olugbemi.

HR 627. By Representatives Holmes of the 53rd, White of the 161st, Connell of the 115th, Brooks of the 54th, Roberts of the 162nd and others:
A resolution commending Caleb Garba.

HR 628. By Representatives Colwell of the 7th, Lee of the 94th, Twiggs of the 8th, Poag of the 6th, Williams of the 63rd and others:
A resolution honoring the Reverend James M. Holt.

HR 629. By Representatives Colwell of the 7th, Twiggs of the 8th, Poag of the 6th, Dover of the 9th, Greene of the 158th and others:
A resolution commending Mr. Richard M. Austin and wishing him a speedy recovery.

HR 630. By Representative Carrell of the 87th: A resolution commending Randolph W. Camp.

HR 631. By Representative McClinton of the 68th: A resolution commending the Antioch East Baptist Church of Atlanta.

HR 632. By Representative McClinton of the 68th: A resolution recognizing the Greater Piney Grove Baptist Church.

HR 633. By Representatives Poston of the 3rd, Bailey of the 93rd, James of the 140th, Golden of the 177th, Greene of the 158th and others:
A resolution commending Sharla Daniell.

HR 634. By Representative Byrd of the 170th: A resolution commending Mrs. Wilma Collins.

HR 635. By Representatives Buckner of the 95th, Hanner of the 159th and Pelote of the 149th:
A resolution commending certain public parks and recreation lands in Geor gia.

HR 636. By Representative Byrd of the 170th: A resolution expressing sympathy at the passing of Grover C. Peebles.

TUESDAY, MARCH 23, 1993

2359

HR 637. By Representative Chandler of the 99th: A resolution commending Gary Waters.

HR 638. By Representative White of the 161st:
A resolution commending Mr. James A. Cross on the occasion of his retire ment.

HR 639. By Representative McClinton of the 68th: A resolution commending Israel Baptist Church.

HR 640. By Representative Byrd of the 170th: A resolution expressing sympathy at the passing of Eugene A. Hinely.

HR 641. By Representative Holland of the 157th: A resolution commending Calvin Johnston.

HR 642. By Representative Holland of the 157th:
A resolution commending Mr. Henry Roy Tucker on the occasion of his ninety-fifth birthday.

HR 643. By Representative Holland of the 157th:
A resolution commending Austin Saxon on the occasion of the publication of his book, A Likely Story.

HR 644. By Representatives Holland of the 157th, Chambless of the 163rd and Poston of the 3rd:
A resolution expressing regret at the passing of Bill Knight.

HR 645. By Representative Holland of the 157th:
A resolution commending Fred Raines upon the occasion of his ninetieth birthday.

HR 646. By Representative Holland of the 157th: A resolution in memory of Florence "Tid" Coker Christian.

HR 647. By Representatives Holland of the 157th and Chambless of the 163rd:
A resolution commending the Women of Distinction Social Club of Sylvester, Worth County, Georgia, on the occasion of their eleventh anniversary.

HR 648. By Representatives Smith of the 169th and Mosley of the 171st: A resolution recognizing "Georgia Blueberry Week".

HR 649. By Representative Holland of the 157th: A resolution acknowledging Mathew Mason Shealy.

2360

JOURNAL OF THE HOUSE,

HR 650. By Representatives Snow of the 2nd and Perry of the llth:
A resolution commending the city officers and employees of the City of LaFayette.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 begin ning July 1, 1993 and ending June 30, 1994.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 259

The Committee of Conference on HB 259 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 259 be adopted.

Respectfully submitted,

FOR THE SENATE: .

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harrill L. Dawkins Senator, 45th District

/s/ Terry L. Coleman Representative, 142nd District

/s/ Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 141st District

/s/ Wayne Garner Senator, 30th District

/s/ Thomas B. Buck, III Representative, 135th District

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 $8,712,500,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1994.
PART I.
LEGISLATIVE BRANCH
Section 1. General Assembly.

TUESDAY, MARCH 23, 1993

2361

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....................................................................$

22.625.363 11,507,461 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 22,625,363 22,625,363

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

$

3,593,591

$

691,168

$

1,194,849

$

5,479,608

$

3,593,591

$

691,168

$

1,194,849

$

5,479,608

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

$

8,728,384

$

489,009

$

1,278,016

$

10,495,409

$

8,728,384

$

489,009

$

1,278.016

$

10,495,409

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,293,420

$

2,251,457

$

973,058

$

1,132,411

$

6,650,346

$

2,293,420

$

2,251,457

$

973,058

$

1,132,411

$

6,650,346

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

2362

JOURNAL OF THE HOUSE,

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 Com mittee shall seek to determine ways to effect economies in the expenditure of funds appro priated 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....................................................................!

15,753.386 13,309,012
386,000 521,650 115,540 15,000 803,184 39,000 450,000 114,000 15,753,386 15,753,386

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5.131.909 4,327,809 1,489.100 5,816,909 5,131,909

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................!
Personal Services.............................................................................! Operating Expenses........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,778,182 5,114,005
714,177 5,828,182 5,778,182

Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................!
Operation of the Courts.................................................................! Prosecuting Attorneys' Council.....................................................!

48.888.332 47,515,523
1,840,926

TUESDAY, MARCH 23, 1993
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....................................................................! 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 ........................................................................$

2363
157,415 126,609 1,122,075 50,762,548 48,888,332
911,803
639,950 502,250 137,700 780,950 639,950
2,286,773 1,166,784
76,500 41,689 26,000 20,000 12,000
33,800 250,000 660,000 2,286,773 2,286,773
37,152,352 48,140,667 12,388,068
259,300 270,400 1,632,804 11,272,599 2,937,687

2364

JOURNAL OF THE HOUSE,

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....................................................................!

4,827,483 419,425
11,289,500 41,000
2,750,000
500,000
2,572,514 45,416,967
440,600 16,500,000
150,000
35,000 161,844,014 37,152,352

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

1,816,621 5,922,815 10,968,692
477,122 2,840,463
469,465 16,906,230 49,503,674 3,699,878 57,531,241 6,377,920 1,655,411 1,164,587 2,070,847
439,048 161,844,014

550,758 5,890,426 8,218,692
477,122 2,840,463
0 0 12,885,843 0 5,850,000 0 0 0 0 439,048 37,152,352

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 0
33,027,372 0

TUESDAY, MARCH 23, 1993

2365

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 ........................................................................$ 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.............................................................................!

33,908.417 29,639,196 4,079,695
915,170 379,616 396,337 281,807 787,510 395,000 1,173,236 860,000
2,470,000
1,955,063 412,000 127,000 175,000
573,546
700,000

2366

JOURNAL OF THE HOUSE,

Capital Outlay .................................... Contract - Federation of Southern
Cooperatives.................................... Boll Weevil Eradication Program..., Total Funds Budgeted....................... State Funds Budgeted.......................

0
40,000 60,000 45,420,176 33,908,417

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

5,304,280 6,934,275 1,711,995 3,224,431 3,416,900 2,038,416 2,954,042
7,872,585 3,932,620 5,014,258
659,578 2.356,796 45,420,176

4,998,280 6,678,275 1,659,995 3,099,431 3,027,400 2,038,416 2,820,642
4,973,042 1,337,482 1,392,658
0 1,882,796 33,908,417

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....................................................................!

0 798,896 189,361
6,000 23,000 10,000 2,250
0 7,500 13,939 75,000 104,500 1,230,446
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....................................................................!

8,301.513 6,658,535
355,049 331,059 150,623 84,727 350,664 287,100 76,256
7,500 8,301,513 8,301,513

Section 15. Department of Children and Youth Services.

TUESDAY, MARCH 23, 1993

2367

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 ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

84.509.207 60,762,593 4,276,500
704,800 271,480 312,695 486,431 1,313,800 673,600 1,582,800 1,979,900
1,161,600
2,686,400 9,788,508
182,400 165.000 86,348,507 84,509,207

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

21,000,464 10,695,484 7,839,418 4,409,298 4,738,127 14,329,468 3,043,100
911,500 806,904 10,596,428
821,780
547,340
6.609.196 86,348,507

20,271,064 10,295,784 7,501,118 4,247,498 4,528,027 14,329,468 3,043,100
911,500 806,904 10,596,428
821,780
547,340
6,609,196 84,509,207

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................................................................!

20.754,011 5,488,328
230,905 160,820
0 2,000 152,730 549,167 45,883 247,034
0

2368

JOURNAL OF THE HOUSE,

Contracts with Regional Development Commissions ........................................................I
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............................................................................................! Local Government Efficiency Grant
Program........................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,272,825 1,691,000
94,731
30,000,000 250,000
157,323 50,000 750,000
4,625,000
3,000,000
1,690,861
1,000,000
750,000 53,208,607 20,754,011

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

17,282,597 1,477,013 32,059,570 2.389,427 53,208,607

15,997,297 1,477,013 1,050,812 2.228.889 20,754,011

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................................................................$ County Workcamp
Construction Grants....................................................................! Central Repair Fund.......................................................................! Payments to Central State
Hospital for Meals.......................................................................! Payments to Central State
Hospital for Utilities...................................................................!

565,540,860 393,768,006 54,465,552
2,252,550 3,213,082 3,785,068 6,157,139 5,299,932 5,208,803 4,667,815
0 17,148,012
575,000 13,255,000 3,017,200
447,000 886,000
3,766,755
1,331,900

TUESDAY, MARCH 23, 1993

2369

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....................................................................!

444,500 1,740,000 46,831,281
55,000
337,260 1.304,300 569,957,155
450,000 0
565,540,860

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

55,589,863 415,789,792 98.577.500 569,957,155

55,087,253 414,667,792 95.785,815 565,540,860

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....................................................................!

37.037.111 30,135,895 1,202,084
691,100 81,000 164,860 470,772 2,526,400 837,500 272,500 650,000
5,000 37,037,111 37,037,111

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....................................................................!

3.858,508 6,896,883 4,281,541
21,960 13,000 23,000 14,100 4,740 54,108 565,900 266,000 12,141,232 3,858,508

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

1,322,411

1,153,863

2370

JOURNAL OF THE HOUSE,

Georgia Air National Guard Georgia Army National Guard Total

4,476,647 6.342,174 12,141,232

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....................................................! Teacher Salary Schedule Adjustment..........................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance...................................................! Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................! 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 Performance-

506,931 2.197,714 3,858,508
3.153,523,530
37,840,329 4,126,626 1,087,967
109,500 421,823 7,010,846 1,471,304 1,180,382 15,781,097 742,880
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 87,006,632 596,369,241 129,798,307 (615,762,984)
0 20,576,794
142,801,545 3,609,604 21,059,624 51,005,135 51,755,114
416,000
186,500,970 4,950,000
39,176,572
2,960,451 36,105,108 136,568,755 24,332,066

TUESDAY, MARCH 23, 1993

2371

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.......................................................................! Next Generation School 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...............................................,....................!

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 1,000,000
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 3,615,867,415
340,000 3,153,523,530

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Special Services Professional
Practices Commission

6,520,594 19,985,812 1,161,942 19,036,952 5,919,316
848,847

6,204,588 14,539,668 1,050,740 14,498,627 2,498,893
848,847

2372

JOURNAL OF THE HOUSE,

Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total

$ 3,546,044,661

?

4,873,129

?

6,582,081

$

4.894.081

$ 3,615,867,415

? 3,098,396,681

?

4,684,128

?

6,390,794

?

4,410,564

? 3,153,523,530

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...................................................................? Educational Technology Centers ..................................................$ Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................?

62.754.078
37,100,000
10,310,000 1,000,000
12,304,078 603,600
1.436,400 62,754,078 62,754,078

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......................................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

33.596,709 28,004,357 5,075,056
150,185 1,212,005 1,800,000
300,279 52,245 1,015,119 427,797
0
30,000
60,000 200.000 38,327,043 33,596,709

Forestry Commission Functional Budgets

Total Funds

State Funds

TUESDAY, MARCH 23, 1993

2373

Reforestation Field Services General Administration
and Support Total

$

1,662,551

$

32,381,551

$

4,282,941

$

38,327,043

$

12,157

$

29,580,829

$

4,003,723

$

33,596,709

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 ..........................................................$

37,452,988 28,334,052 2,356,685
476,600 556,160 546,870 1,447,900 1,868,817 736,060 653,844 476,000
0 37,452,988 37,452,988

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,226,242

$

8,752,029

$

11,056,816

$

6,597,331

$

7,820,570

$

37,452,988

$

3,226,242

$

8,752,029

$

11,056,816

$

6,597,331

$

7,820,570

$

37,452,988

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 ............................................................ ......$ Georgia Crime Victims
Assistance Program............................................................... ......$ Grants to Local Systems.......................................................... ......$

26,535,049 13,037,018
853,217 255,595
15,000 119,531 596,380 973,937 306,419
25,988,704 3,061,629
40,000 4,750,000
160,000 2,857,357
511,515 42,800
0 290,975 1,144,625
100,000 432,000

2374

JOURNAL OF THE HOUSE,

Grants - Local EMA........ Grants - Other.................. Grants - Civil Air Patrol. Total Funds Budgeted..... State Funds Budgeted.....

1,044,200 0
60,000 56,640,902 26,535,049

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

8,011,629
876,391
5,596,338 4,035,811 2,259,010 24,824,776
362,389
529,821
843,673
1,755,140 267,131
3,325,260
3,691,108
262,425 56,640,902

8,011,629
770,760
5,596,338 3,217,767 2,259,010
304,327
94,963
529,821
354,008
499,318 267,131
3,325,260
1,042,292
262,425 26,535,049

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
and Maintenance .........................................................................$ Postage..............................................................................................! Payments to
DMA-Community Care ..............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

601,090,608
50,271,518 1,834,565 1,170,227 1,279,129 74,190 4,650,570 752,614 895,067 629,113 244,000 21,857,547 30,989,953
62,500 932,445
13.054,342 128,697,780
412,600 78,607,289

TUESDAY, MARCH 23, 1993

2375

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

893,953 2,005,103
21,857,547
22,640,427 5,274,592 1,653,120
612,061 2,700,655
7,316,617 5,873,156 5,304,949 1,727,862 1,669,404
0 452,189 47,188,328
1,527.817 128,697,780

$

893,953

2,005,103

19,087,124

21,345,480 3,677,875 1,653,120

602,061 2,700,655
2,102,133 799,017
5,104,949 1,727,862 1,669,404 (8,071,784)
452,189 21,410,331
1,447,817 78,607,289

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....................................................................$

49,253,080 71,741,494
940,217 14,700 119,964
1,085,055 4,701,339
673,897 728,910 7,933,321 308,000 3,200,000
960,000 646,222 656,000 663,609 11,230,604 77,233,209
32,100 138,672
747,761 233,008,154
549,718 121,645,555

2376

JOURNAL OF THE HOUSE,

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 Total

11,150,300 1,008,494 1,387,074

1,973,316

3,591,733

5,375,597

3,748,871 7,040,760 71,441,891
50,928,839 12,906,997 2,931,978 1,769,046
603,356 784,387

5,446,114

$$$$$$$$$

1,006,123 1,359,845 2,593,936 1,040,461
497,204 4,219,458
826,235 288,392 1,582,437

$$$$$$$$$$

1,778,517 1,010,769
934,028 5,421,151 3,479,533
453,955 7,032,152 11,237,625 3,068,190 2,916,824

172,566

0 233,008,154

3. Rehabilitation Services Budget: Personal Services......................... Regular Operating Expenses ..... Travel............................................
Motor Vehicle Purchases ........... Equipment....................................

State Funds

11,020,625 733,339
1,176,899

1,443,316

3,197,004

5,263,597

308,272 3,936,596
0 48,830,351 7,903,587 1,875,430 1,409,035
441,056 0

5,001,208

$

684,173

$

533,477

$

1,452,293

$

1,040,461

$

497,204

$

4,219,458

$

629,010

$

288,392

$

1,448,836

$

1,561,221

$

787,951

$

760,111

$

5,301,151

$

1,293,370

$

365,318

$

3,507,852

$

1,305,471

$

2,289,354

$

1,862,724

155,251

(877,838) 121,645,555

65,480,210 10,898,160
800,856
58,090 536,650

TUESDAY, MARCH 23, 1993

2377

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 .............................................................................................$
Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................}

3,710,863 6,416,726 1,764,686 1,468,683 20,302,481
27,000 675,500 8,785,767
145,550 903,615 533,322 122,508,159 100,000 21,496,200

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

41,101,730 654,036 503,158
1,646,413 7,425,589
6,895,449
981,176
3,216,353 684,795
27,050,086
11,967,161
20,382,213 122,508,159

8,962,555 435,751 173,037 801,402
2,903,614
1,379,086
0
1,069,706 684,795 0
797,378
4.288.876 21,496,200

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.................................................}

39,989,832 3,465,489
693,733 0
417,573 2,187,231 12,377,717 24,729,492 4,102,576 1,049,584 494,074,449 3,891,738 135,377,430 17,638,657 3,383,122
246.932.141 990,310,764
2,565,582

2378

JOURNAL OF THE HOUSE,

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

355,246 3,568,321 5,780,117 3,651,574 11,588,235 1,215,577 1,846,906 27,358,070 43,910,223 479,162,389
100 2,799,421 12,966,539
100,011,024
77,927,020 2,907,954
9,206,487
50,744,229
9,043,381 20,975,278 2,850,000 35,983,709 6,652,820 2,261,063
6,903,437
68,000,000 144,817
1,281,316
1,215,511 0
990,310,764

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

379,341,564

State Funds

$

355,246

$

3,568,321

$

4,590,444

$

3,651,574

$

912,714

$

1,215,577

$

1,674,090

$

11,859,029

$

2,647,519

$ 180,310,220

$

100

$

0

$

0

$

49,857,397

$

27,925,762

$

0

$

2,891,560

$

23,515,076

$

3,393,534

$

8,519,151

$

2,262,574

$

23,575,863

$

5,190,725

$

2,117,072

$

5,373,591

$

18,675,285

$

144,817

$

1,257,407

$

1,215,511

$

(7,358.595)

$ 379,341,564

204,994,640 87,939,708 3,605,033
1,351,919 1,148,377 11,633,719 24,248,396 28,063,142 6,929,282 7,933,321
308,000 3,200,000

TUESDAY, MARCH 23, 1993

2379

Indigent High-Risk Pregnant Women and Their Infants .........................................................$ Family Planning Benefits ..............................................................$ CaaeService8....................................................................................$ E.S.R.P. Case Services....................................................................! Crippled Children's Clinics............................................................$ Children's Trust Fund....................................................................! Ca8hBenefits........:..........................................................................$ 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...................................................................!

960,000 646,222 20,302,481
27,000 656,000 1,049,584 494,074,449 5,474,847 157,234,977 68,644,981 77,233,209
240,150 903,615 4,987,561 13,054,342
747,761
246,932,141

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....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

439,326,244 350,374,940 37,691,253
304,383 472,300 1,792,761 4,542,036 252,637 2,370,833 8,493,825 11,745,300
0
1,722,000
46,979,512
95,701,735 26,194,938
57,752,642 294,118
646,685,213 2,404,100
439,326,244

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute

45,769,361 31,870,738
33,343,273

26,019,860 13,659,638
26,341,492

2380

JOURNAL OF THE HOUSE,

Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Rome
Georgia Regional Hospital at Atlanta
Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance 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

25,096,907
29,101,261
31,244,327 140,193,320
25,365,904
48,563,451
23,894,216 3,558,236
10,485,040
4,788,560
74,232,590 25,848,926
744,911 525,474 1,102,546
57,752,642 382,273
1,440,398
285,960 346,012
4,170,056
15,724,982
93,600 10,760,249 646,685,213

Section 25. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade
and Tourism ............................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment................ ........................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Advertising and
Cooperative Advertising .............................................................$

20,546,904
20,847,741
23,511,964 84,503,742
19,297,504
23,995,951
18,872,024 2,677,959
10,363,740
2,960,760
40,780,617 20,852,126
744,911 525,474 1,102,546
52,999,342 382,273
1,244,898
285,960 346,012
4,170,056
15,724,982
93,600 6,474,168 439,326,244
16.718.694 8,045,852 1,401,008
290,000 32,000 61,800 102,452 914,597 217,629 678,981 139,100
4,524,578

TUESDAY, MARCH 23, 1993

2381

Georgia Ports Authority Lease Rentals...............................................................................$
Foreign Currency Reserve..............................................................! Waterway Development in Georgia..............................................! Lanier Regional Watershed Commission.....,...............................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,445,000 69,297 0 0 0
17,922,294 16,718,694

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

8,494,327

$

4,009,563

!

895,143

$

4.523,261

!

17,922,294

!

7,670,727

$

3,849,563

$

895,143

$

4,303,261

$

16,718,694

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....................................................................!

14,263,632 12,464,264
7.06,912 394,214 72,000 70,820 409,010 611,762 286,025 240,000
0 15,255,007 14,263,632

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

!

4,465,139

$

5,876,354

$

450,328

!

4,463,186

!

15,255,007

$

4,465,139

$

5,876,354

$

450,328

$

3,471,811

$

14,263,632

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...................................,..............................................!

6,082,059 65,485,271 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

2382

JOURNAL OF THE HOUSE,

Payments to State Treasury..........................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

1,774,079 4,270,000 162,370,957 6,082,059

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

26,323,387
136,047,570 162,370,957

3,233,950
2,848,109 6,082,059

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....................................................................?

9,257,126 8,472,186
478,000 110,000
0 28,640 161,935 412,920 114,312 60,000 140.000 9,977,993 9,257,126

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,
Penalties and Disallowances......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

1.057.042.748 13,625,156 3,895,193 155,400 0 72,289 19,391,681 581,812 425,000 65,909,846
2,853,091,153
50,530,241 772,500
57,374,067 3,065,824,338 1,057,042,748

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management

1,090,840
2,960,995,461 1,150,156
21,169,171

?

544,689

? 1,038,645,745

?

448,228

?

5,990,401

TUESDAY, MARCH 23, 1993

2383

Professional Services Program Compliance Institutional Policy
and Reimbursement Maternal and Child Health Operations Total

3,893,647 4,592,312
9,203,558 561,930
63,167,263 3,065,824,338

1,798,437 1,778,604
4,436,959 194,377
3,205,308 1,057,042,748

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits.............................................................................................? Total Funds Budgeted....................................................................$ State Funds Budgeted...................................................................-?

120,692,764 7,358,156
311.690.615 319,048,771 120,692,764

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 8,524,141 1,683,552
82,440 37,818 908,271 111,873,969 3,067,474 283,698 737.540,729 864,002,092 84,121 10,045,611 853,724,516 147,844
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

1,669,568 2,548,053
1,269,456 1,323,619
1,340,624
31,829,272 820,970,637
3,050.863 864,002,092

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......................................................................

67.721,438
63,473,390 12,190,998
438,800 1,798,081 2,694,960

2384

JOURNAL OF THE HOUSE,

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
Development Authority..............................................................? Indirect DOAS Funding.................................................................? State Funds Budgeted....................................................................?

2,312,141 2,338,221
968,200 1,057,187
190,000 150,000 2,450,000
1,056,960 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 80,000 130,725
300,000
0 4,300,000 3,000,000
2,333,254 5,000
107,773,807
1,034,594
4,234,585
3,362,900 200,000
67,721,438

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources

7,203,161
36,950,263 2,213,056

7,203,161
11,068,399 2,102,150

TUESDAY, MARCH 23, 1993

2385

Game and Fish Environmental Protection Pollution Prevention Program Total

29,271,496 31,507,631
628,200 $ 107,773,807

24,979,581 21,764,947
603,200 67,721,438

B. Budget Unit: Georgia Agricultural Exposition Authority....................,.........................$
Personal Services. ............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$
Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 1,784,178 1,499,806
30,000
12,000 85,000 34,000
0 34,500 598,770
0 4,078,254
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

4,078,254

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.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Conviction Reports.........................................................................! State Patrol Posts Repairs

86.554,705
49,289,669 7,043,570
109,800 3,265,000
483,695 0
7,400 593,000 367,150
150,000 0
61,309,284 150,000
61,159,284
18,967,041 1,959,000
12,800 0
106,380 3,516,000
53,300 602,500 190,000
0 290,000

2386

JOURNAL OF THE HOUSE,

and Maintenance.........................................................................! Driver License Processing..............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

30,000 1,168.400 26,895,421 1,500,000 25,395,421

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

!

14,341,267

!

26,895,421

!

46,968,017

!

88,204,705

14,341,267 25,395,421 46,818,017 86,554,705

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....................................................................!

13,536,666
7,071,055 2,596,360
87,300 54,500 150,250 339,000 99,105 138,350 620,100
3,179,460 0
14,335,480 13,248,480
403,459 25,430 9,828
0 1,500 36,000 80,524 3,800 7,500 3,500,000 4,068,041 288,186

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

!

4,068,041

$

5,201,255

$

1,051,451

$

1,135,035

$

453,133

$

6,494,606

$

288,186

$

5,201,255

$

986,451

$

1,035,035

!

453,133

!

5,572,606

TUESDAY, MARCH 23, 1993

2387

Total

$

18,403,521

$

13,536,666

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....................................................................!

8,446,162 6,556,158
372,515 200,050 158,400 78,412 439,090 344,154 118,787 2,099,000 10,366,566 8,446,162

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,648,703 3,269,158 5,448,705 10,366,566

1,648,703 1,518,654 5,278,805 8,446,162

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....................................................................!

887,315,893
977,858,500 120,000,000
215,546,044 140,000,000
9,458,094
306,138 334,702 313,687 8,100,000 300,000 1,472,217,165 35,000,000 260,000,000 286,873,972 3,027,300 887,315,893

B. Budget Unit: Regents Central Office and Other Organized Activities....................................!
Personal Services:

144,307,224

2388

JOURNAL OF THE HOUSE,

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....................................................................!

240,503,812 68,545,719
123,253,873 42,869,254
0 1,906,476
1,550,621
2,700,999 2,412,495
146,403 5,947,000
4,706,000 50,000
2,154,439 4,274,550 1,124,488
600,000 200,000
870,370
206,780
6,990,857 511,014,136
0 113,196,449 252,954,763
555,700 144,307,224

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 Medical College of Georgia
Hospital and Clinics

1,742,947 3,730,743 1,278,554 126,450,928 8,101,231 50,938,982 43,618,512 224,179,321

1,206,159 1,399,854
877,831 12,097,852 2,075,031 32,640,329 25,960,155 29,206,928

TUESDAY, MARCH 23, 1993

2389

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

2,491,514
2,625,911
16,714,460
2,719,756
7,208,497 19,212,780 511,014,136

2,491,514
474,622
16,714,460
0
51,524 19,110,965 144,307,224

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................!
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds..........,..........................................................................! State Funds Budgeted....................................................................!

0 6,722,818 8,591,661 15,314,479 15,314,479
0

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................................................................!

20,121,512
17,700,000 2,021,512
400,000 0
20,121,512 20,121,512

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
andFICA......................................................................................! Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted..............................................,.....................!

77,982,080 52,218,301 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 82,593,350 3,845,000 77,982,080

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Electronic Data Processing

6,589,498 10,714,228 9,310,044

6,589,498 10,514,228 8,494,844

2390

JOURNAL OF THE HOUSE,

Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Total

$

16,886,093

$

7,924,232

$

14,981,943

$

6,791,918

$

4,099,231

$

4,159,338

$

46,000

$

1,090,825

$

82,593,350

$

16,586,093

$

7,224,232

$

13,681,943

$

6,791,918

$

3,132,961

$

3,829,538

$

46,000

$

1,090.825

$

77,982,080

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....................................................................!

23,351.752 15,429,769 2,534,414
206,350 154,064 179,667 1,217,775 2,344,377 323,686 1,140,650 700,000 24,230,752 23,351,752

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

$

3,323,511

$

4,366,936

$

4,631,449

$

1,520,727

$

962,111

$

291,164

!

9.134,854

!

24,230,752

$

3,293,511

$

4,291,936

$

4,031,449

$

1,500,727

$

908,111

$

291,164

!

9,034,854

$

23,351,752

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....................................................................!

1,820,481 1,093,946
162,600 16,000 11,000 16,850 247,455 113,700 26,180 132,750 1,820,481 1,820,481

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

!

1,820,481

!

Section 38. Soil and Water Conservation Commission.

1,860,481

TUESDAY, MARCH 23, 1993

2391

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....................................................................?

1,849.742 952,911 176,755 45,000 35,556 12,000 7,850 59,000 17,520 661,150 418,000
2,385,742 1,849,742

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....................................................................?

25,834,367 4,607,435
397,851 81,800
0 18,500 371,000 24,763 146,000 42,757
0 4,076,000 17,511,740 5,003,940
38,000
79,500 160,000 501,740
425,000 33,486,026 25,834,367

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
511,189 33,486,026

0
0
25,323,178
511,189 25,834,367

B. Budget Unit: Lottery for EducationHope Financial Aid............................. Tuition Equalization Grants............. Total Funds Budgeted........................ Lottery Funds Budgeted....................

34,643,410 29,094,918 5,548,492 34,643,410 34,643,410

2392

JOURNAL OF THE HOUSE,

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....................................................................!

133,918,041 4,110,707 368,013 108,250 0 15,000 566,826 339,900 135,630 604,500 92,122,611 19,142,056 790,000 6,015,059 23,864,833 2,660,920 12,450,158
163,294,463 133,918,041

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

6,248,826 157,045,637 163,294,463

4,441,031 129,477,010 133,918,041

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.........................................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

7,481,000 200,000
320,000 937,000 2,544,000
3,480,000
7,481,000 7,481,000

Section 42. Department of Transportation.

TUESDAY, MARCH 23, 1993

2393

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 andOperations.............................................................................$ Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

437,628,277 229,719,857 59,346,345
1,497,590 1,000,000 5,224,774 5,167,513 1,343,274 2,235,365 47,353,845 645,616,019
1,024,100
1,167,500 14,289,181
680,000
0 1,015,665,363
437,628,277

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 HarborAntra-Coastal
Waterways Activities Total

0 1,519,316
20,274,618
680,000 22,473,934

0 1,159,316
5,488,961
680,000 7,328,277

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 .................................

22.666,171 4,583,344
112,500 71,200
0 84,000 7,300 236,000 56,500 23,000

2394

JOURNAL OF THE HOUSE,

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...................

16,284,845
6,250,100
719,000 28,427,789 22,666,171

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,103,344
16,498,145
6,826,300 28,427,789

!

4,843,729

$

12,709,343

!

5,113,099

!

22,666,171

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....................................................................!

9,758,103 6,916,982
309,620 62,000
0 9,200 314,073 938,619 125,000 272,500 1,000,000 9,947,994 9,758,103

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) ............ .............................................$

306,356,608 54,700,000 361,056,608
82,818,950 0
82,818,950

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

TUESDAY, MARCH 23, 1993

2395

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.
The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan can be developed. All radio equipment purchases shall require the approval of the Office of Planning and Budget.
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 this General Assembly that chaplains, teachers and

2396

JOURNAL OF THE HOUSE,

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 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, not to exceed $200,000, to evaluate system-wide health care needs of offend ers in the custody of the Department.
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 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.

TUESDAY, MARCH 23, 1993

2397

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.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.

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.

2398

JOURNAL OF THE HOUSE,

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 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. It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chap ter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program. Provided, that of the appropriation relative to Mental Health Community Services and Community Mental Health Center Services, $783,482 is designated and committed for services for severely emotionally disturbed children and adolescents and services for the chronically mentally ill and that funding shall be allocated to Gwinnett, Rockdale and Newton Counties based on a per client basis.
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.

TUESDAY, MARCH 23, 1993

2399

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 $171.50 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.
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 Lottery funds, $17,700,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Of the total amount, no more than $10,200,000 shall be reserved for research and technology initiatives as recommended by the Georgia Research Alliance. Additionally, $6,500,000 shall be used to match public and private grants to public colleges and universities with a minimum of $2,100,000 of this amount allocated to senior colleges and regional universities. The Board of Regents shall allocate $1,000,000 for educational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.
It is the intent of this General Assembly that the Regents continue the conversion of Valdosta State College to Regional University status, initiate the conversion of West Geor gia College to Regional University status, study and evaluate the feasibility of converting Columbus College and Ft. Valley State College to Regional University status, and evaluate the conversion of Macon College to four-year college status. It is also the intent of this General Assembly that the Regents evaluate the necessity of creating additional offcampus and satellite programs and review the proliferation of existing off-campus and sat ellite programs.

2400

JOURNAL OF THE HOUSE,

It is also the intent of this General Assembly that the Regents report their progress and findings relative to the above prior to the 1994 Regular Session.
Provided, that of the above funds appropriated to Research Consortium, $50,000 is intended for Kenaf Research.
Section 66. Provisions Relative to Section 36, Department of Revenue. It is the intent of this General Assembly that the Department of Revenue designate, based on need, the sixteen counties to be provided with on-line access to the current state motor vehicle computer 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.
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:
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 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 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-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

TUESDAY, MARCH 23, 1993

2401

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 $485,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
Section 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 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

2402

JOURNAL OF THE HOUSE,

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.
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.

TUESDAY, MARCH 23, 1993

2403

(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 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.
Section 81. 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 General Obligation Debt Sinking Fund (New)," the maximum maturi ties, user agencies and user authorities, purposes, maximum principal amounts and appro priations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $14,512,320 is specifically appropriated for the pur pose of providing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $151,170,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $657,120 is specifically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipalities, or boards of trustees of public libraries or library systems , through the issuance of not more than $6,845,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,661,400 is specifically appropriated for the pur pose of financing projects for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $7,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,626,300 is specifically appropriated for the pur pose of financing projects for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, buildings, structures, equipment or facilities, both real and personal, necessary or use ful in connection therewith, through the issuance of not more than $6,950,000 in principal

2404

JOURNAL OF THE HOUSE,

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,689,600 is specifically appropriated for the pur pose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance 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 and forty 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, or improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu ance 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 and forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $3,221,760 is specifically appropriated for the pur
pose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not
more than $33,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $585,000 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of
land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not
more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty 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 projects for the Department of Technical and Adult Education, by means of
the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not
more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty 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 Geor gia Environmental Facilities Authority for the purpose of financing loans to local govern
ments and local government entities for water or sewer facilities or systems, 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 and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $307,200 is specifically appropriated for the purpose
of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or 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 and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $182,520 is specifically appropriated for the purpose

TUESDAY, MARCH 23, 1993

2405

of financing projects for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $780,000 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), $624,000 is specifically appropriated for the purpose of financing Georgia Music Hall of Fame projects for the Department of Community Affairs, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $19,200 is specifically appropriated for the purpose of financing Sports Hall of Fame projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $585,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, 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 principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,296,000 is specifically appropriated for the pur pose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or 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 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), $795,600 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,400,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $234,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $12,000,000 is specifically appropriated for the pur pose of financing public road and bridge projects for the Department of Transportation,

2406

JOURNAL OF THE HOUSE,

by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not 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 and 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 rail projects for the Department of Transportation, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, 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 and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $710,400 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, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred and 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 projects for the Department of Natural Resources, by means of the
acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more
than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty 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 projects for the Department of Children and Youth Service, by means of the
acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 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 maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $364,800 is specifically appropriated for the purpose
of financing projects for the Department of Children and Youth Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more
than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and 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 projects for the Department of Human Resources, by means of the acquisi
tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than
$5,075,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $444,600 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisi
tion, construction, development, extension, enlargement, or improvement of land, waters,

TUESDAY, MARCH 23, 1993

2407

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $369,720 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,580,000 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), $346,320 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,480,000 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), $120,000 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,689,180 is specifically appropriated for the pur pose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $15,765,000 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), $460,800 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and 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 projects for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in 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 maturi ties not in excess of two hundred and forty 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 projects for the Department of Defense, by means of the acquisition, construc tion, development, extension, enlargement, or improvement of land, waters, property, high ways, buildings, structures, equipment or facilities, both real and personal, necessary or

2408

JOURNAL OF THE HOUSE,

useful in connection therewith, through the issuance of not more than $1,470,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
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 projects for the Department of Administrative Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary 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), $1,440,000 is specifically appropriated for the pur pose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary 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 and 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 projects for the Georgia Building Authority, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, 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 maturi ties not in excess of two hundred and forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $355,200 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,710,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and 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 projects for the Jekyll Island-State Park Authority, by means of the acquisi tion, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and 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 projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 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 maturities not in excess of two hundred and 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 projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $24,665,000

TUESDAY, MARCH 23, 1993

2409

in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and 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 projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance 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 and 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 projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance 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 and 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 projects for the Stone Mountain Memorial Association, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 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 maturities not in excess of two hundred and 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 projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.

Section 82. Salary Adjustments. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a general performance based increase of 2.5% for employ ees 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 satisfac tory or better. 2.) To add an L-5 longevity factor for teachers, public librarians, and other certificated instructional and support personnel. 3.) To provide a 1.75% salary adjustment for State-paid school bus drivers and lunchroom workers effective July 1, 1993. 4.) To pro
vide 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 Section 45-7-4, effective July 1, 1993. 5.) To provide a 2% formula funding 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.

Section 83. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1994....................................................................$

8,958,192,764

Section 84. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 85. 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 259.
On the motion, the roll call was ordered and the vote was as follows:

2410

JOURNAL OF THE HOUSE,

N 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 N Brooks.D Y 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 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 Y Dickinson
NDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart Y Epps N Evans
Y Felton Y Floyd,J.M Y FloydJ.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Manner 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 Johnaon.J Y Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein
NLadd N Lakly Y Lane,D Y Lane,R N Lawrence Y Lawson YLee Y 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 Y 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 Y Postal 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 N Skandalakis Y Skipper

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

On the motion, the ayes were 142, nays 34. The motion prevailed.

Representative Stancil of the 91st 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 communications were received:

TO: Clerk of the House of Representatives FROM: Representative Ray Holland, District 157 DATE: March 23, 1993
I request pursuant to Rule 137 that the following explanation of my vote upon the Committee of Conference Report on HB 259 (the 1994 budget) be inserted in the House Journal:
"I desire to explain my vote on HB 259, the 1994 budget. I voted for the passage of the bill with reservations.
I support additional pay increases for Georgia teachers, in addition to the L-5 step. I strongly support the L-5 step, but we should not overlook thousands of teachers who are not at the L-5 level and who are not receiving a raise under this budget.
We should have provided both the addition of the L-5 step and a pay raise for all Georgia teachers. I do not believe the full house had a meaningful opportunity to address this issue in the final budget vote.
Further, local assistance grants through the Department of Community Affairs should be available to all communities and should be allocated on a competitive basis after study and prioritization rather than on a case by case basis as in this budget.
I am also concerned about the large increase in the total budget, mainly in the area of bonds.
There are too many good programs in the budget for Georgia to allow me to vote against it. However, I feel strongly about the above issues, and I wanted the record to reflect my concerns."

TUESDAY, MARCH 23, 1993

2411

/s/ Ray Holland Representative 157th District

House of Representatives Legislative Office Building, Room 609
Atlanta, Georgia 30334

March 23, 1993
Robbie Rivers, Clerk House of Representatives Room 309 State Capitol Atlanta, GA 30334
Dear Robbie:
Pursuant to Rule 137 of the House of Representatives Rules. I am filing this writing with my affirmative vote on House Bill 259 for the adoption of the Conference Committee Report.
With appreciation to the House and Senate conferees, I still wanted the record to reflect my concern for the state of teacher's salaries in Georgia. It will take a bold initiative to invest in our education system and patiently wait for the positive results that we all know would occur. Yet, we feel political pressure to address immediate needs year by year. I hope we can address this issue as a top priority next session.
One controversy is the Mountain Park project in Towns County. While it is an easy target for those that call for private interests to take these projects on, they fail to notice that to date no private interests are developing in that area. One area's pork is another's eco nomic development salvation.
From the economic impact and tourism perspective, the Ringgold Visitor's Center will ben efit all of Georgia. With a $4,000,000 match from the federal government, we could not afford to pass up this opportunity to showcase Georgia in the "Gateway to Georgia," Catoosa County.
Respectfully submitted,
/s/ McCracken Poston, Jr. 3rd District
MKP/SD

March 23, 1993
Please let the record show that I voted against the Conference Committee report on HB 259 because of the unusually large amount of bonded debt.
/s/ Mitch Skandalakis 45th District

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 Senate and has instructed me to report the same back to the House with the following recommendations:

2412
SB 373 Do Pass SB 385 Do Pass SB 391 Do Pass

JOURNAL OF THE HOUSE,
Respectfully submitted, /s/ Lane of the 55th
Chairman

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 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 President has appointed on the part of the Senate the following:
Senators Edge of the 28th, Garner of the 30th and Dean of the 31st.

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

SB 373. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act creating the Board of Tax Assessors for Richmond County, as amended, so as to change provisions relating to the membership of the board; to provide for districts from which members of the board shall be appointed; to provide for continued service of sitting 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 7.
The Bill, having received the requisite constitutional majority, was passed.

SB 385. By Senator Langford of the 29th:
A bill to amend an Act incorporating the Town of Gay in the County of Meriwether, as amended, so as to provide for penalties which may be imposed for violation of any ordinance, rule, or regulation of said town.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 23, 1993

2413

SB 391. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act to authorize the establishment of a Civil Service Sys tem in Cobb County for persons receiving salary and wages in whole or in part from Cobb County, so as to change provisions regarding the terms of office of certain members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

2414

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
SB 352. By Senators Middleton of the 50th, Marable of the 52nd, Thompson of the 33rd, Perdue of the 18th, Hill of the 4th and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Anno tated, relating to health insurance coverage for retiring and retired public school employees and certain other employees, so as to provide for such cov erage for all such persons.

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

YAshe
Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Bargeron Barnes
Y Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove
Y Brooks.D Brooks.T Brown Buck Buckner
Y Bunn
Y Burkhalter YByrd Y Campbell
Canty Y Carlisle
Carrell
Y Carter Cauthorn
Y Chambless Chandler
Y Channell 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 Y Dickinson YDix Y Dixon.H
Dixon.S Dobbs Dover Y Ehrhart YEpps Y Evans
Felton Floyd,J.M Y Floyd,J.W
Godbee Golden Good win
Greene Y Groover
Hammond Y Manner Y Harris.B
Harris.M Hart Y Heard Hegstrom
Y Hembree Henson Holland

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

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

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

On the passage of the Bill, the ayes were 97, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Barnes of the 33rd, Buckner of the 95th, Hammond of the 32nd, Hol land of the 157th, Hughley of the 133rd, Kinnamon of the 4th, Ladd of the 59th, Lawrence of the 64th, McClinton of the 68th, Mobley of the 69th, Sinkfield of the 57th, Stanley of

TUESDAY, MARCH 23, 1993

2415

the 50th and Streat of the 167th 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 Twiggs of the 8th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

Representative Carlisle of the 107th moved that the House adhere to its position in substituting SR 21 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Carlisle of the 107th, Lee of the 94th and Smith of the 169th.

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

SB 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 following Committee substitute was read and adopted:

A BILL
To provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Geor gia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation, certain insurance cancellation or nonrenewal notice require ments shall be satisfied by the dispatching of the notice by certified mail, return receipt requested; to provide for the time of the dispatching of such notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Small Business Protec tion Act of 1993."
Section 2. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking Code Section 33-24-47, relating to notices of termination, increases in premium rate, or changes restricting coverage, and inserting in its place a new Code Section 33-24-47 to read as follows:

2416

JOURNAL OF THE HOUSE,

"33-24-47. (a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance insuring risks or resi dents in this state and insuring against liability for loss of, damage to, or injury to per sons or property shall comply with the provisions of this Code section. This Code section shall not apply to personal automobile or personal property and casualty insurance poli cies. Cancellation of a policy for failure of the named insured to discharge when due any obligations in connection with the payment of premiums or cancellation for any reason of a policy that has been in effect for less \than 60 days shall be governed by the provi sions of Code Section 33-24-44.
(b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premiums, other than an increase in premiums due to a change in risk or exposure, including a change in experience modification or result ing from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy; pro vided, however, that a notice of cancellation or nonrenewal of a policy of workers' com pensation insurance shall be controlled by the provisions of subsection (f) of this Code section. In those instances where an increase in premium exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
(c) The failure of an insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to purchase, under the same premiums and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termination date of such policy; provided, however, that the policyholder shall tender the premium amount, computed on a pro rata basis, to the insurer on or before the termination date. No provision of this Code section shall be construed as requiring the insurance coverage under a policy to be extended for more than 30 days from the termination date stated in such policy. There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or taa the Commissioner's employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing to the insurer infor mation as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing infor mation pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith.
(d) This Code section shall not apply to policies canceled in accordance with the pro visions of Chapter 22 of this title.
(e) Cancellation by the insured shall be accomplished in accordance with Code Sec tion 33-24-44.1.
(f) A notice of cancellation or nonrenewal of a policy of workers' compensation insur ance shall be dispatched to the insured by certified mail, return receipt requested, to the last address of record of the insured at least 75 days prior to the termination date of such policy. The workers' compensation insurer shall retain the receipt of mailing pro vided by the United States Postal Service as evidence of mailing."
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:

TUESDAY, MARCH 23, 1993

2417

Y Ashe Y Atkins Y Bailey
Baker Bannister Y Barfoot Bargeron Y Barnes Y Bates Y Benefield Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Brooks.T Brown Buck Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty
Y Carlisle Carrell
Y Carter Cauthorn
Y Chambless Chandler
Y Channell 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
Dixon,S Dobbs Y Dover Y Ehrhart YEpps Y Evans Felton Y Floyd,J.M Y Floyd,J.W Godbee Golden Good win Greene
Y Groover Hammond
Y Manner Y Harris.B
Harris.M Hart Heard Hegstrom Y Hembree Y Henson Holland

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

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
Polak Y Porter Y Poston
Powell Y Purcell Y Randall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Skandalakis Y Skipper

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

On the passage of the Bill, by substitute, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Buckner of the 95th, Hammond of the 32nd, Holland of the 157th, Ladd of the 59th, Lawrence of the 64th, McClinton of the 68th, Mobley of the 69th 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.

SB 372. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the pur chase by the state and its political subdivisions of certain goods, wares, mer chandise, and services produced by community based rehabilitation programs and training centers; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available.

The following amendment was read and withdrawn:

The Committee on State Institutions and Property moves to amend SB 372 by adding at the end of line 9 of page 2 the following:
"provide for certain existing contracts; to".
By striking from line 22 of page 3 the number "13" and inserting in lieu thereof the number "15".

2418

JOURNAL OF THE HOUSE,

By striking in their entirety lines 4 through 6 on page 4 and inserting in lieu thereof the following:
"(6) Three members appointed by the Governor who shall represent a broad spec trum of persons with disabilities; and".
By striking from lines 8 and 9 of page 4 the words "rehabilitation service networks" and inserting in lieu thereof the following:
"organizations representative of persons with disabilities".
By striking from lines 33 and 34 of page 5 the words "rehabilitation facilities for the disabled persons of Georgia" and inserting in lieu thereof the following:
"community based rehabilitation programs and training centers".
By striking from line 3 of page 6 the words "disabled persons" and inserting in lieu thereof the following:
"persons with disabilities".
By adding on line 2 of page 8 between the word "value" and the semicolon the follow ing:
". However, the fair market prices shall not exceed the prices normally paid by state agencies for such commodities or services".
By adding at the end of line 27 of page 9 the following:
"The fees will be added to the fair market price paid by the state agencies and politi cal subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Department of Administrative Services."
By striking in its entirety line 2 of page 10 and inserting in lieu thereof the following:
"nonperformance and noncompetitive pricing reasons.
(c) All contracts which presently exist between the State of Georgia and community based rehabilitation programs and training centers in Georgia, including the State of Georgia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, excepting for nonperformance reasons according to the policies, regulations, and determination of the Department of Administrative Services.'"

The following substitute, offered by Representatives Colwell of the 7th and Parrish of the 144th was read and adopted:

A BILL
To amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Anno tated, relating to state purchasing, so as to provide for the purchase by the state and its political subdivisions of certain goods, wares, merchandise, and services produced by com munity based rehabilitation programs and training centers; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available; to create the State Use Council and provide for its composition, organization, powers, and duties; to provide for the reim bursement of members of the council for certain expenses; to provide for the procurement of certain goods, wares, merchandise, and services produced by community based rehabili tation programs and training centers; to designate a central nonprofit agency to represent the community based rehabilitation programs and training centers and to facilitate the procurement of goods, wares, merchandise, and services needed by the state; to provide for contract management by the central nonprofit agency; to provide for program services by such agency; to require such agency to maintain certain records; to require the council and

TUESDAY, MARCH 23, 1993

2419

the Department of Administrative Services to prepare a list of goods, wares, merchandise, and services which can be set aside for purchase from community based rehabilitation pro grams and training centers; to provide for a fair market price for goods and services pro cured; to provide for guidelines for the certification of community based rehabilitation programs and training centers; to provide for determination of which persons are disabled for the purposes of this Act; to provide that prior experience shall not be required in order to participate in state procurement contracts; to provide for the Department of Adminis trative Services to contract with the central nonprofit agency for the payment of certain service fees based on the contracts procured for the state; to provide that the commis sioner of administrative services shall retain the right to cancel or modify certain contracts for nonperformance reasons; to provide for certain existing contracts; to provide an effec tive date conditioned on funds being appropriated; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Anno tated, relating to state purchasing, is amended by striking in its entirety Code Section 50-5-74, relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available, which reads as follows:
"50-5-74. (a) All services provided or goods, wares, or merchandise produced wholly or in part by the sheltered workshops and training centers operated by or in contract with the Department of Human Resources and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the sheltered workshops and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the commissioner of human resources and certified by the commissioner of adminis trative services as competitive. Where not certified as available from the sheltered work shops and training centers, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the pro vision of such and have certified the availability with the advice and consent of the Department of Administrative Services.
(b) The certification as to the availability of such services, goods, wares, or merchan dise by the commissioner of human resources shall be made by him based on standards which are promulgated by the Department of Human Resources. Such standards shall be developed in a manner which is designed to ensure fairness and equal participation of eligible providers and shall be approved by the Board of Human Resources.", and inserting in lieu thereof the following:
"50-5-74. Reserved."
Section 2. Said article is further amended by adding following Part 4 a new Part 5 to read as follows:
"Part 5
50-5-135. (a) There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 15 members as follows:
(1) The commissioner of administrative services or his or her designee; (2) The commissioner of human resources or his or her designee; (3) The commissioner of community affairs or his or her designee; (4) The commissioner of corrections or his or her designee; (5) Five members appointed by the Governor who shall represent the business community of the state; (6) Three members appointed by the Governor who shall represent a broad spec trum of persons with disabilities; and (7) Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities. (b) Initially, the nine members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: three

2420

JOURNAL OF THE HOUSE,

members for two years, three members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be repre sentative of all of the geographic areas of the state.
(c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The council shall elect its own officers. No vacancy on the council shall impair the right of the quorum to exer cise all rights and perform all duties of the council.
(d) The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7.
(e) The council shall have perpetual existence. Any change in name or composition of the council shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part.
50-5-136. (a) The State Use Council shall have the authority authorized in this part concerning the procurement of certain services provided and goods, wares, and merchan dise produced by community based rehabilitation programs and training centers and purchased by the Department of Administrative Services. All services provided or goods, wares, or merchandise produced wholly or in part by the community based rehabilitation programs and training centers operated by or under contract with the Department of Human Resources and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from community based rehabilitation programs and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the council.
(b) The State Use Council shall have the following powers and authority:
(1) To designate a central nonprofit agency to represent community based rehabili tation programs and training centers in the state and to facilitate the distribution of orders of the State of Georgia for goods, wares, merchandise, and services on the pro curement list among certified community based rehabilitation programs and training centers. As used in this part, the term 'central nonprofit agency' means an agency organized under the laws of Georgia and operated in the interest of persons with dis abilities in Georgia, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual. The central nonprofit agency shall be selected using criteria established by the council and shall be selected for a period not to exceed two years, provided that an agency may succeed itself as the central non profit agency. The central nonprofit agency will be responsible for selecting the com
munity based rehabilitation program and training center to perform a specific contract for work ordered by the state. Consideration will be given to the strengths of the par
ticular organization, prior work history, and the ability to produce within time and
budgetary parameters. Only programs and centers which have been certified by the council will be eligible for state use contracts. Once the community based rehabilita
tion program and training center has been selected and a subcontract has been estab lished between that community based rehabilitation program and training center and
the central nonprofit agency, the central nonprofit agency shall provide management and quality control assistance in the administration of the project. This may be in the
form of quality assurance procedures, time and date deadlines, technical assistance in assembly, or a variety of other activities concerning the project at hand. Other than
on a specific contract basis, the central nonprofit agency will offer training programs, certification workshops, quality control workshops, and other technical, management,
marketing, and general assistance programs to participating programs and centers in the state. These programs may not be mandatory in all cases, however, they will be

TUESDAY, MARCH 23, 1993

2421

offered to help the various programs and centers become more productive and effi cient in their handling of state use contracts and other work as well. The central non profit agency shall maintain the necessary records and data concerning contracts with certified community based rehabilitation programs and training centers and shall maintain communication with community based rehabilitation programs and training centers during the conduct of a contract which has been let with the program and cen ter for various program services as necessary and appropriate;
(2) To develop, in conjunction with the Department of Administrative Services, a list of goods, wares, merchandise, and services which shall be set aside for purchase from community based rehabilitation programs and training centers. This list shall be reviewed annually and goods, wares, merchandise, and services may be added or deleted as necessary and appropriate;
(3) To establish fair market prices for commodities or services on the selected pro curement list and to consider recommendations from the procuring agencies, the cen tral nonprofit agency, and other relevant sources. The central nonprofit agency shall
analyze the data and submit a recommended fair market price to the council along with detailed justification necessary to support the recommended prices. Pricing guidelines shall be established by the council in association with standard
methodology for determining fair market value. However, the fair market prices shall not exceed the prices normally paid by state agencies for such commodities or services;
(4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities
of community based rehabilitation programs and training centers interested in certifi cation; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the
state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training cen
ters qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources at the time of the effective date of
this part shall not have to undergo the certification evaluation and approval process until 24 months from said effective date;
(5) With respect to the certification process and the designated community based rehabilitation programs and training centers which may enter into contracts under this
part, to establish criteria for determining what constitutes a substantial handicap to employment that prevents the individual under the disability from currently engaging in normal competitive employment. In establishing the criteria, the council shall con
sult with appropriate entities of .government and take into account the views of non governmental entities representing the severely handicapped. The council shall give
weight to the criteria established by the federal committee for purchase of products and services of the blind and other severely handicapped persons, pursuant to the fed eral Wagner-O'Day Act (41 U.S.C. Sections 46-48b), as amended; and
(6) To make an annual report to the Governor and the General Assembly concern ing its activities under this part and the activities and contracts provided by the cen tral nonprofit agency.
50-5-137. Notwithstanding any other provisions of law to the contrary, certified com munity based rehabilitation programs and training centers conducting contract work
under the state use plan and under the auspices of the central nonprofit agency shall not be required to have prior experience in providing the goods, wares, merchandise, or
services in a given contract in order to participate in these contracts. 50-5-138. (a) The Department of Administrative Services shall contract with the
central nonprofit agency to pay a fee to such agency on the basis of contracts procured from the state. This fee shall be not less than 5 percent nor more than 8 percent of the total contract fee awarded for a particular project. The fees will be added to the fair
market price paid by the state agencies and political subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Depart
ment of Administrative Services. The timeliness and methodology of collection of these

2422

JOURNAL OF THE HOUSE,

fees will be decided upon between the Department of Administrative Services and the central nonprofit agency and shall be incorporated into such contract.
(b) The commissioner of administrative services retains the right to cancel or modify contracts which have been selected for procurement under this part for nonperformance and noncompetitive pricing reasons.
(c) All contracts which presently exist between the State of Georgia and community based rehabilitation programs and training centers in Georgia, including the State of Georgia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, excepting for nonperformance reasons according to the policies, regulations, and determination of the Department of Administrative Services."
Section 3. This Act shall become effective only when funds are specifically appropri ated for purposes of this Act in an appropriations Act making specific reference to this Act.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Barnes Y Bates Y Benefield Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks.D
Brooks.T Brown YBuck Buckner
Y 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

Y Colwell
Y 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 Ehrhart
YEpps Y Evans
Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden
Goodwin Greene Groover
Hammond Hanner Y Harris,B Harris.M Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland

Holmes Howard Hudson Y Hughes Y Hugley
Y James Jamieson Jenkins Johnson,D.H
Y Johnson.E Johnson.G
Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon
Y Klein Ladd
Y Lakly Lane.D Lane.R Lawrence
Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox
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 YParham Y Parrish
Y Patten Y Pelote
Perry Y Pinholster YPoag
Polak Y Porter
Poston Powell Purcell Y Randall Randolph Ray
Y 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,?
Smith,T Y Smith.V Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley,L Stanley,? Y Stephenson Streat Y Taylor Teague YTeper Thomas.C Tillman Y Titus Y Towery Y Trense Y Turnquest Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmoreland White Williams.B Y Williams,R Y Yates Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Buckner of the 95th, Hammond of the 32nd, Ladd of the 59th, Law rence of the 64th, Poston of the 3rd, Purcell of the 147th and Stanley of the 50th stated

TUESDAY, MARCH 23, 1993

2423

that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the defi nition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.

Representative Martin of the 47th moved that the House insist on its position in sub stituting SB 278.
The motion prevailed.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Motor Vehicles and referred to the Committee on Appropriations.

HB 1151.

By Representatives Colwell of the 7th, Twiggs of the 8th, Parham of the 122nd, Murphy of the 18th, Coleman of the 142nd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the Board of Motor Vehicles, the Department of Motor Vehicles, and the commissioner of motor vehicles; to provide for the duties, responsibilities, functions, powers, and authority of the board, the department, and the commissioner.

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

SB 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.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to authorize judges to require the installa tion of an ignition interlock device as a condition of probation for certain persons con victed 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 pro bationary license; to provide for issuance of a limited driving permit upon installation of an interlock device under certain restrictions; to provide for fees; to provide for violations and penalties; to provide for procedures for reporting to the court and related matters; to provide for certification of ignition interlock devices and providers by the Department of

2424

JOURNAL OF THE HOUSE,

Public Safety; to provide for rules and regulations regarding ignition interlock devices; to provide for warning labels; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding at the end thereof a new Article 7 to read as follows:
"ARTICLE 7
42-8-110. As used in this article, the term 'ignition interlock device' means a constant monitoring device certified by the commissioner of public safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath.
42-8-111. (a) In addition to any other provision of probation, upon a conviction of a second charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the cur rent arrest for which a conviction is obtained, for which a person is granted probation, the court may order that such person not drive a motor vehicle for a period of not less than six months unless such vehicle is equipped with a functioning, certified ignition interlock device. For the purposes of this subsection, a plea of nolo contendere shall con stitute a conviction. Any person who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device.
(b) Except as otherwise provided in this article, the court may order the installation of a certified ignition interlock device on any vehicle which any person subject to subsec tion (a) of this Code section owns or operates. Upon a third or subsequent conviction the court shall require installation of a certified ignition interlock device.
(c) If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of the requirement for, and the period of the requirement for, the use of a certified igni tion interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
(d) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.
(e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be $15.00, except that for habitual violators required to use an ignition interlock device as a condition of a probationary license the fee shall be as prescribed in Code Section 40-5-58. Upon expiration of the period of time for which such person is required to use an ignition interlock device the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25.
42-8-112. (a) If the court imposes the use of an ignition interlock device as a condi tion of probation on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer within 30 days. If the person fails to provide proof of installation within such period, absent a finding by the court of good cause for that fail ure, which finding is entered in the court's record, the court shall revoke or terminate the probation.

TUESDAY, MARCH 23, 1993

2425

(b) If the court imposes the use of an ignition interlock device as a condition of pro bation on a person whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Public Safety not later than the date on which such suspension or revocation concludes. If the person fails to provide proof of installa tion within such period, the department shall not reinstate such person's driver's license and, absent a finding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the probation. If the person is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her driver's license during the period of suspension such person shall prior to applying for reinstatement of the license have an ignition interlock device installed and shall maintain such ignition interlock device in his or her vehicle for a period of six months; provided, however, that for a second or subsequent suspension under Code Sec tion 40-5-63 or suspension for a second offense under Code Section 40-5-67.2, after the Department of Public Safety has held the suspended driver's license for a minimum of 30 days, such person may apply for and be issued a six-month ignition interlock permit, provided that such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, a reinstatement fee of $210.00, and proof of installation of an ignition interlock device on his or her vehicle. Any driver who is issued an ignition interlock permit prior to the expiration of 120 days after the suspen sion of the driver's license may operate such vehicle: (1) only to and from a place of employment or to perform the duties of his or her occupation; (2) to receive medical care or to obtain prescription drugs; (3) to attend a school or college at which he or she is enrolled; (4) to attend court-ordered driver improvement or driver education or a drug or alcohol program; (5) to attend regularly scheduled meetings or sessions of recognized organizations for persons who have alcohol or drug addiction or abuse problems; or (6) to report to an ignition interlock station. At the expiration of such six month ignition interlock permit the driver may apply for reinstatement of a regulary driver's license upon payment of the fee provided in Code Section 40-5-25. If the person is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violator's probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, install an ignition interlock device as a condition of such probationary license. Failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license.
(c) Each person who is required to use an ignition interlock device pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each interlocking ignition device in the person's vehicle or vehicles. If at any time it is determined that a person has tampered with the device, the Depart ment of Public Safety or the court ordering use of such device shall be given written notice within five days. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Public Safety, at the expense of the provider.
42-8-113. (a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as a condition of proba tion as provided in this article, unless the vehicle is equipped with a functioning, certi fied ignition interlock device. Any person whose driving privilege is restricted as a condition of probation as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction.
(b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor.
42-8-114. (a) Notwithstanding Code Sections 42-8-110 through 42-8-113, if a person who is required to use an ignition interlock device pursuant to this article is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installa
tion of an approved ignition interlock device if the employer has been notified by the

2426

JOURNAL OF THE HOUSE,

person that the person's driving privilege has been restricted under this article and if the person has proof of that notification in his or her possession or the notice, or a fac simile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity, which business entity is all or partly owned or controlled by a person otherwise subject to this article, is not a motor vehicle owned by the employer subject to the exemption in subsection (a) of this Code section.
42-8-115. (a) The commissioner of public safety or the commissioner's designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards for certification of such devices shall include, but not be limited to, the following:
(1) The device shall not impede the safe operation of the vehicle;
(2) The device shall have features that make circumvention difficult but do not interfere with the normal use of the vehicle;
(3) The device shall correlate well with established measures of alcohol impair ment;
(4) The device shall work accurately and reliably in an unsupervised environment;
(5) The device shall resist tampering and give evidence if tampering is attempted; (6) The device shall be difficult to circumvent and shall require premeditation to do so; (7) The device shall require a deep lung breath sample as a measure of blood alco hol concentration equivalence; (8) The device shall operate reliably over the range of automobile environments;
(9) The device shall have the ability to record and retain the results of all tests; (10) The device shall be manufactured by a party who will provide liability insur
ance; and (11) The device shall be backed by a company that can provide a focal point of
responsibility for the installation, maintenance, and service of such device. (b) The commissioner of public safety may utilize information from an independent
agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost
of certification shall be borne by the manufacturers of ignition interlock devices. (c) The commissioner of public safety shall adopt rules and regulations for determin
ing the accuracy of and proper use of the ignition interlock devices in full compliance
with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations.
(d) Before certifying any device, the Department of Public Safety shall consult with the National Highway Traffic Safety Administration regarding the use of ignition
interlock devices. 42-8-116. The providers certified by the Department of Public Safety shall design and
adopt pursuant to regulations of the department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that
any person tampering, circumventing, or otherwise misusing the device is guilty of a mis demeanor and may be subject to civil liability.
42-8-117. (a) In the event the sentencing court or the Department of Public Safety
finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111, the Department of Public Safety shall revoke that person's
driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Public Safety by
court order. (b) In the event the sentencing court or the Department of Public Safety finds that
a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Public Safety shall revoke that person's driving privilege for five years from the date the court
revokes that person's probation for a second time. The court shall report such probation
revocation to the Department of Public Safety by court order. 42-8-118. (a) It is unlawful for any person whose driving privilege is restricted pur
suant to subsection (a) of Code Section 42-8-111 to request or solicit any other person

TUESDAY, MARCH 23, 1993

2427

to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehi cle.
(b) It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111.
(c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device.
(d) Any person violating any provision of this Code section shall be guilty of a mis demeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Childers of the 13th moves to amend the Committee substitute to SB 28 as follows:
By adding a new Section 2 on page 10 to read
"Any company providing a service of, 'an ignition interlock device' shall pay 50 per cent of the net profits to the State of Georgia. Such funds may be used for the Indigent Defense Fund or other programs as the Georgia Legislature deems appropriate through the appropriations process."
By renumbering Section 2 as Section 3.

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
Bannister N Barfoot N Bargeron N Barnes
Bates Y Benefield N Birdsong N Bordeaux
Bostick N Breedlove N Brooks.D Y Brooks.T
Brown Buck N Buckner Y Bunn N Burkhalter
YByrd N Campbell N Canty N Carlisle Y Carrell N Carter
N Cauthorn Y Chambless N Chandler N Channel! Y Childers N Clark N Coker
N Coleman.B Y Coleman.T

Colwell N Connell NCox N Crawford N Crews Y Culbreth N Cummings
Davis.G N Davis.M
Dickinson YDix
Y Dixon.H N Dixon.S
Dobbs Dover N Ehrhart N Epps N Evans N Felton N Floyd.J.M N Floyd,J.W N Godbee Y Golden Good win Greene Groover
N Hammond Y Manner
Harris.B N Harris.M NHart N Heard Y Hegstrom N Hembree N Henson N Holland

N Holmes Howard
N Hudson N Hughes
Hugley N James N Jamieson
Jenkins Johnson.D.H N Johnson.E N Johnson.G
Johnson.J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane.D
Lane.R N Lawrence N Lawson YLee N Lewis YLord
Lucas N Maddox N Mann N Martin N McBee N McClinton
McKinney.B N Milam N Mills

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

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

2428

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 32, nays 120. The amendment 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.

The following amendment was read:

Representative Coleman of the 142nd moves to amend the Committee substitute to SB 28 as follows:
On page 4 delete on line 33 beginning with "," through "," on line 34.

On the adoption of the amendment, 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
Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove N Brooks.D Y Brooks.T
Brown YBuck Y Buckner Y Bunn N Burkhalter YByrd N Campbell N Canty Y Carlisle
Carrell Y Carter
N Cauthorn Y Chambless Y Chandler
Y Channell Y Childers Y Clark N Coker
Y Coleman.B Y Coleman.T

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

Y Holmes N Howard Y Hudson N Hughes Y Hugley Y James N Jamieson
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 N Lane.D
Lane.R N Lawrence N Lawson
YLee Y Lewis YLord Y Lucas N Maddox NMann Y Martin
N McBee N McClinton
McKinney.B Milam
N Mills

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

On the adoption of the amendment, the ayes were 82, nays 74. The amendment was adopted.

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

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.

The following amendment was read:

TUESDAY, MARCH 23, 1993

2429

Representative Coleman of the 142nd moves to amend the Committee substitute to SB 28 as follows:
On page 7 delete lines 29-31 On line 32 renumber "(8)" as "(7)"
and on page 8 delete lines 1-8.

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 76, nays 85. The amendment was lost.

The following amendment was read:

Representatives Chambless of the 163rd and Parham of the 122nd move to amend the Committee substitute to SB 28 by adding after the semicolon on line 6 of page 1 the fol lowing:
"to provide for such devices to be owned or leased and installed by units of local gov ernment; to provide for availability as a precondition to mandatory use of such devices;".
By inserting after the period on line 25 of page 1 the designation "(a)".
By inserting between lines 9 and 10 of page 2 the following:
"(b) As used in this article, the term 'provider center' means a facility established by a county or municipality for the purpose of providing and installing ignition interlock

2430

JOURNAL OF THE HOUSE,

devices when their use is required by or as a result of an order of a court of that county or municipality.
(c) This article shall not apply with respect to a court in general if the county or municipality served by the court has not established a provider center. This article shall not apply in any particular case if the relevant provider center does not have available a functioning certified ignition interlock device available for use in that particular case.
(d) Ignition interlock devices for provider centers shall be purchased or leased by counties and municipalities pursuant to competitive bidding procedures established by the rules and regulations of the Department of Public Safety.
(e) A provider center may charge the person whose vehicle is to be equipped with an ignition interlock device installation and deinstallation fees and rental fees reasonably calculated to compensate the county or municipality for the total direct and indirect costs of operating the provider center. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order."
By striking the word "regulary" on line 16 of page 5 and inserting in its place the word "regular".
By adding before the period on line 12 of page 7 the following:
"and the procurement of said devices by counties and municipalities".
By striking the phrase "installation, maintenance, and service" on line 7 of page 8 and inserting in its place the phrase "maintenance and service".

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

N Ashe Y Atkins Y Bailey N Baker
Bannister Y Barfoot Y Bargeron N Barnes
Bates
Y Benefield Y Birdsong
N Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T
Brown
YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell N Canty N Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
N Coker 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 YDix N Dixon.H Y Dixon,S
Dobbs Y Dover
N Ehrhart N Epps N Evans
N Felton Y Floyd,J.M Y Floyd,J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover N Hammond Y Banner Y Harris.B N Harris.M YHart N Heard N Hegstrom N Hembree N Henson N Holland

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

N Mobley.B Y Mobley,J N Moore
Y Mosley N Mueller Y Oliver N O'Neal
N Orrock Y Padgett Y Parham Y Parrish
N Patten N Pelote N Perry N Pinholster YPoag N Polak
N Porter N Poston Y Powell Y Purcell
N Randall N Randolph
Ray Y Reaves N Reichert Y Roberts Y Royal N Scoggins Y Shanahan N Sherrill Y Shipp N 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
N Smyre YSnow Y Stancil.F N Stancil,S Y Stanley.L Y Stanley.P N Stephenson
Y Streat Y Taylor
Teague NTeper
Y Thomas.C N Tillman Y Titus
Y Towery N Trense N Turnquest Y Twiggs Y Vaughan Y Walker N Wall Y Watson Y Watts N Westmorland N White Y Williams.B Y Williams.R N Yates
Y Yeargin Murphy.Spkr

TUESDAY, MARCH 23, 1993

2431

On the adoption of the amendment, the ayes were 86, nays 82. The amendment was adopted.

Representative Baker of the 70th moved that the House reconsider its action in adopt ing the Chambless amendment.
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 Y Barnes
Bates N Benefield Y Birdsong Y Bordeaux N Bostick
Breedlove Y Brooks.D N Brooks.T
Brown NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell Y Canty Y Carlisle N Carrell N Carter Y Cauthorn N Chambless N Chandler N Channell N Childers N Clark
Y Coker N Coleman.B N Coleman.T

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

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

Y Mobley.B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal
Y Orrock N Padgett N Parham N Parrish Y Patten Y Pelote Y Perry Y Pinholster NPoag Y Polak Y Porter YPoston N Powell N Purcell Y Randall Y Randolph
Ray Reaves Y Reichert N Roberts N Royal Y Scoggins N Shanahan Y Sherrill N Shipp Y Simpson N Sinkfield Y Skandalakis N Skipper

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

On the motion, the ayes were 85, nays 82. The motion prevailed.

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

N Ashe Y Atkins Y Bailey N Baker
Bannister Y Barfoot Y Bargeron
N Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove N Brooks.D Y Brooks.T
Brown YBuck

Y Buckner N Bunn
N Burkhalter YByrd N Campbell N Canty N Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
N 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 YDix Y Dixon.H Y Dixon,S
Dobbs Y Dover N Ehrhart N Epps N Evans

N Felton Y FloydJ.M N Floyd,J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover
Y Hammond Y Hanner Y Harris.B
N Harris.M YHart N Heard N Hegstrom N Hembree N Henson N Holland

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

2432

JOURNAL OF THE HOUSE,

N Ladd N Lakly N Lane.D
N Lane.R N Lawrence Y Lawson YLee N Lewis YLord
Y Lucas N Maddox N Mann Y Martin
N McBee
Y McClinton McKinney.B Milam
N Mills

N Mobley.B N Mobley,J N Moore Y Mosley N Mueller Y Oliver N O'Neal
N Orrock
N Padgett
Y Parham
Y Parrish N Patten N Pelote
N Perry N Pinholster YPoag N Polak
N Porter

N Poston Y Powell Y Purcell N Randall N Randolph
Ray Y Reaves N Reichert Y Roberts Y Royal N Scoggins Y Shanahan N Sherrill Y Shipp N 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
N Smyre NSnow
Y Stancil.F N Stancil.S Y Stanley.L Y Stanley.P
N Stephenson
Y Streat Y Taylor
Teague N Teper Y Thomas.C

On the re-adoption of the amendment, the ayes were 86, nays 84. The amendment was adopted.

N Tillman Y Titus Y Towery N Trense N Turnquest Y Twiggs Y Vaughan Y Walker
N Wall Y Watson Y Watts N Westmoreland N White Y Williams.B Y Williams.R
N Yates Y Yeargin
Murphy.Spkr

The Committee substitute, as amended, was adopted.

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

Y Ashe N Atkins Y Bailey Y 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 Brown
YBuck Y Buckner
Y Bunn
Y Burkhalter
YByrd
Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless N Chandler Y Channell Y Childers
N Clark N Coker Y Coleman.B N Coleman.T

N Colwell Y Connell YCox Y Crawford
Y Crews
Y Culbreth
Y Cummings Davis.G
Y Davis.M Y Dickinson YDix Y Dixon.H N Dixon.S
Dobbs Y Dover Y Ehrhart YEpps N Evans Y Felton N Floyd.J.M Y Floyd,J.W Y Godbee Y Golden N Goodwin Y Greene N Groover Y Hammond N Hanner
N 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 Y Joyce YKaye Y Kinnamon N Klein Y Ladd 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 Y McClinton Y McKinney.B
Milam Y Mills

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 134, nays 38.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

TUESDAY, MARCH 23, 1993

2433

Representative Towery of the 30th arose to a point of personal privilege and addressed the House.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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.

Representative Smith of the 169th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 964 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 169th, Martin of the 47th and Yeargin of the 90th.

The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the Senate substitutes or amendment thereto:

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 Senate 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, Ohio, Kentucky, Indiana, and Illinois to

2434

JOURNAL OF THE HOUSE,

provide 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 alter native routes through Georgia; 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.
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.

Representative Smith of the 169th moved that the House disagree to the Senate sub stitute to HR 330.
The motion prevailed.

HB 966. By Representatives Smith of the 169th, Benefield of the 96th, Lane of the 146th, Street 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.

The following Senate substitute was read:

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; to provide for policy and intent; to provide for a joint rail passenger network financial and economic impact study; to provide for creation of the interstate rail passenger advisory council; to provide for membership, powers, and duties; to provide for construction; to provide for severability; 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 32 of the Official Code of Georgia Annotated, relating to highways, is amended by adding a new Chapter 11 to read as follows:

TUESDAY, MARCH 23, 1993

2435

"CHAPTER 11
32-11-1. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substantially as this chapter.
32-11-2. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Ohio, Indiana, Ken tucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passen ger system would provide a beneficial service and would be enhanced if operated across state lines.
32-11-3. (a) The states of Illinois, Ohio, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter as 'participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following:
(1) Carry forward research previously performed by the national railroad passenger corporation (Amtrak) (report issued December 1990) for purposes of evaluating a rep resentative service schedule, train running times, and associated costs.
(2) Include consideration of the following: (A) The purchase of railroad equipment by a participating state and the lease
of the railroad equipment to Amtrak. (B) The recommendation that a member of the council serve on the Amtrak
board of directors. (C) The periodic review of projected passenger traffic estimates on all alternative
routes. (D) Any other matter related to the financial and economic impact of a rail pas
senger network along all alternative routes. (b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a participating state or the compact may be made available to the state or firm. How ever, the information may not include matters not of public record or of a nature consid ered to be privileged and confidential unless the state providing the information agrees to waive the confidentiality. 32-11-4. The participating states agree to do the following:
(1) Make available to each other and to a consulting firm representing a participa ting state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services,
(2) Provide financial assistance for the implementation of the feasibility study that is available. 32-11-5. The interstate rail passenger advisory council (referred to in this compact as the 'council') is created. The membership of the council consists of three individuals from each participating state. The Governor, President of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council. 32-11-6. The council shall do the following:
(1) Meet within 30 days after ratification of this agreement by at least two partici pating states.
(2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members.
(3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3.
(4) Contract with persons, including institutions of higher education, for perform ance of any part of the study under Code Section 32-11-3.
(5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restora tion of the interstate rail passenger system.
(6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter.

2436

JOURNAL OF THE HOUSE,

32-11-7. This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for another participating state upon the enactment of the compact by the state.
32-11-8. This compact continues in force with respect to a participating state and remains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter. The withdrawal may not be con strued to relieve a participating state from an obligation incurred before the end of the state's participation in the compact.
32-11-9. (a) This compact shall be liberally construed to effectuate the compact's purposes.
(b) The provisions of this compact are severable. If: (1) A phrase, clause, sentence, or provision of this compact is declared to be con
trary to the Constitution of a participating state or of the United States; or (2) The applicability of this compact to a government, an agency, a person, or a
circumstance is held invalid, the validity of the remainder of this compact and the compact's applicability to any gov ernment, agency, person, or circumstance is not affected.
(c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 169th moved that the House disagree to the Senate sub stitute to HB 966.
The motion prevailed.

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.

The following Senate amendment was read:

Amend the House substitute to SB 26 by adding after the word "To" on line 1 of page 1 the following:
"state legislative findings and intent; to".
By adding between lines 3 and 4 of page 2 the following:
"PART I
Section 1. The General Assembly estimates that up to $6 million will be saved on an annual basis when the provisions of Code Sections 49-4-112, 49-4-113, and 49-4-115 are fully implemented for complete fiscal years. It is the intent of the General Assembly that such cost savings realized by the implementation of these three Code sections be redirected into the Aid to Families with Dependent Children program in the following priorities:
(1) Extension of transitional Medicaid for up to 24 months provided a federal waiver is obtained;
(2) Expansion of PEACH program slots; and (3) Child care assistance for low-income working families.

TUESDAY, MARCH 23, 1993

2437

PART II".
By striking all matter on lines 15 and 16 of page 6 and inserting in lieu thereof the following:
"this article for a period of one or more calendar months within ten consecutive calen dar months immediately preceding the birth of an additional child or have been in a temporary penalty period of ineligibility for a period of one or more calendar months within ten consecutive calendar months immediately preceding the birth of an additional child. Nothing in this Code section shall be construed to disqualify a recipient family from an incremental increase in benefits in cases in which the birth of a child is the result of a verifiable rape or incest.'"

Representative Sinkfield of the 57th moved that the House disagree to the Senate amendment, to the House substitute, to SB 26.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Johnson of the 153rd moved that the House adhere to its position in amending SB 73 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Bordeaux of the 151st, Johnson of the 153rd and Orrock of the 56th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state princi pals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to princi pals located in this state.

Representative Hammond of the 32nd moved that the House insist on its position in substituting SB 295.
The motion prevailed.

2438

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Thomas of the 100th moved that the House insist on its position in disagreeing to the Senate amendment to HB 333 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Simpson of the 101st, Cox of the 160th and Thomas of the 100th.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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.

The following Senate substitute was read:

A BILL
To provide for a new charter for the county-wide government of Columbus, Georgia; to provide for the creation, form, boundaries, and services of such government; to provide for powers, duties, and authority of such government; to provide for taxing districts; to provide for limitations; to provide for the election of members of the council; to provide for procedures, terms, and qualification; to provide for council districts; to provide for compensation and expenses; to provide for meetings, officers, organization, rules, quorum, and employees; to provide for council powers, duties, and authority; to provide for ordi nances and all related procedures and limitations; to provide for codes of technical regula tions; to provide for codification, printing, and publication; to provide for council inquiries and investigations; to provide for the powers, duties, and authority of the mayor; to pro vide for boards, commissions, and authorities; to provide for the powers, duties, and authority thereof; to provide for the terms, qualifications, limitations, compensation, and election of the mayor; to provide for a mayor pro tern.; to provide for powers and duties thereof; to provide for city officers and their powers, duties, and authority; to provide for courts; to provide for the jurisdiction, powers, duties, and authority thereof; to provide for the selection, qualifications, and compensation of certain judicial officers; to provide for reapportionment of districts; to provide for elections and procedures; to provide for initia tive and referendum and procedures related thereto; to provide for removal of the mayor or councilors; to provide for revenue, taxation, and appropriations and powers, duties, and authority related thereto; to provide for budgets and procedures; to provide for audits; to

TUESDAY, MARCH 23, 1993

2439

provide for procurement and disposition of property; to provide for county officers and agencies; to provide for the applicability of laws; to provide for claims and liability; to pro vide for conflicts; to provide for pensions and personnel; to provide for merit service; to provide for amendments; to provide for severability; to provide for a code of ethics and prohibited practices; to provide for other matters relative to the foregoing; to provide for the specific repeal of certain local Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI ARTICLE I CREATION, FORM, BOUNDARIES AND SERVICES OF CONSOLIDATED GOVERNMENT
Section 1-100. Consolidation of city and county; creation of consolidated government; name. The governmental and corporate powers, duties and functions now vested in the City of Columbus, a municipal corporation created by an Act of the General Assembly approved December 19, 1928 (Ga. L. 1828, p. 153), as amended, and particularly but not in limitation as amended by an Act of the General Assembly approved August 5, 1921 (Ga. L. 1921, p. 800), as amended, are hereby consolidated with the governmental and corporate powers, duties and functions of the County of Muscogee, such consolidation of the govern ments of the City of Columbus and the County of Muscogee being pursuant to constitu tional power granted by Article XI, Section I, Paragraph VII of the Constitution of Georgia of 1945, as amended, particularly by an amendment ratified at the general election held on November 5, 1968 (Ga. L. 1968, p. 1508), and in accordance with an Act of the General Assembly approved April 25, 1969 (Ga. L. 1969, p. 3571). Said consolidation shall result in the establishment of a single county-wide government with powers and jurisdic tion throughout the territorial limits of Muscogee County, which single government shall supersede and replace the governments of the City of Columbus and the County of Musco gee and, to the extent provided in this Charter, shall also supersede and replace any public authorities and special service districts located and operating within Muscogee County. All areas of Muscogee County outside of Bibb City and the Fort Benning Reservation are hereby annexed as a part of the City of Columbus and shall become hereby a part of the City of Columbus which is hereby consolidated with Muscogee County, and the single gov ernment hereby created shall be considered for all purposes as being a consolidation of the governments of Columbus as defined hereby with the County of Muscogee, and the single government which supersedes and replaces the governments of the City of Columbus and County of Muscogee shall be considered as a consolidation of the City of Columbus with boundaries to the Muscogee County line with the exception of Bibb City and the Fort Benning Reservation. It is the express intention of the General Assembly in enacting this provision to declare as a city and as a part of the City of Columbus all the area of Musco gee County with the exception of Bibb City and the Fort Benning Reservation. Said coun ty-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the State, to be known as "Columbus, Georgia," (herein at times called "the consolidated government") having all of the governmental and corporate pow ers, duties and functions heretofore held by and vested in the City of Columbus and Mus cogee County, and also the powers, duties and functions provided in this Charter. The consolidated government shall be a public corporation; shall have perpetual succession; shall, without the necessity or formality of a deed, bill of sale or other instrument of trans fer, own, possess and hold all the properties (of whatsoever kind or nature), assets, con tracts, franchises, things, rights, privileges, immunities, real and personal property theretofore owned, possessed, enjoyed or held by the City of Columbus and the County of Muscogee; and by the name of Columbus, Georgia shall be able to contract and be con tracted with, sue and be sued as provided by this Charter, plead and be impleaded, in all courts of this State, and do all other acts relating to its corporate capacity; and shall be able in law and equity to purchase, have and hold, receive, enjoy, accept, possess and retain for the use and benefit of said Columbus, Georgia, in perpetuity or for any term

2440

JOURNAL OF THE HOUSE,

of years, any estate or estates (real or personal), lands, tenements, hereditaments of what soever kind or nature within or without the territorial limits of the consolidated govern ment, as may be devised, bequeathed, sold or by any manner conveyed or dedicated to or otherwise acquired by the consolidated government, and to use, manage, and improve, sell and convey, rent or lease same; and to have and use a common seal. From and after the effective date of the Charter, the political subdivision known as Muscogee County, Georgia, and the municipal corporation known as the City of Columbus, Georgia shall be merged into the said new political entity herein created.
Section 1-101. Form of government. The consolidated government provided by this Charter shall be known as the Mayor-Council-City Manager form of government. The mayor shall be aided by a city manager, who, in the performance of his or her duties, shall be responsible to the mayor.
Section 1-102. Boundaries of the consolidated government. The territory embraced in the consolidated government shall be the total area of Muscogee County, as the same may be now or hereafter fixed and established by law.
Section 1-103. Taxing districts. (1) The consolidated government shall, within the geographic limits thereof, comprise two or more taxing districts, (herein called "services districts"), wherein taxes shall be assessed, levied, and collected by the consolidated government in accordance with the kind, character, type, degree, and level of services provided by said government within said services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. The powers, authority, duties, liabilities, and functions of the consolidated government may vary in any district from that in another or other dis tricts, as provided by ordinance. (2) The Council of the consolidated government shall, pursuant to the applicable provisions of Article IX, Section 9-102 hereof divide the territory of the consolidated gov ernment into two or more taxing districts (herein called "services districts"); provided, however, at least one of such districts shall be known as the general services district and shall consist of the total area of Muscogee County as fixed and established on the effective date of this Charter or as thereafter modified according to law; and provided, further, the council shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the Council for additional or higher levels of services than are provided uniformly throughout the territory of the con solidated government on the effective date of this Charter. In the establishment of the first urban services district or districts, the Council shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place and date of such hearings shall be published in one or more newspapers of general circulation in Muscogee County at least twice during the week immediately preceding the date of the hearing. (3) The consolidated government is hereby empowered to exercise and provide within the General Services District and within any urban services district established by this Charter or by ordinance of the Council those powers, functions and services which have theretofore been exercised and provided by Muscogee County or the City of Colum bus, or both; all powers, functions and services authorized by this Charter, and any amendments thereto; and all powers, functions and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of the State of Georgia. (4) The consolidated government shall perform within the General Services District those governmental duties, functions and services which are generally available and acces sible to all residents throughout the total area of said government. (5) The consolidated government shall perform within its urban services districts those additional, more comprehensive and intensive and higher levels of governmental duties, functions and services which benefit primarily the residents of such urban services districts. (6) Except as otherwise provided by this Charter, urban services districts of the con solidated government shall be created, expanded, merged, consolidated or reduced only by

TUESDAY, MARCH 23, 1993

2441

ordinance duly adopted by the council under such general rules, procedures, regulations, requirements and specifications as established by the Council; provided however, no new urban service district shall be created or existing urban services districts expanded, abol ished, merged, consolidated or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction or creation of an urban services district in one or more newspa pers of general circulation in Columbus, Georgia for a period of once each week for at least two successive weeks prior to the date of the hearing. Such rules and regulations shall set forth the manner and method for creation of new urban services districts, expansion, con solidation, reduction or merger of existing urban services districts, requirements for defin ing functions and policies for rendering services, changes in levels of services within existing services districts, transferring territory from one services district to another, requirements for defining boundaries of services districts, procedures, expansion, reduction or consolidation of existing services districts and requirements for defining boundaries of services districts.
Section 1-104. Limitations. Nothing contained in this Charter shall be construed so as to affect the status of any incorporated municipality located within Muscogee County other than the City of Columbus, and the status or relationship that such incorporated municipalities bear to Muscogee County and the City of Columbus prior to the adoption of this Charter shall continue to the same extent with the consolidated government.
ARTICLE II POWERS AND DUTIES
Section 2-100. Powers and duties. (1) The consolidated government shall have and be vested with, to the same extent as if herein repeated, all rights, powers, duties, privileges and authority that the City of Columbus or Muscogee County, or both, has under the Constitution, and general and spe cial laws of Georgia at the time of the adoption of this Charter, except as herein expressly modified. (2) In addition to the foregoing, the consolidated government shall have all rights, powers, duties, privileges and authority herein conferred or herein enlarged, and such other rights, powers, duties, privileges and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges and author ity, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution of Georgia and laws of this state, including the powers vested in the consolidated government by this Charter. (3) The consolidated government, in addition to the rights, duties, powers, privileges and authority expressly conferred upon it by this Charter, shall have the right, duty, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein and to do and perform all of the acts pertaining to its local affairs, property and government, which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (4) No enumeration of any right, power, privilege or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. (5) No repeal of any law under which the consolidated government derives any right, power, privilege or authority, except by amendment of this Charter as herein provided, shall be construed as limiting or abolishing any such right, power, privilege or authority hereinabove set forth.
ARTICLE III LEGISLATIVE BRANCH
Chapter 1. The Council
Section 3-100. Number; terms of councilors; election.

2442

JOURNAL OF THE HOUSE,

(1) The members of the council who are serving as such on January 1, 1993, and any person selected to fill a vacancy in any such offices shall continue to serve as such mem bers for the remainder of their terms of office.
(2) The council shall consist of ten members. The terms of councilors shall be four years commencing on the regular meeting time set by the council within seven days follow ing the first Monday in January next following their election except that a councilor selected to fill a vacancy shall serve only for the remainder of the unexpired term. Councilors shall be elected as provided in Article VI of this charter. Councilors shall serve until the expiration of their terms of office and until their successors are elected and quali fied.
(3) Each council post shall be numbered. Members of the council serving on January 1, 1993, and any successor to such a member filling a vacancy for an unexpired term shall continue their respective post designations in effect on January 1, 1993, for the remainder of the term of office. Beginning with the regular elections in 1994 and 1996, the post num bers shall correspond with the numbering of the respective council districts as members are elected to the eight council districts provided for in Section 6-101 of this charter. The member elected to the council as an at-large member in 1994 shall continue to be the des ignated Post 9 councilor and the member elected to the council as an at-large member in 1996 shall continue to be the designated Post 10 councilor. After the regular elections in 1994 and 1996, the council shall have eight district councilors and two councilors at large.
Section 3-101. Qualifications of councilors. A councilor shall be a citizen of the United States; shall have been a resident and qualified elector of the consolidated government for a least two years prior to the date of his or her election; and shall be at least 21 years of age when elected to office. In addition to such qualifications, a district councilor shall have been a resident of the district from which elected for a period of at least one year prior to the date of his or her election and shall continue to reside therein during his or her term of office. Any councilor who removes his or her residence from the consolidated government or in the case of a district councilor, from the district from which elected, shall thereby vacate his or her office. No person holding the office of councilor shall hold any other elective public office or any appointive position of employment within the con solidated government.
Section 3-102. Compensation and expenses. Councilors shall receive as compensation for their services an amount fixed by ordinance. Except as otherwise provided by Section 4-203 of this Charter, each councilor shall receive the same salary and no increase or decrease in the annual compensation of councilors shall become effective until the day of the commencement of the terms of councilors elected at the next regular election following any increase or decrease in their annual compensation. The Council shall by ordinance establish a policy for reimbursement of the actual necessary expenses incurred by its mem bers in the performance of their official duties.
Section 3-103. Organization of the Council; officers; rules; quorum; meetings; employ ees.
(1) The Council shall meet at its usual meeting place for organization at the regular meeting time set by the council within seven days following the first Monday in January next following its election, at which time it shall elect by six votes one of its members as mayor pro tern to serve until the next organizational meeting. It shall also elect a clerk of Council who shall not be selected from its own membership. All appointments, elections and confirmations by the Council shall be viva voce and this vote recorded in the official journal.
(2) The mayor and members of the Council, before entering upon their duties shall take and subscribe before a Judge of the Superior Court the following oath of office:
"I do solemnly swear that I will well and truly perform the duties of Mayor (or councilor as the case may be) of Columbus, Georgia, and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. So help me God."
(3) The Council shall adopt rules of procedure governing the transaction of its busi ness consistent with the provisions of this Charter and shall provide for keeping a journal

TUESDAY, MARCH 23, 1993

2443

of its proceedings which shall be a public record. Six members of the Council shall consti tute a quorum for the transaction of business, provided a smaller number may adjourn from time to time.
(4) The rules of the Council shall provide for regular meetings which shall be held at least once in every week, and shall fix the date and place of all regular meetings; pro vided, however, that any regular meeting may be canceled upon the adoption of a resolu tion by a majority vote of the Council at least seven days prior to the meeting. In no event shall fewer than two regular meetings be held in any month. Special meetings of the Coun cil may be called by the mayor or by any six members of the total membership of the Council upon no less than 12 hours' written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of the special meeting may be waived in writing either before or after the meeting. Special meetings may be held at any time without notice upon attendance at such meeting of or waiver of notice by all members of the council.
(5) All meetings of the Council shall be public and any citizen may have access to the minutes and records thereof at reasonable times.
(6) For each absence of a councilor from a regular meeting of the Council, there shall be deducted from the pay of such councilor a sum equal to 2 percent of the annual salary of the councilor; provided however, there shall be no deductions from the pay of a councilor for absences from regular meetings where such absences have been excused by the Council by resolution setting forth the reason thereof and entered upon the journal. Absence from five consecutive regular meetings shall operate to vacate the seat of a councilor, unless the absence is excused by the Council by resolution setting forth the rea son thereof and entered upon the journal.
(7) The clerk of Council shall give notice of Council meetings to its members, to the mayor and to the public as provided by ordinance, keep the journal of its proceedings, maintain a current and comprehensive index of all ordinances and resolutions and perform such other duties as may be assigned him or her by this Charter or by the Council.
Section 3-104. Powers of Council. (1) All legislative power of the consolidated government including any such power which may hereafter be conferred on the consolidated government by amendment of this Charter, or by the Constitution or laws of Georgia, shall be vested in and exercised by the Council in accordance with the provisions of this Charter. Where the Council has deter mined that a state of emergency exists, it may delegate its legislative powers to the mayor to rule the city by proclamations and such proclamations shall have the force and effect of ordinances adopted by the Council and violators shall be punished by fine and impris onment in like manner as violators of ordinances adopted by the Council of Columbus. (2) In the exercise of its powers, the Council shall adopt and provide for the execu tion of such ordinances, rules and regulations, not inconsistent with this Charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this Charter and for the promotion and protection of the safety, health, peace, security and general welfare of the inhabitants of the consolidated government and may enforce such ordinances, rules and regulations by imposing penalties for violations thereof, by a fine not exceeding $600.00 or imprisonment not exceeding 90 days, or both. (3) The Council may by ordinance create, change, alter, combine, abolish and consol idate bureaus, boards, commissions, departments, divisions, authorities, offices, and agen cies of the consolidated government including positions of public employment and may transfer and delete functions and assign additional functions to any of the bureaus, offices, agencies, departments, divisions, boards, authorities, commissions and positions of public employment existing under this Charter. (4) The Council may bring charges against any appointed officer or employee not in the merit service of the consolidated government for lack of qualifications, incompetence, neglect of duty, gross misconduct in reference to his or her duties, or violation of the Code of Ethics provided in Appendix Two of this Charter. The charges shall be presented in writing to the appointing authority, and if he or she does not remove the accused, the Council may order a public hearing thereon, at which the official shall have the right to be heard, to be represented by counsel, and to require the attendance of witnesses and the

2444

JOURNAL OF THE HOUSE,

production of relevant books and papers. If, after hearing, the accused be found guilty as charged, he or she may be suspended or dismissed from the service of the consolidated government by the affirmative vote of seven members of the Council.
(5) Except as otherwise provided by this Charter, the Council and its members shall deal with the executive branch of the consolidated government, including all appointive officers, directors of departments and employees thereof only through the mayor and any such action by the Council may take the form of an ordinance or resolution.
Chapter 2. Legislative Procedure
Section 3-200. Legislation by ordinance. Every official act of the Council which is to become law shall be by ordinance and shall begin with the words: "The Council of Colum bus, Georgia, hereby ordains." All other acts of the Council shall be by resolution or shall take such other form as prescribed by its rules.
Section 3-201. Manner of introduction, consideration, and passage of ordinances. (1) Every proposed ordinance must be complete and in writing and may be intro duced by any member at any meeting of the Council. Every ordinance shall embrace but one subject which shall be clearly expressed in the title, except ordinances making appro priations or authorizing the contracting of indebtedness or issuance of bonds or other evi dence of debt. (2) Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects respectively. Nothing herein shall be construed to prevent the Council from authorizing in and by the same ordinance the making of any one public improvement and the issuance of bonds therefor. (3) No ordinance shall be passed and adopted until it has been read at two regular meetings not less than one week apart. The requirement of such reading may be dispensed with at either or both of such meetings by the affirmative vote of six members of the Council. Where the Council determines that a state of emergency exists due to natural disaster, foreign enemies, or civil disobedience, an ordinance may be passed declaring that such emergency exists and such ordinance may be adopted on one reading, effective imme diately, and effective prior to advertisement. (4) No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance or section as revised or amended. (5) Each proposed ordinance may be read only by title when called for final passage. (6) Voting upon the passage of all ordinances shall be taken by "ayes" and "nays" and the names of the councilors voting for and against each proposed ordinance or amend ment shall be entered upon the journal of the proceedings of the Council. (7) No proposed ordinance shall be adopted except by the affirmative vote of at least six members of the Council. (8) No member of the Council present at any meeting shall be excused from voting upon passage of an ordinance except on matters involving the consideration of the official conduct of such member or when the financial interests of such member are involved.
Section 3-202. Submission of ordinances to the mayor. (1) Every ordinance adopted by the Council shall be presented by the clerk to the mayor for his or her signature as promptly as possible following its adoption. (2) Within five days after such presentation, the mayor shall return the ordinance to the clerk with or without his or her signature. If the ordinance has been signed by the mayor, it shall become law upon its return to the clerk; if the ordinance has not been signed, it shall be resubmitted to the Council through the clerk with the mayor's written motion that the ordinance be reconsidered. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. An ordinance penal in nature, providing for punishment or fine, shall become law ten days after it has been signed by the mayor and returned to the clerk. (3) In the event the mayor fails to sign the ordinance in accordance with subsections (1) and (2) hereof or does not resubmit the ordinance with his or her written motion for

TUESDAY, MARCH 23, 1993

2445

reconsideration as provided in subsection (2) hereof, the ordinance shall become law upon the expiration of said five-day period following its adoption. In the event the mayor fails to sign an ordinance penal in nature providing for punishment or fine, or does not resubmit such penal ordinance with his or her written motion for reconsideration, the ordi nance shall become law upon the expiration of 15 days following its adoption.
(4) Each ordinance resubmitted by the mayor with his or her written motion for reconsideration shall be presented by the clerk to the Council at its next regular meeting, and should the Council after discussion on the merits then reaffirm its action by a vote of six members, the ordinance shall become law. An ordinance penal in nature, providing for punishment or fine, reaffirmed by such votes of six members, shall become effective ten days after such vote of reaffirmation.
Section 3-203. Authentication; recording; effective date. All ordinances which have become law shall immediately be deposited in the official archives of the clerk of Council. The clerk shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The clerk shall authenticate by his or her signature each ordinance which had become law. Except as otherwise provided in this Charter, the clerk shall cause each ordinance which has become law to be recorded in full in a properly indexed official journal maintained for such purpose.
Section 3-204. Codes of technical regulations. (1) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopt ing ordinance shall be as prescribed for ordinances generally except that:
(a) The requirements of Section 3-201(4) for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations, as well as the adopting ordinance; and
(b) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 3-203. (2) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
Section 3-205. Codification and printing of ordinances. (1) The Council shall, by October 5, 1974, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the Council by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this Charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the Council may specify. This compilation shall be known and cited officially as the "Columbus Georgia Code." As deter mined by the Council, copies of the Code shall be furnished to officers, departments and agencies; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (2) Copies of ordinances and Charter amendments shall be made available for pur chase by the public at reasonable prices to be fixed by the Council. Following publication of the first Columbus Georgia Code and from time to time thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for integration therein.
Section 3-206. Publication of ordinances by caption only; publication in full. The cap tion of every ordinance showing its general contents shall be published once, within ten days after becoming law, in the newspaper having the largest circulation in Columbus, Georgia, and this publication will include notice of the office of consolidated government in which the full text of the ordinance is available for public inspection, except that if the cost of publishing the full text of the ordinance does not exceed $99.00, the full text and not just the caption shall be published as provided in this section, and no notice of the office in which the full text is available shall then be required to be published.

2446

JOURNAL OF THE HOUSE,

Chapter 3. Council Inquiries and Investigations
Section 3-300. Inquiries and investigations. (1) The Council shall have the power to conduct or cause to be conducted inquiries and investigations of the operation of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the consolidated government. (2) In conducting inquiries and investigations, the Council shall have the right to administer oaths, subpoena witnesses, documents, records or other evidence, take testi mony, and require the production of evidence. Any subpoena shall be issued by the clerk at direction of the Council. Any person who fails or refuses to obey a lawful order, sub poena or summons issued in the exercise of these powers by the Council shall appear before the recorder or recorder pro tern, of the recorder's court, who shall hear the reasons or excuses for such failure and the recorder or recorder pro tern, shall have authority to impose such punishment as for a contempt as he or she may deem proper, not to exceed a fine of $100.00 or imprisonment not to exceed ten days or both in the discretion of the court, with the right of appeal to the State Court of Columbus, Georgia, as hereinafter provided.
Section 3-301. Investigations to be public. All inquiries and investigation conducted by the Council shall be open to the public, except when in the opinion of the Council execu tive sessions are required.
Section 3-302. Rights of witnesses and others. Any witness appearing before the Coun cil may be represented by counsel. Any person whose character shall have been impugned in the course of an inquiry or investigation by the Council shall be given the opportunity to appear with or without counsel, to present evidence, to cross-examine witnesses, and to call witnesses of his or her own, and the Council shall, upon application being made, exer cise its subpoena power to compel the attendance of such persons and witnesses.
Section 3-303. Conduct of proceedings. The conduct of proceedings at Council inquiries and investigations shall be subject to such rules as the Council may prescribe.
ARTICLE IV EXECUTIVE BRANCH Chapter 1. Organization and General Provisions
Section 4-100. Executive powers. All executive and administrative powers of the con solidated government shall be vested in and exercised by the executive branch.
Section 4-101. Organization. The executive branch shall consist of the office of the mayor; the office of city manager; the directors of departments; and departments, boards, commissions and authorities ordained by the Council or established by law.
Section 4-102. General provisions concerning departments. (1) The operations and responsibilities of each department in the consolidated gov ernment shall be distributed among such divisions or bureaus as may be provided for by ordinance of Council. Each department shall consist of such officers, employees, and posi tions as may be provided by ordinance. (2) There shall be a director of each department who shall be the principal officer thereof, except the department of public safety, the director and principal officer of which shall be the mayor. Except as otherwise provided by law or this Charter, each director shall, subject to the supervision and direction of the city manager, be responsible for the conduct of the affairs and operations of his or her department and shall exercise general management and control of the several divisions, bureaus or other units of the depart ments as may be established by ordinance of the Council. (3) All directors of departments shall be appointed and may be removed by the city manager with the advice and consent of the Council, except where other appointing authority is designated by this Charter or by applicable state law. (4) Except as otherwise provided by this Charter the directors of departments and other appointed officers of the consolidated government shall serve at the pleasure of the

TUESDAY, MARCH 23, 1993

2447

appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment.
(5) Except as otherwise provided by law, the directors of departments and other appointed officers of the consolidated government shall be appointed on the basis of their respective executive, administrative and professional qualifications.
(6) All appointive officers and directors of departments shall receive such compensa tion as prescribed by ordinance of the Council.
Section 4-103. General provisions concerning boards, commissions and authorities. (1) All members of boards, commissions and authorities of the consolidated govern ment shall be appointed by the Council for such term of office and by such manner of appointment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable state law. (2) Any vacancy in office of any member of a board, commission and authority of the consolidated government shall be filled for the unexpired term in the manner pre scribed herein for original appointment, except as otherwise provided by this Charter or by applicable state law. (3) No member of any board, commission or authority shall assume office until he or she shall have executed and filed with the clerk of the Council an oath obligating him self or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the Council and administered by the mayor. (4) Any member of a board, commission or authority of the consolidated government may be removed from office for cause by a vote of six members of the Council. (5) Except as otherwise provided by law, members of boards, commissions and authorities may receive such compensation as may be prescribed by ordinance. The Coun cil may by ordinance establish a policy for reimbursement of the actual and necessary expenses incurred by such members in the performance of their official duties.
Chapter 2. The Mayor
Section 4-200. Term; qualification; compensation; election. (1) (A) The mayor who is serving as such on January 1, 1993, and any person selected to fill a vacancy in such office shall continue to serve as mayor for the remainder of the unexpired term of office.
(B) The mayor of the consolidated government (herein referred to as the "mayor") shall be elected for a term of four years and shall assume office on the first Monday in January next following his or her election and shall serve until a successor is elected and qualified. The mayor shall be elected as provided in Article VI of this Charter. (2) The mayor shall be a citizen of the United States, shall have been a resident and qualified elector of the consolidated government for at least two years prior to the date of his or her election, and shall be at least 25 years of age when elected to office. If the mayor shall cease to be a resident and qualified elector during his or her term of office he or she shall forthwith forfeit the office and the Council shall declare the office vacant. (3) The annual salary of the mayor shall be fixed by ordinance of Council; provided, however, that such compensation shall not be diminished during his or her term of office.
Section 4-201. Powers and duties. The mayor shall have the power and the duty: (1) To be the official spokesperson for the consolidated government and its chief advocate of policy, and to see that the ordinances, resolutions, and regulations of the Council and laws of this state, subject to enforcement by the mayor or by officers subject to the mayor's direction and supervision, are faithfully executed and enforced; (2) To preside at all meetings of the Council and to have a voice in its proceedings; (3) (a) To nominate the city manager and the city attorney. Such nominations shall become effective when confirmed by the affirmative vote of six members of the Council;
(b) To recommend the removal of the city manager and the city attorney. Such recommendations shall become effective when confirmed by the affirmative vote of six members of the Council;

2448

JOURNAL OF THE HOUSE,

(4) To have the right to vote only in the case of a tie, and for such purpose only to be deemed a member of the Council;
(5) Except as provided in subsection (9) hereof, to sign ordinances on their final pas sage; to sign deeds, bonds, contracts, and other instruments and documents in any case in which the execution of legal instruments of legal writing or of other necessity, arising where the general laws of the state, or provisions of this Charter, or ordinance or resolu tion of the Council so require;
(6) To be recognized as the official head of the consolidated government by the courts for the purpose of receiving service of civil process, by the Governor for the purpose of military law and for all ceremonial purposes;
(7) To take, with consent of the council, command of the police and govern the con solidated government by proclamation and maintain order and enforce laws in times of danger or emergency, such consent may be given by an emergency ordinance adopted as set forth in Section 3-201(3) of the Charter, and in the event the President of the United States or the Governor of the State of Georgia declares such emergency to exist, to take command of the police and govern the consolidated government and maintain order and enforce laws until such time as the Council is able to act;
(8) To call special meetings of the Council as provided by Article III, Chapter 1, Sec tion 3-103(4) of this Charter;
(9) To require reconsideration of ordinances passed by the Council as provided by Article III, Chapter 2, Section 3-202 of this Charter;
(10) To submit to the Council the recommended annual operating and capital budget and capital improvement program as required by Article VII, Chapter 4 of this Charter;
(11) To conduct studies and to make recommendations to the Council for legislation concerning all matters relating to the consolidated government and the welfare of its citi zens;
(12) To represent the consolidated government in its intergovernmental relations, par ticularly where questions of public policy are at issue;
(13) To appoint for his or her information and assistance, advisory boards, commis sions, and committees which shall be answerable only to the mayor, but whose actions shall be advisory in nature;
(14) To direct, supervise and coordinate the administration and activities of the department of safety;
(15) Subject to the approval of six members of the Council, to appoint and remove division heads such as the police and fire chief and such other officers as prescribed by ordinance;
(16) To supervise and direct all matters pertaining to civil defense, including civil defense planning, training, coordination, implementation and such other civil defense func tions and activities, as required by ordinance; and
(17) To perform such other functions and duties as required by law, this Charter, or ordinance, or resolution of the Council.
Section 4-202. Limitation on terms of service; other elective office. Any mayor who is elected for two consecutive four-year terms shall not be eligible to be elected for the suc ceeding term. During his or her term of office, the mayor shall not hold any other elective public office or any appointive position of employment within the consolidated govern ment.
Section 4-203. Mayor pro tern.; powers; duties. During the absence or disability of the mayor for any cause, the mayor pro tem. shall exercise all the powers and discharge all the duties of the mayor, until such vacancy has been regularly filled or until the return of the mayor or the removal of the mayor's disability. In the event of the absence or dis ability of both the mayor and mayor pro tem. for any cause, the Council shall designate one of their number to preside over their meetings and discharge the duties of mayor until either the return or removal of the disability of the mayor or mayor pro tem. The councilor who serves as mayor pro tem. shall receive an annual salary equal to the annual salary of councilors plus such additional compensation as may be fixed from time to time by ordinance of the Council.

TUESDAY, MARCH 23, 1993

2449

Chapter 3. City Officers Subchapter A. City Manager
Section 4-300. Appointment and removal. The city manager shall be appointed and removed in accordance with the requirements of Section 4-201(3) of this Charter. The city manager shall not be removed without having been first served with written notice setting out the grounds for his or her removal and given an opportunity to be heard by the Coun cil. The Council without the recommendation of the mayor shall be authorized to remove the city manager upon the affirmative vote of seven members. Vacancies occurring in the office of the city manager shall be filled in the same manner as prescribed by this Charter for original appointment.
Section 4-301. Residence and compensation. The city manager need not be a resident of the consolidated government or of the State of Georgia at the time of his or her appointment, but residence in the consolidated government must be acquired within three months thereafter and thereafter retained during his or her term of office. The city man ager shall receive such compensation as fixed by ordinance of the Council.
Section 4-302. Powers and duties. The city manager, under and subject to the direc tion of the mayor shall:
(1) With the advice and consent of the Council, appoint and remove all heads of departments in the administrative service of the consolidated government who are subject to his or her control and direction as provided for by this Charter or personnel rules adopted pursuant to this Charter and by ordinance;
(2) Direct and supervise the administration of all departments, offices and agencies of the consolidated government except as otherwise provided by law, this Charter, or ordi nance;
(3) Prepare and submit to the mayor the annual operating and capital budget and capital improvement program;
(4) Submit to the mayor and make available to the public a complete report on the finances and administrative activities of the consolidated government as of the end of each fiscal year and at such other times as the mayor may direct;
(5) Prepare and make such other reports concerning the operations of departments, offices and agencies of the consolidated government subject to the city manager's direction and supervision as may be required by the mayor or by the Council;
(6) Keep the mayor and Council fully advised as to the financial condition and future needs of the consolidated government and make such recommendations to the mayor and the Council concerning the affairs of the government as he or she deems desir able;
(7) Have care and custody of all buildings and of all real and personal property of the government;
(8) Direct and supervise the administration of the construction, maintenance, and operation of public streets, roads, bridges, drains and buildings and other public works;
(9) Confer with and assist the directors of all departments, such as the department of health and department of family and children services whose responsibilities and activi ties are not under direct control and jurisdiction of the Council but who are dependent upon appropriations therefrom;
(10) Confer with and advise all elected and appointed officials of the consolidated government who are not under the immediate control or jurisdiction of the Council but who receive financial support therefrom, such as sheriff, clerk of court, and probate judge;
(11) Examine regularly accounts, records and operations of every board, commission, authority, department, office and agency which receive appropriations from the Council;
(12) Provide general liaison between the mayor, the Council and all departments, boards, commissions and employees of the consolidated government;
(13) Perform such other duties as may be required by law, this Charter, ordinance, or resolution of the Council.
Subchapter B. City Attorney
Section 4-310. Appointment and removal. The city attorney shall be appointed and removed in accordance with the requirements of Section 4-201(3) of this Charter. The city

2450

JOURNAL OF THE HOUSE,

attorney shall not be removed without having been first served with written notice setting out the grounds for his or her removal and given an opportunity to be heard by the Coun cil. The Council without the recommendation of the mayor shall be authorized to remove the city attorney upon the affirmative vote of seven members. Vacancies occurring in the office of the city attorney shall be filled in the same manner as prescribed by this Charter for original appointment.
Section 4-311. Qualifications; compensation. The city attorney shall be a resident of the consolidated government, an active member of the State Bar of Georgia in good stand ing, and shall have had at least five years' experience in active practice of the law. The compensation of the city attorney shall be fixed by ordinance.
Section 4-312. Duties. The city attorney shall: (1) Act as the legal adviser to and attorney and counsel to the consolidated govern ment and all its officers in matters relating to their official duties; (2) Prepare all contracts, bonds and other instruments in writing in which the con solidated government is concerned and shall endorse on each approval of the form and cor rectness thereof, and no such written contract with the consolidated government shall take effect until the approval of the city attorney is endorsed thereon; (3) Be the prosecutor in the recorder's court: (4) Perform such other duties as may be required by law, this Charter, ordinance, or resolution of the Council.
Subchapter C. Public Safety Sections 4-320 and 4-321. Reserved.
Chapter 4. Reserved. Chapter 5. Reserved. Chapter 6. Boards, Commissions, and Authorities: Functions Subchapter A. Departmental
Section 4-600. Board of water commissioners; laws continued in force; terms con strued.
(1) On the effective date of this Charter, the board of water commissioners estab lished pursuant to an Act of the General Assembly of Georgia, approved December 3, 1902 (Ga. L. 1902, p. 370), as amended, shall continue its operations without interruption result ing from the adoption of this Charter and said Act as now or hereafter amended is hereby continued in unimpaired force and effect; provided, however, that as used in said Act the terms "City of Columbus" or "Muscogee County" shall be construed to mean Columbus, Georgia, and the term "mayor and board of aldermen" shall mean Council of Columbus, Georgia.
(2) The Council of the consolidated government shall be authorized to redefine the manner of appointment, membership and powers and duties of said board of water com missioners after the expiration of a period of eighteen months following October 5, 1971. At such time, the Council shall also be authorized to modify, change or repeal any or all of the provisions of the Act of the General Assembly, approved December 3, 1902.
Section 4-601. Board of health; redesignation; application of law; terms construed. On October 5, 1971, the county board of health established by virtue of an Act of the General Assembly of Georgia, approved March 27, 1941 (Ga. L. 1941, p. 937), as amended, and pur suant to an amendment to Paragraph VI, Section I, Article XI of the Constitution of Geor gia, as amended (Ga. L. 1947, p. 1780), shall be redesignated as the board of health of Columbus, Georgia, and it shall continue its operation without interruption resulting from the adoption of this Charter. As of that date, the provisions of the Act establishing said board of health shall continue in unimpaired force and effect and shall apply to the con solidated government; except as used in said Act, the terms "City of Columbus" or "Mus cogee County" shall be construed to mean Columbus, Georgia; the term "chairman of the board of commissioners of roads and revenues of Muscogee County" shall mean mayor of Columbus, Georgia; the term "city commissioners" shall mean Council of Columbus, Geor gia; and the term "county board of health" shall mean Columbus Board of Health.

TUESDAY, MARCH 23, 1993

2451

Section 4-602. Board of family and children services; redesignation; application of law; terms construed. On October 5, 1971, the board of family and children services of Muscogee County, established pursuant to an Act of the General Assembly of Georgia, approved February 26, 1937 (Ga. L. 1937, p. 355), as amended, shall be redesignated as the board of family and children services of Columbus, Georgia, and said board, as herein redesignated, shall continue its operation without interruption resulting from the adoption of this Charter. As of that date, the provisions of an Act of the General Assembly of Geor gia, approved February 26, 1937 (Ga. L. 1937, p. 355), as amended, and as may hereafter be amended, shall apply to the consolidated government. As used in said Act, as amended, or as may hereafter be amended, the term "county" shall be construed to include Colum bus, Georgia, and the terms "county commissioner" or "board of commissioners" shall be construed to include the Council of Columbus, Georgia.
Subchapter B. Attached to Departments
Section 4-610. Personnel review board. (1) The personnel review board shall make recommendations on personnel rules and regulations; hear appeals from employees under procedures established by ordinance of the Council pertaining to classification, reclassification and allocation of positions within the merit service; hear appeals from disciplinary actions; investigate conditions of employment in the service of the consolidated government and report thereon at least annually to the Council; and perform such other functions and duties as may be required by ordinance.
(2) Pursuant to the authority of Code Section 36-1-21 of the O.C.G.A., the personnel review board shall hear appeals by employees of elected county officers and employees of other commissions, boards, or bodies of the county when said county officers or commis sions or boards or bodies make written application for the inclusion of their employees in the merit system of the consolidated government, and such appeals shall be heard under the provisions of the Columbus Personnel Regulations or under such other provisions as may be ordained by the Council.
(3) The personnel review board shall consist of five regular members and five alter nate members. Each alternate member shall be designated as the alternate for a particular regular member. In the absence of any regular member, the alternate so designated for his or her place shall sit as a substitute for said absent member and shall be empowered to act as a regular member until such time as the proceedings begun in the absence of the regular member are concluded.
Sections 4-611 through 4-613. Reserved.
Subchapter C. Nondepartmental
Section 4-620. Housing Authority (reserved)
Section 4-621. Hospital authority; redesignation; application of law; terms construed. On October 5, 1971, the hospital authority of Muscogee County shall be redesignated as the hospital authority of Columbus, Georgia, and it shall continue its operation without interruption resulting from the adoption of this Charter. As of that date, the provisions of Article 4 of Chapter 7 of Title 31 of the O.C.G.A., the "Hospital Authorities Law," as now or hereafter amended, shall apply to the consolidated government. As used in said article, as amended, or as may hereafter be amended, the term "authority" shall be con strued to include the hospital authority of Columbus, Georgia; the term "governing body" shall be construed to include the Council of Columbus, Georgia; and the term "area of operations" shall be construed to include the area within but not limited to the territorial limits of Columbus, Georgia. Any and all agreements made by such authority are hereby approved and ratified, including, without limiting the generality of the foregoing, all bonds and notes or other monetary commitments issued or made by such authority and including any and all agreements made by such authority with the federal government, or any agency thereof, or the state government or any agency thereof, pertaining in any way to

2452

JOURNAL OF THE HOUSE,

the functions of such authority. By this section the corporate existence, functions and pow ers of the hospital authority of Columbus, Georgia, are hereby expressly recognized and continued in unimpaired force and effect until abolished as herein provided. The Council may, by ordinance, abolish the hospital authority within a period of five years following October 5, 1971, and transfer all the powers and functions of such authority to a depart ment or instrumentality of the consolidated government which shall have the power and its duty shall be to perform and exercise all the functions and powers theretofore per formed and exercised by the hospital authority under Article 4 of Chapter 7 of Title 31 of the O.C.G.A., the "Hospital Authorities Law," as amended.
Section 4-622. Reserved.
Section 4-623. Industrial and port development commission. (1) There is hereby created for Columbus, Georgia, an agency to be known as the "Columbus Industrial and Port Development Commission." Said Commission shall be a separate public entity and a public corporation. (2) The Commission shall consist of seven members who shall be appointed by the Council of Columbus, Georgia, and they shall serve for a term of five years and may be reappointed. Vacancies shall be filled for the unexpired term by the said Council. A major ity of the members shall constitute a quorum, and a majority may act for the Commission in any matter. No vacancy shall impair the power of the Commission to act. (3) On October 5, 1971, the Muscogee County Industrial Development Authority, cre ated by an amendment to Article VII, Section V, Paragraph I of the Constitution of Geor gia of 1945, as amended, and as ratified at the general election held on November 5, 1968 (Ga. L. 1967, p. 947), shall stand abolished. Thereupon, the Columbus Industrial and Port Development Authority created by this section shall succeed, replace, and have the powers and duties in every respect and shall perform every function as were formerly possessed and performed by the Muscogee County Industrial Development Authority and all rights, privileges, obligations and powers heretofore vested therein by said constitutional amend ment (Ga. L. 1967, p. 947) are hereby transferred to and vested in the Columbus Industrial and Port Development Commission and to such extent said constitutional amendment is continued in unimpaired force and effect. (4) On October 5, 1971, the Muscogee County Port Development Commission, cre ated pursuant to an amendment to Article VII, Section VII, Paragraph V of the Constitu tion of the State of Georgia of 1945, as amended, and as ratified at the general election held on November 8, 1966, (Ga. L. 1965, p. 702), shall stand abolished. Thereupon the Columbus Industrial and Port Development Commission created by this section shall suc ceed, replace, and have the powers and duties in every respect and shall perform every function as were formerly possessed and performed by the Muscogee County Port Devel opment Commission, and all rights, privileges, obligations and powers heretofore vest therein by said constitutional amendment (Ga. L. 1965, p. 702) are hereby transferred to and vested in the Columbus Industrial and Port Development Commission and to such extent said constitutional amendment is continued in unimpaired force and effect. (5) Property, real or personal, acquired, constructed, equipped or installed from the proceeds of any revenue bonds issued by the Commission shall not be exempt from ad valorem property taxation without the approval of the Council, and in the event such property shall be owned by the Commission, the person, firm or corporation leasing such property from the Commission shall make payments to Columbus, Georgia, in lieu of ad valorem property taxes which would have been owed had the property been owned by such person, firm or corporation, unless such payment shall be waived by the Council. The reve nue bonds of the Commission, their transfer and the income therefore [therefrom] shall at all times be exempt from taxation within the State of Georgia.
Section 4-624. Board of tax assessors. There is created a board of tax assessors for the consolidated government, which shall consist of five members appointed by the Council for six-year staggered terms of office as specified by ordinance of the Council. It shall be the duty of the board to equalize and assess tax returns on all property, real, and personal, in Columbus, Georgia, subject to taxation, in such manner as to provide that each property

TUESDAY, MARCH 23, 1993

2453

owner will pay a tax in proportion to the value of his, her, or its property. The board of tax assessors shall perform such functions as are conferred upon county boards of tax assessors generally by the Constitution and laws of Georgia, and it shall exercise and per form such other powers, functions, and duties as may be required by ordinance or resolu tion of the Council. The board shall annually elect one of its members as chairperson and its members shall receive such compensation as fixed by ordinance of the Council. No per son shall hold or perform the duties of tax assessor unless his or her qualifications shall meet the requirements established by Code Section 48-5-291 of the O.C.G.A.
Sections 4-625 and 4-626. Reserved.
Section 4-627. Airport commission; redesignation; application of law; terms construed. (1) The Muscogee County airport commission created by an amendment to Article V, Section IV, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, and ratified at the general election held on November 5, 1968 (Ga. L. 1968, p. 1655) is hereby redesignated as the Columbus airport commission which shall continue its operation without interruption resulting form the adoption of this Charter, and except as herein provided, the provisions of said constitutional amendment shall continue in unim paired force and effect, except that as used in said amendment the term "County of Mus cogee" shall mean Columbus, Georgia; and the term "Muscogee County airport commission" shall mean Columbus airport commission; the term "board of commissioners of Muscogee County" shall mean Council of Columbus, Georgia; and the term "clerk of commissioners" shall mean the clerk of Council of the consolidated government; provided, however, the Council may, by ordinance within a period of five years following October 5, 1971, transfer the administrative and operational powers and functions of the commis sion to the department of transportation under this charter.
Section 4-628. Reserved.
Section. 4-629. Columbus building authority. The Columbus and Muscogee County building commission created by an amendment to Article VII, Section VI, Paragraph I of the Constitution of Georgia of 1945, as amended and ratified at the general election held on November 5, 1968 (Ga. L. 1966, p, 946), is hereby redesignated as the Columbus build ing authority which shall continue its operations notwithstanding the adoption of this Charter, and said constitutional amendment is hereby continued in unimpaired force and effect; provided, however, that as used in said amendment the term "mayor and commis sioners of the City of Columbus" shall be construed to mean the Council of Columbus, Georgia; the term "commissioners of roads and revenues of Muscogee County" shall mean the Council of Columbus, Georgia; the terms "mayor of the City of Columbus" and "Mus cogee County" shall mean Columbus, Georgia.
ARTICLE V JUDICIAL BRANCH Chapter 1. Superior Court
Section 5-100. Unaffected by Charter. The Superior Court of Muscogee County shall continue its operations without interruption resulting from the adoption of this Charter and nothing herein shall be construed as affecting the status of said court.
Chapter 2. Probate Court
Section 5-200. Unaffected by Charter. The Probate Court of Muscogee County shall continue its operations without interruption resulting from the adoption of this Charter and nothing herein shall be construed as affecting the status of said court.
Chapter 3. State Court
Section 5-300. Redesignation. The city court of Columbus, created by an Act of the General Assembly of Georgia, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as now or hereafter amended, and which by the charter of the consolidated government of Colum bus, Georgia, was named "City Court of Columbus, Georgia," shall be and is hereby desig nated as "State Court of Columbus, Georgia," and wherever the term "City Court of

2454

JOURNAL OF THE HOUSE,

Columbus" shall appear in said Act and all amendatory Acts thereof, it shall be construed to mean the State Court of Columbus, Georgia.
Section 5-301. Laws continued in force; terms construed. Said court, as herein redesignated, shall continue its operation without interruption resulting from the adoption of this Charter and the Act creating said court approved December 20, 1884 (Ga. L. 1884-85, p. 455, et seq.), and all Acts amendatory thereof are hereby continued in unim paired force and effect, except that as used in said Act and any amendments thereof, the terms "City of Columbus" and "County of Muscogee" or "Muscogee County" shall be con strued to mean Columbus, Georgia.
Chapter 4. Municipal Court
Section 5-400. Redesignation. On October 5, 1971, the municipal court of the City of Columbus, created by an Act of the General Assembly of Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as now or hereafter amended, shall be redesignated as the municipal court of Columbus, Georgia, so that wherever the term "Municipal Court of Columbus" shall appear in said Act and all amendatory Acts thereof, it shall be construed to mean the municipal court of Columbus, Georgia.
Section 5-401. Laws continued in force; terms construed. Except as otherwise provided by this Charter, the municipal court as herein redesignated shall continue its operation without interruption resulting from the adoption of this Charter and said Act creating said court (Ga. L. 1915, p. 63) and all amendatory Acts thereof are hereby continued in unim paired force and effect. As used in said Act and all amendatory Acts thereof the terms "City of Columbus" and "County of Muscogee" or "Muscogee County" shall be construed to mean Columbus, Georgia; and the term "commissioners of roads and revenues of Mus cogee County, Georgia" shall be construed to mean the Council of Columbus, Georgia.
Section 5-402. Jurisdiction. (1) The municipal court of Columbus, Georgia shall have jurisdiction throughout the territorial limits of the consolidated government, concurrent with the Superior Court, to try and dispose of all civil cases or proceedings, of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum claimed to be due or the value of the property in dispute does not exceed the sum of $5,000.00, and of which jurisdiction is not now vested by the Constitution and laws of the State of Georgia exclusively in other courts, which jurisdiction shall include, concurrent with the Superior Court, the right and power to try and determine finally all dispossessory warrant and eviction cases, where proper pleadings are filed and returns made to said municipal court of Columbus, Georgia. (2) The criminal jurisdiction of the municipal court of Columbus, Georgia, shall remain as authorized by law prior to the effective date of this Charter.
Chapter 5. Juvenile Court
Section 5-500. Unaffected by Charter; laws continued in force. On the effective date of this Charter, the juvenile court of Muscogee County shall continue its operations with out interruption resulting form the adoption of this Charter. The provisions of an Act of the General Assembly of Georgia, approved February 19, 1951 (Ga. L. 1951, p. 291), as amended, or as may hereafter be amended, or any future act of the General Assembly of Georgia relating to the procedures, powers and jurisdiction of juvenile courts shall apply to the juvenile court of Columbus, Georgia to the extent not in conflict with this Charter. The term "county" as used in said Act, or as may be used in any future such act, shall be construed to include Columbus, Georgia.
Chapter 6. Recorder's Court
Section 5-600. Redesignation; laws continued in force. On October 5, 1971, the mayor's court of the City of Columbus established pursuant to an Act of the General Assembly approved November 29, 1890 (Ga. L. 1890-1891, Vol. Two, p. 489), as amended, and con tinued as the police court of said city by an Act of the General Assembly of Georgia

TUESDAY, MARCH 23, 1993

2455

approved August 5, 1921, (Ga. L. 1921, p. 823), as amended, shall be redesignated as the recorder's court of Columbus, Georgia so that wherever the term "mayor's court" appears in said Act and all amendatory Acts thereof, it shall be construed to mean the recorder's court of Columbus, Georgia. Said court, as herein renamed shall continue its operation without interruption resulting from the adoption of the Charter and except as otherwise provided by this Charter, those provisions of the Act continuing said court (Ga. L. 1921, p. 823), as now or hereafter amended, are hereby continued in unimpaired force and effect. As used in the provisions of said Act continuing said court, the term "mayor's court of the City of Columbus" shall be construed to mean the recorder's court of Columbus, Geor gia; the term "city commission" shall mean the Council of Columbus, Georgia; the term "mayor and council" shall mean Council of Columbus, Georgia; and the term "commission ers" shall mean Council of Columbus, Georgia; and the term "mayor" shall mean mayor of Columbus, Georgia.
Section 5-601. Jurisdiction. The recorder's court shall continue with all the rights, authority, power and jurisdiction now possessed under all present laws applicable to said court; and in addition thereto, the recorder's court shall be and is hereby empowered and authorized and given jurisdiction to accept pleas of guilty or nolo contendere and to impose punishment and penalties provided by laws of the State of Georgia, but not greater than the penalties and punishment the recorder's court may now or hereafter be autho rized to impose for violations of ordinances, in cases involving defendants charged with violating any and all criminal laws of the State of Georgia relating to traffic upon the pub lic roads, streets and highways of this state; violations of the' laws of the State of Georgia contained in Chapter 6 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia; violations of the laws of the State of Georgia requiring the registration and licensing of motor vehicles as required by Chapter 2 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia; and vio lations of laws of the State of Georgia relating to motor vehicle drivers' licenses as con tained in Chapter 5 of Title 40 of the O.C.G.A., as now amended and as hereafter amended by the State of Georgia and all other state laws relating to motor vehicle drivers' licenses; where the penalty for these offenses does not exceed that of the grade of misde meanors, where a preliminary hearing is waived in writing by the accused and a plea of guilty or nolo contendere is entered by the accused in writing. The jurisdiction and powers of the recorder's court shall extend throughout the territory of the consolidated govern ment.
Section 5-602. Appeal bond; trial de novo. Any person or persons found guilty by the recorder upon a plea of not guilty, when charged in violation of an ordinance of the consol idated government, shall have the right of appeal to the city court from the recorder's court in the same manner and under the same procedure as now prescribed by law for such appeals.
Section 5-603. Appointment of recorders and recorders pro tern. On October 5, 1971, any incumbent recorders and recorders pro tern, who were serving as recorders or recorders pro tern, in the former City of Columbus shall continue to serve in that office for a term of four years. Any incumbent recorders or recorders pro tern, shall be eligible for reappointment by the Council of the consolidated government upon the expiration of such term. The Council shall be authorized to appoint such recorders or recorders pro tern, for a term of four years, as they deem necessary to efficiently conduct the duties of the recorder's court.
Section 5-604. Term; qualification; compensation. The term of office of recorders and recorders pro tern, shall be four years and until a successor is appointed and qualified. A recorder or recorder pro tem. shall be not less than 30 years of age, an active member of the State Bar of Georgia in good standing, a resident of the territory of the consolidated government, and shall have practiced law for a period of not less than five years prior to the commencement of the duties of office. Compensation of the recorders and recorders pro tem. shall be fixed by the Council.

2456

JOURNAL OF THE HOUSE,

Section 5-605. Rules; procedures; personnel. The council shall, by ordinance, fix rules and regulations governing the time, place, and number of sessions of the court. The court shall have a clerk and one or more clerks pro tempore who shall prepare the court dockets, maintain all court records, and serve as the court's chief administrative officer.
ARTICLE VI ELECTION AND RECALL Chapter 1. Representation: General Provisions
Section 6-100. Regular elections; time for holding voting. (1) The regular election of the consolidated government shall be held on the Tuesday next following the first Monday in November in each even-numbered year. Except for spe cial elections to fill vacancies in office, all officers who are required by this charter to be elected shall be elected at the regular election of the consolidated government. (2) The entire electorate of the consolidated government shall be entitled to vote in the elections for mayor and councilors at large. The mayor and councilors at large shall be residents of the consolidated government. Each district councilor shall be a resident of the council district he or she represents and shall be elected only by the voters of the dis trict he or she represents.
Section 6-101. Council districts. (1) For the purpose of electing the district councilors, the territory of the consoli dated government shall be divided into eight council districts as follows:
Council District: 1
MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0007 BRITT VTD: 0008 CARVER (Part) Tract: 0022. Block(s): 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 414, 416 Tract: 0028. Block(s): 301, 302, 303, 304, 305, 306, 405, 406, 501, 502, 503, 504, 505, 506, 601, 602, 603, 604, 801, 802, 803, 805, 806, 808 Tract: 0029.01 Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 114, 115, 116, 117 VTD: 0009 RIGDON VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 221, 222, 223, 224, 225 Tract: 0107.01 Block(s): 117, 119, 120, 134, 201, 202, 203, 204, 205, 208, 209, 210, 212, 213, 215, 216, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230 Tract: 0107.02 Block(s): 113, 114, 115, 116, 117, 118, 119, 136, 137, 201, 202, 221, 222, 223, 224, 225, 226, 228
Council District: 2
MUSCOGEE COUNTY VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD (Part) Tract: 0102.02 Block(s): 103, 109, 110, 139, 140, 141, 142, 149 VTD: 0020 MORNINGSIDE (Part)

TUESDAY, MARCH 23, 1993

2457

Tract: 0102.02 That part of Block 102 which lies west of New Moon Road
VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0035 32B
Council District: 3
MUSCOGEE COUNTY VTD: 0003 EDDY (Part) Tract: 0031. Block(s): 101, 105, 106, 107, 110, 111, 202, 203, 206, 207, 208, 209 Tract: 0034. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0109. Block(s): 901 VTD: 0004 BAKER VTD: 0005 SAINT MARY S (Part) Tract: 0029.02 Block(s): 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120C, 121, 124, 128A, 128B, 130B, 130C, 131 Tract: 0107.03 Block(s): 124, 125, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218 VTD: 0008 CARVER (Part) Tract: 0028. Block(s): 401, 402, 403, 404, 407, 408 Tract: 0029.02 Block(s): 101 VTD: 0010 DIMON (Part) Tract: 0029.01 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229 Tract: 0107.02 Block(s): 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 227, 229, 230
Council District: 4
MUSCOGEE COUNTY VTD: 0005 SAINT MARY S (Part) Tract: 0107.03 Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 219 VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS
Council District: 5
MUSCOGEE COUNTY VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0019 REESE ROAD VTD: 0027 CLUBVIEW (Part) Tract: 0011.

2458

JOURNAL OF THE HOUSE,

Block(s): 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 126, 127, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 303, 304, 318, 319, 320, 321, 322
Council District: 6
MUSCOGEE COUNTY VTD: 0018 BLANCHARD (Part) Tract: 0104.01 Block(s): 101 That part of Block 102 which lies east of New Moon Road Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 112, 115, 116, 117, 118, 119, 120, 121 VTD: 0020 MORNINGSIDE (Part) Tract: 0102.02 Block(s): 101, 102, 104, 105, 106, 107, 108, 111, 112, 113, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 131, 133, 134, 135, 137, 144, 145, 147, 148, 150, 151, 152, 153, 301, 318 Tract: 0104.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 201, 202, 203, 204, 902 VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0034 21A
Council District: 7
MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY (Part) Tract: 0031. Block(s): 102, 103, 104, 108, 109, 112, 113, 201, 204, 205, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 415, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 901, 907 Tract: 0109. Block(s): 101, 102, 103, 104, 105, 106, 107, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 VTD: 0024 NORTH HIGHLAND (Part) Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 310, 31V312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615 VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324

TUESDAY, MARCH 23, 1993

2459

Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414
VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209 Tract: 0018. Block(s): 105
Council District: 8
MUSCOGEE COUNTY VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 306, 307, 308, 309, 401, 402, 403, 407, 408, 411, 414 Tract: 0110. Block(s): 119B, 122 VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413 VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018. Block(s): 106, 113, 114, 201 Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132 VTD: 0027 CLUBVIEW (Part) Tract: 0011. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 302, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 VTD: 0028 BIBB CITY

2460

JOURNAL OF THE HOUSE,

VTD: 0029 JOHNSON VTD: 0030 ARNOLD
(2) For the purposes of this section: (a) 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;
(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) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the cen sus maps for the United States decennial census of 1990 for the State of Georgia shall control;
(d) Any part of the consolidated government which is not included in any council district described in this section shall be included within that council 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
(e) Any part of the consolidated government which is described in this section as being included in a particular council district shall nevertheless not be included within such council district if such part is not contiguous to such council district. Such non contiguous part shall instead be included within that council district contiguous to such part which contains the least population according to the United States decen nial census of 1990 for the State of Georgia. (3) (a) At the regular election in 1994, the mayor shall be elected and the members shall be elected to the council from Council Districts 1, 3, 5, and 7 and the at-large member shall be elected to Post 9. From the commencement of their terms of office as provided in subsection (2) of Section 3-100 and until the expiration of the terms of members elected to the council in 1992, the council shall consist of the five mem bers elected at the 1994 regular election as provided in this paragraph and the five members elected to the council in 1992 or any successor to such a member who is fill ing a vacancy for an unexpired term.
(b) At the regular election in 1996, members shall be elected to the council from Council Districts 2, 4, 6, and 8 and the at-large member shall be elected to Post 10. From the commencement of their terms of office as provided in subsection (2) of Sec tion 3-100 and thereafter, the council shall consist of eight district councilors and two councilors at large.
(c) The mayor and the members elected to the council as provided for in para graphs (a) and (b) of this subsection and their respective successors shall be elected at the general election held immediately preceding the expiration of their respective terms of office.
Section 6-102. Reapportionment of council districts. (1) The grand jury shall, after each official United States decennial census, nominate four qualified voters from each of the eight council districts as nominees to comprise a dis tricting commission. The mayor and the Council shall each appoint one member of the dis tricting commission from the nominees submitted by the grand jury for each council district. The voters chosen shall neither hold any elective office nor be employed by the consolidated government in any capacity. In the event of vacancy in office of a member of the commission for any cause, the vacancy shall be filled in the manner for original appointment. The Judge of Probate Court shall be an ex officio member of the districting commission, with the same voting rights, privileges and duties as other members thereof. (2) Within six months after the publication of each federal census of population of Columbus, Georgia, the districting commission shall file with the Council a report contain ing a recommended plan for reapportionment of the council district boundaries to comply with the following specifications:

TUESDAY, MARCH 23, 1993

2461

(a) Each district shall be formed of contiguous, and to the extent reasonably possi ble, compact territory, and its boundary lines shall be the center lines of streets or other well-defined boundaries; and
(b) Each district shall contain as nearly as is reasonable the same population. The report shall include a map and description of the districts recommended and shall be drafted as a proposed ordinance. Once filed with the clerk, the report shall be treated as an ordinance introduced by a Council member.
(3) The procedure for the Council's consideration of the report shall be the same as for other ordinances, provided that the provisions of Section 3-206 of this Charter pertain ing to publications shall require both the map and the description of the recommended districts to be published.
(4) The Council shall enact a redistricting ordinance within six months after receiv ing such report. If the Council fails to enact a redistricting ordinance with said six months, the redistricting plan submitted by the districting commission shall become effective with out enactment by the Council, as if it were a duly enacted ordinance.
(5) Such redistricting ordinance shall not apply to any primary or regular or special election held within six months after its becoming effective. No incumbent councilor or member of a board or commission shall be deprived of his or her unexpired term of office because of such redistricting.
Chapter 2. Conduct of Elections
Section 6-200. Applicability of general laws. Except as otherwise provided by this charter, regular and special primaries and elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as amended. As used in said Code, the terms "election" and "general election" shall be con strued to include the term "regular election" as provided in Section 6-100 of this charter; the term "governing authority" shall include the Council of Columbus, Georgia; the terms "municipal," "municipality," or "county" shall include Columbus, Georgia; the term "pub lic office" shall include elective offices of the consolidated government.
Section 6-201. Special elections. In the event the office of mayor or councilor shall become vacant for any cause whatsoever, then such vacancy shall be filled in the manner provided for in this section. If a vacancy occurs within one and one-half years after the date of a regular election for the office of mayor or councilor, then the board of elections shall, within ten days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice in one or more newspa pers of general circulation in Columbus, Georgia. If vacancy occurs more than one and one-half years after the date of a regular election for the office of mayor or councilor, then a person shall be appointed by a majority vote of the total membership of the council to serve until a successor is elected and qualified at a special election held concurrently with the next regular election for the office of mayor or councilor. The successor elected at such special election shall serve the remainder of the unexpired term of such office. The special election required herein shall be held on the date specified in the advertisement, but not less than 30 days nor more than 45 days after the publication of the call of the election. In all other respects, every special election shall be held and conducted in accordance with those provisions of the applicable laws of Georgia as provided in Section 6-200 of this Charter.
Section 6-202. Automatic recount. Whenever the difference between the number of votes received by a candidate who has been declared elected to an office in a regular or special election and the number of votes received by any other candidate or candidates not declared so elected shall be not more than 1 percent of the total votes which were cast for such office therein, the board of elections shall order a recount of such votes to be made forthwith unless such other candidate or candidates shall waive a recount in writing.
Chapter 3. Recall Elections. Reserved. Chapter 4. Initiative and Referendum
Section 6-400. Petition for enactment; circulation; etc.

2462

JOURNAL OF THE HOUSE,

(1) Any proposed ordinances, including ordinances for the repeal or amendment of any ordinance then in effect, may be submitted to the Council by petition signed by at least 5 percent of the total number of registered voters in the consolidated government as shown by the official registration list filed for the regular election of councilors last held. All petitions circulated with respect to any proposed ordinance shall be uniform in charac ter, shall contain the proposed ordinance in full, and shall have printed or written thereon the names and addresses of at least five qualified voters who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purpose hereinafter named. Each signer of a petition shall sign his or her name in ink or indelible pencil and shall place on the petition opposite his or her name the date of his or her signa ture and his or her place of residence by street and number. The signatures of any such petition need not all be appended to one paper, but to each paper there shall be attached an affidavit by the circulator thereof stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be and that it was made in the presence of the affiant on the date indicated.
(2) All papers comprising a petition shall be assembled and filed with the clerk as one instrument within 60 days from the date of the first signature thereon; and when so filed, the clerk shall submit the same to the Council at its next regular meeting and provi sions shall be made for public hearings upon the proposed ordinance.
(3) The Council shall at once proceed to consider such petition and shall take final action thereon within 30 days from the date of submission. If the Council rejects the pro posed ordinance, or passes it in a different form from that set forth in the petition, or fails to act finally upon it within the time stated, then, if within five days thereafter the com
mittee of the petitioners files with the clerk written demand so to do, the clerk shall at once upon the expiration of said five days cause three printed or typewritten copies of
such petition, without the signatures, to be made. The clerk shall cause said three copies of such petition to be placed on file in the clerk's office, and provide facilities for their signing the same, and shall immediately cause notice of the placing of such copies of such
petition to be published in some newspaper of general circulation in Columbus, Georgia. Such copies shall remain on file in the office of the clerk for a period of 20 days, during
which time any of them may be signed by a qualified voter of the consolidated government in person, but not by agent or attorney. Each signer of any such copy shall sign his or
her name in ink or indelible pencil and shall place thereafter his or her residence by street and number. If during said time qualified voters equal to or exceeding 25 percent of the qualified voters in the consolidated government as shown by the official registration list
filed for the regular election of councilors last held shall sign such copies of said petition, the clerk shall forthwith certify such fact to the Council.
(4) If an election is to be held not more than three months nor less than 30 days after the aforesaid certification by the clerk, such proposed ordinance shall be submitted
to a vote of the qualified voters at such election. If no election is to be held within the time aforesaid, the Council shall provide for submitting the proposed ordinance to the qualified voters at a special election to be held not later than 60 days nor earlier than 30
days after the publication of such notice on a date authorized under Code Section 21-2-540 of the O.C.G.A., if the petition for such ordinances and the petition for such election so demand, and if the signers of the said copies of said petition amount in the aggregate to
at least 30 percent of the registered voters of the consolidated government; otherwise the same shall be submitted at the next regular or special election. At least ten days before
any such election the clerk shall cause such proposed ordinance to be published. (5) The ballots used when voting upon any such proposed ordinance shall state the
title of the ordinance to be voted on and below it the two propositions, "For the Ordi
nance" and "Against the Ordinance," and those voting against the ordinance shall draw a mark through the words "For the Ordinance". If a majority of the qualified voters voting
on any such proposed ordinance shall vote in favor thereof, it shall thereupon become an ordinance of the consolidated government.
Section 6-401. Approval of ordinance form; drafting. Before any ordinance so proposed shall be submitted to the Council, it shall first be approved as to its form and legal valid
ity by the city attorney, whose duty it shall be to draft such proposed ordinance in the

TUESDAY, MARCH 23, 1993

2463

proper legal language and to render such other service to persons desiring to propose such ordinances as shall be necessary to make the same proper for consideration of the Council.
Section 6-402. Effect; manner of repealing. No ordinance adopted by an electoral vote as hereinbefore provided can be repealed or amended except by an electoral vote. But an ordinance to repeal or amend any such ordinances may, by resolution of the Council, be submitted to an electoral vote at any regular election, or at any special election called for some other purpose, provided notice of the intention so to do be published by the Council not more than 60 days nor less than 30 days prior to such election. If an amendment is proposed such notice shall contain the proposed amendment in full. Such submission shall be in the same manner and the vote shall have the same effect as in cases of ordinances submitted to an election by popular petition.
Section 6-403. Repeal by referendum; petition; contents; filing. (1) If, at any time within 30 days after an ordinance passed by the Council becomes law, an unsigned petition requesting that such ordinance be repealed or amended as stated in the petition is filed with the clerk, and said petition after the filing of the same and within said 30 days, is signed by qualified voters amounting to or exceeding 25 percent of the qualified voters as shown by the official registration list filed for the regular election of councilors last held, the clerk shall thereupon certify said fact to the Council, and the ordinance shall no longer be operative until the steps indicated herein have been taken. Such petition shall have stated therein the names and addresses of at least five qualified voters as a committee to represent the petitioners. Referendum petitions need not contain the text of the ordinance or ordinances the repeal of which is sought, but shall contain the proposed amendment, if an amendment is demanded, and shall be subject in all other respects to the requirements for petitions submitting proposed ordinances to the Council. Ballots used in referendum elections shall conform in all respects to those provided for in Section 6-400(5) herein. (2) At the next meeting of the Council after said certification by the clerk, the Coun cil shall proceed to reconsider the ordinance. If within 30 days after the date of such certi fication by the clerk, the ordinance is not repealed or amended as requested, the Council shall provide for submitting the proposed repeal or amendment to a vote of the qualified voters, provided a majority of the committee named in the petition to represent the peti tioners shall, by writing filed with the clerk within 20 days after the expiration of said 30 days, so require. In so doing the Council shall be governed by the provisions of Section 6-400(4) herein respecting the time of submission and the manner of voting on ordinances proposed to the Council by petition. If, when submitted to a vote of the qualified voters, such repeal or amendment is approved by a majority of those voting thereon, it shall thereupon go into effect as an ordinance of the consolidated government; but if any such amendment is clearly separable from the remainder of the ordinance and does not materi ally affect the other provisions of such ordinance, all sections of the ordinance except that sought to be amended and those dependent thereon shall be in effect as though no refer endum of any portion of the ordinance had been contemplated; or if any such amendment or repeal of the ordinance is not approved by a majority of those voting therein, then the ordinance passed by the Council shall at once take effect. (3) Ordinances submitted to the Council by initiative petition and passed by the Council without change or passed in an amended form and not required to be submitted to a vote of the qualified voters by the committee of the petitioners shall be subject to the referendum in the same manner as other ordinances. If the provisions of two or more ordinances adopted or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall prevail.
Section 6-404. Expenditure measures; action before election. In case a petition be filed requiring that a measure passed by the Council providing for an expenditure of money, a bond issue, or a public improvement be submitted to a vote of the qualified voters, all steps preliminary to such actual expenditures, actual issue of bonds, or actual execution of contract for such improvement may be taken prior to the election.

2464

JOURNAL OF THE HOUSE,

Chapter 5. Removal of Mayor or Councilor
Section 6-500. Grounds of removal. The mayor or any councilor shall be subject to removal from any office for any one or more of the following causes:
(a) Incompetence, misfeasance or malfeasance in office; (b) Conviction of a crime involving moral turpitude or a crime punishable as a fel ony; (c) Failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (d) Violation of the Code of Ethics and Prohibited Practices provided in Appendix Two hereof which is hereby made a part of this Charter; (e) Abandonment of office or neglect to perform the duties thereof; or (f) Failure for any other cause to perform the duties of office as required by this Charter or by law.
Section 6-501. Procedure for removal. Removal of an elected officer provided for in this Chapter from office may be accomplished by one of the following methods:
(a) By affirmative vote of eight members of the Council. In the event an elected officer is sought to be removed by the action of the Council, such officer shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal form the decision of the Council to the superior court for a jury trial de novo. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
(b) By an information filed in the superior court as authorized by Code Section 9-6-64 of the O.C.G.A., as amended.
ARTICLE VII REVENUE AND FINANCIAL ADMINISTRATION
Chapter 1. Revenue and Appropriations
Section 7-100. Levy and collection of taxes; appropriations. (1) The Council shall have full power and authority to levy and collect taxes, license fees or other charges and to appropriate funds for any and all purposes and upon any and all subjects of taxation, license fees and other charges for which the City of Columbus or Muscogee County has previously been authorized to levy and collect taxes, license fees and other charges and to so appropriate funds for any and all purposes under the Constitution and laws of the State of Georgia, under any present general or special law of the State of Georgia specifically applicable to the City of Columbus or Muscogee County, or under any general law or any special law specifically applicable to the consolidated government which may be hereafter enacted, as well as the power to levy and collect taxes, license fees and other charges and appropriate funds for any of the powers, duties, obligations, liabili ties and functions specified in this Charter. (2) In addition thereto, the Council shall have full power and authority to assess, charge, and collect rentals, interests, fees, penalties, fines, and costs; to assess and collect fees, charges and tolls for sewer and water services under such rules and regulations as prescribed by ordinance; to levy and collect the garbage, trash, refuse and rubbish collec tion service charges and sanitary taxes under such rules and regulations as prescribed by ordinance; to collect income on investments and to accept funds, services or property from other political subdivisions and public agencies, either local, state or national, and from private persons, firms or corporations.
Section 7-101. Tax and service districts; taxation therein. (1) The general services district as defined and authorized in Article I, Section 1-103(2) of this Charter shall constitute a general services tax district wherein the Council shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions and services provided therein by the consolidated government.

TUESDAY, MARCH 23, 1993

2465

(2) The urban services district as authorized in Article I, Section 1-103(2) of this Charter together with any enlargement or modification thereof pursuant to the provisions of this Charter, and any additional urban services districts as established or modified by ordinance of the Council shall constitute urban services tax districts wherein the Council may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions and additional services provided therein by the consolidated government.
(3) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the consolidated government; pro vided, however, the rate and manner of additional taxation in urban services districts may vary in any urban services tax district from that in another or other urban services tax districts in such a way as to reasonably reflect the kind, character, type, degree and level of services afforded to such urban services taxing district or districts.
Section 7-102. Millage limitation. (1) As used in this section, the term "ordinary current expenses" means all current expenses, excepting only expenditures for education, for paving or macadamizing streets, and for payment of the prinicipal and interest of the public debt, which shall be known as extraordinary expenses. (2) For the purpose of paying the ordinary current expenses of the consolidated gov ernment, the Council is hereby empowered and authorized to levy and collect an ad valo rem tax upon all property within said government subject to taxation, not to exceed 18 mills upon the assessed value of said property for the year 1971, and 18 mills upon the assessed value of said property for each year thereafter; provided, however, that this limi tation shall not be deemed to apply to an additional ad valorem tax for hospital purposes as authorized by an Act of the General Assembly, approved February 17, 1949, (Ga. L. 1949, p. 801), as now or hereafter amended, nor to any tax to which such limitation is not applicable under the law. In the event that a local option sales and use tax is enacted by the Council of Columbus, Georgia, said 18 mills limitation shall be reduced to nine mills for the year following the initial year in which the sales and use tax is enacted and for each year thereafter.
Section 7-103. Homestead exemptions. (1) The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within the territory of the consolidated government as defined in Arti cle I, Section 1-102 of this Charter; provided however, that such homestead exemptions (except for persons 65 years of age or older) shall not apply to taxes levied for the retire ment of bonds or for the support of the Muscogee County School District. (2) The exemptions authorized by this section include the individual citizen home stead exemption, the disabled veteran homestead exemption, the homestead exemption applying to persons 65 years of age or older and any other homestead and personal prop erty exemptions as now or hereafter authorized by the Georgia Constitution.
Chapter 2. Borrowing and Indebtedness
Section 7-200. Issuance of general obligation bonds. (1) The council shall be authorized to issue and sell general obligation bonds under the provisions of the general laws of the state for any public purpose for the benefit of the consolidated government or any tax district or services district thereof; provided, how ever, that for the purpose of issuing and selling such general obligation bonds, the consoli dated government shall be deemed a county and the provisions of the Constitution and laws of the State of Georgia governing the limitations, terms and procedures for the issu ance and sale of bonds by counties shall apply to the consolidated government unless oth erwise provided by this Charter. (2) All general obligation bonds shall be issued in the name of Columbus, Georgia, and shall be an obligation thereof, and the full faith and credit of the consolidated govern ment shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes. Anything herein to the contrary notwithstanding, the Council shall

2466

JOURNAL OF THE HOUSE,

have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the consolidated government.
Section 7-201. Debt limitation; general obligation bonds. The total general obligation bond indebtedness of the consolidated government payable from ad valorem taxes (includ ing all outstanding general obligation bonds of the former City of Columbus and Muscogee County on October 5, 1971, shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the consolidated government.
Section 7-202. Revenue bonds. The Council is hereby empowered and authorized to issue revenue bonds for the purposes and in the manner now or hereafter provided by Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended.
Section 7-203. Use of bond proceeds. All revenue derived by the consolidated govern ment from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servic ing or retiring such bonds shall be used exclusively for the payment of principal and inter est thereof.
Section 7-204. Allocation of indebtedness. (1) The Council shall establish a debt service fund for the general services district and a debt service fund for each urban services district created by the Council pursuant to Section 1-103 of this Charter for the amortization of general obligation bonds issued for the benefit thereof, including bonds issued prior to October 5, 1971, by the County of Muscogee and the City of Columbus which have been allocated to such districts under the provisions of this section. Such debt service funds shall consist of the cash and securities in the debt service funds for bonds issued by the County of Muscogee and the City of Columbus prior to October 5, 1971, and such funds hereinafter required to be paid into such funds and the interest earned on the investment thereof. The debt service funds for the bonds heretofore issued by the County of Muscogee and the City of Columbus shall be transferred to the debt service fund of the district to which such bonds are allocated by this section. Nothing contained herein, however, shall affect any debt service funds for any revenue bonds or other bonds which are required by the proceedings which authorized such bonds to be maintained as separate and segregated debt service funds for such bonds, and such sinking funds shall be transferred to the consolidated government and segregated and maintained in the manner provided in the proceedings which authorized the issuance of such bonds. (2) All such debt service funds shall be invested in accordance with the applicable provisions of the Constitution and laws of Georgia governing investment of sinking funds of municipalities and counties. (3) The annual tax levy ordinances for the general services district and the urban services districts shall provide, in addition to all other taxes assessed therein, a tax levy sufficient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year. (4) All moneys paid into any debt service fund shall be used exclusively for the pur chase, retirement or payment of the outstanding bonds for which such debt service funds are created and maintained, and the treasurer shall keep a record of all receipts and dis bursements of the debt service funds.
Section 7-205. Other indebtedness. The Council is hereby empowered and authorized to incur other and additional indebtedness in accordance with the provisions of the Consti tution and laws of Georgia relating to temporary loans to meet casual deficiencies of reve nue, additional debt, and temporary loans payable within the year, and related matters.
Section 7-206. Street improvements. Nothing in this Charter shall be construed as affecting the power of the Council to issue bonds for street improvements and otherwise exercise the rights, powers and procedures set forth in an Act approved August 9, 1929 (Ga. L. 1929, p. 979).

TUESDAY, MARCH 23, 1993

2467

Chapter 3. Property Tax Administration
Section 7-300. Assessing and collecting property taxes. (1) The assessment and collection of property taxes by the consolidated government shall be as provided by state law. (2) The Council shall provide by ordinance when taxes levied and imposed by the consolidated government shall become due and payable and when the same shall become delinquent. The Council by ordinance may authorize the payment of taxes due the govern ment in installments, at the option of the taxpayer, and when and how and upon what terms such installments shall be due and payable. The Council may also authorize the pay ment of taxes prior to the time when due. (3) The Council shall provide by ordinance for the manner and method of collecting delinquent taxes due the consolidated government.
Chapter 4. Budgeting
Section 7-400. Fiscal year. The fiscal year of the consolidated government shall begin on the first day of July of each year and shall end on the thirtieth day of June next fol lowing. Said fiscal year shall constitute the budget year and the year for financial account ing and reporting of each and every office, department or institution, agency and activity of the consolidated government, unless otherwise provided by state or federal law.
Section 7-401. Budget preparation and adoption. (1) The Council shall prescribe by ordinance the procedures and requirements for the preparation, adoption and execution of an annual operating budget, a capital improve ment program and a capital budget. Such ordinance shall require the use of program bud geting by the consolidated government. (2) A proposed annual operating and capital budget for the ensuing fiscal year shall be prepared by the city manager to be submitted by the mayor to the Council on or before a date fixed by ordinance, but not less than 60 days prior to the beginning of the fiscal year. Such budgets shall be accompanied by a budget message from the mayor containing explanations of general fiscal policies, explanations of major changes recommended for the next fiscal year, a general summary of the budgets and other information deemed appro priate. Copies of the annual operating and capital budgets shall be filed in the office of the clerk of Council and shall be open to public inspection. A summary of the proposed annual operating and capital budgets shall be published in one or more newspapers of gen eral circulation within the consolidated government. (3) The annual operating and capital budgets shall consist of two parts. Part I of the annual operating and capital budgets shall set forth in detail the revenue, expenditure and program information for those services, functions and capital improvement projects apper taining to the general services district. Part II of the annual operating and capital budgets shall set forth in detail the revenue, expenditure and program information for those ser vices, functions and capital improvements appertaining only to urban services districts. Said Part II of the annual operating and capital budgets shall contain a separate section for each urban services district established pursuant to this Charter and by ordinance of the Council in order to reflect in detail the revenue, expenditure and program information for those additional services, functions and capital improvement projects rendered and fur nished by the consolidated government in each of its urban services districts. (4) Each of the above-described sections of the annual operating budget shall contain with respect to each of the operating funds of the consolidated government to which they are applicable:
(a) An estimate of the unencumbered fund balance or deficit at the beginning of the ensuing fiscal year and the amount of reserves for designated purposes or activi ties includable in the operating budget;
(b) A reasonable estimate of cash revenues to be received during the ensuing fiscal year, classified according to source, including a reasonable reserve for contingencies;
(c) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the

2468

JOURNAL OF THE HOUSE,

ensuing year, and including all debt service requirements in full for such fiscal year payable from such funds;
(d) Work programs and performance data in justification of proposed expenditures for each department, board, commission, office, or agency; and
(e) Such other information as may by considered necessary or desired by the Council. (5) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus of fund balance and appli cable reserves and less any estimated deficit at the end of the current fiscal year. (6) The capital program shall embrace all physical public improvements and any pre liminary studies and surveys relative thereto, the acquisition of property of a permanent nature, and the purchase of equipment for any public improvement when first erected or acquired that are to be financed, in whole or in part, from funds subject to control or appropriation by the Council. It shall show the capital expenditures which are planned for each of the six ensuing fiscal years. For each separate purpose, project, facility, or other property there shall be shown the amount, if any, and the source of the money that has been spent, encumbered, or is intended to be spent or encumbered, prior to the beginning of the ensuing fiscal year and also the amounts and the sources of the money that are intended to be spent during each of the ensuing six years.
Section 7-402. Consideration and adoption of budgets by Council. (1) The Council shall, upon receipt of the proposed budgets, schedule and hold one or more public hearings thereon, notice of which shall be published in a newspaper of gen eral circulation in Columbus, Georgia, at least seven days prior to the date set for such public hearing or hearings. The hearings may be adjourned from time to time. (2) The Council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund bal ance, reserves, and revenues constituting the fund availability of such fund. (3) The Council shall adopt the final annual operating budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effec tive for the fiscal year beginning on July 1. In the event the Council fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the Council shall adopt a budget for the ensuing fiscal year. Adoption of the annual operating budget shall take the form of an appropriation ordinance setting out estimated revenues in detail by source and making appropriations according to fund by organizational unit, purpose or activity as set forth in the budget document. (4) The amount set out in the adopted operating budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencum bered balance of the appropriation, or allotment thereof, to which it is chargeable. (5) The Council may delete projects from the capital program as submitted to it, but it shall not otherwise amend the capital program until it has requested through the mayor the recommendations of the department of community development. The Council shall not be bound by such recommendations and may act without them if they are not received within 30 days from the date they were requested. The Council shall adopt by ordinance the capital improvement program and capital budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The capital budget ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Council and shall be in full conformity with that part of the capital program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital budget ordinance, constitute appropriations of such amounts. The Council may amend the capital budget ordinance but no amendment shall be valid which does not conform to the capital improvement program.

TUESDAY, MARCH 23, 1993

2469

Section 7-403. Levy of property tax. As the next order of business following the adop tion of the operating and capital budgets:
(1) The Council shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this Charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy allowing an amount not less than the previous year's delinquent taxes and other uncollectables, shall be at least sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount of the annual operating budget for defraying the expenses of the general services district for services to be ren dered throughout the entire area of the consolidated government and for such other pur poses, functions and services as may be authorized by the laws of the State of Georgia, by this Charter, or by ordinance.
(2) The Council shall levy by ordinance a separate urban services district tax on all real and personal property within each urban services tax district established by this Charter or created by the Council. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy, allowing an amount not less than the previous year's delinquent taxes and other uncollectables, shall be at least sufficient, together with other anticipated revenues, fund balances, and applica ble reserves, to equal the total amount of the annual operating budget for defraying the expenses of the higher level of additional functions and services to be rendered in each such urban services district.
Section 7-404. Additional appropriations. The Council may make appropriations in addition to those contained in the current operating budget or capital budget, at any regu lar or special meeting called for such purpose.
Section 7-405. Post audit. (1) The Council shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the consolidated government and of its every office, department, board, authority, commission or agency. The audit shall be made by an accountant or an accounting firm, the members of which have no pecuniary, personal interest, direct or indirect, in the fiscal affairs of the consolidated government or of its departments, offices, boards, commissions or agencies. The designated accountant shall be a certified public accountant or, if an accounting firm is employed, the members thereof shall be so certified and thoroughly qualified by training and experience in governmental accounting to perform the audit. (2) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year and in no event later than four months after the close of the fiscal year. The audit report shall be available to the public. (3) The Council may at any time order an examination or special audit of any office, department, board, commission, or other agency of the consolidated government.
Chapter 5. Procurement and Disposition of Property
Section 7-500. Contracting procedures. The Council shall prescribe by ordinance rules and regulations to be followed in the making of contracts in order to bind the consolidated government. All contracts and all ordinances or resolutions which make or authorize con tracts shall be approved by the city attorney. Except where otherwise provided by law or by ordinance, all contracts of the consolidated government shall be signed by the mayor or by some person designated by him or her with the approval of the Council and shall be authenticated by the clerk of Council.
Section 7-501. Sale and disposition of property. (1) The Council shall be authorized to sell any real or personal property owned or held by the consolidated government for governmental or other public purposes under such rules and regulations as the Council may establish; provided, however, any public utility owned by the consolidated government may only be sold when such sale has been approved by a majority vote of the electors of Columbus, Georgia, voting in a regular or

2470

JOURNAL OF THE HOUSE,

in a special election called for such purpose. Except as otherwise provided by this Charter, any sale of real property shall be made only after the receipt of sealed bids and due adver tisement of such sale in a newspaper of general circulation in Columbus, Georgia, once a week for a period of two weeks preceding the date at which such sale is to be made. All sales of real property shall be subject to confirmation by the Council.
(2) The Council is empowered to authorize the following transactions: (a) A transfer of any real or personal property owned by the consolidated govern
ment to another governmental entity upon a finding that such transfer is in the public interest;
(b) A sale of any such property to another governmental entity; and (c) An exchange of such property for property that is owned either privately or by some other governmental entity. In each such instance, when the property is sold or exchanged or transferred, a statement shall be published in a newspaper of general circulation in Columbus, Georgia, on each Monday of the two weeks which precede the week in which such transaction is to be con cluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property. (3) The consolidated government may quitclaim any rights it may have in property not needed for public purposes, upon a report by the mayor and the adoption of a resolu tion by the Council finding that the property is not needed for public purposes and that the interest of the consolidated government therein has no appreciable monetary value. (4) Whenever in opening, extending or widening any street, avenue, alley or public place of Columbus, Georgia, a small parcel or tract of land is cut off and is not needed by the consolidated government, the Council may authorize the execution and delivery in the name of the consolidated government of a deed conveying said cut-off or separate par cel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way in said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owners or for other considera tion.
ARTICLE VIII GENERAL PROVISIONS Chapter 1. County Officers and Agencies
Section 8-100. Sheriff. The sheriff of Muscogee County in office on October 5, 1971, and his or her successors in office shall be the sheriff of the consolidated government. The sheriff shall serve for the same term and his or her compensation shall be fixed as hereto fore provided by law. Subsequent elections for sheriff shall be upon the same basis as pro vided by law for sheriffs generally. The sheriff shall perform the same duties and exercise the same powers as are conferred upon sheriffs generally by the Constitution and laws of Georgia. Nothing in this Charter shall be construed so as to affect the eligibility of the sheriff or sheriffs deputies for membership in the Peace Officers' Annuity and Benefit Fund. In addition to the powers and duties conferred upon the sheriff by law, the sheriff of the consolidated government shall be authorized to maintain a crime prevention unit independent of any such unit or activity maintained or provided by the department of public safety.
Section 8-101. Judge of Probate Court. The Judge of Probate Court of Muscogee County in office on October 5, 1971, and his or her successors in office shall be the Judge of Probate Court of the consolidated government. He or she shall serve for the same term and his or her compensation shall be fixed as heretofore provided by law. Subsequent elec tions for Judge of Probate Court shall be upon the same basis as provided by law for Judges of Probate Court generally. The Judge of Probate Court shall perform the same duties and exercise the same powers as conferred upon Judges of Probate Court generally by the Constitution and laws of Georgia.
Section 8-102. Tax commissioner. The tax commissioner of Muscogee County in office on October 5, 1971, and his or her successors in office shall be the tax commissioner of

TUESDAY, MARCH 23, 1993

2471

the consolidated government. The tax commissioner's election, term of office and compen sation shall be as provided by an Act of the General Assembly of Georgia, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended. The tax commissioner shall collect all ad valo rem taxes and all intangible taxes and shall perform the same duties and exercise the same powers as are conferred upon county tax receivers and county tax collectors by the laws of Georgia not in conflict with this Charter and such other or additional duties and powers as may be prescribed by ordinance of the Council.
Section 8-103. Coroner. The office of coroner of Muscogee County shall continue as an office of the consolidated government until such time as it may be discontinued or abolished by the Council in accordance with the provisions of this section, and all laws applicable thereto shall continue in full force and effect until such date. On October 5, 1971, the incumbent coroner of Muscogee County shall be the coroner of the consolidated government and his or her election, term of office and compensation shall be as provided by law. At any time following the adoption of this Charter, but not less than 12 months prior to the expiration of the term of office of the then incumbent coroner, the Council shall be authorized by ordinance to provide for the creation and establishment of a medi cal examiner system in the consolidated government to become effective and operative upon the expiration of such term of office at which time the office of coroner shall stand abolished and all emoluments appertaining thereto shall cease. Such system shall have the power to perform the same duties and exercise the same powers as are conferred upon cor oners generally by the laws of Georgia. Said ordinance shall specify such other powers, duties and functions as may be required for establishing a medical examiner system within the consolidated government, including the manner of appointment of a chief medical examiner as head of the medical examiner system and provision for offices, facilities, labo ratories, personnel and finances.
Section 8-104. County agencies. The grand juries in and for Muscogee County, the Superior Court for Muscogee County, the City Court of Columbus, the Probate Court, the Municipal Court of Columbus, the Juvenile Court of Muscogee County, the Muscogee County department of public health, and the Muscogee County department of family and children services shall continue to function, unaffected except as redesignated by this Charter. The personnel of those bodies shall be selected as heretofore selected, and those officials heretofore elected by the people shall hereafter be so elected. Nothing herein con tained shall be construed as altering the status of the Muscogee County School District; provided, however, that the Muscogee County school board shall consist of fifteen mem bers who shall be residents of the consolidated government. Such courts, boards, person nel, officers and officials shall continue to occupy the same status with respect to the consolidated government in the same position as previously occupied with respect to Mus cogee County. Similarly, the Council shall succeed to such rights, duties and obligations with regard to such courts, boards, officers, offices and agencies and the employed person nel thereof as heretofore possessed by either the board of commissioners of Muscogee County or the mayor and city commission of the City of Columbus, or both, specifically including but not limited to any right and authority to name and designate personnel.
Section 8-105. Budgets of county officers and agencies. All elective officers such as the sheriff, tax commissioner, Judge of Probate Court, coroner and other elective officers, and all agencies not under the direct control and jurisdiction of the Council such as the board of health and board of family and children services, which receive appropriations from the Council, shall prior to the commencement of each fiscal year prepare and submit to the city manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests shall be incorporated into the overall consolidated government bud get for submission by the mayor to the Council. The Council shall grant a hearing to any such officer or agency on such proposed budgets.
Chapter 2. Laws Applicable to Consolidated Government
Section 8-200. Application of laws; laws in force.

2472

JOURNAL OF THE HOUSE,

(1) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the consolidated government. Except as provided in Chapter 4 of this Article with regard to Charter amendments, the Constitution and general laws of the State of Georgia relating to the jurisdiction, powers, authority, duties, and responsi bilities of or otherwise referring to, municipal corporations or counties, or both, which are not in conflict herewith shall be applicable to the consolidated government. General laws of local application through classification by population, not in conflict with this Charter:
(a) Which on October 5, 1971, apply to the City of Columbus and Muscogee County shall be applicable to the consolidated government;
(b) Which apply to the consolidated government, as either a city or a county at the time of their enactment or thereafter shall be effective; but
(c) Which did not apply to the City of Columbus or Muscogee County or the con solidated government at the time of their enactment shall not become applicable to the consolidated government except through the adoption of a resolution to that effect by the Council. (2) In construing the applicability of provisions of the Constitution of Georgia and the general laws of the State of Georgia which apply in general terms to either counties or municipalities or both, the following terms as used in such laws shall be construed to include the consolidated government as follows:
(a) "County" shall be construed to include Columbus, Georgia. (b) "City," "town," "municipal corporation" or "municipality" shall be construed to include Columbus, Georgia. (c) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the Council of Columbus, Georgia. (d) "Council," "mayor and council," "aldermen" and "board of aldermen" shall be construed to include the Council of Columbus, Georgia. (e) "Chairman of the commissioners of roads and revenues," "chairman of the board of county commissioners," and "mayor" shall be construed to include the mayor of Columbus, Georgia. (f) Any other terms and provisions as used in such laws to refer specifically to counties, municipalities, or both and the officers, employees, departments and agencies thereof shall be construed to include Columbus, Georgia, and its officers, employees, departments and agencies. (3) Local Acts of the State of Georgia which apply specifically to either Muscogee County, the City of Columbus, or both, shall be applicable to the consolidated government. In construing the applicability of local Acts of the State of Georgia which apply specifi cally to either Muscogee County, the City of Columbus, or both, the following terms as used in such Acts shall be construed to mean the consolidated government as follows: (a) "Muscogee County," "Town of Columbus" and "City of Columbus" shall be
construed to mean Columbus, Georgia. (b) "Commissioners of roads and revenues," "board of county commissioners" and
"city commission" shall be construed to mean Council of Columbus, Georgia.
(c) "Chairman of the commissioners of roads and revenues," "chairman of the board of county commissioners" and "mayor" shall be construed to mean mayor of
Columbus, Georgia. (d) Any other terms and provisions as used in such Acts to refer specifically to
Muscogee County, the City of Columbus, or both and the officers, employees, depart ments and agencies thereof shall be construed to mean Columbus, Georgia, and its officers, employees, departments and agencies.
(4) In construing the applicability of laws in force to the consolidated government, the following order shall prevail:
(a) The Constitution of the State of Georgia, as amended by a constitutional amendment ratified at the general election held on November 5, 1968.
(b) An Act of the General Assembly approved April 23, 1969 (Ga. L. 1969, p. 3356).
(c) The general laws of uniform application now in force or hereafter enacted by the General Assembly (as distinguished from general laws of local application through

TUESDAY, MARCH 23, 1993

2473

classification by population) applicable to municipal corporations, or counties, or both, not in conflict with this Charter.
(d) Special laws applicable to the former City of Columbus or Muscogee County, or both, not in conflict herewith.
(e) The general laws of local application through classification by population as and to the extent provided in Section 8-200(1) hereof.
(f) This Charter and all ordinances passed pursuant thereto. (g) Existing ordinances of the former City of Columbus and existing resolutions of the former County of Muscogee not in conflict with this Charter.
Section 8-201. Limitation of claims and service. (1) All claims contractual against the consolidated government must be presented within 12 months after they accrue or become payable or the same are claimed, unless held by minors or other persons laboring under disabilities who are allowed 12 months after the removal of such disability. (2) Service on the consolidated government of any suit, process or order of court shall be served upon the mayor.
Section 8-202. Tort liability. The tort liability, expressly including liability based on a theory of nuisance, of the consolidated government shall be the tort liability applicable to counties. Such tort liability shall be uniform throughout the territorial limits of the con solidated government.
Section 8-203. Conflict of laws. For purposes of all applicable laws, the consolidated government shall constitute a municipality and a county or both. If a law applicable to municipalities and the same or another law applicable to counties are in conflict, the urban services district shall be considered a municipality and the general services district shall be considered a county.
Section 8-204. Executions. Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this Charter which is required to be collected by the department of finance and such is not paid within the time period specified by the Council and no specific provision is elsewhere provided in this Charter for its collection, then the director of the department of finance shall issue execution in the name of the consolidated government against such person, firm or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date, and penalties and costs, and the consolidated government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the pur chaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the tax commissioner and levy and sale thereunder shall be governed by general law.
Section 8-205. Authority to deal with federal and state agencies. Subject to the provi sions of this Charter, the consolidated government shall have the power and authority to participate in, cooperate in and take all necessary action with respect to any and all projects, programs and undertakings of any nature whatsoever authorized by any statute, rule or regulation of the United States or the State of Georgia, or any federal or state agency or instrumentality, including but not limited to, urban renewal, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sew ers and sewage disposal, public housing, housing for the aged, transportation or mass tran sit or any phase thereof and ecology and environment or any aspect thereof; to borrow money and issue promissory notes, general obligation bonds or revenue bonds, or a combi nation thereof, for any such purpose; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the consolidated government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.
Section 8-206. Federal and state aid. (1) The consolidated government shall be deemed a county and shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and

2474

JOURNAL OF THE HOUSE,

for the purpose of receiving state aid or grants-in-aid from the State of Georgia or from the United States or from any other agency or instrumentality thereof or from any other source, public or private. The consolidated government shall be entitled to receive and shall receive as state aid or as grants-in-aid from the State of Georgia under any state law or from the United States under any federal law or from any other agency or instrumen tality thereof or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled and also all funds to which an incorporated city or munici pality is, or may hereafter be, entitled and to receive the same without diminution or loss by reason of consolidation of the County of Muscogee and City of Columbus.
(2) The consolidated government shall be authorized to receive and shall receive all funds which Muscogee County is or may hereafter be entitled to receive from state funds made available by appropriations of the General Assembly to be distributed to the several counties to be used exclusively for the construction and maintenance of the public roads as provided by Code Section 48-14-3 of the O.C.G.A., as amended and as specifically set forth in an Act of the General Assembly of Georgia, approved March 8, 1945, (Ga. L. 1945, p. 316), and the provisions of such law shall apply in full force and effect to the consoli dated government. The consolidated government shall be authorized to receive and shall receive all state funds which Muscogee County is or may hereafter be entitled to receive as grants to counties appropriated as a part of the highway department appropriation des ignated as follows: "for grants to counties for aid in county road construction and mainte nance," as initially authorized by an Act of the General Assembly of Georgia, approved February 21, 1951 (Ga. L. 1951, p. 428), and hereafter all such Acts providing for grants to counties which are appropriated as a part of the highway department appropriation des ignation: "for grants to counties for aid in county road construction and maintenance", shall apply in full force and effect to the consolidated government. The consolidated gov ernment shall be authorized to receive and shall receive all funds which Muscogee County is or may hereafter be entitled to receive from state funds made available by law and dis tributed to the governing authorities of counties of this state to be expended for any pub lic purposes as authorized by Article 1 of Chapter 17 of Title 36 of the O.C.G.A., as amended, or by any future laws for the purposes set out in Code Section 36-17-1 of the O.C.G.A., as amended, and the provisions of said article or any future such general laws shall apply in full force and effect to the consolidated government.
(3) The consolidated government shall be authorized to receive and shall receive all funds which the City of Columbus is or may hereafter be entitled to receive as grants to certain incorporated municipalities under the provisions of Article 3 of Chapter 40 of Title 36 of the O.C.G.A., as amended, and the provisions of said article, as amended, shall apply in full force and effect to the consolidated government. When state aid or other grants-inaid is distributed to any incorporated municipality on the basis of population which the City of Columbus would hereafter be entitled to receive under any state or federal law fol lowing the United States decennial census of 1970 or any future such census, then the total population of the urban services district or districts shall be used in calculating and determining the basis of the distribution of such funds to the consolidated government.
(4) The consolidated government shall be authorized to receive and shall receive all funds which the City of Columbus is or may hereafter be entitled to receive as grants to certain incorporated municipalities to be used for any public purposes under the provisions of Article 2 of Chapter 40 of Title 36 of the O.C.G.A., as amended, and the provisions of said article shall apply in full force and effect in the consolidated government. When state aid or other grants-in-aid is distributed to any incorporated municipality on the basis of population which the City of Columbus would hereafter be entitled to receive under any state or federal law following the United States decennial census of 1970 or any future such census, then the total population of the urban services district or districts shall be used in calculating and determining the basis of the distribution of such funds to the con solidated government.
Chapter 3. Pensions and Personnel
Section 8-300. Existing pension rights protected.

TUESDAY, MARCH 23, 1993

2475

(1) Persons who, on October 5, 1971, are employed by any office, department, board, commission or agency of the former City of Columbus shall retain all rights which have accrued to them under the "Employees' Retirement Fund," established pursuant to an Act of the General Assembly of Georgia, approved February 21, 1951 (Ga. L. 1951, p. 2790), as amended. Pending the establishment of a new pension system as hereinafter provided in Section 8-301, the consolidated government shall continue in force and effect the said employees' retirement fund for city employees covered thereby who are employed by the consolidated government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this Charter.
(2) Persons who, on October 5, 1971, are employed by any office, department, board, commission or agency of the former County of Muscogee shall retain all rights which have accrued to them under the "Muscogee County, Georgia Pension System," established pur suant to an Act of the General Assembly, approved March 9, 1945 (Ga. L. 1945, p. 1100), as amended. Pending the establishment of a new pension system as hereinafter provided in Section 8-301, the consolidated government shall continue in force and effect the said Muscogee County, Georgia, pension system for county employees covered thereby who are employed by the consolidated government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this Charter.
Section 8-301. Establishment of new pension systems; merging of existing systems. The Council is hereby authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desired to be covered thereby and to revise, combine and consolidate any pension system in effect on October 5, 1971, and further, is specifically authorized, whenever Social Security provi sions are legally available to employees or any group of employees of the consolidated gov ernment, to provide for the integration of such Social Security provisions with any existent or new pension system; provided, however, that in no event shall any revision, combination or consolidation of any existing pension system in effect when this Charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Columbus, Muscogee County, or of any agency of such former governments.
Section 8-302. Merit service. (1) All positions in the service of the consolidated government shall be in the merit service except the following:
(a) Officers elected by the people and persons appointed to fill vacancies in elec tive offices;
(b) The members of boards, commissions and authorities; (c) The city manager, city attorney, director of public safety, recorders and record ers pro tern., clerk of Council, and heads and directors of departments; (d) Persons temporarily employed in a professional or scientific capacity or to con duct a special inquiry, investigation, examination or installation; (e) Temporary or part-time employees; and (f) Such other positions as may be excepted by ordinance of the Council. (2) All officers and employees in the merit service shall be governed by and subject to the Code of Ethics and Prohibited Practices set forth in Appendix Two hereof, which appendix is hereby made a part of this Charter.
Section 8-303. Personnel rules and regulations. The department of administration or other agency designated by ordinance of the Council shall prepare and recommend to the city manager such personnel rules and regulations as may be necessary to carry out the provisions of this Charter with respect to persons in the merit service. When approved by the city manager, such rules and regulations shall be submitted to the mayor who shall propose them to the Council for adoption with such changes as he or she deems desirable. The Council may by ordinance adopt them with or without amendment and may amend the same from time to time. The rules and amendments thereof so adopted shall, to the extent that they are consistent with the terms of this Charter, have the force of law. Among other things, they shall provide for the method of holding competitive examina tions; establishment, maintenance, consolidation and cancellation of eligibility lists for the

2476

JOURNAL OF THE HOUSE,

merit service; method of certifying lists for the merit service; method of certifying eligibles for appointment in the merit service; administration of the classification plan and pay plan; methods of promotion and application of service ratings thereto; probationary peri ods of employment; transfers of employees within the classification plan; hours of work, attendance regulations, vacations, sick leave, and other leaves of absence; overtime pay; the order and manner in which layoffs shall be effected; procedure on appeals to the personnel review board from orders of suspension or removal or other disciplinary action; conduct of in-service training programs; and such other matters as may be necessary to provide adequate and systematic handling of the personnel affairs of the consolidated government.
Section 8-304. Classification and pay plan. (1) The department of administration or other agency designated by ordinance of the Council shall prepare and recommend to the city manager a plan of classification and grading for all positions in the classified service according to similarity of authority, duties, and responsibilities. When approved by the city manager such classification plan shall be submitted to the mayor, who shall propose it to the Council for adoption with such changes as he or she deems desirable. The Council may adopt the plan by ordinance with or without amendment. Such plan shall take effect when adopted by the Council or on the thirtieth day after it is submitted to the Council if prior thereto the Council has not disapproved it by resolution. Changes in the classification plan may be recommended from time to time in the same manner as herein provided for original adoption of the plan. (2) The department of administration or other agency designated by ordinance of the Council shall prepare and submit to the city manager a pay plan consisting of a salary range for each class of positions in the classification plan following its adoption. Such pay plan shall provide for regular increments of salary increases within such range to be earned by length of service and satisfactory service ratings. Each such range shall be determined with due regard to the salary ranges for other classes and to the relative difficulty and responsibility of characteristic duties of positions in the class, the minimum qualification required, the prevailing rate paid for similar employment outside the service of the consol idated government, and any other factors that may properly be considered to have a bear ing upon the fairness or adequacy of the range. The city manager shall submit the pay plan to the mayor who shall propose it to the Council for adoption with such changes as he or she deems desirable and such pay plan shall take effect when adopted by the Coun cil or on the thirtieth day after it is submitted if prior thereto the Council has not disap proved it by resolution. The pay plan adopted by the Council shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class of positions. Amendments to the pay schedule may be recommended from time to time in the same manner as herein provided for original adoption of the plan.
Section 8-305. Residence of employees. Except as otherwise provided in this Charter, the Council shall have the power to provide by ordinance from time to time whether the regular, permanent officers and employees of the consolidated government in the merit service must reside within Columbus, Georgia, during their continuance in such office or employment.
Chapter 4. Amending Charter
Section 8-400. Proposal of amendment. Except as provided in subsection (2) hereof: (1) This Charter may be modified, rescinded, changed or amended only by the fol lowing methods:
(a) An Act of the General Assembly of Georgia; (b) An ordinance of the Council duly adopted by the affirmative vote of not fewer than six of its members favoring such amendment and ratification thereof by the affir mative vote of a majority of the qualified electors of the consolidated government vot ing in a referendum election as provided in Section 8-401 hereof; (c) A petition of 10 percent of the electors qualified to vote in the last preceding regular election for offices of the mayor and councilors filed with the clerk of the Council and ratification thereof by the affirmative vote of a majority of the qualified electors of the consolidated government voting in a referendum election as provided

TUESDAY, MARCH 23, 1993

2477

in Section 8-401 hereof. Any petition filed with the clerk of Council under this section shall be validated by the board of elections in the same manner as formerly provided in Section 6-301(3) of this Charter for petitions for recall. (2) Any proposal for an amendment, modification or rescission of this Charter, the effect of which provides for an abolishment of the consolidated government, shall not become effective until approved by a majority of the qualified electors of the consolidated government voting in a referendum election as provided in Section 8-401 and such time as the General Assembly of Georgia has provided for and established a successor govern ment to replace and supersede the consolidated government established by this Charter, and until such event the consolidated government herein created shall continue in full force and effect as if such amendment, modification or rescission had not been adopted.
Section 8-401. Election. When an amendment to this Charter has been properly pro posed, either by ordinance or by petition, the board of elections shall call and conduct a referendum election on a date and in the manner provided for under Code Section 21-2-540 of the O.C.G.A. after the date of the adoption of the ordinance or the validation of the petition, as the case may be, at which the electorate of Columbus, Georgia, will vote to ratify or reject the amendment or amendments proposed; provided, however, if a regular election is to be held not less than 30 nor more than 120 days after the adoption of the resolution or the validation of the petition then such referendum election shall be held at the same time as the regular election. The ballot shall be prepared so as to sufficiently set forth the subject matter of each proposed amendment, numbered as the same is num bered in the resolution of the Council or in the petition, and to provide the voters a choice to vote "For Ratification" and "Against Ratification" of each proposed amendment. Each proposed amendment shall be ratified when a majority of the votes cast at the special ref erendum election shall be in favor of ratification, and each proposed amendment shall be rejected when a majority of said votes shall be against ratification. Said election shall be held in accordance with applicable laws governing elections as provided in Chapter 2 of Article VI of this Charter, and the costs of said election shall be paid out of the general funds of Columbus, Georgia. The Judge of Probate Court shall canvass the returns and certify the results to the Secretary of State of Georgia, who shall issue a proclamation showing the results of said election on the ratification or rejection of each proposed amendment to this Charter. One copy of the proclamation shall be attached to the copy of this Charter previously certified to said Secretary of State, and one copy shall be deliv ered to the clerk of the Council who shall attach the same to the copy of the Charter in his or her custody.
Section 8-402. Limitation. Once a Charter amendment is proposed on a particular sub ject either by ordinance or by valid petition as provided in Section 8-400(1), no amend ment on the same subject shall be proposed by ordinance or petition within 12 months after the referendum election thereon.
Chapter 5. Miscellaneous Provisions
Section 8-500. Fidelity bonds. All officers and employees of the consolidated govern ment both elective and appointive shall execute such official bonds in such amounts and upon such terms and conditions as the law or the Council may from time to time require.
Section 8-501. Existing rights and interests. No provision of this Charter is intended, nor shall be construed, to affect in any way any rights or interests, public or private:
(a) Vested or accrued as of the effective date of the provision, in whole or in part, the validity of which might be sustained or preserved by reference to any provisions of law repealed by this Charter, except any right or interest in any public elective office, not conferred by this Charter.
(b) Derived from, or which might be sustained or preserved in reliance upon, action taken (including the adoption of ordinances or resolutions) pursuant to or within the scope of any provision of law repealed by this Charter.
Section 8-502. Section captions. The captions to the several sections of this Charter are informative only and are not to be construed as a part thereof.

2478

JOURNAL OF THE HOUSE,

Section 8-503. Effect of repeals. No law heretofore repealed, expressly or by implica tion, shall be revived by the repeal herein of the repealing Act, nor by any provision of this Charter that disclaims an intention to repeal or affect enumerated laws.
Section 8-504. Severability clause. In any section, subsection, paragraph, sentence, clause or phrase of this Charter, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this Charter, which shall remain in full force and effect; and to this end the provisions of this Charter and the applications thereof are hereby declared to be severable.
Section 8-505. Repeal of specific law. An Act providing a charter for the county-wide government of Columbus, Georgia, approved October 5, 1971 (Ga. L. 1971, Ex. Sess., p. 2007), as amended, is repealed in its entirety.
Section 8-506. Repeal of conflicting laws. All laws and parts of laws in conflict with this Act are hereby repealed.
ARTICLE IX. RESERVED APPENDIX ONE RESERVED

APPENDIX TWO CODE OF ETHICS AND PROHIBITED PRACTICES
1. Conflict of Interest No elected official, appointed officer or employee of the consolidated government or
any office, department or agency thereof shall knowingly: (a) Engage in any business or transaction or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties;
(b) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties;
(c) Disclose confidential information concerning the property, government or affairs of the consolidated government or any office, department or agency thereof without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;
(d) Accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the consoli dated government or any office, department or agency thereof; provided, however, that an elected official who is a candidate for public office may accept campaign contribu tions and services in connection with any such campaign;
(e) Represent private interests in any action or proceeding against the consolidated government or any office, department or agency thereof;
(f) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest.
2. Disclosure. Any elected official, appointed officer or employee of the consolidated government
who shall have any private financial interest, directly or indirectly, in any contract or mat ter pending before or within any office, department or agency thereof shall disclose such private interest to the Council. The mayor or any councilor who has a private interest in any matter pending before Council shall disclose such private interest and such disclosure shall be entered on the records of the Council and he or she shall disqualify himself or

TUESDAY, MARCH 23, 1993

2479

herself from participating in any decision or vote relating thereto. Any elected official, appointed officer or employee of any office, department or agency to which this code of ethics applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such office, department or agency shall dis close such private interest of the Council.
3. Use of public property. No elected official, appointed officer or employee of the consolidated government or
of any office, department or agency thereof to which this code of ethics applies shall use property owned by the consolidated government for personal benefit, convenience or profit except in accordance with policies promulgated by the Council.
4. Testimony of public officials relating to public affairs. Any office or employee of the consolidated government who is duly and properly
called as a witness before any consolidated government, state or federal judicial or admin istrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this code of ethics.
5. Contracts voidable and rescindable. Any contract between the consolidated government or any agency or entity to which
this code of ethics applies and another party shall be voidable or rescindable at the option of the consolidated government at any time if any elected official, appointed officer or employee of the consolidated government or any office, department or agency thereof has any interest in such contract and does not disclose such interest in accordance with Sec tion 2 hereof.
6. Ineligibility of elected officials. Except where authorized by law or as expressly provided in this Charter, neither the
mayor nor any councilor shall hold any other elective office during the time for which they were elected unless such councilor or mayor, prior to qualifying for election to such elec tive office, shall submit his or her resignation from his or her position as councilor or mayor, to be irrevocably effective on or before the date on which the tenure of office for which he or she offers is scheduled to begin. No former councilor shall hold any compen sated appointive office in the government until one year after the expiration of the term for which he or she was elected.
7. Political activities of certain officers and employees. (a) No appointive officer or employee of the consolidated government shall con
tinue in such employment upon qualifying as a candidate for nomination or election to any public office, nor shall any appointive officer or employee thereof electioneer for a candidate or take any part in the management of the affairs of any political party or in any political campaign, except to exercise his or her right as a citizen pri vately to express his or her opinions and cast his or her vote.
(b) No appointive officer or employee of the government shall be granted any leave of absence for the purpose of engaging in any of the activities set forth in para graph (a) hereof.
8. Penalties for violation. (1) Officials, officers and employees of the consolidated government may be punished
for violation of Sections 1 through 7 of this Appendix as follows: (a) The mayor and members of the Council shall be subject to removal from office
as provided in Article VI of this Charter; (b) All appointed officers and department heads not in the merit service shall be
subject to removal from office as provided in Article III, Chapter 1, Section 3-104(4) of this Charter;
(c) Members of the merit service, upon violation of the code of ethics as provided for herein, shall be subject to dismissal in accordance with the personnel rules and regulations adopted by the Council.

2480

JOURNAL OF THE HOUSE,

(2) The Council may provide by ordinance that violations of Sections 1 through 7 of this Appendix shall be punishable by a fine not to exceed $600.00, by imprisonment not to exceed 60 days, or by both. Any punishment so provided by ordinance may be imposed without regard to whether punishment is imposed as provided in part (1) of this section.

Representative Buck of the 135th moved that the House agree to the Senate substi tute to HB 634.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

SB 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.

The following Committee substitute was read:

A BILL
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to change the compensation of Justices of the Supreme Court and Judges of the Court of Appeals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by striking paragraphs (18) and (19) of subsection (a) and inserting in their place new paragraphs (18) and (19), respectively, to read as follows:
"(18) Each Justice of the Supreme Court ..........................................................................00,614.00 99,500.00
(19) Each Judge of the Court of Appeal .....................................................................................80.931.00 99,000.00"

Section 2. This Act shall become effective July 1, 1993. For purposes only of the gen eral appropriations Act for the year beginning July 1, 1993, the cost-of-living adjustment provisions of subsection (b) of Code Section 45-7-4 shall not apply with respect to Justices of the Supreme Court and Judges of the Court of Appeals.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Streat of the 167th moves to amend the Committee substitute to SB 89 by striking line 4 of page 1 and inserting in lieu thereof the following:

TUESDAY, MARCH 23, 1993

2481

"the Governor, the Lieutenant Governor, the Commissioner of Agriculture, the Attor ney General, the Commissioner of Insurance, the commissioner of corrections, the Com missioner of Labor, the state revenue commissioner, the State School Superintendent, the Secretary of State, the commissioner of administrative services, Justices of the Supreme Court, and Judges of the Court of.
By striking "(18) and (19)" from line 12 of page 1 and from line 13 of page 1 and inserting in lieu thereof the following:
"(1), (2), (4), (5), (7), (8), (9), (12), (13), (14), (17), (18), and (19)".
By striking the quotation mark from line 15 of page 1 and inserting between lines 14 and 15 of page 1 the following:
"'(1) Governor ......................................................................................................$ 60,000.00
One hundred and twenty percent of the total compensation of a Justice of the Supreme Court.
An allowance in an amount specified in the appropriations Act shall also be provided for the operation of the Governor's mansion.
(2) Lieutenant Governor ........................................................................................64,020.00
Ninety percent of the total compensation of a Justice of the Supreme Court.'
'(4) Commissioner of Agriculture .........................................................................67,766.00
Ninety percent of the total compensation of a Justice of the Supreme Court.
(5) Attorney General ..............................................................................................60,316.00
Ninety percent of the total compensation of a Justice of the Supreme Court.'
'(7) Commissioner of Insurance ............................................................................67,744.00
Ninety percent of the total compensation of a Justice of the Supreme Court.
(8) Commissioner of corrections...........................................................................66,677.00
Ninety percent of the total compensation of a Justice of the Supreme Court.
(9) Commissioner of Labor....................................................................................67,766.00
Ninety percent of the total compensation of a Justice of the Supreme Court.
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.'
'(12) State revenue commissioner ..........................................................................66,437.00
Ninety percent of the total compensation of a Justice of the Supreme Court.
(13) State School Superintendent..........................................................................60,316.00

2482

JOURNAL OF THE HOUSE,

Ninety percent of the total compensation of a Justice of the Supreme Court.
(14) Secretary of State.............................................................................................67,766.00
Ninety percent of the total compensation of a Justice of the Supreme Court.'
'(17) Commissioner of administrative services.....................................................66,676.00
Ninety percent of the total compensation of a Justice of the Supreme Court."
By striking lines 23 and 24 of page 1 and inserting in lieu thereof the following:
"45-7-4 shall not apply with respect to the Governor, the Lieutenant Governor, the Commissioner of Agriculture, the Attorney General, the Commissioner of Insurance, the commissioner of corrections, the Commissioner of Labor, the state revenue commis sioner, the State School Superintendent, the Secretary of State, the commissioner of administrative services, Justices of the Supreme Court, and Judges of the Court of Appeals.".

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

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

N Holmes Y Howard N Hudson Y Hughes Y Hugley Y James
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
Ladd N Lakly N Lane,D N Lane,R
Lawrence N Lawson YLee N Lewis NLord Y Lucas N Maddox
Mann Martin Y McBee Y McClinton McKinney.B Y Milam N Mills

N Mobley.B N Mobley,J N Moore N Mosley N Mueller Y Oliver N O'Neal Y Orrock N Padgett Y Parham N Parrish N Patten
Pelote N Perry N Pinholster
NPoag Polak
Y Porter N Poston N Powell
Purcell Y Randall N Randolph
NRay Y Reaves Y Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

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

On the passage of the Bill, by substitute, the ayes were 65, nays 90.

TUESDAY, MARCH 23, 1993

2483

The Bill, having failed to receive the requisite constitutional majority, was lost.

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 Bills of the House:

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 Hammond of the 32nd:
A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide additional members of the authority.

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.

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.

HB 1102.

By Representatives Wall of the 82nd, Dix of the 76th, Coleman of the 80th, Johnson of the 84th, Bannister of the 77th and others:
A bill to provide for the compensation of the chief magistrate of the Magis trate Court of Gwinnett County.

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

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.

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.

HB 1054.

By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act authorizing the establishment of a civil service system in Paulding County, so as to change the provisions relating to the duties and functions of the civil service board of Paulding County.

The Senate has agreed to the House amendment as amended by the Senate, to the following Bill of the Senate:

2484

JOURNAL OF THE HOUSE,

SB 163. By Senator Ragan of the 32nd:
A bill to amend Code Section 40-5-67.1 of the Official Code of Georgia Anno tated, relating to the administration of chemical test upon belief of a law enforcement officer that a person has been driving or was in actual physical control of a moving vehicle while under the influence of alcohol or drugs, so as to change the provisions relating to the information which the arresting officer is required to provide to the person requested to submit to a chemical test or tests.

The Senate has agreed to the House substitute by the Senate substitute to the follow ing Bill of the Senate:

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.

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

SB 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.

The following Committee substitute was read and withdrawn:

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 can didates and presidential electors, so as to provide that the General Assembly may provide by local law that nonpartisan elections for county offices and offices of local school boards and school superintendents may be held during the general election without a prior nonpartisan primary; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 can didates and presidential electors, is amended by striking in its entirety Code Section 21-2-139, relating to the nonpartisan election of county offices and local school boards and school superintendents, and inserting in lieu thereof the following:
"21-2-139. Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonparti san primaries and elections of candidates to fill county judicial offices and offices of local school boards and school superintendents which are filled by the vote of the elec tors of said county or political subdivision. The General Assembly may provide for the election of such officers at nonpartisan elections without a prior nonpartisan primary.

TUESDAY, MARCH 23, 1993

2485

The procedures to be employed in such nonpartisan primaries2 if applicable, and elec tions shall conform as nearly as practicable to the procedures governing nonpartisan pri maries and nonpartisan elections as provided in this chapter. The election procedures established by any existing local law which provides for the nonpartisan nomination^ if applicable, and election of candidates to fill county offices shall conform to the general procedures governing nonpartisan primaries2 if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primarieSj if applicable, and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Buck of the 135th was read and adopted:

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 can didates and presidential electors, so as to change provisions relating to nonpartisan elec tions for local government offices; to change the types of offices which may be made subject to nonpartisan election by local Act; to authorize local Acts to provide that such nonpartisan elections may be held during the general election without a prior nonpartisan primary; to require affidavits of political party or body affiliation upon qualification for such a nonpartisan primary or election; to provide for identification of party affiliation on ballots; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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 can didates and presidential electors, is amended by striking in its entirety Code Section 21-2-139, relating to the nonpartisan election of county offices and local school boards and school superintendents, and inserting in lieu thereof the following:
"21-2-139. (a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices and 2 offices of local school boards2 and school superintendents offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. The General Assembly may provide by local Act for the election of such officers at nonparti san elections without a prior nonpartisan primary. The Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan primaries2 if appli cable, and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. The Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan nominationj if applicable, and elec tion of candidates to fill county offices shall conform to the general procedures govern ing nonpartisan primaries2 if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primaries2 if applicable, and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstand ing the provisions of any existing local law.
(b) In any nonpartisan primary or nonpartisan election provided for by local Act as authorized in this Code section, including school board elections, the political party or body affiliation of each candidate, as stated on his or her affidavit of candidacy, shall be indicated beside his or her name; or, if his or her affidavit of candidacy stated his or her independence of any such affiliation, the word 'Independent' shall be placed beside his or her name.

2486

JOURNAL OF THE HOUSE,

(c) Any candidate for nomination in such a nonpartisan primary or election shall, in addition to all other requirements for qualifying as a candidate, execute and file with the appropriate official receiving other qualifying documents an affidavit stating the name of the political party or political body with which he or she is affiliated or the fact that he or she is independent of any such affiliation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey
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 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
Davis.G
Y Davis,M Y Dickinson YDix 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
Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris.B Y Harris.M YHart N Heard Y Hegstrom
Hembree Y Henson Y Holland

Y 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 Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly
Y Lane,D Y Lane.R Y Lawrence
Y Lawson YLee Y Lewis YLord
Lucas
Y Maddox
Mann
Martin Y McBee N 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
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 N Simpson
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 StanleyJL Y Stanley.P Y Stephenson Y Streat Y Taylor
Teague Y Teper
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 Y Yates
Yeargin
Murphy,Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Barnes of the 33rd, Hembree of the 98th and Ladd of the 59th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Johnson of the 84th and Williams of the 114th stated that they inad vertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

TUESDAY, MARCH 23, 1993

2487

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.

The following amendment was read and adopted:

Representatives Williams of the 63rd and Colwell of the 7th move to amend SB 225 as follows:
On page two line 16 - insert after the comma, "one of whom shall be the Capitol Museum Director.
On page 2 - line 17 change the number from "five" to "four".

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
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 YByrd Y Campbell Y Canty Y Carlisle
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 Y Dickinson Y Dix Y Dixon.H
Y Dixon.S Y Dobbs Y Dover Y Ehrhart
Y Epps Y Evans
Y Felton Y Floyd,J.M
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 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 Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis Y Lord
Lucas Y Maddox
Mann Martin Y McBee Y McClinton McKinney.B Y Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore
Mosley Y Mueller
Y Oliver Y O'Neal
Y Orrock 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 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 Snow Y Stancil.F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson 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 Y Yates Y Yeargin
Murphy,Spkr

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

2488

JOURNAL OF THE HOUSE,

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.

SB 359. By Senator Robinson of the 16th:
A bill to amend Code Sections 7-1-289 and 7-1-290 of the Official Code of Georgia Annotated, relating to security interests which may be pledged by banks and powers of a bank to act as surety or guarantor, Chapter 8 of Title 45, relating to the accounting of public funds, and Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities, so as to provide that a bank may pledge or otherwise grant security interests in its assets to secure deposits of public funds.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Brooks.T Brown YBuck Y Buckner Y 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 Y Dickinson YDix Y Dixon.H Y Dixon.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
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
Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis
YLord Y Lucas Y Maddox
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 Y Orrock
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
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
Smith.W
Y Smyre Snow
Y Stancil.F Stancil.S
Y Stanley,L Y Stanley,? Y Stephenson
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 Watts Y Westmorland Y White Williams.B Y Williams.R Y Yates Yeargin Murphy.Spkr

On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Ladd of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

TUESDAY, MARCH 23, 1993

2489

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.

Representative Dover of the 9th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 265 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Dover of the 9th, Cox of the 160th and Titus of the 180th.

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

SB 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.

The following amendment was read and adopted:

Representative Thomas of the 100th moves to amend SB 156 by striking in its entirety paragraph (7) on lines 11 through 13 on page 2 and renumbering existing para graphs (8) and (9) as paragraphs (7) and (8)
and, by striking on line 16 of page 2 after the number "40-6-931;" the following: "and"
and, by striking on line 18 of page 2 after the word "the" the following: "city,"
and, by striking on lines 18 and 19 of page 2 beginning after the word "county" on line 18 the following:
", or municipal governing authority."
and, by inserting a new paragraph following line 19 on page 2 to read as follows:
"(9) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund."

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:

2490

JOURNAL OF THE HOUSE,

Y Ashe 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
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 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
Dover Y Ehrhart
YBpps Evans
Y Felton
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 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 Y Johnson.D.H Y Johnson.E Y Johnson.G Y Johnson,J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly
Y Lane,D Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox
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 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
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
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley.L Stanley,P 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 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, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 351 Do Pass, by Substitute SB 392 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

SB 351. By Senator Abernathy of the 38th:
A bill to provide that the governing authority of Fulton County may not expand any existing noncommercial county airport to accommodate a com mercial use unless such expansion is approved in a referendum.

The following Committee substitute was read and adopted:

TUESDAY, MARCH 23, 1993

2491

A BILL
To provide that the governing authority of Fulton County may not expand any exist ing noncommercial county airport to accommodate a commercial use unless such expansion is approved in a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of Fulton County shall not be authorized to expand, improve, or otherwise alter the construction or operation of any airport or landing field maintained or operated by such county for general aviation use as of January 1, 1993, so that such airport or landing field is not maintained or operated for any scheduled com muter flights, unless such change in use is approved by the qualified voters of the county voting in a referendum thereon.
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.

SB 392. By Senators Isakson of the 21st, Clay of the 37th and Ragan of the 32nd:
A bill to amend an Act creating a Board of Elections and Registration in Cobb County, as amended, so as to delete residency requirements of certain members of the board; to provide for editorial revision; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, 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 amendment thereto:

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.

Representative Watson of the 139th moved that the House disagree to the Senate amendment to HB 346.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

2492

JOURNAL OF THE HOUSE,

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.

Representative Orrock of the 56th moved that the House adhere to its position in amending SB 234 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Representatives Orrock of the 56th, Thomas of the 100th and Bordeaux of the 151st.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

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.

The following Senate amendments were read:

SENATE AMENDMENT No. 1

Amend HB 490 by adding following the word "courts" on line 6 of page 1 the follow ing:
", county medical examiners and their sworn officers employed by county government, and clerks of the superior courts".
By deleting the word "and" from line 5 of page 3.
By striking the period and quotes from line 7 of page 3 and inserting in lieu thereof a semicolon.
By adding between lines 7 and 8 of page 3 the following:
"(12) County medical examiners and their sworn officers employed by county govern ment; and
(13) Clerks of the superior courts.'".

SENATE AMENDMENT No. 2

Amend HB 490 by adding between lines 7 and 8 of page 3 the following:
"(12) County medical examiners and their sworn officers employed by county govern ment and coroners and their sworn officers employed by county government."

TUESDAY, MARCH 23, 1993

2493

The following amendment was read and adopted:
Representative Martin of the 47th moves to amend the Senate amendments to HB 490 by adding the words "and coroners" after the word "examiners" on line 5 of page 1 of Senate amendment No. 1.
By underlining all quoted material on lines 13 through 15 of page 1 of Senate amend ment No. 1.
By adding the words "and coroners" after the word "examiners" on line 13 of page 1 of Senate amendment No. 1.
By striking Senate amendment No. 2 in its entirety.
Representative Martin of the 47th moved that the House agree to the Senate amend ments, as amended by the House, to HB 490.
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 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 Y Bunn Y Burkhalter YByrd Y Campbell
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 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
Y Epps Y Evans Y Felton Y Floyd,J.M Y Floyd,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

Holmes Y Howard
Hudson
Y Hughes Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H
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
Lewis YLord Y Lucas Y Maddox
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
Farham Y Parrish
Patten Pelote Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell Randall Y Randolph YRay Y Reaves Y Reichert Y 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
Smyre YSnow
Stancil.F
Y Stancil,S Stanley ,L Stanley,?
Y Stephenson
Y Streat Y Taylor
Teague
YTeper Thomas.C Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Watson Watts Y Westmoreland Y White Y Williams,B Y Williams.R Y Yates Yeargin Murphy.Spkr

On the motion, the ayes were 150, nays 0. The motion prevailed.

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

SB 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.

2494

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
N 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 N Cauthorn Y Chambless Y Chandler
Channell Y Childers Y Clark Y Coker Y Coleman.B
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 Dixon.S Y Dobbs Y Dover Y Ehrhart Y Epps Y Evans Y Felton Y Floyd,J.M N Floyd.J.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Y Hanner 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
Lawrence Y Lawson YLee Y Lewis Y Lord Y Lucas Y Maddox
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 Y Orrock Y Padgett Y Parham
Parrish Patten Y Pelote Perry Y Pinholster YPoag Y Polak Porter Y Poston Y Powell Y Purcell Randall Y Randolph YRay 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
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley.L Stanley,? N Stephenson Y Streat Y Taylor Teague Y Teper Thomas.C Tillman Y Titus Y Towery Y Trense Y Turnquest
Y Vaughan Y Walker Y Wall Y Watson
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 149, nays 5. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.
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.
The following substitute, offered by Representatives Orrock of the 56th, Baker of the 70th and Bordeaux of the 151st was read and adopted:
A BILL
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to define certain terms; to establish the Pollution Prevention Assistance Division of the Department of Natural Resources; to provide that participation in any assistance programs of the division shall be voluntary; to provide for the appoint ment of a director of the division; to provide for the responsibility of the division and the

TUESDAY, MARCH 23, 1993

2495

authority of the director; to provide for a pollution prevention assistance plan; to provide for the confidentiality of certain information; to provide for certain reports; to provide for the transfer of the personnel and facilities of the Georgia Hazardous Waste Management Authority to the division; to provide for matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by inserting at the end thereof the following:
"ARTICLE 8
12-8-180. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources. (3) 'Division' means the Pollution Prevention Assistance Division of the Depart
ment of Natural Resources. (4) 'Division director' means the director of the division. (5) 'Environmental Protection Division" means the Environmental Protection Divi
sion of the Department of Natural Resources. 12-8-181. (a) There is established within the Department of Natural Resources the Pollution Prevention Assistance Division. The commissioner shall appoint a division director, subject to the approval of the board, who shall serve at the pleasure of the commissioner. (b) Any other provision of this article to the contrary notwithstanding, participation by private businesses and industries in the assistance activities of the division shall be voluntary. 12-8-182. (a) The division shall have responsibility for the administration of this article. (b) The division director shall assist the commissioner in instituting activities to ful fill the purposes of this article. (c) The board shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article. (d) The Georgia Hazardous Waste Management Authority and the Environmental Protection Division may advise the director in furthering development of the division and facilitating an orderly transition of existing programs in source reduction, pollution prevention, and environmental waste reduction to the division. 12-8-183. (a) Not later than October 1, 1994, the division shall complete a pollution prevention assistance plan to achieve voluntary participation by businesses and indus tries within the state in programs and activities designed to prevent the pollution of the environment by the products and by-products of such businesses and industries. The plan shall establish the objectives of the division and address such matters as the divi sion deems appropriate. (b) The division shall publish the plan developed pursuant to subsection (a) of this Code section for public comment and shall send a copy of the plan to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate for comment. The division shall seek and encourage public comment on the plan and shall document and consider such comments. (c) The division shall present a final plan to the commissioner within 60 days after publication for public comment. If the commissioner approves, the division shall imple ment the plan. The plan may be amended from time to time as required or appropriate, after public notice and comment. 12-8-184. The division shall not disclose to the public any information designated by law as confidential or proprietary provided by any business or industry in the course of developing and implementing pollution prevention and environmental waste reduction assessments and activities. Pollution prevention and environmental waste reduction reports and plans developed by or for any business or industry shall be the property of

2496

JOURNAL OF THE HOUSE,

such business or industry, except as otherwise agreed to and except for such reports as otherwise required by law to be the property of the division.
12-8-185. The division shall advise the director of the Environmental Protection Division on rules and regulations of the Environmental Protection Division governing toxic substance production, use, transport, distribution, and release into the workplace or the environment.
12-8-186. On or before November 15, 1994, and biennially thereafter, the division shall prepare and present to the board, the Governor, the Speaker of the House of Rep resentatives, and the President of the Senate a report of the division's operations and activities pursuant to this article and an assessment of the future hazardous waste dis posal capacity needs of the state. The report shall review progress toward pollution pre vention and environmental waste reduction goals, provide an evaluation of progress by businesses and industries in this state, and make any appropriate recommendations for legislative action. The report shall include a proposed work plan for the following biennium which will provide, to the extent possible, an evaluation of projects and strategies for bringing about voluntary pollution prevention and waste reduction, alternatives to toxic use, objectives, financing, and institutional innovations. The report may also include amendments to the plan required under Code Section 12-8-183.
12-8-187. The division may, at the direction of the commissioner, prepare the bien nial report of hazardous waste generators required under Section 104(k) of the Superfund Amendments and Reauthorization Act of 1986 and prepare the capacity assurance plan required under 40 C.F.R. 262.41.
12-8-188. The division shall no less than biennially use the facility needs assessment model developed by the Georgia Hazardous Waste Management Authority to assess capacity, demand, generation, and other factors which may affect the determination of the need for a hazardous waste management facility in Georgia to be built with state support and involvement and shall include in the biennial report required by Code Sec tion 12-8-186 a needs assessment report relative to the need for such a facility and the continued need for the assessment required by this Code section.
12-8-189. (a) On October 1, 1993, the staff and the physical and financial assets, property, records, and programs of the Georgia Hazardous Waste Management Authority shall be transferred to the division for administration and use by the division. Any fund ing subsequent to October 1, 1993, designated for or to such authority shall be directed to the division for administration and use by the division. Upon approval of the commis sioner, the staff of the division may serve as staff to such authority for such periods of time as is determined by the commissioner to be necessary.
(b) State programs of waste reduction, pollution prevention, and reporting imple mented by other agencies, authorities, or divisions may be transferred, along with any financial and physical assets and records which are used in support of said programs, to the division for administration and use by the division."
Section 2. This Act shall become effective on October 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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y 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 Y Buck

Y Buckner Y 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

Colwell Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Davis.G Y Davis.M

TUESDAY, MARCH 23, 1993

2497

Y Dickinson Y Dix 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 Harnmond
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
Mann Martin Y McBee Y McClinton McKinney.B Y Milam Y Mills
Y Mobley.B Y MobIey,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
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
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
Tillman Y Titus Y Towery Y Trense 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1054.

By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act authorizing the establishment of a civil service system in Paulding County, so as to change the provisions relating to the duties and functions of the civil service board of Paulding County.

The following Senate substitute was read:

A BILL
To amend an Act authorizing the establishment of a civil service system in Paulding County, approved March 18, 1980 (Ga. L. 1980, p. 3119), so as to change the provisions relating to persons who are subject to the civil service system; to change certain provisions relating to clerical assistance for the civil service board; to authorize the governing author ity of Paulding County to make recommendations relative to changes in or additions to the rules and regulations of the civil service board; to provide that unless such amend ments by the governing authority to rules and regulations of the civil service board are rejected by two-thirds of the membership of the board, such amendments shall have the force of law and be binding on all parties affected by the civil service system; to provide that no employee covered by the civil service system shall have any right of appeal to the civil service board unless such employee is terminated or suspended from employment for any period of time; 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 authorizing the establishment of a civil service system in Paulding County, approved March 18, 1980 (Ga. L. 1980, p. 3119), is amended by striking in its

2498

JOURNAL OF THE HOUSE,

entirety subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) It is specifically provided that elected officials of Paulding County, appointed members of boards, commissions, and authorities of Paulding County, the supervisors or heads or other chief executive officers, by whatever name designated, of all departments of Paulding County, whether presently existing or hereafter created, the county attorney, and the secretary of the Paulding County Commission shall not be under or subject to the Paulding County Civil Service System. Except as limited by the foregoing sentence and by Section 5 of this Act relating to employees of elected county officers, the Paulding County Commission, pursuant to the resolution adopted under subsection (a) of this section, or pursuant to any other resolution or ordinance that may be adopted from time to time by said commission, shall have the authority to place all employees, or any category of employees, of Paulding County under said civil service system."
Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. It shall be the duty, function, and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the civil service board shall be held in offices provided therefor by the governing authority of Paulding County or in a courtroom of the Superior Court of Paulding County. The governing authority of said county is authorized to provide necessary clerical assistance to the board on a part-time basis to assist the board in conducting hearings and appeals as provided for in this Act. Said board shall hold regular meetings at least once a month and may hold additional meetings as may be required for the proper discharge of its duties."
Section 3. Said Act is further amended by adding between Sections 6 and 7 a new Section 6A to read as follows:
"Section 6A. The governing authority of Paulding County shall be authorized to make recommendations as to amendments, additions to, and changes in the rules and regula tions of the civil service board from time to time and unless said amendments, changes, or additions are rejected by two-thirds of the membership of the civil service board, said amendments shall have the force of law and be binding on all parties affected by said civil service system."
Section 4. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows:
"Section 7. No employee of any department or office of the county which has been brought under the civil service system pursuant to this Act may be terminated from employment in said department or office except for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing author ity as aforesaid. No employee covered by the civil service system shall have any right of appeal to the civil service board unless such employee is terminated or suspended from employment for any period of time; and the board shall only hear appeals involv ing such terminations or suspensions. Any employee who is terminated or suspended shall have the right of appeal pursuant to the terms of the rules and regulations pre scribed for appeals by the civil service board. Such appeal shall be heard at the next regular or special meeting of the civil service board after it is filed and must be heard and determined by the board within 45 days of the date said appeal is filed with the board; provided, however, that a terminated employee must file an appeal with the board in writing within ten days from the date of the employee's termination and pro vided that this provision shall not apply to persons terminated from any department due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the board shall be binding upon the governing authority of said county as to whether such termination was for proper cause."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

TUESDAY, MARCH 23, 1993

2499

Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Watts of the 26th moved that the House agree to the Senate substitute to HB 1054.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

Representative Canty of the 52nd 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 Bills of the Senate were taken up for consideration and read the third time:

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.

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
Breedlove Y Brooks,D Y Brooks.T
Brown YBuck
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 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 Davis.M Y Dickinson YDix Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton Y Ployd,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
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 Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd YLakly Y Lane.D
Lane.R Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox 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
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 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 Y Teper
Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest YTwiggs Y Vaughan Y Walker
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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

2500

JOURNAL OF THE HOUSE,

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.

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 Anno tated, 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 unclas sified 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 following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor and the office of the Governor, so as to provide that positions of employ ment in the Office of Planning and Budget shall be in the unclassified service of the state merit system of personnel administration; to provide for the method of determination of compensation of such employees; to change the composition of the Governor's Develop ment Council; to change the administrative attachment of said council; 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; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:
"(c) The administrative head of the Office of Planning and Budget is the director of the Office of Planning and Budget, who shall be appointed by the Governor to serve at his the Governor's pleasure. The director shall be responsible for management of the office and shall exercise supervision and control over the office. The director of the Office of Planning and Budget is authorized to employ such other professional, techni cal, and clerical personnel as he the director may deem necessary to carry out the duties prescribed in this part. The employees ef the Office ef Planning and Badge* shaH fee governed by the rates and regulations ef the State Personnel Board, andef Article -1 ef Chapter 26 ef- this title. :Fhe Office ef Planning and Budget shaH pay its pre fata share
the manner prescribed in Article 1 ef- Chapter 20 ef this title. All employees in the position classification policy coordinator shall be in the unclassified service of the state merit system. Any and all salary increases shall be based, in part, on each individual employee's job performance as measured by a standard operative appraisal system and, in part, on general increases given to all state employees. The Governor is authorized to delegate to the director of the Office of Planning and Budget such ef his powers, duties, and authority under this part as he the Governor deems advisable; and he the Governor shall have the right to retract any such delegation at any time."
Section 2. Said chapter is further amended by striking Code Section 45-12-203, relat ing to the composition of the Governor's Development Council, and Code Section 45-12-205, relating to administrative attachment of the council, and inserting in their respective places new Code sections to read as follows:

TUESDAY, MARCH 23, 1993

2501

"45-12-203. (a) Membership on the council shall be as follows: the Governor or his the Governor's designee, the commissioner of community affairs, the commissioner of industry, trade, and tourism, the commissioner of natural resources, the commissioner of transportation, the director of the Office of Planning and Budget, the executive direc tor of the Georgia Environmental Facilities Authority, and five nine private sector mem bers appointed by the Governor. Private sector members shall be selected in such a way that they represent the geographical and economic diversity of this state to the maxi mum extent feasible. All private sector members shall serve at the pleasure of the Gov ernor.
(b) The Governor shall designate the chairman chair of the council. (c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chairman chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. Si* Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate except for the Governor as provided in subsection (a) of this Code section. The council may establish, from time to time, such additional rules and procedures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate." "45-12-205. The council shall be attached to the Department ef- Community Affairs Office of Planning and Budget for administrative purposes. The Department of Commu nity Affairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor."
Section 3. Code Section 45-20-2, relating to defined terms relating to the state merit system of personnel administration, is amended by striking subparagraph (a) (15) (C) and inserting in its place a new subparagraph to describe certain positions included in the unclassified service and to read as follows:
"(C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all officers, officials, and employees of the Office of Planning and Budget, notwithstanding their previous inclusion in the classified service;"
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Coleman of the 142nd was read and adopted:

A BILL
To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor and the office of the Governor, so as to provide that certain positions of employment in the Office of Planning and Budget shall be in the unclassified service of the state merit system of personnel administration; to provide for the method of determi nation of compensation of such employees; to change the composition of the Governor's Development Council; to change the administrative attachment of said council; to amend Code Section 45-20-2, relating to defined terms relating to the state merit system of per sonnel administration, so as to make a conforming amendment for the foregoing; to pro vide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of Planning and Budget, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows:

2502

JOURNAL OF THE HOUSE,

"(c) The administrative head of the Office of Planning and Budget is the director of the Office of Planning and Budget, who shall be appointed by the Governor to serve at his the Governor's pleasure. The director shall be responsible for management of the office and shall exercise supervision and control over the office. The director of the Office of Planning and Budget is authorized to employ such other professional, techni cal, and clerical personnel as he the director may deem necessary to carry out the duties prescribed in this part. The Except as otherwise provided in this subsection, the employ ees of the Office of Planning and Budget shall be governed by the rules and regulations of the State Personnel Board, under Article 1 of Chapter 20 of this title. The Office of Planning and Budget shall pay its pro rata share of the administrative cost of operating the Merit System of Personnel Administration, in the manner prescribed in Article 1 of Chapter 20 of this title. All employees in the position classification policy coordinator shall be in the unclassified service of the state merit system. Any and all salary increases for such employees shall be based, in part, on each individual employee's job perform ance as measured by a standard operative appraisal system and, in part, on general increases given to all state employees. The Governor is authorized to delegate to the director of the Office of Planning and Budget such ef- his powers, duties, and authority under this part as he the Governor deems advisable; and he the Governor shall have the right to retract any such delegation at any time."
Section 2. Said chapter is further amended by striking Code Section 45-12-203, relat ing to the composition of the Governor's Development Council, and Code Section 45-12-205, relating to administrative attachment of the council, and inserting in their respective places new Code sections to read as follows:
"45-12-203. (a) Membership on the council shall be as follows: the Governor or his the Governor's designee, the commissioner of community affairs, the commissioner of industry, trade, and tourism, the commissioner of natural resources, the commissioner of transportation, the director of the Office of Planning and Budget, the executive direc tor of the Georgia Environmental Facilities Authority, and five nine private sector mem bers appointed by the Governor. Private sector members shall be selected in such a way that they represent the geographical and economic diversity of this state to the maxi mum extent feasible. All private sector members shall serve at the pleasure of the Gov ernor.
(b) The Governor shall designate the chairman chair of the council. (c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chairman chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. SHE Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate except for the Governor as provided in subsection (a) of this Code section. The council may establish, from time to time, such additional rules and procedures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate." "45-12-205. The council shall be attached to the Department ef Community Affairs Office of Planning and Budget for administrative purposes. The Department of Commu nity Affairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor."
Section 3. Code Section 45-20-2, relating to defined terms relating to the state merit system of personnel administration, is amended by striking subparagraph (a) (15) (C) and inserting in its place a new subparagraph to describe certain positions included in the unclassified service and to read as follows:
"(C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the posi tion classification policy coordinator, notwithstanding their previous inclusion in the classified service;"

TUESDAY, MARCH 23, 1993

2503

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y 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
Broofcs.D Y Brooks.T Y Brown YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Carrell
Y Carter 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
Davis.G Y Davis.M Y Dickinson
Dix 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
Goodwin Y Greene Y Groover
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 Y Johnson.D.H Y Johnson.E
Y Johnson.G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly Y Lane.D
Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox
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 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 Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfleld Y Skandalakis Y Skipper

Y Smith.C Y Smith.L Y Smith.P Y Smith.T
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 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
YYates 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 Buckner of the 95th 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.

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.

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

2504

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 99, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read:
HR 610. By Representative Murphy of the 18th
A RESOLUTION
Amending House Resolution 541, relating to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that House Resolution 541 is amended by striking the "7:00 P.M." hour of adjournment and inserting in its place a "9:00 P.M." hour of adjournment.
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
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 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
Dobbs Y Dover Y Bhrhart YEpps Y Evans Y Felton Y 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
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
Lewis YLord
Lucas Y Maddox
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 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
Shanahan 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.P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C
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 adoption of the Resolution, the ayes were 158, nays 0. The Resolution was adopted.

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.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

TUESDAY, MARCH 23, 1993

2505

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.

Representative Colwell of the 7th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 844 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker Pro Tern appointed as a Committee of Conference on the part of the House the following members:
Representatives Twiggs of the 8th, Murphy of the 18th and Colwell of the 7th.

The following Bills of the House and Senate were taken up for the purpose of consid ering the Senate amendments or substitutes thereto:

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.

The following Senate amendment was read:

Amend HB 995 by inserting on line 4 of page 1 following the word "for" the words "method of election and".
By striking lines 10, 11, and 12 of page 2 and inserting in lieu thereof the following:
"represent. There shall be no primary for nominating candidates for municipal elec tions. Elections shall be held in compliance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code.'""

Representative Holland of the 157th moved that the House agree to the Senate amendment to HB 995.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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.

The following Senate amendment was read:

2506

JOURNAL OF THE HOUSE,

Amend HB 996 by inserting on line 3 of page 1, following the word "the" the words "method of.
By striking on lines 16, 17, 20, and 21 of page 1, respectively, the numbers "1991", "1993", "1992", and "1994" and inserting in lieu thereof, respectively, the numbers "1992", "1994", "1993", and "1995".
By inserting on line 26 of page 1, following the symbol ".", the following: "The candi date receiving a majority of the votes cast for the office of mayor shall be elected mayor. The candidates receiving the largest, second largest, and, if applicable, the third largest number of votes for councilmember shall be elected to the council. There shall be no pri mary for nominating candidates for municipal elections."

Representative Holland of the 157th moved that the House agree to the Senate amendment to HB 996.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1102. By Representatives Wall of the 82nd, Dix of the 76th, Coleman of the 80th, Johnson of the 84th, Bannister of the 77th and others:
A bill to provide for the compensation of the chief magistrate of the Magis trate Court of Gwinnett County.

The following Senate amendment was read:

Amend HB 1102 by line 3 of page 1 and inserting the following:
"provide that such officer shall devote full time to the duties of office; to provide an effective date; to repeal conflicting laws; and".
By striking line 12 of page 1 and inserting the following:
"Gwinnett County from the funds of the county. The chief magistrate shall devote his or her full time to the duties of the office."

Representative Wall of the 82nd moved that the House agree to the Senate amend ment to HB 1102.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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 Hammond of the 32nd:
A bill to amend an Act known as the "South Cobb Development Authority Act," so as to provide additional members of the authority.

The following Senate amendment was read:

Amend HB 983 by adding on line 6 of page 1 after the word and symbol "office;" and before the word "to" the following:
"to provide that certain property of the authority shall be exempt from ad valorem taxation;".

TUESDAY, MARCH 23, 1993

2507

By adding between lines 14 and 15 of page 2 a new Section 2 to read as follows:
"Section 2. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows:
'Section 10. Constitutional authority for Act; tax exemption of authorities. This Act is passed pursuant to authority granted the General Assembly by the Constitution of the State of Georgia of 1976. The authority is created for nonprofit and public pur poses, and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the peo ple of the state; that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power con ferred upon it by this Act; and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority, any property held by the authority as a lessee, including, but not limited to, any property held by the authority as a lessee for the purposes of an office or a cultural or arts center, or any property under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or other wise; and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption shall not include any exemption from sales and use tax on prop erty purchased by the authority or for use by the authority.'"
By striking on line 15 page 2 the following:
"Section 2.",
and inserting in its place the following:
"Section 3.".

Representative Barnes of the 33rd moved that the House agree to the Senate amend ment to HB 983.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend an Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, so as to change the provi sions relating to the membership of the commission; to change the date upon which the commission will be abolished; to repeal conflicting laws; and for other purposes.

2508

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb County Commission on Children and Youth, approved February 24, 1988 (Ga. L. 1988, p. 3569), as amended, is amended by striking Section 1 of said Act and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. (a) There is created the Cobb County Commission on Children and Youth. The commission shall be composed of 29 members as follows:
(1) Six members to be appointed by the members of the Cobb County House legis lative delegation as provided in this paragraph, three of whom shall reside in the terri tory within Cobb County comprised of House Districts 32, 33, 34, 35, 36, 38, and 51 and who shall be appointed by the members of the delegation who represent such dis tricts, and three of whom shall reside in that territory within Cobb County comprised of House Districts 29, 30, 31, 37, 39, and 40;
(2) Four members to be appointed by the Cobb County Senate legislative delega tion, one each from Senate Districts 21, 32, and 37, and one from Senate Districts 33 and 38 combined who shall each reside in his or her respective district and who shall be appointed by the member of the Cobb County Senate legislative delegation who resides in such district;
(3) Six members to be appointed by the Board of Commissioners of Cobb County, three of whom shall reside in Commission Districts 2 and 3 and be appointed by members of the board who represent those districts and three of whom shall reside in Commission Districts 1 and 4 and be appointed by members of the board who represent those districts; and
(4) Thirteen members to be appointed by the judiciary of the Cobb County courts, including the superior court, the state court, the magistrate court, the juvenile court, and the probate court. (b) Appointments to the Cobb County Commission on Children and Youth shall include at least one member from each of the following fields or professions:
(1) Law enforcement; (2) Child welfare; (3) Medical; (4) The judiciary; (5) Education; and (6) The business and civic community. (c) All appointments to the commission shall be made within 30 days after the effec tive date of this Act. All persons appointed to serve on the Cobb County Commission on Children and Youth, except the member of the commission representing the medical profession who shall not be required to be a resident, shall be residents of said county. If a member of the commission moves his or her residence from the county, that member's position shall immediately become vacant and shall be filled in the same man ner as the initial appointment."
Section 2. Said Act is further amended by striking Section 5 and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The commission shall stand abolished on July 1, 1996."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Hammond of the 32nd moved that the House disagree to the Senate substitute, to the House substitute, to SB 285.
The motion prevailed.

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.

TUESDAY, MARCH 23, 1993

2509

The following Senate substitute was read:

A BILL
To amend an Act creating the Cobb Year 2000 Commission, approved April 4, 1991 (Ga. L. 1991, p. 4228), so as to change the manner in which members shall be selected; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the Cobb Year 2000 Commission, approved April 4, 1991 (Ga. L. 1991, p. 4228), is amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof the following:
"Section 3. Thirteen citizens of Cobb County shall be appointed as members of the commission. The members of the House of Representatives representing Cobb County Districts 32, 33, 34, 35, 36, 38, and 51 shall appoint one commission member, and the members of the House of Representatives representing Cobb County Districts 29, 30, 31, 37, 39, and 40 shall appoint one commission member. The members of the Senate repre senting Cobb County Districts 21 and 32 shall appoint one commission member and the members of the Senate representing Cobb County Districts 33, 37, and 38 shall appoint one commission member. The chairman of the Cobb County Board of Commissioners shall appoint one commission member; the members of the Cobb County Board of Com missioners from Commissioner Districts 1 and 4 shall appoint one commission member; and the members of the Cobb County Board of Commissioners from Commissioner Dis tricts 2 and 3 shall appoint one commission member. The following entities shall each appoint one commission member: the Cobb Municipal Association; the Cobb County Board of Education; and the Marietta Board of Education. The judges of the Superior Court of Cobb County shall appoint one commission member. The district attorney for Cobb County shall appoint one commission member. The director of the Cobb County Department of Family and Children Services shall appoint one commission member."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Vaughan of the 34th, et al. move to amend the Senate substitute to HB 682 by striking from line 14 of page 1 the following:
"38, and 51", and inserting in lieu thereof the following:
"and 38". By striking from line 17 of page 1 the following: "and 40", and inserting in lieu thereof the following: "40, and 51".

Representative Vaughan of the 34th moved that the House agree to the Senate substi tute as amended by the House to HB 682.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

2510

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 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 President has appointed on the part of the Senate the following:
Senators Day of the 48th, Glanton of the 34th and Huggins of the 53rd.

The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference on the following Bill of the Senate:

SB 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.
The President has appointed on the part of the Senate the following:
Senators Taylor of the 12th, Walker of the 22nd and Thomas of the 10th.

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

SB 335. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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.

The following Committee substitute was read:

A BILL
To provide a short title; 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 budgetary processes, so as to change provisions relating to state budgetary processes; to define certain terms; to provide for a strategic planning process; to provide for an outcome based budget ing system; to provide for consultation with the General Assembly; to provide for contents of budget reports; to provide for submission and review of budget estimates and annual operating budgets; to provide standards for amendments to a previously enacted General Appropriations Act; to provide for periodic work programs and their review and adjust ment; to provide for allotment of funds and reductions in and reservations of allotments

TUESDAY, MARCH 23, 1993

2511

and appropriations; to provide for reports with respect to new programs; to authorize financial incentives to agencies for effecting cost reductions; to provide for a process of review and evaluation of programs and activities; to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legis lative financial affairs, so as to create a Budgetary Responsibility Oversight Committee and provide for its membership and functions; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fiscal legislation, so as to change provisions relating to fiscal notes; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Budget Accountability and Planning Act of 1993."
Section 2. Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the Office of Planning and Budget and budgetary processes, is amended by striking Code Section 45-12-71, relating to definitions, and inserting in its place a new Code Section 45-12-71 to read as follows:
"45-12-71. As used in this part, the term: (1) 'Annual operating budget' means the operating budget for each budget unit
which details the appropriations passed by the General Assembly for that budget unit. Q) (2) 'Appropriation' means an authorization by the General Assembly to a bud
get unit to expend, from public funds, a sum of money not in excess of the sum speci fied, for the purposes specified in the authorization and under the procedure described in this part.
{2} (3) 'Appropriation Act' means an Act of the General Assembly which autho rizes the expenditure of state money.
{3} (4) 'Budget' means the complete financial plan for the fiscal year as proposed in the budget report and modified and adopted by appropriation and revenue Acts.
(5) 'Budget allotment' means a process of authorizing the withdrawal of state funds from the treasury based on a determination that the budget allotment request is consistent with an approved work program.
{4} (6) 'Budget class' means one of the kinds of expenditures denoting a class of service or commodities purchased or properties acquired as specified in the classifica tion of expenditures provided for in this part for use in expenditure accounting, in the making of budget estimates, and in the budget reports and budgets.
{6} (7) 'Budget estimate' means the statement with accompanying explanations, as provided in this part, in which a budget unit states its financial requirements and requests appropriations.
{6} (8) 'Budget message' means the required statement by the Governor to the General Assembly after its convening which gives a summary description of fefe the Governor's proposed financial policies and plans contained in the budget report, together with Ms recommendations for additional revenues, if any.
<& (9) 'Budget report' means the recommendations of the Governor to the General Assembly as to financial plans and expenditures to be authorized, with the accompa nying statements and explanations provided for in this part.
{8} (10) 'Budget unit' means a department, institution, agency, or other unit of organization for which separate appropriations are made.
(11) 'Outcome measure' means quantitative and qualitative indicators by which the performance of a program can be assessed against adopted goals and objectives.
(12) 'Strategic planning' means the process through which a preferred future direc tion and organizational mission are established and periodically updated in light of changing trends and issues and goals, objectives, and strategies are adopted and imple mented to guide an organization toward that preferred future direction."
Section 3. Said article is further amended by striking Code Section 45-12-73, relating to powers and duties of the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-73 to read as follows:

2512

JOURNAL OF THE HOUSE,

"45-12-73. The Office of Planning and Budget, at the direction and under the control of the Governor and subject to this part, shall perform the following functions:
(1) Develop and implement a process of strategic planning to establish and period ically update an overall plan for state government and require all state agencies to develop a strategic plan that is consistent with that overall state plan. The Office of Planning and Budget may assist departments, boards, bureaus, commissions, institu tions, authorities, and other agencies in developing those plans and in tailoring them to those organizations' program needs;
(2) Develop and implement an outcome based budgeting system that relates fund ing to achievement of established goals and objectives, measures agency performance against attainment of planned outcomes, and provides for program evaluations for pol icy and funding determinations. Program evaluations may include cost benefit analy ses, decision analyses, statistical analyses, comparisons with similar programs in other jurisdictions, relevant historical trends, and demographic factors, and other useful techniques.
Q) (3) Develop financial policies and plans as the basis for budget recommenda tions to the General Assembly and prepare detailed documents in accordance with such financial policies and plans for presentation to the General Assembly. The Office of Planning and Budget shall make its records and information available at all times to the General Assembly and its designees;
(2) (4) Coordinate the fiscal affairs and procedures of the state to assure the carry ing out of the financial plans and policies approved by the General Assembly, includ ing the administration of a system of annual operating budgets and amendments thereto and of expenditure control;
{3} (5) Develop plans for improvements and economies in organization and opera tion of the state agencies and implement such plans as are approved by the General Assembly;
{4) (6) Develop a long-term capital improvements budget which is consistent with the overall strategic plan for consideration by the General Assembly;
{&) III Analyze financial and administrative aspects of proposed legislation; {<) (8) Provide such assistance as the General Assembly may request and be avail able to assist its appropriations committees with any needed information or material;
ftftt
f?) (9) Perform all other duties provided for in this part and such other duties as the General Assembly may from time to time prescribe: ]
(10) In an effort to improve responsiveness of government and the effective and efficient delivery of services, provide leadership in initiating, organizing, and operating partnerships and collaborations among public and private entities having common or overlapping missions, purposes, roles, responsibilities, clients, or other similar relation ships; and
(11) Consult with the General Assembly on a regular basis concerning the develop ment and implementation of the strategic planning process, the development of out come measures for program evaluation, and the implementation of the other provisions of this article."
Section 4. Said article is further amended by striking Code Section 45-12-75, relating to the contents and form of the budget report, and inserting in its place a new Code Sec tion 45-12-75 to read as follows:
"45-12-75. The budget report shall contain and include the following information: (1) Summary statements of the financial condition of the state, accompanied by
such detailed schedules of assets and liabilities as the Governor deems desirable, which shall include, but not be limited to, the following:
(A) A comparative consolidated balance sheet showing all the assets and liabili ties of the state and the surplus or deficit, as the case may be, at the close of each of the two fiscal years last concluded;
(B) Summary statements of fund balances showing in detail for each fund the surplus or deficit at the beginning of each of the two fiscal years last concluded, the

TUESDAY, MARCH 23, 1993

2513

actual income of that year, the total appropriation of that year, and the total expenditures of that year; and
(C) Similar summary statements of the estimated fund balances for the current fiscal year and the next fiscal year; (2) Statements of income and receipts for each of the two fiscal years last con cluded, and the estimated income and receipts of the current fiscal year and the next fiscal year, and a statement of unappropriated surplus expected to have accrued in the state treasury at the beginning of the next fiscal year. The statements of income and estimated income shall be itemized by sources and by the budget unit collecting the same. The statements of receipts and estimated receipts shall be itemized by sources and by the budget unit receiving the same. Existing sources of income and receipts shall be analyzed as to their equity, productivity, and need for revision, and any pro posed new sources of income or receipts shall be explained; (3) Summary statements of expenditures and disbursements for each of the two fiscal years last concluded, itemized by budget units under functional heads and show ing the amounts expended for each major function of the government; (4) A statement of the surplus account, showing the excess of all current assets over all current liabilities as of the end of each of the two fiscal years last concluded and all changes in surplus account during each of such two fiscal years; (5) Detailed comparative statements of expenditures and requests for appropria tions by funds, budget units, and budget classes, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Gover nor's recommendations for appropriations for each budget unit for the next fiscal year.
tion Aftu mtiHt-Onftncc^ inductingt 0111 not limited t/Oj pcpscndi 36IFvices find ftUvftoricy tease rentals, aad ef extraordinary expenses and capital outlay. Following the lists of actual and proposed expenditures of each budget unit there shall be a brief explana tion of the functions of the unit and comments on its policies and plans and on any considerable differences among the amounts expended and the amounts recom mended, with such descriptive, quantitative, comparative, and other data as to work done, unit costs, and like information as is considered necessary or desirable. In con nection with each budget class of capital outlays involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be projected for at least three yats beyond the period covered by a period that is consistent with each organization's approved strategic plan as summarized in the budget;
(6) A summary statement of the cash resources estimated to be available at the beginning of the next fiscal year and the estimated cash receipts of the fiscal year as compared with the total recommended amounts of appropriation for all budget classes for the year and, if the total of the recommended expenditures exceeds the total of the estimated resources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues;
(7) A draft of a proposed General Appropriations Act or Acts embodying the Gov ernor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations; and
(8) Such other information as the Governor deems desirable or as is required by law."
Section 5. Said article is further amended by inserting immediately following Code Section 45-12-75 a new Code Section 45-12-75.1 to read as follows:
"45-12-75.1. (a) On or before October 1 of 1994 and each year thereafter, the Gov ernor, through the Office of Planning and Budget, shall prepare and submit to the Bud getary Responsibility Oversight Committee a continuation budget report. On or before

2514

JOURNAL OF THE HOUSE,

May 1 of 1994 and every year thereafter, the Governor, through the office of Planning and Budget, shall consult and coordinate with the chairperson of the Budgetary Respon sibility Oversight Committee to develop a list of agencies and programs in agencies which will be included in the continuation budget report for the year. Each state depart ment shall be included in the continuation budget report not less than once every five years. The continuation budget report shall contain a detailed analysis of the funds nec essary to provide services in the current fiscal year for each state agency and program examined. Such report shall address all programs and shall include a description of the purposes and accomplishments of the programs.
(b) The committee shall consider the budget report prepared pursuant to this Code section in conjunction with the audit report prepared pursuant to paragraph (4) of Code Section 50-6-24.
(c) The committee shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee.
(d) It is the intent of this Code section to examine all state departments not less than once every five years."
Section 6. Said article is further amended by striking Code Section 45-12-78, relating to submission of agency budget estimates and review of budget estimates by the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-78 to read as follows:
"45-12-78. (a) Not later than September 1 of each year, the head of each budget unit, other than the General Assembly and the judiciary, shall submit to the Office of Planning and Budget estimates of the financial requirements of his the budget unit for the next fiscal year, on the forms and in the manner prescribed by the Office of Plan ning and Budget, with such explanatory data as is required by the Office of Planning and Budget. Such submission shall utilize such budget classes and be within such expenditure parameters as may be established by the Governor. The head of a budget unit also may submit ael such additional data as he wiohcs te submit is helpful. The estimates so submitted shall bear the approval of the board or commission of each bud get unit for which a board or commission is constituted.
(b) Except as otherwise provided in this subsection, the budget estimates for the General Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said department shall be prepared by the state auditor and shall be included in the budget report without revision and shall not be subject to review or control by the Office of Planning and Budget. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if requested. Effective with the budget estimates for the fiscal year beginning July 1, 1985, the budget estimates for the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate shall be prepared by the Senate; the budget estimates for the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives shall be prepared by the House of Representatives; and the budget estimates for the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be prepared by the Legisla tive Services Committee. All of such budget estimates shall include such object classes as the Legislative Services Committee shall determine, and transfers of funds may be made between such object classes. Funds may also be transferred between the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate. Funds may also be transferred between the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of

TUESDAY, MARCH 23, 1993

2515

Representatives. Funds may also be transferred between the Office of Legislative Coun sel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst.
(c) Budget estimates for the judiciary shall be prepared by the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals and such other judicial offi cers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if requested.
(d) All of the data relative to the legislative and judicial branches of the government shall be for the information and guidance of the Office of Planning and Budget in esti mating the total financial needs of the state for the ensuing period, but none of these estimates shall be subject to revision or review by the Office of Planning and Budget and must be included in the budget report as prepared by it."
Section 7. Said article is further amended by striking Code Section 45-12-80, relating to appropriations Acts, and inserting in its place a new Code Section 45-12-80 to read as follows:
"45-12-80. (a) The financial plan for each fiscal year, as presented in the budget report, shall be adopted, with such modifications as are made by the General Assembly, by the passage of a General Appropriations Act and such revenue and other Acts as are necessary for the purpose.
(b) Each General Appropriations Act, now of force or hereafter adopted, with such amendments as are adopted from time to time shall continue in force and effect for the next fiscal year after adoption; and it shall then expire except for the mandatory appro priations required by the Constitution of Georgia or those required to meet contractual obligations authorized by the Constitution of Georgia or the continued appropriation of federal grants. Any amendment to a previously enacted General Appropriations Act shall only provide for an addition to, a transfer within, or a reduction from a budget unit which is established and subject to continuing appropriations.
(c) In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriations Acts, provided no such sup plementary appropriation shall be available unless there is an unappropriated surplus in the state treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the general fund of the state treasury. Neither house shall pass a supplementary appropriation bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor.
(d) The annual operating budget for each budget unit shall be submitted for approval to the Office of Planning and Budget by May 31 of the fiscal year preceding the effective date; shall be submitted on forms and in the format as determined by the Office of Planning and Budget; and shall conform to approved appropriations Acts. The total annual operating budget, including such schedules and supplementary information as may be required by the Office of Planning and Budget, shall be considered the finan cial plan for the budget unit. The various schedules included in the annual operating budget shall govern the approved expenditures for the applicable object class and shall ensure that these expenditures conform to both the letter and the intent of approved appropriations Acts. The Governor through the Office of Planning and Budget shall direct to be made such changes in the submitted annual operating budget as the Gover nor deems necessary to bring the annual operating budget into conformity with approved appropriations Acts."
Section 8. Said article is further amended by striking Code Section 45-12-82, relating to the filing of quarterly work programs and their review and approval by the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-82 to read as follows:
"45-12-82. The Governor, through the Office of Planning and Budget, shall require each budget unit, other than those of the legislative branch and the judicial branch, to

2516

JOURNAL OF THE HOUSE,

file quarterly periodic work programs with the Office of Planning and Budget net later
l>nin liny CtftyS OCIOFC tnC DC1nmng Oi CELCn QH&TtP 'Of twC CfliCnCrflF y^ ^^ fl-t SUCI1 tllH6
as the Office of Planning and Budget shall direct. As provided in Code Section 45-12-83, no allotment of funds shall be approved for any budget unit until such budget unit has filed a quarterly periodic work program with the Office of Planning and Budget and the quarterly periodic work program has been approved by the Governor. The work program shall be presented on forms prescribed by the Office of Planning and Budget and shall contain such information as the Governor, through the Office of Planning and Budget, may require. The work program shall include the amount of the portion of the appropri ation required for the quarter's period's expenditures based on the budget prepared as provided in this part. Quarterly Periodic work programs may be amended from time to time in such manner as the Office of Planning and Budget may require. A duplicate copy of all of the quarterly periodic work programs and any amendments thereto shall be filed simultaneously with the Office of Planning and Budget, the director of the Fis cal Division of the Department of Administrative Services, the state auditor, and the Comptroller General^ and the Office of Legislative Budget Analyst."
Section 9. Said article is further amended by striking Code Section 45-12-84, relating to the review of quarterly work programs and allotments of funds, and inserting in its place a new Code Section 45-12-84 to read as follows:
"45-12-84. (a) The Governor, through the Office of Planning and Budget, shall review the quarterly periodic work programs submitted by the budget units for conform ity to the budget approved by the General Assembly.
(b) The Governor, through the Office of Planning and Budget, shall review the requests for allotment of funds for conformity to the approved quarterly periodic work program."
Section 10. Said article is further amended by striking Code Section 45-12-85, relat ing to the examination and investigation of quarterly work programs, and inserting in its place a new Code Section 45-12-85 to read as follows:
"45-12-85. (a) The Governor shall examine the quarterly periodic work programs and shall make or cause to have made such further investigations by the Office of Plan ning and Budget, with such hearings before him the Governor as he or she deems advis able, and shall direct changes in such provisions of the quarterly periodic work program as fee the Governor finds do not conform to the budget approved by the General Assem bly.
\D) I n.6 (jOV6MlOF 9ntii CX&minC tnc fCQU6S18 tOF flUOtlOdlI Of fUlluS flnfl 9IIGUI mflttC
er eause te have made seh further investigations by-the Office ef- Planning and- Budget,
ftinomits tf& m coniormttnco witn Tn& flpppovcci cjuflrtcrly worlc ppo^rftni'j dnctn cxoctrtc 1119 wftwflnt on i<i6 trcfl8ury lor tnc lunds PCQUostcd fty inc oviduct unit, i jic Liovcrnor through the Office of Planning and Budget shall seek to effect economy, efficiency, and sound fiscal management in reviewing budget allotment requests and may make changes to the budget allotment requests to meet these goals and objectives. Upon determination that the requested budget allotment conforms with the approved work program and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Not withstanding any authorization for expenditure included in an appropriations Act, all appropriations in excess of the approved budget allotments for the budget year, as determined by the Office of Planning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the Office of Legislative Budget Analyst of any such action with appropriate supporting information."
Section 11. Said article is further amended by striking Code Section 45-12-86, relat ing to the proration and allotments of funds, and inserting in its place a new Code Section 45-12-86 to read as follows:
tt At*ej* 1i9t-<ftjf\ij, T^K nco f\jlrt\ajTvCf-TmItiv\m jc-j fuViirrnuiiun-g1-n> fiT/i->icn O v^fifiii/uru- Aor Pclinnniniiiuriting- tntniirul .PDuurulngC-nitf) snih1n01l1l jrjtrrwnrrrtitwtnj
monthly the eemef the state te the eredit ef each appropriation account in the aame

TUESDAY, MARCH 23, 1993

2517

proportion that each appropriation bears te the total appropriations; and; if the amount of tuncts prOFftteo to eftcn QCcount is fls excess 01 *ne ftpppoveo, Dufl^jet ftiiotmcnt-s^ the amount of said surplus shall be credited te a income equalization account by the dirccte* ef the Fiscal Diviaion of the Department ef Adminiatrativc 8crvicca. fe the event tnflt tftc IDcome is instilticienx to malice ft J.uu percent pPOPS,ting to meet trie oiiotmerrts authorized by appropriations, the Office of- Planning ad Budget is authorized te utilize asy balance in th income equalization account te eever the deficiency, and the same 9iiEUi DC cnflp^eQ to me ftccount Dy me director ot trie F iscti uivision 01 tiie uepflptment
the amount ef appropriations. The Governor, during a fiscal year period in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, is authorized to require state agencies to reserve such appropriations as speci fied by the Governor for budget reductions to be recommended to the General Assembly at its next regular session."
Section 12. Said article is further amended by striking Code Section 45-12-88, relat ing to budget units furnishing information to the General Assembly before instituting new programs, and inserting in its place a new Code Section 45-12-88 to read as follows:
"45-12-88. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to each member ef th General Assembly the Budgetary Responsibility Oversight Committee, at least 46 days on September 1 prior to the convening date of the session at which appropriations to finance such pro gram are to be sought, a description of the program, the purposes ef saeh program, the reason er reasons for seeking to institute such program, the operating procedure of such program, the manner in which it conforms to the organization's strategic plan as well as the state strategic plan, and any other information which would be helpful to the members of the General Assembly committee in determining whether or not to appropri ate funds therefor. The members shall also be furnished with the projected cost ef saeh program fer at least each ef the next five fiscal years to implement the program fully."
Section 13. Said article is further amended by adding a new Code section immedi ately following Code Section 45-12-94, to be designated Code Section 45-12-95, to read as follows:
"45-12-95. (a) It is the intent of the General Assembly to encourage state agencies to identify and implement cost-saving measures.
(b) It is the duty of the Office of Planning and Budget to assist state agencies in identifying and implementing measures that provide current services to the public at a reduced cost or improved services to the public at the same cost.
(c) The Office of Planning and Budget is authorized to encourage state agencies to identify and propose cost-saving initiatives by establishing a system of financial incen tives. A cost-saving initiative shall include a description of the proposed action to effect a cost reduction and the proposed use of the resulting savings. A system of financial incentives to encourage agencies to identify and propose cost-saving initiatives shall include the following provisions:
(1) Any agency that implements an approved cost-saving initiative shall be eligible to receive one-half of the resulting savings to be spent on other unfunded or underfunded needs of the agency's own choosing, provided that any such expenditures are consistent with the organization's approved strategic plan and do not create a con tinuing funding requirement in future fiscal years unless approved by the General Assembly in the next appropriations Act.
(2) Where cost savings are one-time in nature, the implementing agency shall be eligible to receive one-half of the savings for one year. Where cost savings result from reductions in continuation spending, the implementing agency shall be eligible to receive one-half of the savings each year for a period of three years. (d) The Office of Planning and Budget must review and approve all proposed costsaving initiatives prior to their implementation for the implementing agency to be eligi ble for receipt of financial incentives. However, as part of this review, the Office of

2518

JOURNAL OF THE HOUSE,

Planning and Budget must consult with a cross section of agencies and the Office of Legislative Budget Analyst.
(e) The Office of Planning and Budget shall maintain records on all approved costsaving initiatives and, with the Governor's approval, shall reflect in the budget report submitted each year to the General Assembly the cost reductions in the affected agen cies' budgets and the resulting financial incentives by agency.
(f) The Office of Planning and Budget shall issue rules and regulations as necessary to implement this program."
Section 14. Said article is further amended by striking Code Section 45-12-175, relat ing to the preparation of long-range development plans by the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-175 to read as follows:
"45-12-175. (a) The Governor, through the Office of Planning and Budget, shall have in continuous process and revision a long-range, comprehensive, state wide develop ment policies pta prepared in the light ef studies, plans, needs, and operations ef very department, agency, ad institution ef state government; local and regional units ef gev-
capobilitica ef the state te undertake and coordinate activities te meet seh existing tad prospective nccda, demands, and opportunities that are identified. Seh development policies plan shall stress atatc wide goals, objectives, and- opportunitica. ft shall be trans-
mittCd tO tnC vjrdlCl"fli ASSCHJOly ftr tftC DC^lIUllH^ Or CflCll 1CIS1fit1VC SC381OH. 81fflt-Cff1C
plan for the state as a whole. This plan shall be updated at least on an annual basis and shall cover a minimum period of time as determined by the Office of Planning and Budget, but not less than five years. It shall have as its primary goal the improved fiscal responsibility and responsiveness of state government and the effective and efficient delivery of services. The goals and strategies contained in this state strategic plan shall be reflected by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government, as respectively applies, in the devel opment of their own strategic plans which specifically deal with their respective future directions and organizational missions. Each strategic plan developed by each depart ment, board, bureau, commission, institution, authority, and other agency of state gov ernment shall contain a description of its future direction; a statement of its organizational mission; a description of the current and anticipated future needs being addressed by its preferred future direction and organizational mission; a description of planned actions designed to address these needs; a description of the goals for the pro gram or services to be improved; a course of action for achieving the planned improve ments, including an implementation timetable; a description of the evaluation system to be used to determine if the goals are being attained; an estimated annual cost for each planned improvement of a program or service; and all other items as the Office of Plan ning and Budget may deem necessary. Each department, board, bureau, commission, institution, authority, and other agency of state government shall submit its own strate gic plan to the Office of Planning and Budget as supporting information for the budget estimates required under Code Section 45-12-78.
(b) The Office of Planning and Budget shall cause to be prepared a series of long' range functional development plans relating tej bttt net ncccaaarily limited tey outdoor recreation, water development, tranaportation, economic development, and ether bread areas ef state rcaponaibility and coordinate the development of strategic plans by departments, boards, bureaus, commissions, institutions, authorities, and other agencies to ensure that the state-wide directions are met. The Office of Planning and Budget shall:
(1) Ensure that the focus of the various plans do not conflict with the general state goals;
(2) Offer assistance to the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government in the design and exe cution of their programs and be the coordinating agency for the separate department or agency proposals;
(3) Phase in implementation by the various departments, boards, bureaus, commis sions, institutions, authorities, and other agencies of state government. By September

TUESDAY, MARCH 23, 1993

2519

1 of 1993 and each year thereafter until all departments, boards, bureaus, commis sions, institutions, authorities, and other agencies have initiated strategic planning, the Office of Planning and Budget shall notify the Budgetary Responsibility Oversight Committee as to which departments, boards, bureaus, commissions, institutions, authorities, and other agencies will initiate strategic planning in the coming year; and
(4) Present such strategic plans, in cooperation with the affected department, board, bureau, commission, institution, authority, or other agency, to the Budgetary Responsibility Oversight Committee. (c) To assist in the development of plans and programs of state government, the Governor, through the Office of Planning and Budget, may request, as appropriate, that each department, agency, and institution of state government designate, from among its employees and officers, a planning officer or representative who shall be responsible for the planning and coordination of the activities and responsibilities of the department, agency, or institution. Such planning officer or representative shall coordinate program plans prepared for each area of program responsibility within his or her agency of the state government."
Section 15. Said article is further amended by striking Code Section 45-12-177, relat ing to the review and establishment of state goals and policies, and inserting in its place a new Code Section 45-12-177 to read as follows:
"45-12-177. (a) The Office of Planning and Budget shall have the power and duty to review and consider immediate and long-range state agency proposals, goals, and directions and to establish state-wide goals and policies.
(b) The Governor, through the Office of Planning and Budget, shall prepare an annual policy document to reflect the state strategic plan and address state-wide goals, objectives, and opportunities. Such policy document shall be transmitted to the General Assembly at the beginning of each legislative session beginning with the 1994 session."
Section 16. Said article is further amended by striking Code Section 45-12-178, relat ing to the preparation and updating of a development program, and inserting in its place a new Code Section 45-12-178 to read as follows:
"45-12-178. (a) The Office ef Planning and Budget snaH provide for the preparation
Or ft ST/fltC QCVClOpQICWt pfOJFft111 fitld ftft flmiUfti Updflt/1n tO gUl&C 918.1-6 pfO^PQJU3 STIQ
opetfttions m order tftflt sucti pro^fftiris diid ope?fttions snftii m&Ke inftximuEft contpiDU"
and its eitizcna. It is the intent of the Governor and the General Assembly that taxpay ers' money be spent in the most effective and efficient manner possible in order to obtain the maximum benefit from such expenditures. In furtherance of this objective, the Governor, through the Office of Planning and Budget, shall assist the General Assembly in establishing an ongoing review and evaluation of all programs and functions in state government.
(b) The state development program shall indicate projections and measures to be wiuiin d 9ix~yeflr period TO implouient ion~rftRe policies ftnd pro[F&HIS ot tiie &.ftd) witiiouT limiting tftc ^cncrfliity of me toFe^owi^ rt snow provide! w itiiin J.D
days after the legislative session is adjourned each year, the presiding officers of both the House of Representatives and the Senate shall identify and present to the Governor a list of those programs for which program evaluations are requested.
4W--Objectives of existing and planned programs; 42)--Alternative solutions te existing and recommended programs; and {3)--Expenditure plans, including coats ef implementing- such plans, fer existing andrecommended programs. (c) The Governor shall submit the state development program te tne General Asscm bly at the same time he submits his proposed budget. The Office of Planning and Bud get and the Department of Audits shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and

2520

JOURNAL OF THE HOUSE,

Budget and the Department of Audits, as requested, in the performance of these evalua tions. The Office of Planning and Budget and the Department of Audits are also autho rized to contract with private contractors to perform, or assist in the performance of, these evaluations.
(d) The Office of Planning and Budget and the Department of Audits shall report to the Budgetary Responsibility Oversight Committee by August 31 of each year on the results of its program evaluations. Such reports shall include:
(1) Appropriate background information on the affected program, including how and why it was initiated, its functions, what group it serves, how it is organized struc turally and geographically, what is its staff size and composition, and what is its work load;
(2) Financial information including the source and amounts of funding and unit costs, where applicable;
(3) A description of the program's mission, goals, and objectives and an assessment of the extent to which the program has performed in comparison;
(4) Comparisons with other applicable public and private entities as to their expe riences, service levels, costs, and staff resources required;
(5) Recommendations concerning the program, including whether it should be con tinued as it is currently operated, continued with identified steps to remediate defi ciencies or institute improvements, or discontinued. Consideration should also be given to possible privatization or consolidation with other similar programs; and
(6) Such other information as is identified as appropriate. (e) It is the intent of the General Assembly that all programs be evaluated at least every ten years."
Section 17. Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions regarding legislative financial affairs, is amended by adding a new Code section at the end thereof, to be designated Code Section 28-5-5, to read as follows:
"28-5-5. (a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each even-numbered year and shall serve until their successors are appointed, except that the initial members of the committee shall be selected within 30 days after the effective date of this Code section and shall serve until their successors are selected in January of 1994.
(b) The Speaker of the House shall appoint a member of the committee to serve as chairperson and the President of the Senate shall appoint members of the committee to serve as vice chairperson and secretary during each even-numbered year. The Presi dent of the Senate shall appoint a member of the committee to serve as chairperson and the Speaker of the House shall appoint members to serve as vice chairperson and secre tary during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson.
(c) It shall be the duty of such committee to consult with the Governor and the Office of Planning and Budget concerning the development and implementation of the strategic planning process, the development of outcome measures for program evalua tion, and the implementation of related actions.
(d) It shall be the duty of such committee to review and evaluate the following: (1) Information on new programs submitted in accordance with Code Section
45-12-88; (2) The continuation budget report submitted in accordance with Code Section
45-12-75.1; (3) The strategic plans for the state and individual departments submitted by the
Office of Planning and Budget; (4) Program evaluation reports submitted in accordance with Code Section
45-12-178;

TUESDAY, MARCH 23, 1993

2521

(5) Information or reports to be submitted by the Office of Planning and Budget identifying moneys received and purposes for which moneys are expended in any case in which the receipt or expenditure is not contemplated by an appropriations Act; and
(6) Such other information or reports as deemed necessary by such committee. (e) The Office of Planning and Budget and the head of each budget unit shall coop erate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the conven ing of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legisla tive members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate."
Section 18. Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to legislative procedures for fiscal legislation, is amended by striking Code Section 28-5-42, relating to introduction of bills and fiscal notes, and inserting in its place a new Code Section 28-5-42 to read as follows:
"28-5-42. (a) Any bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council, committee, commis sion, or other state agency must be introduced no later than the twentieth day of any session. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits by December 1 of the year preced ing the annual convening of the General Assembly in which the bill is to be introduced. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must be introduced no later than the twentieth day of any session. This article shall not apply to any local bill affecting a county or munici pality which must be advertised in accordance with the requirements of Code Section 28-1-14, relating to the advertisement of local legislation.
(b) In the event any bill as provided in this Code section is introduced after the pre scribed time limit, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives.
(c) The chairman chairperson of the committee to which any such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to furnish a submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the legislative budget analyst. The principal adminis trative and fiscal officers of all departments, boards, councils, committees, commissions, and other agencies of the state government and, when applicable, of counties, municipal ities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the preparation of such fiscal notes.
(d) The fiscal note required by subsection (c) of this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly.

2522

JOURNAL OF THE HOUSE,

Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The chairman chair person shall make such request after such bill is referred to his or her committee; and the request shall be complied with by the director of the Office of Planning and Budget and the state auditor within five days after receipt of such request. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation, they shall so inform the chairman chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made."
Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 20. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Channell of the lllth moves to amend the Committee substitute to SB 335 as follows:
Line 20, page 29 add after the word "session." the following:
"The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced".

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

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

Y Coker Y Coleman,B N Coleman.T N Colwell
Connell NCox Y Crawford Y Crews N Culbreth N Cummings
Davis.G Y Davis.M Y Dickinson YDix N Dixon.H N Dixon,S
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 N Harris.M

NHart N 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 Y Johnson,E Y Johnson.G N Johnson,J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly N Lane,D
N Lane,R Y Lawrence
N Lawson NLee Y Lewis NLord

Lucas Y Maddox
Mann N Martin N McBee N McClinton
McKinney.B N Milam Y Mills N Mobley.B N Mobley,J N Moore N Mosley N Mueller N Oliver N O'Neal Y Orrock N Padgett
Far ham N Parrish
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 Y Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield N Skandalakis N Skipper Y Smith,C N Smith,L N Smith.P N Smith.T Y Smith.V N Smith,W N Smyre NSnow N Stancil.F Y Stancil,S
N Stanley,L N Stanley,? Y Stephenson
N Streat N Taylor
Teague NTeper N Thomas.C N Tillman Y Titus Y Towery

TUESDAY, MARCH 23, 1993

2523

N 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

On the adoption of the amendment, the ayes were 55, nays 108. The amendment was lost.

Y Yates Yeargin
Murphy.Spkr

The following amendment was read:
Representative Lawrence of the 64th moves to amend the Committee substitute to SB 335 as follows:
By inserting between line 32 and 33 on page 3 the following: "(12) Periodic means such time span as decided by the Office of Planning and Bud get but no greater than annually." By renumbering the remaining subparagraphs accordingly.

On the adoption of the amendment, 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 Y Brooks.D N Brooks.T
Brown NBuck N Buckner Y Bunn Y Burkhalter
NByrd Y Campbell
N Canty N Carlisle N Carrell N Carter N Cauthorn
N Chambless N Chandler Y Channell N Childera Y Clark Y Coker Y Coleman,B N Coleman.T

N Colwell Connell
YCox Y Crawford Y Crews N Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix Y Dixon.H N Dixon.S
Dobbs 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 YHart N Heard Y Hegstrom Y Hembree N Henson N Holland

N Holmes
N Howard N Hudson N Hughes
N Hugley N James Y Jamieson N 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 Y Lewis NLord
Lucas Y Maddox
Mann N Martin N McBee N McClinton
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
Patten
Y Pelote N Perry Y Pinholster YPoag N Polak Y Porter Y Poston N Powell N Purcell NRandall
N Randolph NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins Y Shanahan Y Sherrill
N Shipp N Simpson N Sinkfield Y Skandalakis
N Skipper

On the adoption of the amendment, the ayes were 72, nays 97. The amendment was lost.

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

The following amendment was read and adopted:

Representative Walker of the 141st, et al. move to amend the Committee substitute to SB 335 as follows:

2524

JOURNAL OF THE HOUSE,

By adding a new Section 17 to read:
"Department heads shall respond, in writing, within 90 days of the receipt of the report to recommendations and findings by the Office of Planning and Budget or the Department of Audits setting forth in detail the action to be taken by said Department to address the recommendations and findings. Said written response shall be made to the Office of Planning and Budget, the Department of Audits, and the Budgetary Responsibility Oversight Committee" and by renumbering the following sections accord ingly.

The following amendment was read:

Representative Groover of the 125th moves to amend the Committee substitute to SB 335 as follows:
Add on line 1 page 17 before "changes" the word "such" and by adding after "objec tions" on line 3 page 17 the following:
"and which are consistent with and subject to the method and provisions contained in the General Appropriation Act."
And by adding after "analyst" on page 17 the following:
"and the Budget Responsibility Oversight Committee".
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 Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick
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 N 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 N Dickinson YDix
Y Dixon.H Y Dixon.S
Dobbs N 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 N Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y James N Jamieson Y Jenkins
Johnson.D.H Y Johnson,E Y Johnson.G Y Johnson.J N 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 Mann
Y Martin
Y McBee Y McClinton
McKinney,B YMilam 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 Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak N 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 Simpaon Y Sinkfield Y Skandalakis Y Skipper

On the adoption of the amendment, the ayes were 154, nays 12. The amendment was adopted.

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 Y Teper Y Thomas,C Y Tillman Y Titus Y Towery Y Trense Y Tumquest YTwiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmoreland
White Y Williams,B Y WiUiams,R YYates Y Yeargin
Murphy ,Spkr

TUESDAY, MARCH 23, 1993

2525

The following amendment was read:

Representatives Pinholster of the 15th and Coleman of the 142nd move to amend the Committee substitute to SB 335 by striking the quotation marks at the end of line 32 of page 28.
By adding immediately after line 32 of page 28 the following:
"(h) The committee shall be authorized to request that a performance audit be con ducted for any department which the committee deems necessary.'"

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 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 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 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
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 Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox
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 N 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
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

On the adoption of the amendment, the ayes were 164, nays 4. The amendment was adopted.

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
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

The following amendment was read:

Representative Pinholster of the 15th moves to amend the Committee substitute to SB 335 by adding ", at least one of whom shall be from the minority party," at the end of line 2 of page 27.
By adding ", at least one of whom shall be from the minority party" between "Sen ate" and the period on line 4 of page 27.

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

2526

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins N Bailey
Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove
Y Brooks.D Y Brooks.T
Brown NBuck
N Buckner Y Bunn
Y Burkhalter N Byrd 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 Connell
NCox Y Crawford Y Crews N Culbreth N Cummings
Davis.G Y Davis.M Y Dickinson YDix N Dixon.H
N Dixon.S 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
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 Y Howard N Hudson N Hughes N Hugley N James Y Jamieson N 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
Lane.R Y Lawrence Y Lawson NLee N Lewis NLord N Lucas Y Maddox
Mann N Martin N McBee N McClinton
McKinney,B N Milam Y Mills

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

On the adoption of the amendment, the ayes were 68, nays 97. The amendment was lost.

N Smith.C N Smith.L Y Smith,? N Smith.T Y Smith, V Y Smith, W
N Smyre YSnow
N Stancil,F Y Stancil.S N Stanley,L Y Stanley,? Y Stephenson
N Streat N Taylor
Teague N Teper N Thomas.C N Tillman Y Titus
Y Towery Y Trense
Turnquest
N 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

The following amendment was read and adopted:

Representative Coleman of the 142nd moves to amend the Committee substitute to SB 335 as follows:
On page 18 line 6 by inserting between the word "during" and "a" the following:
"the first six months of.

The following amendment was read:

Representative Turnquest of the 73rd, et al. move to amend the Committee substitute to SB 335 by adding following "notes;" on line 26 of page 1 the following:
"to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs, so as to impose requirements for the awarding of grants by the state; to provide a short title; to provide for definitions; to provide for applicability; to pro mote fairness and openness in the awarding and disbursement of state grants; to provide for rules and regulations; to provide for publication, retention, filing, and inspection of notices; to provide for practices and procedures; to provide that certain grants shall be void and shall be refunded to the state agency making the grant; to provide for audits; to provide for requirements for the appropriation of funds;".
By striking the words "to provide an effective date" and inserting in lieu thereof "to provide effective dates" on line 27 of page 1.
By adding between lines 23 and 24 of page 31 the following:

TUESDAY, MARCH 23, 1993

2527

"Section 19. Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs, is amended by adding at the end thereof a new Article 5 to read as follows:
'ARTICLE 5
28-5-120. This article shall be known and may be cited as the "Fair and Open Grants Act of 1993."
28-5-121. As used in this article, the term:
(1) "Grant" means any line item appropriation of funds that will be disbursed for a public purpose of which such amount, purpose, and recipient is not identified in the Appropriation Act. For the purposes of this Code section, "grant" shall not include:
(A) Disbursements made pursuant to the Quality Basic Education formula; (B) Disbursements made pursuant to the board of regents funding formula; (C) Any grant, by law, which is apportioned entirely by formula; (D) Common object classes excluding per diem, fees, and contracts; (E) Disbursements made through the Governor's Emergency Fund; or (F) Any disbursements made pursuant to an emergency.
(2) "State agency" means any department, agency, bureau, commission, or like unit of organization of state government and any state authority.
28-5-122. Before any state agency may make any grant of public funds or of funds otherwise within its power of disposition, the state agency must publish a description of the grant program in the Official Compilation of the Rules and Regulations of the State of Georgia and the Secretary of State shall make such descriptions available for convenient public inspection. The description must contain at least the following:
(1) The name of the grant program; (2) The citation to the statutory basis for the grant program in the Official Code of Georgia Annotated or other general law of the State of Georgia; (3) The general scope and purpose of the grant program; (4) General terms and conditions of the grant; (5) Eligible recipients of the grant; (6) The criteria for the award of the grant; and (7) Directions and deadlines for applying for such grant.
28-5-123. (a) No grant shall be awarded except upon wr *ten application which demonstrates in specific terms how the applicant is eligible and satisfies the criteria. All grants shall be disbursed pursuant to grant agreements which state in specific terms the amount and purposes of the grant and the other terms and conditions of the grant.
(b) No grant by the executive branch of state government shall be awarded or dis bursed solely upon the recommendation, request, or direction of an officer, member, or employee of the legislative or judicial branch of state government. The award and disbursement of any grant shall be determined independently by the state agency.
28-5-124. Before December 31 of each calendar year, each state agency shall com pile and file with the Secretary of State a list of grants awarded and disbursed in the prior fiscal year, reporting the recipient, grant program by name, specific purpose, and amount. The Secretary of State shall maintain a register of such lists and make them available for convenient public inspection.
28-5-125. Any recipient of a grant made by a state agency shall be subject to audit by the state auditor for the purpose of confirming compliance with state law and the performance of the terms of the grant.

2528

JOURNAL OF THE HOUSE,

28-5-126. Any grant made in violation of this article shall be void. In addition to any other remedy provided by law, no recipient of a void grant shall be eligible for the award or disbursement of any other grant by a state agency until the full amount of the void grant is refunded to the state agency.
28-5-127. Any funding for grants in an appropriations Act by the General Assem bly shall be separately appropriated, and the appropriation shall contain the word "grant" in its description of the purpose of the appropriation. All appropriations for grants by a particular state agency shall be listed together under a heading that con tains the word "grant" or "grants.""'.
By redesignating Sections 19 and 20 as Sections 20 and 21, respectively.
By striking line 24 of page 31, the newly redesignated Section 20, and inserting in lieu thereof the following:
"Section 20. Section 19 of this Act shall become effective on July 1, 1993, and the remaining sections of this Act shall become effective upon".

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

Y Ashe
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 Y Brooks.D Y Brooks.T
Brown NBuck Y Buckner Y Bunn Y Burkhalter NByrd Y Campbell
Y Canty Y 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 Cox
Y Crawford Y Crews N Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson
YDix N Dixon.H N Dixon.S
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 NHart N Heard Y Hegstrom Y Hembree N Henson Y Holland

N Holmes
Y Howard N Hudson N Hughes Y Hugley N James Y Jamieson N 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 Y Lakly Y Lane.D N Lane.R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas Y Maddox
Mann N Martin N McBee N McClinton
McKinney.B N Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore N Mosley Y Mueller N Oliver Y O'Neal
Orrock Y Padgett N Parham N Parrish
Patten Y Pelote
N Perry Y Pinholster
YPoag Y 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 Y Shipp N Simpson N Sinkfield Y Skandalakis N Skipper

On the adoption of the amendment, the ayes were 86, nays 80. The amendment was adopted.

Y Smith.C Y Smith.L Y Smith,P N Smith,T Y Smith,V Y Smith,W YSmyre NSnow N StanciLF Y Stancil.S Y Staniey.L N Stanley.P N Stephenson N Streat Y Taylor
Teague YTeper N Thomas.C Y Tillman N Titus
Towery Y Trense Y Turnquest N Twiggs Y Vaughan N Walker YWall N Watson N Watts Y Westmorland Y White Y Williams.B
Williams.R Y Yates N Yeargin
Murphy,Spkr

Representatives Atkins of the 29th, Towery of the 30th and Williams of the 114th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

TUESDAY, MARCH 23, 1993

2529

Representative Hughes of the 19th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Coleman of the 142nd moves to amend the Committee substitute to SB 335 as follows:
By striking on page 13, line 23 beginning with the word "any" and ending on line 27 with the word "appropriations."

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

Y Ashe Y Atkins
Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove
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 Channel! Y Childers N Clark Y Coker
Y Coleman.B Y Coleman.T

Y Colwell Connell
YCox N Crawford N Crews Y Culbreth
Cummings Davis.G Davis,M Y Dickinson YDix Y Dixon.H Y Dixon,S Dobbs Y Dover N Ehrhart YEpps N Evans N 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 N Harris.M
Hart Y Heard N Hegstrom N Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y James
Jamieson
Y Jenkins Johnson.D.H
N Johnson,E N Johnson.G Y Johnson,J Y Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein NLadd Y Lakly Y Lane,D Y LaneJR N Lawrence Y Lawson YLee Y Lewis YLord Y Lucas N Maddox
Mann Y Martin
McBee Y McClinton
McKinney,B Y Milam Y Mills

Y Mobley,B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver
O'Neal Y Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
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 N Smith.V N Smith,W YSmyre YSnow Y Stancil.F N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas.C Y Tillman Y Titus N Towery
Trense Y Turnquest Y Twiggs Y Vaughan N Walker YWall Y Watson Y Watts N Westmorland Y White Y Williams.B Y Williams,R N Yates Y Yeargin
Murphy.Spkr

On the adoption of the amendment, the ayes were 134, nays 26. The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

Y 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

2530

JOURNAL OF THE HOUSE,

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 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 Ployd,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 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
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 YPoag Y Polak Y Porter
Y Postal 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
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, by substitute, as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 273. By Senators Pollard of the 24th and Ray of the 19th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide that no municipal inmate shall be deemed to be an employee for purposes of obtaining workers' compensation benefits; to provide an effective date.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions regarding workers' compensation, so as to provide that an inmate or person participating in a work release or similar program shall not be deemed to be an employee for purposes of obtaining workers' compensation benefits; to provide standards for substitute systems of workers' compensation; to provide for joint approval of any such system by the State Board of Workers' Compensation and the Commissioner of Insurance; to provide for the termination of such system; to authorize rules and regula tions; to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to provide for the amount of payment of claims under policies written to provide workers' compensation ben efits under Chapter 9 of Title 34; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions regarding workers' compensation, is amended by strik ing paragraph (2) of Code Section 34-9-1, relating to definitions, in its entirety and inserting in lieu thereof the following:

TUESDAY, MARCH 23, 1993

2531

"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that noth ing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include his legal representatives, dependents, and other persons to whom compen sation may be payable pursuant to this chapter. All firefighters, law enforcement person nel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firelighter of any county or municipality of this state, but only for services rendered in
such capacity which are not prohibited by Code Section 38-3-36 and only if the govern ing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volun
teer law enforcement personnel of any county or municipality of this state who are certi
fied by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity which are not prohibited by Code Sec tion 38-3-36 and only if the governing authority of the county or municipality for which
such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service,
or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, ren
dered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of
Human Resources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder for any volun
teer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of
such responders. The various elected county officers and elected members of the govern ing authority of an individual county shall also be included in this definition, if the gov
erning authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health
agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage,
members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has
a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such
person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the
insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent
contractor. Inmates or persons participating in a work release program, community ser vice program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall
not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for
private gain in violation of Code Section 42-1-5 or Code Section 42-8-70."

2532

JOURNAL OF THE HOUSE,

Section 2. Said article is further amended by striking Code Section 34-9-14, relating to substitute systems of compensation, and inserting in its place a new Code Section 34-9-14 to read as follows:
"34-9-14. (a) Subject to the joint approval of the board and the Commissioner of Insurance, any employer may enter into or continue any agreement with feis its employ ees to provide a system of compensation, benefit, or insurance in lieu of the compensa tion and insurance provided by this chapter. No such substitute system shall be approved unless it confers benefits pen injured employees at teast equivalent te the DGiiGiifcS proviQcu oy tins cuflptcp noi% tt IT FGQU1P6S contPi Diition ipoift tilc cinployccs(
mensurate with saeh contribution, complies with the following requirements: (1) The benefits provided for injured employees must at least equal the benefits
required by this chapter; (2) Except as provided in Code Section 34-9-122.1, no contributions may be
required from employees unless the substitute system of compensation confers bene fits in addition to this chapter and the contributions are applied to the additional benefits;
(3) The system must contain all provisions required of a standard policy of work ers' compensation insurance issued in this state, including a workers' compensation benefits policy and an employer liability policy, and one of these policies may not be canceled independently of the other policy;
(4) Any substitute system shall be required to file statistical data which would be required with regard to a standard policy of workers' compensation insurance: and
(5) Such other standards as are necessary to ensure the compliance of such substi tute system with the provisions of this chapter as are jointly promulgated by rule or regulation of the State Board of Workers' Compensation and the Commissioner of Insurance. (b) Such substitute system may be terminated by the board on reasonable notice and hearing to the interested parties if it shall appear that the system is not fairly adminis tered or if its operation shall disclose defects threatening its solvency or if for any sub stantial reason it fails to accomplish the purpose of this chapter and is not in compliance with the provisions of this Code section; and in this case the board shall determine the proper distribution of all remaining assets, if any, subject to the right of any party at interest to take an appeal to the superior court of the county wherein the principal office or chief place of business of the employer is located. (c) It is the specific intent of the General Assembly that any alternative system of worker's compensation which is approved by the board and the Commissioner of Insur ance pursuant to this Code section shall preserve an employer's immunity from civil action resulting from an injury which is compensable under this chapter as provided in Code Section 34-9-11, and the provisions of this Code section shall not be construed to the contrary."
Section 3. Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, is amended by striking paragraph (9) of Code Section 33-38-7, relating to the powers and duties of the association generally, and inserting in its place a new paragraph (9) to read as follows:
"(9) The contractual obligations of the insolvent insurer for which the association becomes or may become liable shall be as great as, but no greater than, the contractual obligations of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4) of this Code section. With respect to any one contract holder covered by an unallocated annuity contract, the association shall be liable for not more than $5 million in benefits irrespective of the number of such contracts held by that contract holder. With respect to any other cov ered policy, the aggregate liability of the association on any one life shall not exceed $100,000.00 with respect to the payment of cash values or $300,000.00 for all benefits including cash values; provided, however, that with respect to claims under policies written to provide benefits as required under Chapter 9 of Title 34, relating to worker's

TUESDAY, MARCH 23, 1993

2533

compensation, such claims shall be in the full amount as provided by such chapter: and".
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Buck of the 135th and Smyre of the 136th move to amend the Com mittee substitute to SB 273 by adding on line 6 of page 1 after the word and symbol "ben efits;" and before the word "to" the following:
"to provide exceptions;".
By adding on line 11 of page 1 after the word and symbol "regulations;" and before the word "to" the following:
"to provide for intent and construction;".
By striking the period on line 25 of page 4 and inserting in lieu thereof the following:
"or unless the municipality or county had voluntarily established a policy, on or before January 1^ 1993, to provide workers' compensation benefits to such individuals.".

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 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
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
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
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
Lawson YLee Y Lewis YLord

Y Lucas Y Maddox
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 Y Padgett
Parham Y Parrish
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
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkiield 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
Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery

2534

JOURNAL OF THE HOUSE,

Y Trense Turnquest
Y Twiggs

Y Vaughan Y Walker
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 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to pro vide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by the guardian of the person of the child or the guardian of the property of such minor; to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution in general, so as to provide that any por tion of an estate to which a minor is entitled under the laws of descent and distribution shall be held by the guardian of the person of the child or the guardian of the property of such minor; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, is amended by striking subsection (d) of said Code section and inserting in lieu thereof the following:
"(d) (1) ytte surviving spease ahaB held any Any amount recovered under subsec tion (a) of this Code section subject te the tew ef descents, as tf it were personal prep-
be equally divided, share and share alike, between the surviving spouse and the chil dren per capita, and the descendants of children shall take per stirpes, provided that any such recovery shall be equally divided, share and share alike, between Ate surviv ing spease and the children per capita, and the descendants ef children shall take per stirpcs. to which a minor child is entitled shall be held by the guardian of the person of the child with bond in the discretion of the probate court if the net recovery equals less than $15,000.00 and the guardian of the property of such child so long as the net recovery equals $15,000.00 or more.
(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-fourth of such recovery as such spouse's share."
Section 2. Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Anno tated, relating to descent and distribution in general, is amended by adding a new Code section at the end thereof to read as follows:
"53-4-18. Any portion of an estate to which a minor child is entitled under Code Sec tion 53-4-2 shall be held by the guardian of the person of the child with bond in the discretion of the probate court if the net recovery equals less than $15,000.00 and by

TUESDAY, MARCH 23, 1993

2535

the guardian of the property of such child so long as said property has a fair market value of $15,000.00 or more."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Cox of the 160th was read and adopted:

A BILL
To amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to pro vide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by the natural guardian of the child if the amount is $15,000.00 or less or the guardian of the property of such minor if the amount is $15,000.00 or more; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, is amended by striking subsection (d) of said Code section and inserting in lieu thereof the following:
"(d) (1) The surviving spouse shall held ey Any amount recovered under subsec tion (a) of this Code section subject te the tew of descents, as if rt were personal prepCFty descending from tiic decedent to me surviving spouse ftnd to* trie Cniidfen sn&ii be equally divided, share and share alike, between the surviving spouse and the chil dren per capita, and the descendants of children shall take per stirpes, provided that any such recovery shall be equally divided, share and share alike, between the surviv ing spettse aad the children per capita, ad the descendants ef children shall take per stirpcs. to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same: and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child.
(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-fourth of such recovery as such spouse's share."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barries Y Bates Y Benefield
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 Cravrford 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
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

2536

JOURNAL OF THE HOUSE,

YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson
Lee Y Lewis YLord Y Lucas Y Maddox
Mann Y Martin Y McBee Y McClinton
McKinney,B Milam Y Mills

Y Mobley.B Mobley.J
Y Moore Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry Y Pinholster
YPoag Y Polak
Porter

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 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
Streat Y Taylor
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 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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Sinkfield of the 57th moved that the House adhere to its position in substituting SB 26 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker Pro Tern has appointed as a Committee of Conference on the part of the House the following members:
Representatives Sinkfield of the 57th, Martin of the 47th and Baker of the 70th.

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 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.

TUESDAY, MARCH 23, 1993

2537

The President has appointed on the part of the Senate the following: Senators Blitch of the 7th, Henson of the 55th and Hooks of the 14th.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Appropriations and referred to the Committee on Industry:

HB 1145.

By Representative Skipper of the 137th:
A bill to amend Code Section 36-82-61 of the Official Code of Georgia Anno tated, relating to definitions relative to revenue bonds, so as to provide for the issuance of revenue bonds for the purpose of construction of telecommu nications systems.

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 331. By Representative Byrd of the 170th:
A resolution to create the Study Committee on Employee Training in the Construction Industry.

The following Committee substitute was read and adopted:

A RESOLUTION
To create the Study Committee on Employee Training in the Construction Industry; to provide for the membership and the method of appointment of such committee; to pro vide for the duties and responsibilities of such committee; to authorize the Georgia Department of Adult and Technical Training to provide staff to such committee; and for other purposes.
WHEREAS, the construction industry comprises approximately 10 percent of the gross national product in the United States and is responsible for employing thousands of people in the State of Georgia; and
WHEREAS, qualified and skilled employees and craftspeople are necessities in the construction industry; and
WHEREAS, construction companies of all trades throughout the State of Georgia are facing an ever-increasing problem in attracting and hiring trained and skilled employees at all levels; and
WHEREAS, there are not enough sufficiently trained construction workers to fill the current demand, much less the demand in the next century; and
WHEREAS, the workers of tomorrow must be trained in basic construction skills and be able to keep up with the technological changes of the future; and
WHEREAS, while there has been a slowdown in construction industry activities in recent years, the demand for skilled craftspeople is ever present and increasingly impor tant; and
WHEREAS, the average age of the journeyman carpenter is 57 years; and
WHEREAS, the resources of trained workers must come from our local high schools and postsecondary schools; and

2538

JOURNAL OF THE HOUSE,

WHEREAS, the citizens of the State of Georgia have a right to construction which is safe and built with quality; and
WHEREAS, the State of Georgia must become more involved in solving the enormous training dilemma; and
WHEREAS, the State of Georgia must continue to develop programs which address the craft training needs of the construction industry; and
WHEREAS, these programs must begin at the secondary level of education and con tinue to the vocational-technical schools; and
WHEREAS, it is understood that school counselors should encourage students to pur sue college programs but that they must also be given credit for placing students in vocational-technical programs; and
WHEREAS, it is the job of both the state and private enterprise to market the con struction industry and attract young people to enter this field of endeavor; and
WHEREAS, the state's further role should be to offer cost-effective programs which could be designed with input from a coalition of members of the construction industry; and
WHEREAS, through a coalition of construction related associations and agencies in state government which are involved in training, education, and construction related endeavors, a solution might be found.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES:
Section 1. (a) That there is created the Study Committee on Employee Training in the Construction Industry. The committee shall be composed of 12 members as follows:
(1) (A) The chairperson of the House Education Committee or his designee; (B) The chairperson of the House Industry Committee or his designee; and
(2) One member appointed by the Governor from or to represent each of the fol lowing organizations or interested groups:
(A) Associated Builders and Contractors, Georgia Chapter; (B) Associated General Contractors, Georgia Chapter; (C) American Subcontractors Association; (D) Conditioned Air Association of Georgia; (E) Georgia Equipment Distributors Association; (F) Georgia Utility Contractors Association; (G) Georgia Fire Sprinkler Association; (H) Georgia Department of Adult and Technical Training; (I) Georgia Municipal Association; and (J) Association County Commissioners of Georgia. (b) The chairperson of the Senate Education Committee and the chairperson of the Senate Science, Technology, and Industry Committee, or their respective designees, are also invited and encouraged to join the committee and take part in the committee's delib erations and recommendations. (c) The chairperson of the House Industry Committee or his designee shall be the chairperson of the committee.
Section 2. (a) That the committee shall meet to discuss ways in which the problems described in this resolution might be resolved and to investigate any methods by which the State of Georgia through its educational system might work with the construction industry to solve these problems.
(b) That the committee may investigate the practices of other states with regard to employee training in the construction industry. Based upon its study, the committee may recommend to the General Assembly any suggestions which it might have as to what legis lation might be amended or introduced that may assist in addressing this problem.

TUESDAY, MARCH 23, 1993

2539

Section 3. That the committee may contract with units of the University System of Georgia to provide staff to the committee and to perform research and write reports as directed by the committee.
Section 4. That the committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effec tively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall not receive the allowances authorized for legislative members of interim legislative committees. The committee shall meet for not more than five days unless additional days are authorized. The funds neces sary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made to the Governor and the General Assembly 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.
On the adoption of the Resolution, 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
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
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 Dickinaon 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
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
Ladd Y Lakly Y Lane.D
Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox
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
Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag 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 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 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 Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy ,Spkr

On the adoption of the Resolution, by substitute, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representative Ladd of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

2540

JOURNAL OF THE HOUSE,

SB 358. By Senators Perdue of the 18th, Robinson of the 16th, Edge of the 28th and Oliver of the 42nd:
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 authorize the juvenile courts to use supervision fees to provide mediation services; to pro vide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
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
Connell YCox
Y Crawford Y Crews
Culbreth Y Cummings
Davis.G
Y Davis,M Y Dickinson YDii Y Dixon.H Y Dixon,S YDobbs Y Dover Y Ehrhart YEpps Y Evans Y Felton
Y FloydJ.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
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 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 Maddox 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 Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter
Poston Y 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
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 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.

The Speaker assumed the Chair.

SB 315. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to create the office of senior magis trate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the com position of the Council of Magistrate Court Judges; to provide for compensa tion for senior magistrates.

The following Committee substitute was read and adopted:

TUESDAY, MARCH 23, 1993

2541

A BILL
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to increase the maximum allowable fine for violation of ordi nances of counties and state authorities; to create the office of senior magistrate; to pro vide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the composition of the Council of Magistrate Court Judges; to provide for compensation for senior magistrates; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in its entirety Code Section 15-10-60, relating to the applicability of Article 4 of Chapter 10 of Title 15, and inserting in lieu thereof a new Code Section 15-10-60 to read as follows:
"15-10-60. This article governs trials of violations of county ordinances and ordi nances of state authorities, which violations may be punished by incarceration or mone tary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $600.00 $1,000.00 or 60 days' imprisonment or both, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance."
Section 2. Said chapter is further amended by inserting at the end thereof the fol lowing:
"ARTICLE 11
15-10-220. There is created the office of senior magistrate. Subject to the approval of the governing authority, any chief magistrate of this state may appoint to the office of senior magistrate any retired chief magistrate, magistrate, or judge who prior to retirement served at least eight consecutive years as chief magistrate or magistrate, or a combination of such offices, or served eight consecutive years as a judge of a court of record or juvenile court, or a combination of such offices. A senior magistrate need not be a member of the State Bar of Georgia, unless required by local law. The term of an appointment made pursuant to this Code section shall not exceed the current term of the appointing officer.
15-10-221. Upon the request of any chief magistrate of this state, a senior magistrate may discharge all of the duties of a magistrate and may assume and exercise all of the jurisdiction, power, and authority of a magistrate.
15-10-222. Before entering on the duties of his or her office, a senior magistrate shall subscribe before the judge of the probate court in which he or she is first appointed the oath prescribed in Code Section 45-3-1 and the following oath:
'I swear or affirm that I will duly and faithfully perform all the duties required of me as senior magistrate and that I will support the Constitution of the United States and the Constitution of Georgia.' 15-10-223. In order to maintain the status of senior magistrate, a senior magistrate shall complete the 20 hours of training provided for in subsection (c) of Code Section 15-10-137 in each calendar year in which he or she serves as a senior magistrate."
Section 3. Said chapter is further amended by striking in its entirety Code Section 15-10-7, relating to the Council of Magistrate Court Judges, and inserting in lieu thereof the following:
"15-10-7. (a) There is created a council of magistrate court judges to be known as the 'Council of Magistrate Court Judges.' The council shall be composed of the chief magistrateSj aed magistrates2 and senior magistrates of the magistrate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president,

2542

JOURNAL OF THE HOUSE,

a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district. No senior magistrate shall serve as an officer of the council or as a regular representative of a judicial administra tive district to the executive committee of the council.
(b) It shall be the purpose of the council to effectuate the constitutional and statu tory responsibilities conferred upon it by law, to further the improvement of the magis trate courts and the administration of justice, to assist the chief magistrates2 toad magistratesz and senior magistrates throughout the state in the execution of their duties, and to promote and assist in the training of chief magistrates^ and magistrates^ and sen ior magistrates.
(c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that pur pose, or from other appropriate sources."
Section 4. Said chapter is further amended by inserting at the end of Code Section 15-10-23, relating to minimum compensation for chief magistrates and magistrates, the fol lowing:
"(h) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the compensation paid to the magistrate of the county; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates."
Section 5. Said chapter is further amended by striking in its entirety Code Section 15-10-25, relating to training requirements for magistrates, and inserting in lieu thereof the following:
"15-10-25. (a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter. All senior magistrates shall periodically satisfactorily complete a training course as provided in Code Section 15-10-223.
(b) The Georgia Magistrate Courts Training Council shall keep records of training completed by magistrates and senior magistrates.
(c) Subject to the provision of Code Section 15-10-24, if any magistrate or senior magistrate does not satisfactorily complete the required training in any year, the Georgia Magistrate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend removal of the magistrate from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the magistrate or senior magistrate.
(d) The reasonable costs and expenses of such training shall be paid by the county governing authority from county funds."
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 Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield
Birdsong Bordeaux
Y Bostick Y Breedlove

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

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

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

Y Floyd,J.W N 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

TUESDAY, MARCH 23, 1993

2543

Y Henson Y Holland Y 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 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 Y Lucas Y Maddox
Mann Y Martin YMcBee Y McClinton
McKinney,B Milam
Y Mills Y Mobley,B Y Mobley,J N Moore Y Mosley Y Mueller Y Oliver

Y O'Neal YOrrock Y Padgett YParham
Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag YPolak
Y Porter YPoston 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 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 YTrense Y Turnquest
Twiggs Y Vaughan Y 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, by substitute, the ayes were 155, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 Flexi bility.

The following Committee substitute was read:

A RESOLUTION
Creating the Task Force on Educational Outcomes Based Flexibility; and for other purposes.
WHEREAS, both the state and local educational systems search for ways to increase the educational dollar in order to move the state ahead in achieving the six National Edu cation Goals, which in turn have the intent of producing a citizenry ready to compete world wide in both the private and public sectors; and
WHEREAS, at the same time it is also a fact that the tax dollar is being stretched and education must compete more and more with corrections and social services for that dollar; and
WHEREAS, as government reexamines itself, it must learn to be innovative, flexible, and adaptable, especially in its approach to how it imposes its demands on local school systems; and
WHEREAS, flexibility is key to optimum use of the tax dollar allocated for education, and the most effective way state government can be flexible is to get out of the way of local systems and schools by removing the multitude of rules and regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Task Force on Educational Outcomes Based Flexibil ity to be composed of three members of the Senate to be appointed by the President of the Senate, one of whom shall be designated as chairperson by the President of the Sen ate; three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one of whom shall be designated as vice chairperson by the Speaker of the House of Representatives; one representative from the Department of Edu cation to be appointed by the State School Superintendent; three local school system rep resentatives to be appointed by the State School Superintendent, one each from a small,

2544

JOURNAL OF THE HOUSE,

medium, and large school system; and one representative from the Office of Planning and Budget to be appointed by the Governor. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the issues and questions to be addressed by the Task Force on Educational Outcomes Based Flexibility should include, but not be limited to, the following:
(1) Determination of student outcomes that will reflect the successful entrance of students into both postsecondary education and the work force and will contribute to the total development of the individual;
(2) Determination of how the outcomes will be assessed as successful; (3) How outcomes should be recorded and reported to the state; (4) The task force shall review similar programs currently in use in other states; (5) The task force shall make use of such expertise on student outcomes and assessment of student outcomes that are currently available within Georgia through universities and colleges as well as other professional associations; and (6) The task force shall allow for input from citizens throughout the task force meeting process.
BE IT FURTHER RESOLVED that the task force 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 task force deems necessary or appropriate. The task force may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All members of the task force shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the task force shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim commit tees. All members of the task force except members of the General Assembly shall be reimbursed for such expenses from funds appropriated or available to the Department of Education. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed ten meetings, unless additional meeting days are authorized by the President of the Senate. In the event the task force makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1993. The task force shall stand abolished on December 1, 1993.

The following amendment was read and adopted:

Representative Lee of the 94th moves to amend the Committee substitute to SR 7 as follows:
On page 3 - line 27 delete "ten" insert in lieu thereof: "five"
and on page 3 line 29 between "Senate" and "." insert "and the Speaker of the House."

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:

TUESDAY, MARCH 23, 1993

2545

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 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 Childers N Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell YCox Y Crawford N 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
Lakly Y Lane,D Y Lane.R Y Lawrence
Lawson YLee Y Lewis
Lord
Y Lucas Y Maddox
Mann Y Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills

Y Mobley.B Y MobleyJ Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett YParham Y Parrish
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 Y Shanahan 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
Stancil.S Y Stanley,L Y Stanley,? Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas,C Y Tillman Y Titus
Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall
Watson N Watts
Westmorland Y White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 157, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

SB 369. By Senators Perdue of the 18th and Scott of the 36th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to providing secondary school credit for postsecondary courses, so as to change the provisions relating to funding for eligible institu tions.

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 Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks,D
Brooks.T

Brown YBuck Y Buckner YBunn Y Burkhalter
Byrd 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 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 Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins

2546

JOURNAL OF THE HOUSE,

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
Lord
Y Lucas

Y Maddox 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 Y 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 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
Stanley.L
Stanley,? Y Stephenson Y Streat Y Taylor
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
Westmoreland White Y Williams.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.

SR 211. By Senators Henson of the 55th and Parrish of the 43rd:
A resolution urging the Department of Transportation to establish a com muter efficiency program for state employees.

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 N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux
Y Bostick N Breedlove N Brooks,D
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 Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

N Colwell
Y Connell YCox
N Crawford N Crews
Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson
YDix Y Dixon.H Y Dixon.S Y Dobbs Y Dover N Ehrhart Y Epps N Evans Y Felton Y Floyd,J.M Y Floyd,J.W
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 N 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 N Joyce YKaye 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
Mann Y Martin Y McBee Y McClinton
McKinney.B Y Milam Y 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
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 Y Smith.W Y 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 N Trense Y Turnquest N Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts N Westmoreland
White Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

TUESDAY, MARCH 23, 1993

2547

On the adoption of the Resolution, the ayes were 148, nays 19. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend SB 196 by striking from line 8 of page 2 the following:
"$400.00",
and inserting in lieu thereof the following:
"$200.00".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the 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 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
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 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 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 N Lawson
YLee Y Lewis
YLord Y Lucas Y Maddo*
Mann Y Martin Y McBee Y McClinton
McKinney,B YMilam Y Mills

Y Mobley,B Y MobleyJ Y Moore N Mosley
Y Mueller Oliver
Y O'Neal
Y 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
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skandalakis Y Skipper

On the passage of the Bill, as amended, the ayes were 161, nays 3.

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 Teague Y Teper Y Thomas.C Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Y Walker NWall Y Watson
Watts Y Westmorland
White Y Williams.B
Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

2548

JOURNAL OF THE HOUSE,

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

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 following Senate substitute was read:

A BILL
To amend an Act creating and establishing a purchasing department in certain coun ties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), so as to provide for factors that may be considered in determining whether a bidder is responsible; 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 creating and establishing a purchasing department in certain coun ties of this state approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), is amended by inserting following Section 10 thereof a new Section 10.1 to read as follows:
"Section 10.1. In awarding any contract or determining the lowest responsible bidder for the purpose of awarding a contract, the agency awarding the contract may consider the vendor or bidder's quality of work, general reputation in the community, financial responsibility, previous experience in sales to the public, compliance with a female busi ness enterprise participation plan as adopted by the governing authority of the county or making a good faith effort to comply with the goals of such a plan, compliance with a minority business enterprise participation plan as adopted by the governing authority of the county or making a good faith effort to comply with the goals of such plan, and compliance with nondiscrimination and equal employment opportunity provisions as adopted by the governing authority of the county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative McKinney of the 51st moved that the House agree to the Senate sub stitute to HB 280.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

TUESDAY, MARCH 23, 1993

2549

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.

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 Btooks.T Brown
YBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn
Chamble&s Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman.B Y Coleman.T

Y Colwell Y Connell NCoi
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
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 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 Y Lucas Y Maddox
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 O'Neal Y Orrock
Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell Y Randall Y Randolph
YRay Reaves
Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan
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 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 Y Trense Y Turnquest Y Twiggs
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 161, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Vaughan of the 34th 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.

SR 44. By Senators Starr of the 44th and Robinson of the 16th: A resolution re-creating the Joint Study Commission on Revenue Structure.

The following Committee substitute was read and adopted:

2550

JOURNAL OF THE HOUSE,

A RESOLUTION
Re-creating the Joint Study Commission on Revenue Structure; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes.
WHEREAS, the revenue structure of this state has evolved over hundreds of years with relatively little analysis of the tax structure of the state as a whole; and
WHEREAS, many elements of our tax structure were put in place many years ago and have been little changed since their inception, for example, the state income tax structure has changed very little since its initial adoption in 1931, and many state fees have not changed since their original imposition; and
WHEREAS, our school tax structure's primary reliance on local ad valorem taxes like wise was implemented over a century ago and has been little changed since its implemen tation; and
WHEREAS, much attention has been directed to the state's pressing needs for educa tional improvements, including capital outlay improvements, but far less examination has been given to whether revenue structure changes could enhance the opportunity for such improvements; and
WHEREAS, a pressing need exists for an overall comprehensive evaluation of the state's revenue structure in general, as well as a particular evaluation of the effects of the revenue structure with respect to education; and
WHEREAS, there is an inequitable distribution of the burden of health care and uncompensated health care borne by county governments and alternative sources of reve nues to the property tax need to be examined to fund such indigent health care of indi gent residents of the state; and
WHEREAS, the Joint Study Commission on Revenue Structure was created by Sen ate Resolution 443 of the 1992 regular session of the General Assembly; and
WHEREAS, the commission has conducted extensive research in these areas but has determined that further study is needed before any recommendations may be made; and
WHEREAS, under the resolution creating the commission, the existence of the com mission expired as of December 31, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is re-created the Joint Study Commission on Revenue Structure. The commission shall be composed of 21 members. The President of the Senate shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The Speaker of the House shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The President of the Senate and the Speaker of the House shall each appoint six members of the commission. The Governor shall appoint seven members of the commission. The cochairmen shall call all meetings of the commission.
Section 2. The commission shall continue its study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legisla tion which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commission who are members of the General Assembly or who are not state officers or employees shall receive the allowances authorized for legislative members of interim legislative committees but

TUESDAY, MARCH 23, 1993

2551

shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives.
Section 3. (a) Employees or agents of the commission may inspect, duplicate, take information from, and disseminate confidential materials, confidential documents, and other confidential information within the custody of the Department of Revenue or the state revenue commissioner but may do so only when acting in accordance with the follow ing limitations:
(1) No employee or agent of the commission may have such access to confidential materials, confidential documents, or other confidential information unless he or she is acting within the reasonable limitations guaranteeing against unauthorized disclo sure of such materials, documents, and information as are agreed to in writing by the state revenue commissioner and the cochairmen of the commission;
(2) No employee or agent of the commission may have such access unless his or her name is certified in writing to the state revenue commissioner by the cochairmen of the commission; and
(3) No confidential information or confidential document obtained by, or coming into the possession of, an employee or agent of the commission as provided in this sec tion may be disseminated to any other person except an employee or agent of the commission whose name has been certified to the state revenue commissioner as pro vided in paragraph (2) of this subsection or to an authorized employee of the Depart ment of Revenue, except that the employee and the commission may publish statistical information taken from such materials, documents, and other information when the publication does not reveal the name or identity of any particular taxpayer. Any unauthorized disclosure of such confidential materials, confidential documents, and other confidential information, except as provided in this paragraph, shall subject the offending employee or agent to the same penalties specified by law for unautho rized disclosure of confidential information by an agent or employee of the Depart ment of Revenue. (b) The provisions of this section, to the extent of any conflict, shall supersede the provisions of any other law to the contrary.
Section 4. In the event the commission makes a report of its findings and recom mendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1993. The commission shall stand abolished on December 31, 1993.

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

Y 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 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 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
Godbee N 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

2552

JOURNAL OF THE HOUSE,

Y Maddox 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
Y 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 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 Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas.C Y Tillman Y Titus

Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Witliams.B Y Williams.R
Y Yates Y Yeargin
Murphy,Spkr

On the adoption of the Resolution, by substitute, the ayes were 168, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

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
Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks,D
Brooks.T Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd 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 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 YBpps 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 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 Y Lucas Y Maddox
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
Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell Y Randall
Y Randolph YRay
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 163, nays 0.

Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith.V
Smith.W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague 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 Y Williams,B Y Williams.R
Y Yates Y Yeargin
Murphy,Spkr

TUESDAY, MARCH 23, 1993

2553

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

SB 317. By Senators Newbill of the 56th and Starr of the 44th:
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; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a permit; to provide that permits are nontransferable; to provide for grounds for revocation or suspension of a permit.

Representative Byrd of the 170th moved that SB 317 be recommitted to the Commit tee on Industry.
On the motion, 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 Barnes
Y Bates Y Benefield
N Birdsong Y Bordeaux
Bostick N Breedlove N Brooks.D
Brooks,T Brown
YBuck Y Buckner NBunn N Burkhalter
YByrd N Campbell
Y Canty Y Carlisle Y Carrell
N Carter N Cauthorn
Chambless Y Chandler Y Channel!
Y Childers N Clark N Coker N Coleman.B Y Coleman/T

Y Colwell
Connell COT N Crawford N Crews N Culbreth N Cummings Davis.G
N Davis.M N Dickinson NDii
Y Dixon.H Y Dixon,S Y Dobbs N Dover N Ehrhart YEpps N Evans
Felton Y Floyd,J.M N Floyd,J.W Y Godbee Y Golden Y Goodwin
Greene N Groover N Hammond Y Manner
Harris.B N Harris.M YHart Y Heard Y Hegstrom N Hembree N 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 N Johnston
Y Jones N Joyce NKaye N Kinnamon N Klein
NLadd N Lakly N Lane.D N Lane.R N Lawrence
N Lawson YLee N Lewis YLord Y Lucas N Maddox
Mann Y Martin
Y McBee Y McClinton
Y McKinney.B YMilam N Mills

Y Mobley,B N Mobley,J N Moore Y Mosley N Mueller N Oliver Y O'Neal YOrrock N Padgett YParham Y Parrish
Patten
Y Pelote Y Perry N Pinholster NPoag Y Polak Y Porter
Poston N Powell Y Purcell Y Randall Y Randolph NRay
Reaves Y Reichert
N Roberts Y Royal Y Scoggins Y Shanahan Y Shemll N Shipp Y Simpson
Sinkfield N Skandalakis
Y Skipper

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

On the motion, the ayes were 79, nays 78. The motion prevailed.

Representative Lane of the 55th moved that the House reconsider its action on recommitting SB 317.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins N Bailey
Baker Y Bannister N Barfoot

N Bargeron Y Barnes N Bates N Benefield Y Birdsong
Bordeaux

Bostick Y Breedlove Y Brooks,D
Brooks.T Brown YBuck

N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty

N Carlisle N Carrell Y Carter Y Cauthorn
Chambless N Chandler

2554

JOURNAL OF THE HOUSE,

N Channel! N Childers Y Clark Y Coker
Y Coleman.B N Coleman.T
Colwell
Connell Cox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
N Dixon.H N Dixon,S N Dobbs Y Dover
Y Ehrhart N Epps Y Evans Y Felton N Floyd,J.M Y Floyd,J.W Y Godbee N Golden N Goodwin

Greene Y Groover Y Hammond
Manner Harris,B Y Harris.M NHart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard
Y 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 Y Lane.D Y Lane.R Y Lawrence Y Lawson NLee Y Lewis NLord N Lucas
Y Maddox Mann
N Martin N McBee N McClinton N McKinney.B NMilam Y Mills
Y Mobley.B N Mobley,J Y Moore N Mosley Y Mueller Y Oliver N O'Neal
Orrock Y Padgett N Parham N Parrish
Patten

On the motion, the ayes were 85, nays 69. The motion prevailed.

N Pelote N Perry Y Pinholster
YPoag N Polak N Porter Y Poston Y Powell Y Purcell N Randall N Randolph
Ray N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp
Y Simpson Sinkfield
Y Skandalakis Skipper
N Smith.C Y Smith.L N Smith.P Y Smith.T Y Smith.V Y Smith,W

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

SR 109. By Senators Burton of the 5th, Marable of the 52nd and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing.

The following amendment was read and adopted:
The Committee on Rules moves to amend SR 109 as follows: By striking "five" on lines 21 and 22, page 1 and inserting "three" and by striking "ten" on line 16, page 2 and inserting "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
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 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

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

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

TUESDAY, MARCH 23, 1993

2555

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
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 Y Orrock Y Padgett

Y Parhara Y Parrish
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
Sinkfleld
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.P
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 Y Yates Y Yeargin
Murphy.Spkr

On the adoption of the Resolution, as amended, the ayes were 166, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:

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 following Senate substitute was read:

A BILL
To amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property in general, so as to change the conditions under which municipal corporations may dispose of property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property in general, is amended by striking subsections (a) and (c) and inserting in their respective places new subsections to read as follows:
"(a) Except as otherwise provided in subsections (b) through (i) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsi ble bidder, either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale

2556

JOURNAL OF THE HOUSE,

is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall ntiootn.a"pply to any transactions authorized in subsections (b) through (i) of this Code sec
"(c) Nothing in this Code section shall prevent a municipal corporation from trading
be the best interest ef the municipal corporation exchanging real property belonging to the municipal corporation for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the municipal corporation; provided, however, that within six weeks preceding the clos ing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the municipal corporation once a week for four weeks. The value of both the property belonging to the municipal corporation and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said municipal corporation."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House agree to the Senate substi tute to HB 755.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe V Atkins Y Bailey
Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield Y Birdsong
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 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 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
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
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane,D

YLane.R Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas Y Maddoi
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
Parham Y Parrish
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
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
Stancil.S Y Stanley.L

TUESDAY, MARCH 23, 1993

2557

Y Stanley,? 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 Westmoreland Y White

Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 156, nays 0. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that discretional postretirement benefit increases granted by the board of trustees of any public retirement system shall be subject to change by sub sequent legislation; to provide that certain members of the boards of trustees of certain retirement systems shall be entitled to receive a certain per diem allowance; to provide that certain persons who retire under the one retirement system and are subsequently rehired by the same employer shall be required to remain under such retirement system; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-1-30 the fol lowing:
"47-1-31. Any other provision of this title to the contrary notwithstanding, any discre tionary postretirement benefit increase granted on or after July 1, 1993, by the board of trustees of any public retirement system pursuant to the authority to grant such increases within the limits of actuarial soundness granted by general law shall be subject to reduction by subsequent legislation and shall not be considered an element of any contract of employment."
Section 2. Said title is further amended by striking in its entirety subsection (d) of Code Section 47-2-21, relating to the powers and duties of the board of trustees of the Employees' Retirement System of Georgia, which reads as follows:
"(d) The trustees in state employment shall serve without compensation but shall be reimbursed from the expense fund for all necessary expenses that they may incur in the performance of their duties. The board of trustees shall establish an expense allowance payable monthly from the same fund to those trustees not in state employment.", and inserting in lieu thereof the following:
"(d) The trustees may receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees and any committee meetings called pursuant to authorization of the board of trustees and for time spent in necessary travel. In addition to such amount, the trustees shall be reimbursed for all actual travel and other expenses necessarily incurred through ser vice on the board of trustees. State officials serving ex officio shall not receive the daily expense allowance but shall be entitled to reimbursement of actual expenses."

2558

JOURNAL OF THE HOUSE,

Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 47-3-21, relating to the creation of and membership on the board of trustees of the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"(c) The trustees shall each receive the staa ef- $40.00 per diem daily expense allow ance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees, any committee meetings called pursuant to authoriza tion of the board of trustees, and for time spent in necessary travel. In addition to such per diem, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall receive no per diem but shall only be entitled to reimbursement of actual expenses."
Section 4. Said title is further amended by inserting at the end of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, the follow ing:
"(m) Any other provision of law to the contrary notwithstanding, any person who is entitled pursuant to the provisions of this article to make an election between member ship in this retirement system and membership in any other retirement system and who subsequently retires and is rehired by the same employer which employed him or her immediately prior to retirement shall continue membership in the retirement system under which he or she initially retired and shall not be entitled to elect membership in any other retirement system."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Cummings of the 27th moved that the House agree to the Senate sub stitute to HB 781.
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 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 Y 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
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
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 Y Lakly Y Lane.D Y Lane,R
Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox
Mann Martin
Y McBee Y McClinton
McKinney.B Y Milam Y Mills

On the motion, the ayes were 161, nays 0.

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 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 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
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 Y Westmoreland
White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

TUESDAY, MARCH 23, 1993

2559

The motion prevailed.

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 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 Senate amendment was read:

Amend HB 341 by adding in the title at the end of line 6 of page 1 the following:
"provide that this Act does not preclude the producer from commencing and main taining an action against the dealer as in any civil action; to".
By striking from line 14 of page 1 the following:
"(b) and (c)",
and inserting in lieu thereof the following:
"(b), (c), and (d)".
By adding on line 14 of page 2 between the word "dealer" and the word "in" the fol lowing:
"and the producer".
By adding on line 15 of page 1 between the word "shall" and the word "issue" the word "jointly".
By striking the quotation marks at the end of line 2 of page 3 and by adding between lines 2 and 3 on page 3 the following:
"(d) This Code section does not preclude the producer from commencing and main taining an action against the dealer as in any civil action.'"

Representative Carter of the 166th moved that the House agree to the Senate amend ment to HB 341.
On the motion, 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 Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D
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 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

Y Ehrhart Y Epps Y Evans Y Felton Y FloydJ.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,J Y Johnston

2560

JOURNAL OF THE HOUSE,

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
Mann 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 Y Parham 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 Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield

On the motion, the ayes were 158, nays 0. The motion prevailed.

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 Teague Y Teper

Y Thomas.C Y Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker YWall Y Watson Y Watts Y Westmorland
White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

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.

The following Senate amendment was read:

Amend HB 949 by striking lines 4 through 13 of page 3 and inserting in lieu thereof the following:
"the insurer's own securities."

Representative Chambless of the 163rd moved that the House agree to the Senate amendment to HB 949.
On the motion, 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 Y Birdsong
Bordeaux
Y Bostick Y Breedlove Y Brooks,D
Brooks.T 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 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 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 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
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 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

TUESDAY, MARCH 23, 1993

YOrrock Y Padgett Y Parhara Y Parrish
Patten YPelote Y Perry Y Pinholster Y Poag Y Polak Y Porter YPoston Y Powell

Y Purcell Y Randall Y Randolph Y Ray Y Reaves YReichert 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
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 Y Tillman Y Titus
Towery Y Trense
Turnquest

On the motion, the ayes were 160, nays 0. The motion prevailed.

2561
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

HB 15. 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 following Senate amendment was read:

Amend HB 75 by striking on line 20 of page 1 the following: "or existing", and inserting in lieu thereof the following: " 21 not yet due but existing,".

Representative Holland of the 157th moved that the House disagree to the Senate amendment to HB 75.
The motion prevailed.

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

Mr. Speaker:
The Senate has agreed to the House amendment as amended by the Senate, to the following Bill of the Senate:

SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Anno tated, relating to general provisions concerning game and fish, so as to pro vide that after a conservation ranger has accumulated 25 years of service with the Department of Natural Resources as a peace officer and upon leav ing such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following Bill of the House:

2562

JOURNAL OF THE HOUSE,

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 President has appointed on the part of the Senate the following:
Senators Clay of the 37th, Oliver of the 42nd and Broun of the 46th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

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.
The President has appointed on the part of the Senate the following:
Senators Starr of the 44th, Perdue of the 18th and Gillis of the 20th.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

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.

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:

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.

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

HR 610. By Representative Murphy of the 18th: A resolution amending House Resolution 541, relating to adjournment.

TUESDAY, MARCH 23, 1993

2563

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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 Anno tated, relating to county and municipal excise tax levies on public accommo dations 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 472

The Committee of Conference on HB 472 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 472 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Terrell A. Starr Senator, 44th District

/s/ William J. Dover Representative, 9th District

/s/ James W. Tysinger Senator, 41st District

/s/ Jere Johnson Representative, 84th District

/s/ Don Balfour Senator, 9th District

/s/ Scott Dix Representative, 76th District

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate and procedures regarding the reimbursement deduction allowed to dealers for collecting certain sales and use taxes and the second motor fuel tax; to authorize a county or municipality under certain circumstances to expend taxes col lected from certain levies for supporting a facility owned or operated by a local govern ment or authority for convention or trade show and similar purposes; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraphs (1) and (2) of subsection (b) of Code Sec tion 48-8-50, relating to compensation of dealers for reporting and paying the state sales and use tax, and inserting in their place new paragraphs (1), (2), and (3) to read as follows:
"(1) With respect to each certificate of registration number on such return, a deduc tion of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; and
(2) With respect to each certificate of registration number on such return, a deduc tion of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location? other than the taxes specified in paragraph (3) of this subsection; and

2564

JOURNAL OF THE HOUSE,

(3) With respect to each certificate of registration number on such return, a deduc tion of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section."
Section 2. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new paragraph (2) to read as follows:
"(2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, report ing, and paying the amount due. Each dealer shatt be allowed a deduction ef- & percent 0r trie tmoun$ due, out only IT trie fl.mount WQS no* uciincjuciit ftv WIG time" ot pQyiuciitr Except as te rate, the The deduction shall be at the rate and subject to the require ments specified under subsections (b) through (f) of Code Section 48-8-50."
Section 3. Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 48-13-51, relating to county and municipal excise tax levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, and inserting in lieu thereof a new paragraph to read as follows:
"(3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or munici pality may levy a tax under this Code section at a rate of 5 percent. A county or munici pality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conven tions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for con vention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facil ity owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; or (E) supporting a facility owned by a local government or local author ity for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and if such facility was substantially com pleted and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipal ity, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner."
Section 4. Said Code section is further amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levy ing a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 Va percent of

TUESDAY, MARCH 23, 1993

2565

the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tour ism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local gov ernment for convention and trade show purposes or any other similar or related pur poses, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for con vention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; e* (E) supporting a facility owned by a local govern ment or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was sub stantially funded on or after February 28, 1985, by a special county 1^ percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of con struction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the Gen eral Assembly for a municipality; er (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; or (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related pur poses if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized b Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993. Amounts so expended to meet such 16 % percent expenditure requirement shall not be subject to the foregoing provi sions of this paragraph requiring expenditure through a contract or contracts with cer tain entities."
Section 5. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law with out such approval.
(b) Sections 1 and 2 of this Act shall become effective on July 1, 1993.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Johnson of the 84th moved that the House adopt the report of the Committee of Conference on HB 472.

2566

JOURNAL OF THE HOUSE,

On the motion, 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 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 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
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 YGoodwin Y Greene
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 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
Mann Martin
YMcBee Y McClinton
McKinney,B YMilam Y Mills

On the motion, the ayes were 156, nays 0. The motion prevailed.

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett
Parham 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 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
Smith.W Smyre YSnow Y Stancil.F Y Stancil,S Stanley.L Y Stanley,? Y Stepheiuon Y Streat Y Taylor Teague YTeper Y Thomas.C YTillman Y Titus Towery Y Trense Turnquest YTwiggs Y Vaughan Walker Y Wall Y Watson Y Watts Y Westmoreland White Y Williams,B Y Williams,R YYates Y Yeargin Murphy,Spkr

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 964

The Committee of Conference on HB 964 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 964 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Peg Blitch Senator, 7th District

/s/ Tommy Smith Representative, 169th District

/s/ Steve Henson Senator, 55th District

/s/ Jim Martin Representative, 47th District

/s/ George Hooks Senator, 14th District

/s/ Yeargin, Charles Representative, 90th District

TUESDAY, MARCH 23, 1993

2567

A BILL
To amend Titles 21 and 28 of the Official Code of Georgia Annotated, relating to elec tions and the General Assembly, respectively, so as to change the composition of certain congressional districts and certain Georgia senatorial districts; to provide for related mat ters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in Code Section 21-2-4, relating to designation of congressional districts, by striking the descriptions of congressional districts No. 2, 3, and 8 and inserting in their respective places new descriptions to read as follows:
"District: 2
TALBOT COUNTY TAYLOR COUNTY MARION COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY
VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 201C, 202, 231C, 232B, 273B, 274C, 275, 276B, 277B, 278B, 279C, 281B, 281C

2568

JOURNAL OF THE HOUSE,

Tract: 0135.02 Block(s): 128, 131, 132, 201, 202, 203, 204, 213, 214, 215, 301, 302, 304, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320
VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 204, 205, 215, 301, 302, 303, 305, 306
Tract: 0103. Block(s): 202, 203
VTD: 0041 VINEVILLE 08 (Part) Tract: 0119. Block(s): 104, 105, 106, 111, 115
VTD: 0043 MACON 02 VTD: 0044 MACON 01 CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part)
Tract: 0201.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B,- 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250
Tract: 0202. Block(s): 901A, 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921
COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part)
Tract: 9703.
Block(s): 216, 433, 523, 524, 525, 616, 617
Tract: 9704.
Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265
Tract: 9707.

TUESDAY, MARCH 23, 1993

2569

Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334
Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C
Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B
VTD: 0018 SHAW CRAWFORD COUNTY
VTD: 0002 2 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367
Tract: 9802. Block(s): 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 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479
VTD: 0009 UNADILLA 1466
VTD: 0010 LILLY 1671
DOUGHERTY COUNTY
VTD: 0007 BROAD AVENUE SCHOOL
VTD: 0009 WESTTOWN LIBRARY

2570

JOURNAL OF THE HOUSE,

VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL
VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER
VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL
VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL
VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE
VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0027 SYLVANDALE ELEMENTARY SCH
HOUSTON COUNTY
VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246
Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418
Tract: 0208.
Block(s): 401, 402 VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319
Tract: 0202.
Block(s): 101 Tract: 0203.
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410
Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124
VTD: 0004 RECR (Part) Tract: 0201.03
Block(s): 307A, 307B Tract: 0203.
Block(s): 101A, 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
VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02
Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425

TUESDAY, MARCH 23, 1993

2571

VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 204, 205, 210 Tract: 0202. Block(s): 408
VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 303
VTD: 0014 N13 VTD: 0015 12TH (Part)
Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297
VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513
LEE COUNTY VTD: 0001 CHOKEE VTD: 0003 LEESBURG (Part) Tract: 0202.
Block(s): 160, 162, 163, 192, 194, 195, 196
Tract: 0203.
Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549
VTD: 0006 SMITHSVILLE
LOWNDES COUNTY

2572

JOURNAL OF THE HOUSE,

VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 463, 464, 465, 466, 473, 474, 484, 488, 489, 490, 491, 492
VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305C, 305D Tract: 0103. Block(s): 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240 Tract: 0104. Block(s): 136A, 138A, 140A, 142A, 143
VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST
PK CHURCH (Part) Tract: 0106.
Block(s): 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417
Tract: 0108. Block(s): 204B, 207
VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102. Block(s): 457, 458, 459, 493, 494, 495, 496, 497
VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 287, 288, 305L, 307, 308 Tract: 0103. Block(s): 220C, 220D, 220E, 220F, 220G, 223B Tract: 0104. Block(s): 136B, 137, 138B, 140B, 141, 142B
VTD: 0019 CRAIG RECREATION CENTER MERIWETHER COUNTY
VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 529, 530, 531, 532, 533, 534, 535, 536, 537, 628, 629, 630, 631, 632, 633, 634, 635, 638, 639, 640, 641, 646, 647, 732
VTD: 0008 GILL TWO VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 302, 318, 319, 320, 322, 323, 324, 326, 327, 328, 329, 330, 335, 348, 349, 351, 352, 353, 354, 355, 356, 357, 358, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 393, 394
VTD: 0012 GREENVILLE-EIGHT
VTD: 0013 RALEIGH
MUSCOGEE COUNTY
VTD: 0001 COURTHOUSE
VTD: 0002 NORTH LUMPKIN
VTD: 0003 EDDY

TUESDAY, MARCH 23, 1993

2573

VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0006 WYNNTON (Part)
Tract: 0023. Block(s): 120, 121, 122
VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS (Part)
Tract: 0106.04 Block(s): 311, 315, 319, 320, 321, 323, 324, 325, 326, 327, 349
VTD: 0013 REGENCY HEIGHTS VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310
Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 306, 309, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615
VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414
VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209 Tract: 0018. Block(s): 105
VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3
District: 3
FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY PIKE COUNTY

2574

JOURNAL OF THE HOUSE,

LAMAR COUNTY MONROE COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY
VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B
VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375
VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part)
Tract: 9702. Block(s): 202A, 206A
Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 221, 222A, 222B, 223, 224
VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302
CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5
VTD: 0007 JONESBORO 1
VTD: 0008 JONESBORO 2
VTD: 0009 JONESBORO 3
VTD: 0010 JONESBORO 5
VTD: 0011 JONESBORO 6

TUESDAY, MARCH 23, 1993

2575

VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part)
Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912
VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWPORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part)
Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206
Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469
Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109
VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG
VTD: 0060 SIXTH
VTD: 0065 STOCKBRIDGE
VTD: 0070 SWAN LAKE (Part)
Tract: 0701.02
Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160

2576

JOURNAL OP THE HOUSE,

VTD: 0075 TUSSAHAW JONES COUNTY
VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 124, 125 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316B, 316C, 317B, 318B, 320, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 349, 351, 352, 353, 354, 355, 356, 357, 377, 378, 379, 465B
VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS (Part)
Tract: 0301.02 Block(s): 201, 202, 203, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313
Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559
VTD: 0006 SANDERS VTD: 0007 DAVIDSON MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part)
Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 325, 326, 327, 328, 540, 636, 637, 642, 643, 644, 645, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714A, 714B, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739,
VTD: 0009 WARM SPRINGS VTD: 0010 DURAND (Part)
Tract: 9706. Block(s): 312, 313, 314, 315, 316, 317, 331, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 350, 359, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 395, 396, 397
VTD: 0011 ODESSADALE-SEVENTH MUSCOGEE COUNTY
VTD: 0006 WYNNTON (Part) Tract: 0011. Block(s): 201, 202, 203, 204, 206, 207, 208, 221
Tract: 0012.
Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411
Tract: 0023.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
VTD: 0012 WESLEY HEIGHTS (Part)

TUESDAY, MARCH 23, 1993

2577

Tract: 0106.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 233, 303, 312, 316, 317, 318, 322, 329, 332, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343, 344
VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part)
Tract: 0005.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314
Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218
Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 307, 308, 401, 402, 403, 407, 408, 411, 414
Tract: 0110. Block(s): 119B, 122
VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413
VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018. Block(s): 106, 113, 114, 201
Tract: 0019.
Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132
VTD: 0027 CLUBVIEW
VTD: 0028 BIBB CITY
VTD: 0029 JOHNSON

2578

JOURNAL OF THE HOUSE,

VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON"
"District: 8
JOHNSON COUNTY LAURENS COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF_DAVIS COUNTY TURNER COUNTY BEN_HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY
VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 (Part)
Tract: 0130. Block(s): 283B, 291
Tract: 0135.01 Block(s): 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523

TUESDAY, MARCH 23, 1993

2579

Tract: 0135.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 133, 134, 135, 136, 137, 205, 206, 207, 208, 209, 210, 211, 212, 303, 305, 306, 307, 308
VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 (Part)
Tract: 0102. Block(s): 115, 207, 208, 209, 210, 211, 212, 214, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409
VTD: 0041 VINEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 112, 113, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319
VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part)
Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462
VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part)
Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 308A, 309, 310, 311, 312, 313, 314A
VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part)
Tract: 9703.
Block(s): 215A, 215B
Tract: 9704.
Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342
Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A

2580

JOURNAL OF THE HOUSE,

Tract: 9707. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611,
612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630
Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D,
301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418
VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON
VTD: 0014 THIGPEN VTD: 0015 TY TY
VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE
CRISP COUNTY VTD: 0001 CORDELE (Part)
Tract: 9801. 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, 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

TUESDAY, MARCH 23, 1993

2581

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
VTD: 0005 FINDLAY 1552
DOUGHERTY COUNTY
VTD: 0001 NATIONAL GUARD ARMORY
VTD: 0002 NW LIBRARY
VTD: 0003 PORTERFIELD METH CH GYM

2582

JOURNAL OF THE HOUSE,

VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE HOUSTON COUNTY VTD: 0001 RUMB (Part)
Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235
Tract: 0207. Block(s): 101B, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409
Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C
Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A, 115B
VTD: 0002 MILL VTD: 0003 MSSH (Part)
Tract: 0201.03 Block(s): 301A, 303
Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119
Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429
VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0206.
Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B
Tract: 0209.
Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121
VTD: 0006 RUSS
VTD: 0007 PKWD

TUESDAY, MARCH 23, 1993

2583

VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428
VTD: 0009 LII VTD: 0010 UII (Part)
Tract: 0211.01 Block(s): 113B
Tract: 0211.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 301, 304
Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345
VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206
VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408A Tract: 0201.02 Block(s): 203, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218
VTD: 0013 ANNX (Part)
Tract: 0209.
Block(s): 408, 409, 410, 411
Tract: 0210.
Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01
Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 302B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411,

2584

JOURNAL OF THE HOUSE,

412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241, 242 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 301, 302, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 131, 132, 303, 304, 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145 VTD: 0017 WRJH JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 117, 118, 119, 204, 205, 206, 208, 209, 225, 226, 227 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 207, 213, 219, 220, 221, 222, 223, 224, 228, 229, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0008 ROBERTS 4
LEE COUNTY
VTD: 0002 REDBONE
VTD: 0003 LEESBURG (Part)
Tract: 0203.
Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508

TUESDAY, MARCH 23, 1993

2585

VTD: 0004 CENTURY VTD: 0005 PALMYRA LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part)
Tract: 0102. Block(s): 461, 462, 475, 476, 477, 478, 479, 480, 481, 482, 483, 485, 486, 487
VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part)
Tract: 0101. Block(s): 305A, 305B, 306
Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A, 257A
Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A, 139A, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234
VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST
PK CHURCH (Part) Tract: 0105.
Block(s): 101, 102, 129 Tract: 0106.
Block(s): 301A, 301B, 302, 303A, 303B, 303C Tract: 0107.
Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329
Tract: 0108. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 201, 202A, 202B, 202C, 203, 401B, 434B, 436B
VTD: 0014 SOUTHSIDE FIRE DEPARTMENT
VTD: 0016 REDLANDS BAPTIST CHURCH
VTD: 0017 SHILOH FIRE STATION (Part)
Tract: 0102.
Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456
VTD: 0018 NEW COVENANT CHURCH (Part)

2586

JOURNAL OF THE HOUSE,

Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305M
Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D
Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 131B, 132C, 133, 134B, 135B, 139B
Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228
VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL TWIGGS COUNTY VTD: 0002 HAMMOCK VTD: 0006 PEARSON 1 VTD: 0008 SMITH VTD: 0011 PEARSON 2 (Part)
Tract: 0601.98 Block(s): 389
Tract: 0602. Block(s): 501, 502, 505, 507, 509, 510, 515, 516, 518"

Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in Code Section 28-2-2, relating to apportionment of the Senate and qualifications of its members, by striking from subsection (a) the descriptions of Senate districts No. 21, 32, 33, 37, 42, 48, 53, 54, and 56 and inserting in their respective places new district descriptions to read as follows:
"District: 21
COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 501, 502, 503, 504, 601B, 601C, 601D, 602K, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03

TUESDAY, MARCH 23, 1993

2587

Block(s): 302B, 302C, 302D, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B
VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 That part of Block 501 which lies west of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 502, 503, 504, 509, 510, 511, 512, 513, 514, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 704, 705, 706, 802, 803, 807, 808, 809, 810, 811, 812
VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905
VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part)
Tract: 0304.05 Block(s): 407A, 407F
Tract: 0304.06 Block(s): 801C
VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0062 MARIETTA 6 (Part)
Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D
Tract: 0304.02 Block(s): 601A, 604A, 615A
Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803
Tract: 0305.02 Block(s): 112A, 114B
Tract: 0305.03 Block(s): 202A, 205A, 207, 302A, 307A, 307B, 308A, 309A, 309B, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A
VTD: 0063 MARIETTA 7 (Part)
Tract: 0304.05
Block(s): 401B, 406A, 407B, 408, 410
Tract: 0304.06
Block(s): 801A

2588

JOURNAL OF THE HOUSE,

VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703
VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part)
Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E
Tract: 0304.02 Block(s): 122, 127
Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 419B, 419C, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508
VTD: OOA3 SOPE CREEK 1 VTD: OOB3 CRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB7 GRITTERS 9"
"District: 32
COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 106B, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, HOP, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 4HC VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 That part of Block 501 which lies east of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 505, 506, 507, 508 VTD: 0036 FULLERS 4 (Part)

TUESDAY, MARCH 23, 1993

2589

Tract: 0304.05 Block(s): 407D, 407E, 407G, 409
Tract: 0304.06 Block(s): 801B
VTD: 0037 FULLERS 5 VTD: 0055 MABLETON 4 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 (Part)
Tract: 0303.17 Block(s): 501, 502, 503, 504, 505, 506, 507, 508
VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part)
Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623
Tract: 0311.06 Block(s): 409, 410
Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422
VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0076 OREGON 2 VTD: 0085 POST OAK 5 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOC2 BIRNEY 2
District: 33
COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03

2590

JOURNAL OF THE HOUSE,

Block(s): 208B Tract: 0308.
Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01
Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C
Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D
VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 325B, 405C, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501D, 501E, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B
VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 710B, 711C, 717B, 718B
VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C
VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319
VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part)
Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B
Tract: 0307.
Block(s): 118C
Tract: 0308.
Block(s): 206B
Tract: 0309.02
Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C

TUESDAY, MARCH 23, 1993

2591

Tract: 0309.03
Block(s): 202B Tract: 0310.02
Block(s): 101, 102, 209A, 210C, 213B, 213C, 224A VTD: 0036 FULLERS 4 (Part)
Tract: 0304.06
Block(s): 601, 602C, 603, 701B, 702, 703 VTD: 0046 HOWELLS 1 (Part)
Tract: 0313.02
Block(s): 111, 117 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2
VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part)
Tract: 0315.01
Block(s): HOD, HOE, HOG Tract: 0315.02
Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 401D, 402B, 801B, 801C
VTD: 0057 MARIETTA 1 VTD: 0058 MARIETTA 2A (Part)
Tract: 0309.02
Block(s): 402A, 403, 404, 405, 406, 407, 505, 506, 701A VTD: 0059 MARIETTA 3
VTD: 0060 MARIETTA 4 (Part) Tract: 0305.01 Block(s): 908A
Tract: 0305.02 Block(s): 602
Tract: 0306.
Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G
Tract: 0307.
Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519
VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01
Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B,
906, 907 Tract: 0305.02
Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A,
305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A
Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116,
118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502,

2592

JOURNAL OF THE HOUSE,

511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301A, 302 Tract: 0305.02 Block(s): 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 314A, 315A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 601, 620, 624, 625 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS (Part) Tract: 0315.01 Block(s): 109A, 110A, HOB, HOC, 301, 302, 303A, 303B, 309A, 310A, 310B, 311A, 311B, 312A, 315A, 317, 701A, 702A, 703A Tract: 0315.02 Block(s): 216A, 303A, 304, 305, 401A, 401B, 401C, 402A, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 418, 419, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 517, 518, 519A, 520, 521, 522, 523A, 525A, 526A, 526B, 602A, 603, 604, 605, 606, 607A, 608, 609A, 609B, 609C, 610B, 610C, 701A, 701B, 702A, 702B, 703A, 703B, 704, 705A, 705B, 707A, 801A, 810A, 906A, 907A, 908A, 909, 910A VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB9 MARIETTA 2B (Part) Tract: 0310.02 Block(s): 209B"
"District: 37
CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK
COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1

TUESDAY, MARCH 23, 1993

2593

VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part)
Tract: 0306. Block(s): 308C, 417B, 501A, 501C, 502B, 506B, 901C, 901D, 902B, 902C, 902D, 902E, 917E
VTD: 0032 FAIR OAKS 6 (Part) Tract: 0309.03 Block(s): 101D, 102, 201B, 202C, 202D Tract: 0310.02 Block(s): 213D
VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part)
Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B
Tract: 0315.02 Block(s): 301B, 301C, 301D, 302B, 303B, 403B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B
VTD: 0058 MARIETTA 2A (Part) Tract: 0309.01 Block(s): 101 A, 201, 202, 203, 204, 205, 206, 207, 401A, 402, 403, 501 A, 601A, 601B, 601C, 601D, 602, 603A, 604A, 701A, 702, 703A Tract: 0309.02 Block(s): 408, 409, 410, 411, 702
VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0306. Block(s): 411, 412, 413, 414, 415, 416, 417A, 418, 501B, 502A, 503, 504, 505, 506A, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0309.01 Block(s): 301A, 302, 303, 304
VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part)
Tract: 0309.01 Block(s): 101B, 301B, 301C, 401B, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 701B, 701C, 701D, 703B
Tract: 0309.03
Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401B, 401C, 401D, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613
Tract: 0310.02
Block(s): 211, 212, 224C, 225B, 226, 227, 228
VTD: 0089 POWDER SPRINGS (Part)

2594

JOURNAL OF THE HOUSE,

Tract: 0315.01 Block(s): 211A, 212A, 213A, 217A, 217C, 218A
Tract: 0315.02 Block(s): 301A, 302A, 302C
VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B (Part)
Tract: 0309.03 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401A, 402, 501A
Tract: 0310.02 Block(s): 210A, 210B, 213A, 223, 224B, 225A
VTD: OOC1 OREGON 5"
"District: 42
DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT (Part) Tract: 0218.10 Block(s): 302, 303 VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part) Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915 Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423 VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAK REHOBOTH VTD: OOAR SAGAMORE

TUESDAY, MARCH 23, 1993

2595

VTD: OOAU SCOTT VTD: OOAY SILVER LAKE (Part)
Tract: 0211. Block(s): 110, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 301
VTD: OOBA SKYLAND VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER"
"District: 48
FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0007 CUMMINGS VTD: 0008 MASHBURN VTD: 0010 MIDWAY
FULTON COUNTY VTD: OOPS NCOS (Part) Tract: 0116.03 Block(s): 105, 106, 107, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316
GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0030 407C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C (Part) Tract: 0502.03 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 301, 302A, 302B, 302C, 302D, 303A, 304, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331 VTD: 0053 1263D VTD: 0055 407D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0074 404C"
"District: 53
DADE COUNTY WALKER COUNTY CHATTOOGA COUNTY

2596

JOURNAL OF THE HOUSE,

WHITFIELD COUNTY VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0008. Block(s): 120A, 120C, 120D, 121B, 121C, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301 That part of Block 302B which lies outside the corporate limits of Dalton Block(s): 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415, 417, 474, 475, 476, 477, 478 VTD: 0018 TILTON VTD: 0019 TRICHUM
District: 54
CATOOSA COUNTY MURRAY COUNTY WHITFIELD COUNTY
VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part)
Tract: 0008. Block(s): 120B, 121A, 122, 123A, 123B, 123C, 302A That part of Block 302B which lies within the corporate limits of Dalton
VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL"
"District: 56
CHEROKEE COUNTY VTD: 0010 LICK SKILLET VTD: 0015 WILDCAT (Part) Tract: 0908. Block(s): 702, 703, 704, 705
FULTON COUNTY

TUESDAY, MARCH 23, 1993

2597

VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOPS NC05 (Part)
Tract: 0114.08 Block(s): 801
Tract: 0114.09 Block(s): 101, 102, 103, 401, 402, 403, 404, 405
Tract: 0116.03 Block(s): 309, 310, 311, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 901, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913
VTD: OOPS NC07 (Part) Tract: 0114.08 Block(s): 201C, 206B, 208B
VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0036 406C VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C (Part)
Tract: 0502.03 Block(s): 303B, 305, 306
VTD: 0058 406L VTD: 0059 406M"
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: (1) all elections held on and after its effective date for members of the United States House of Representatives from Georgia; and (2) all elections held on or after its effective date for members of the Georgia Senate.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 169th moved that the House adopt the report of the Committee of Conference on HB 964.
On the motion, 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 Y Birdsong Y 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

2598

JOURNAL OF THE HOUSE,

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 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
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 YLane.D

Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox
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
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry

On the motion, the ayes were 159, nays 0. The motion prevailed.

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 Y Shanahan Y Sherrill Y Shipp
Sinkfield Y Skandalakis Y Skipper Y Smith.C Y Smith.L Y Smith,? Y Smith.T Y Smith.V
Smith.W YSmyre

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

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

Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state princi pals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to princi pals located in this state.
The President has appointed on the part of the Senate the following:
Senators Garner of the 30th, Henson of the 55th and Slotin of the 39th.

The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

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.

TUESDAY, MARCH 23, 1993

2599

The following Senate substitute was read:

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 fail ure to maintain proof of insurance; to change certain requirements for issuance of a restricted driving permit for failure to maintain proof of insurance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof the following:
"(c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.
(2) If the owner responds within the specified time period and indicates that mini mum insurance coverage is not in effect, the owner's driver's license shall be sus pended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restora tion fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage the commissioner may waive the lapse fee and the restoration fee and the owner shall not be deemed to have violated Code Sec tion 40-5-121.
(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license; license tag; and tag registration for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license; license tag; and tag- registration to the depart ment. After the 90 day suspension period and when the owner provides proof of hav ing prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate and the department shall return the driver's license; license tag; and tag registration to the owner of the motor vehicle."
Section 2. Said Code section is further amended by striking subsection (f) thereof in its entirety and inserting in lieu thereof the following:
"(f) (1) The department shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the person's loss of employ ment and aubjcct te the following conditions; or extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the appli cant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:

2600

JOURNAL OF THE HOUSE,

(A) Going to the applicant's place of employment or performing the normal duties of his or her occupation;
(B) Receiving scheduled medical care or obtaining prescription drugs; or (C) Attending a college or school at which the applicant is regularly enrolled as a student. \i)--1 tie permittee wisy operflte only fl vehicle whicft owned or loosed oy tiis
(2) The permittee ay operate the vehicle ely during the hews ef employment; (2) A restricted driving permit shall be endorsed with such conditions as the com missioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the fol lowing restrictions:
(A) Specific places between which the permittee may be allowed to operate a motor vehicle;
(B) Routes to be followed by the permittee; (C) Times of travel; (D) The specific vehicles which the permittee may operate; {3} (E) There is in force a policy of liability insurance covering the driver of the vehicle the dvef ef the vehicle is self-insured fey the employer; and {4} (F) Such other conditions as the Department of Public Safety may require."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HB 21.
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 Y Bargeron Y Barnes Y Bates Y Benefield Y Birdaong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D
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 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 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 HarrisJB
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
Lucas Y Maddox
Mann Martin Y McBee Y McClinton McKinney.B Y Milam Y Mills

On the motion, the ayes were 160, nays 0.

Y Mobley.B Y Mobley,J Y Moore
Y Mosley Y Mueller
Y Oliver Y O'Neal
Y Orrock Y Padgett
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
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
Stanley,L Stanley,? Y Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas.C Y Tillman Y Titus Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Walker YWall Y Watson Y Watts Y Westmoreland White Y Williams,B
Y Williams,R Y Yates Y Yeargin
Murphy ,Spkr

TUESDAY, MARCH 23, 1993

2601

The motion prevailed.

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 Senate substitute was read:

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; to change certain provisions relative to the need for a chemical test to determine blood alcohol content; 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-54, relating to offenses resulting in mandatory suspension of a driver's license, in its entirety and inserting in lieu thereof the following:
"(a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the fol lowing offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:
(1) Homicide by vehicle, as defined by Code Section 40-6-393; {3}--Manslaughter resulting frem the operation of a vehicle; {3} (2) Any felony in the commission of which a motor vehicle is used; f4) (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270; {&) (4) Racing on highways and streets; {6} (5) Using a motor vehicle in fleeing or attempting to elude an officer; or trft (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125."
Section 2. Said chapter is further amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof the follow ing:
"40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alco hol concentration of 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without pre scription present in their blood or urine, without regard to the presence of alcohol, while operating a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. The test or tests shall be admin istered at the request of a law enforcement officer having reasonable grounds to believe

2602

JOURNAL OF THE HOUSE,

that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Sec tion 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities.
(b) Any person who is dead, unconscious, or otherwise in a condition rendering him such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be adminis tered, subject to Code Section 40-6-392.
(c) As used in this Code section, the term 'traffic accident resulting in serious inju ries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns e* lacerations, disfig urement, dismemberment, partial or total loss of sight or hearing, or loss of conscious ness."
Section 3. Said chapter is further amended by striking subsection (d) of Code Sec tion 40-5-61, relating to surrender and return of license, in its entirety and inserting in lieu thereof the following:
"(d) When Except as provided in Code Section 40-5-62, when the revocation period expires, the department shall reinstate the license to the driver within 30 days."
Section 4. Said chapter is further amended by striking subsection (b) of Code Sec tion 40-5-62, relating to periods of license revocation, in its entirety and inserting in lieu thereof the following:
"(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investiga tion of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual viola tor for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00 or $200.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked."
Section 5. Said chapter is further amended by striking Code Section 40-5-63, relating to periods of license suspension, in its entirety and inserting in lieu thereof the following:
"40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of sus pension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed

TUESDAY, MARCH 23, 1993

2603

by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such per son submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Sec tion 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no convic tion of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall not be con sidered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Depart ment of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a con viction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. A driver's license sus pended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of comple tion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Depart ment of Human Resources and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo con tendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a convic
tion. For the purposes of this paragraph, a plea of nolo contendere and all prior
accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391
within five years, as measured from the dates of previous arrests for which convictions

2604

JOURNAL OF THE HOUSE,

were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391. (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's dis cretion shall be guided by the driver's past driving record and performance, and the driver shall pay the applicable restoration fee. In addition to any other requirement the department may impose, a driver's license suspended as a result of a conviction of a vio lation of Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relat ing to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehi cle, shall have his or her license suspended for a period of three years. Such person shall not be eligible for early reinstatement of hfe said driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction. (e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while oper ating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstate ment of his said driver's license. Such license shall be reinstated only if the person sub mits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that he such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HB 24.
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 Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
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 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
Y Dickinson YDii
Y Diion.H Y Diion,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 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
Joyce YKaye Y Kinnamon Y Klein

TUESDAY, MARCH 23, 1993

2605

Y Ladd Y Lakly Y Lane.D Y Lane.R
Y Lawrence Y Lawson Y Lee Y Lewis
Y Lord Lucas
Y Maddox Mann Martin
Y McBee Y McClinton
McKinney,B Y Milam 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
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 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
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
White Y Williams.B Y Williams.R
Y Yates Yeargin Murphy,Spkr

On the motion, the ayes were 161, nays 0. The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Anno tated, relating to payments under contracts, so as to provide for the right for a party pay ing certain federal manufacturer's taxes under contract to have an option to time those payments to precede immediately the other party's requirement to remit such taxes to the Internal Revenue Service; to provide a method for exercising such option; to provide for a right to security under contracts for payment of such taxes; to provide for applicability to certain contracts; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Anno tated, relating to payments under contracts, is amended by adding a new Code section immediately following Code Section 13-4-42, relating to the appropriation of payments, to be designated as Code Section 13-4-43, to read as follows:
"13-4-43. (a) When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (b) of this Code section.
(b) The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time that the other party is required to remit such taxes to the United States Internal Revenue Service.
(c) Should a party choose to exercise the option provided in subsections (a) and (b) of this Code section, the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole. Such party, however, may not change the other payment

2606

JOURNAL OF THE HOUSE,

terms of the contract without a valid business reason other than to exercise the option as provided in subsections (a) and (b) of this Code section except to require the pay ment of such taxes under such option to be made by electronic transfer of funds.
(d) The party exercising the option set out in subsections (a) and (b) of this Code section shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, which ever is later.
(e) This Code section shall apply to all contracts now in effect which have no expira tion date and are continuing contracts and to all other contracts entered into or renewed after July 1, 1993. Any contract in force and effect on July 1, 1993, which, by its own terms will terminate on a date subsequent thereto, shall be governed by the law as it existed prior to July 1, 1993.
(f) The option set out in subsections (a) and (b) of this Code section shall not be construed to impair the obligations arising under any contract executed prior to July 1, 1993. Should the option set out in subsections (a) and (b) of this Code section be exer cised, it shall not relieve such party of the obligation to make the reimbursement as pro vided for in the contract but shall affect only the timing of when that reimbursement must be tendered."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HB 797.
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
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 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 Y 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 Groover
Y Hammond Y Banner 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 YLane.D
Y Lane,R Y Lawrence Y Lawson YLee Y Lewis
Lord
Lucas Y Maddox
Mann
Martin Y McBee Y McClinton
McKinney,B YMilam Y Mills

On the motion, the ayes were 159, nays 0. The motion prevailed.

Y Mobley.B
Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal YOrrock 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
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 Y Streat Y Taylor
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 Y Westmorland
White Y Williams.B Y Williams.R Y Yates
Yeargin Murphy ,Spkr

TUESDAY, MARCH 23, 1993

2607

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.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Anno tated, relating to administration of taxation, so as to change certain provisions regarding the protest of a tax assessment; to change certain provisions regarding the contesting of certain assessments or license fees; to provide for procedures regarding a levy on accounts in or with certain financial institutions; to provide for the application of moneys received under Code Section 48-2-55; to provide for the surrender of certain property and rights; to provide for liability of persons refusing such surrender; to provide for the discharge of certain obligations; to authorize the state revenue commissioner to release or subordinate all or a portion of certain property subject to a state lien; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Anno tated, relating to administration of taxation, is amended by striking paragraph (1) of sub section (a) of Code Section 48-2-45, relating to service of notice of tax assessment, and inserting in its place a new paragraph (1) to read as follows:
"(1) In all cases in which the commissioner is required by law to provide an opportu nity fe* protest to appeal, the assessment of a tax or license fee shall become final if no written protest appeal is filed by the taxpayer with the commissioner within 30 days of the date of the notice of assessment."
Section 2. Said article is further amended by striking Code Section 48-2-46, relating to the contesting of certain assessments and license fees, and inserting in its place a new Code Section 48-2-46 to read as follows:
"48-2-46. Any taxpayer may contest any proposed assessment or license fee made or determined by the commissioner by filing with the commissioner a written protest at any time within 30 days from the date of notice of the proposed assessment or license fee or within such other time limit as may be specified within the notice of proposed assessment or license fee, if a different time limit is specified. All protests shall be pre pared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the commissioner. The filing of a writ ten protest, a petition for redetermination of a deficiency, or a written request by the taxpayer for additional time for filing such a petition shall toll the period of limitations for making an assessment until the petition is denied by the commissioner or the request is withdrawn in writing by the taxpayer. In the event the taxpayer desires a con ference or hearing, the fact of such desire must be set out in the protest. The commis sioner shall grant a conference before his officers or agents as he may designate at a time he shall specify and shall make such reasonable rules governing the conduct of con ferences as he may deem proper. The discretion given in this Code section to the com missioner shall be reasonably exercised on all occasions."
Section 3. Said article is further amended by striking subsection (c) of Code Section 48-2-55, relating to attachment, garnishment, and levy with respect to taxes, and inserting in its place a new subsection (c) to read as follows:

2608

JOURNAL OF THE HOUSE,

"(c) (1) In case of neglect or refusal by a taxpayer to pay any taxes, fees, licenses, penalties, interest, or collection costs due the state, the commissioner or his authorized representative may levy upon all property and rights to property belonging to the tax payer, except such as are exempt by law, for the payment of the amount due, together with interest on the amount, any penalty for nonpayment, and such further amount as shall be sufficient for the fees, costs, and expenses of the levy. As used in this sub section, the term 'property and rights to property' includes, but is not limited to, any account in or with a financial institution.
(2) A levy upon an account in or with a financial institution shall be a constructive levy and shall be effective at the time of personal service upon the financial institu tion as evidenced by an entry of service upon the levy by the commissioner or his authorized representative, or by an acknowledgement of service made by a proper offi cial of the financial institution indicating the date and time of service. The commis sioner or his authorized representative may, in lieu of personal service or service by mail, serve a levy upon a financial institution, and a financial institution may acknowledge service of a levy by telephonic facsimile transmission or by other means of instantaneous electronic transmission. The financial institution shall remit to the commissioner or his authorized representative as provided in this subsection not later than 15 days after personal service or acknowledgement of service by mail or facsimile or other instantaneous electronic transmission. Notwithstanding any other law to the contrary, a financial institution receiving a levy shall remit the full amount of its depositor's accounts that are subject to levy, to the extent of the amount claimed upon the levy, without deduction; provided, however, nothing contained in this subsec tion shall be deemed to diminish the right of a financial institution to exercise its right of setoff."
Section 4. Said article is further amended by adding two new subsections at the end of Code Section 48-2-55, relating to attachment, garnishment, and levy with respect to taxes, to be designated subsections (e) and (f), to read as follows:
"(e) The department shall apply all moneys obtained under this Code section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the delinquent taxpayer.
(f) (1) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made shall surrender such property or rights or discharge such obligation to the commissioner or his authorized representative, except such part of the property or rights as is subject, at the time of such levy, to an attachment or execution under any judicial process.
(2) Any person who willfully fails or refuses to surrender any property subject to levy shall be personally liable to the commissioner for a sum equal to the value of the property or rights not so surrendered but not exceeding the amount of the tax, inter est, and penalties for the collection of which such levy has been made, together with costs and interest at the rate specified in Code Section 48-2-40 from the date of such levy. The liability imposed in this subsection shall be paid upon notice and demand by the commissioner or his delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner. Any amount other than costs recovered under this subsection shall be credited against the subject taxpayer's liability for the collection of which such levy was made.
(3) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made who, upon service of levy by the commissioner or his authorized representative, surrenders such property or rights to property or discharges such obligation to the commissioner or his authorized representative shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property or rights to property arising from such surren der or payment."
Section 5. Said article is further amended by striking Code Section 48-2-58, relating to release of property subject to a state tax lien, and inserting in its place a new Code Section 48-2-58 to read as follows:

TUESDAY, MARCH 23, 1993

2609

"48-2-58. (a) The commissioner, upon the taxpayer's providing security sufficient to protect the state's interest and with the consent of the Attorney General, may release some or all of the property of a taxpayer which is subject to a state tax lien when the legality of the assessment which is the basis of the lien is being litigated.
(b) The commissioner may release or subordinate all or any portion of the property subject to a state tax lien if the commissioner determines that the tax, interest, and pen alties are sufficiently secured by a lien on other property or through other security or that the release, partial release, or subordination of such lien will not endanger or jeop ardize the collection of amounts due."
Section 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the 9th moved that the House agree to the Senate substitute to HB 269.
On the motion, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron YBarnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick N 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 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 Cumniings
Davis.G Y Davis,M
Y Dickinson Diz
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
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
Mann Martin Y McBee McClinton McKinney.B Y Milam Y Mills

On the motion, the ayes were 157, nays 1. The motion prevailed.

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph YRay
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 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 Y Twiggs Y Vaughan Y Walker
Wall Y Watson Y Watts Y Westmorland Y White Y Williams.B Y Williams.R Y Yates
Yeargin Murphy,Spkr

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.

The following Senate substitute was read:

2610

JOURNAL OF THE HOUSE,

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, 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 appli cation at the time of application for registration or transfer of registration of such vehicle; to prohibit the payment of a total loss claim by an insurer until the owner provides title to the vehicle to the insurer for submission to the state for the addition of a salvage legend to such title; to impose certain requirements on owners, insurers, and lienholders to submit titles for salvage motor vehicles to the commissioner for cancellation; to provide for penal ties for noncompliance; to require an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the registration and title of such vehicle prior to payment of such claim; to exempt certain vehicles suffering only minor damage from the definition of a salvage vehicle; to require inspection of stolen vehi cles for which insurance claims are paid in order to determine whether such vehicles are to be declared salvage vehicles; to provide for designation of flood damaged and fire dam aged vehicles on the face of the certificate of title; to prohibit issuance of a title for any vehicle declared nonrebuildable by any other state; to authorize exclusion of mobile homes from the certificate of title laws upon conversion to real property status; to provide for reissuance of a certificate of title to a mobile home which has been reconverted to tangible personal property status; to authorize imposition of an additional fee for issuance of a cer tificate of title for a vehicle previously titled in another country; to impose certain restric tions on rebuilders; to provide that vehicles damaged to the extent that safe repair of such vehicle is impossible shall not be titled under any circumstances; to provide for editorial revisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a license plate, in its entirety and inserting in lieu thereof the following:
"40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a num bered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and pro vided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that he such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him such owner, then the owner shall not be subject to the above penalties.

TUESDAY, MARCH 23, 1993

2611

(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designat ing the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate.
(d) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without maintaining either the original certificate of registration for such vehicle or a copy of such certificate in the vehicle at all times. The driver of any motor vehicle shall present proof of registration upon demand by any law enforcement officer."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-2-20, relating to motor vehicle registration and licensing requirements, in its entirety and inserting in lieu thereof the following:
"(a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, regis ter such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcy cles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter^ and obtain a license to operate it for the ensuing yearj and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehi cle, transfer such registration as provided in Code Section 40-2-42 and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. No person, com pany, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after pay ment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of regis tration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration."
Section 3. Said title is further amended by striking subsection (b) of Code Section 40-2-66, relating to transfer of special license plates for members of Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired mem ber shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation

2612

JOURNAL OF THE HOUSE,

and shall pay a transfer and cancellation fee of $1.00 $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and can cellation fee of $1.00 $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, where upon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate."
Section 4. Said title is further amended by striking paragraph (11) of Code Section 40-3-2, relating to the definition of salvage motor vehicle, in its entirety and inserting in lieu thereof the following:
"40-3-2. (11) 'Salvage motor vehicle' means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable con
dition would require the replacement of two or more major component parts bat shall not HieflR ftny sucn motor vcnicie wtticii rift9 TJCCH repfliped find tne title to wnicii is net transferred as a result of saeh damage er repair;
\oj--Wnicn nfls been flccjuiped by dR insuponce compftiiy fts tttc result ot trie veiiMHc s Dcin^ d&mA^Cd to tne extent tri&t tts PCstoPQ11on to dfi operdDie cond111on weakl require the replacement of- twe or ere flftaje* component parts;
{} (B) For which an insurance company has paid a total loss claim and the vehi cle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle for which as insurance company paid a total less dai and wiieh was subsequently recovered undamaged or damaged only te the extent that its restoration te tat operable condition would net require the replacement of twe er mere ajer component parts and which has the manufacturer^ vehicle iden tification number plate intact; which has been recovered with the public manufactur er's vehicle identification number plate intact and the vehicle:
(i) Is undamaged;
(ii) Has only cosmetic damage; or (iii) Has been damaged but only to the extent that its restoration to an operable condition will not require the replacement of two or more major compo nent parts; 4f)$ (C) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. The term salvage motor vehicle shall not include any motor vehicle for which a total loss claim has been paid which vehicle has sustained only cosmetic damage from causes other than fire or flood."

TUESDAY, MARCH 23, 1993

2613

Section 5. Said title is further amended by striking paragraphs (17) and (18) of Code Section 40-3-4, relating to exclusions from the certificate of title law, in their entirety and inserting in lieu thereof the following:
(17) A vehicle with a model year prior to 1963; er (18) A mopedT j or (19) A mobile home which has been declared real property by the tax commissioner or tax collector of the county within which such mobile home is located, and which mobile home is taxed as real property:
(A) The owner of a mobile home which has a valid certificate of title and which becomes subject to the exclusion provided for in this paragraph shall apply for retire ment of the certificate of title on the form prescribed by the commissioner.
(B) If, subsequent to retirement of the title on a mobile home which has been declared real property and taxed as such, the mobile home is reconverted to tangible personal property the owner may apply for a new certificate of title in the manner prescribed by the commissioner."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-3-21.1, relating to the impact fee for a vehicle titled outside of Georgia, in its entirety and inserting in lieu thereof the following:
"(a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state or country, a fee shall be levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule compiled by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehi cles with a fair market value in excess of $25,000.00. Persons who have paid an equiva lent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection."
Section 7. Said title is further amended by striking Code Section 40-3-36, relating to salvage certificates of title, in its entirety and inserting in lieu thereof the following:
"40-3-36. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) (A) The registered owner of any motor vehicle which is damaged to the extent
that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation.
(B) A motor vehicle owner who retains possession of a damaged vehicle which is a salvage motor vehicle as defined in paragraph (11) of Code Section 40-3-2 shall surrender the license plates and registration for such vehicle, shall not operate such vehicle upon the roads of this state, and shall not sell, trade, or otherwise dispose of such vehicle prior to obtaining a salvage certificate of title for such vehicle.
{B} (C) Any insurance company which acquires a damaged motor vehicle by vir tue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insur ance company paying such total loss clainij the vehicle owner, and the lienholder or security interest holder, as applicable, shall notify the commissieBef and the owner of tiic P^yment of ft totfti O8& ciftiiftr rPior to pflymeHt ot sucn clflirft7 trie insupflncc compsny sfifttx iniofni trie owner of tri veziicic^ us* wwTffl^j oft st toriri" prcscriDeci Dy the commissieftef; ef aH title and registration obligations attendant te retaining sack vehicle, take the following steps to secure a salvage certificate of title for such motor vehicle:

2614

JOURNAL OF THE HOUSE,

(i) If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall mail or deliver the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title;
(ii) If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an applica tion for a replacement title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall mail or deliver such application and form to the commissioner for issuance of a replacement original title marked salvage;
(iii) If the lienholder or security interest holder has possession of the certifi cate of title, the vehicle owner shall complete an application for a replacement title on a form provided bjr the commissioner and shall deliver the completed form to the insurance company prior to the payment of the claim; the insurance company shall thereafter mail or deliver the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been can celled, and the commissioner shall provide to the lienholder or security interest holder a salvage certificate of title for such vehicle, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, mail or deliver the cancelled original certificate of title to the commissioner; or
(iv) For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle license plate and certificate of registration for such vehi cle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and certificate of registration to the commissioner with a completed form provided by the commissioner; provided, however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph.
(D) The Department of Revenue shall give priority to the title submissions pro vided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company.
(b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the pay ment of a total loss claim as provided in paragraph (2) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or cor poration intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title.
(c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner.
(d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle.

TUESDAY, MARCH 23, 1993

2615

(e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-37, the legend 'rebuilt' or 'salvage' shall only be required to be placed on the certifi cate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt.
(f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pur suant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing and any administrative review thereof shall be con ducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumu lative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any vio lation of this Code section or any order, rules, or regulations promulgated pursuant thereto.
(g) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insur ance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers.
(h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor. Any owner of a salvage motor vehicle who transfers or attempts to transfer such vehicle without obtaining a salvage certificate of title for such vehicle shall be guilty of a misdemeannor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. Any lienholder or security interest holder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vehicle, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commis sioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable b a fine not to exceed $5,000.00.
(i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehi cle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle.
(j) If any insurance company pays a total loss claim to the registered owner of a sal vage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If

2616

JOURNAL OF THE HOUSE,

such license plate is unavailable, then the insurance company shall notify the commis sioner of the license plate number of such salvage motor vehicle."
Section 8. Said title is further amended by adding a new code Section 40-3-36.1 to read as follows:
"40-3-36.1. For any salvage motor vehicle which, after inspection, it is determined that repair to an operable condition does not require replacement of two or more major component parts but it is determined that the damage to the vehicle is a result of flood or fire shall be designated as flood damaged or fire damaged by the commissioner and such designation shall be indicated on the face of the certificate of title for such vehi cle."
Section 9. Said title is further amended by striking Code Section 40-3-37, relating to inspection of salvaged and rebuilt vehicles, in its entirety and inserting in lieu thereof the following:
"40-3-37. (a) As used in this Code section, the term] (1) 'Application for a certificate of title on a recovered stolen motor vehicle' means
an application for a certificate of title for a motor vehicle for which an insurance com pany has paid a total loss claim, has obtained a title marked 'unrecovered stolen motor vehicle,' and which has subsequently been recovered.
(2) 'application Application for a certificate of title on a salvaged or rebuilt motor vehicle' means:
41) (A) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-36 and which has been repaired;
{2} (B) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked 'salvage,' 'rebuilt,' or 'restored,' or any similar such phrase; or
{3} (C) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked 'salvage' pursuant to subsection (e) of Code Section 40-3-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2. (b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:
(A) Substantially all its interior parts; (B) Engine; (C) Transmission; (D) All doors; (E) Complete soft top assembly including roof mechanism; (F) Front clip assembly (fenders, hood, and bumper); or (G) Cab and bed of a pick-up truck, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identifi cation number, verification of the bills of sale or title for the major components, verifi cation in regard to rebuilt vehicles that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required

TUESDAY, MARCH 23, 1993

2617

reinspections even though the motor vehicle may have been previously inspected under this Code section.
(2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. The commissioner may order additional, corrective repairs to such vehicle as a condition of issuance of a cer tificate of title. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commis sioner in his inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a certificate
and obtain an inspection of such vehicle prior to the painting of such vehicle. (1) (A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word 'salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor
vehicle that such is a salvage motor vehicle. (B) If it is determined that the motor vehicle required or shall require the
replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning
such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be
affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the
motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only
apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of
subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued.
(3) If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the
salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title
under any circumstances or conditions including but not limited to obtaining of a surety bond. (e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose
current certificate of title is marked 'salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said
motor vehicle. If, under the laws of any other state, a vehicle has been declared to be nonrebuildable, the commissioner shall not issue any certificate of title for such vehicle
and the vehicle shall not be used for any purpose except parts. (f) (1) Motorcycles shall be exempt from the salvage laws of this state.
(2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word 'rebuilt.'"
Section 10. Said title is further amended by striking subsection (c) of Code Section 40-3-56, relating to satisfaction of security interests and liens, in its entirety and inserting
in lieu thereof the following:

2618

JOURNAL OF THE HOUSE,

"(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code sec tion, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or secu rity interest is listed. None of the provisions of this Code section shall preclude the per fection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a saetef mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commis sioner before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner."
Section 11. 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 Senate substitute to HB 164 as follows:
By striking lines 3 through 10 page 4.

Representative Groover of the 125th moved that the House agree to the Senate substi tute, as amended by the House, to HB 164.
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 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 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 Diion.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 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
Lord Y Lucas Y Maddox
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
O'Neal Y Orrock
Y Padgett Y Parham Y Parrish
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
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 Y Titus Y Towery Y Trense Y TurncjUest 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

TUESDAY, MARCH 23, 1993

2619

On the motion, the ayes were 165, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 223

The Committee of Conference on HB 223 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 223 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Arthur B. Edge, IV Senator, 28th District

1st Jimmy Lord Representative, 121st District

/s/ Wayne Garner Senator, 30th District

/s/ E. E. Bargeron Representative, 120th District

/s/ Nathan Dean Senator, 31st District

/s/ Bobby E. Parham Representative, 122nd District

A BILL
To amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide that the State Board of Funeral Service shall be authorized to require continuing education for certain embalmers and funeral directors; to provide for related matters; 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; to change the provisions relating to annual training requirements for certified coroners; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations; 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. Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Geor gia Annotated, relating to licenses for funeral directors and embalmers, is amended by inserting at the end thereof the following:
"43-18-55. (a) Beginning in 1994, the board is authorized to establish as a require ment for the renewal of an embalmer's license of any person who first obtains such a license on or after January 1, 1993, the completion of not more than 16 hours of contin uing education courses approved by the board biennially. Such continuing education courses shall include, without being limited to, attending the Academy of Graduate

2620

JOURNAL OF THE HOUSE,

Embalmers and attending regional meetings and seminars of the Georgia Funeral Direc tors Association. Any person having an embalmer's license is authorized to attend such continuing education courses whether or not such attendance is required for license renewal upon the same conditions as established for those whose attendance is required for license renewal. The board may waive such requirement in cases of disability or ill ness or under such other conditions as the board deems appropriate.
(b) An embalmer who is also licensed as a funeral director and who complies with any continuing education requirement required for the renewal of a funeral director's license shall not be required to complete any continuing education courses for the renewal of his or her embalmer's license.
43-18-56. (a) Beginning in 1994, the board is authorized to establish as a require ment for the renewal of a funeral director's license of any person who first obtains such a license on or after January 1, 1993, the completion of not more than 16 hours of con tinuing education courses approved by the board biennially. Such continuing education courses shall include, without being limited to, attending the Academy of Graduate Embalmers and attending regional meetings and seminars of the Georgia Funeral Direc tors Association. Any person having a funeral director's license is authorized to attend such continuing education courses whether or not such attendance is required for license renewal upon the same conditions as established for those whose attendance is required for license renewal. The board may waive such requirement in cases of disability or ill ness or under such other conditions as the board deems appropriate.
(b) A funeral director who is also licensed as an embalmer and who complies with any continuing education requirement required for the renewal of an embalmer's license shall not be required to complete any continuing education courses for the renewal of his or her funeral director's license."
Section 2. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking in its entirety Code Section 45-16-6, relating to the participation by coroners and deputy coroners in an annual training course, and inserting in lieu thereof a new Code Section 45-16-6 to read as follows:
"45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the a training course ef at least -H5 hews provided by the Georgia Police Academy approved by the Georgia Coroner's Training Council pursuant to Code Section 45-16-66. Any coro ner or deputy coroner taking the approved training course required fey this Code section provided by the Georgia Police Academy shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of training for that year may be waived by the Georgia Coroner's Training Council."
Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 45-16-66, relating to the annual training requirement for certified coro ners, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In order to maintain the status of a certified coroner, each person certified as such shall complete 24 hours ef such additional training per annum during each year in which he or she serves as coroner^ as provided in Code Section 46-16-6, by the Geor gia Coroner's Training Council in its rules and regulations, but such training course shall not be less than 16 hours per year. Each coroner and deputy coroner d- shall file a certificate of additional training with the Beard ef- Pablie Safety such council."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 23, 1993

2621

Representative Lord of the 121st moved that the House adopt the report of the Com mittee of Conference on HB 223.
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 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
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 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 N Lucas Y Maddox
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 Y Orrock
Y Padgett Par ham
Y Parrish
Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter
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 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 motion, the ayes were 160, nays 2. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state princi pals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to princi pals located in this state.

Representative Hammond of the 32nd moved that the House adhere to its position in substituting SB 295 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Representatives Hammond of the 32nd, Cauthorn of the 35th and Polak of the 67th.

2622

JOURNAL OF THE HOUSE,

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:

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.

The following Senate substitute was read:

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 defi nitions; to prohibit certain financial arrangements between referring health care providers and other providers of health care services; to provide for grounds for disciplinary action; to provide for disclosure of ownership and financial interests; to provide for exceptions; to provide for violations; to provide for penalties; to provide for an effective date and applica bility; to provide for exceptions to the applicability of such provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding, following Chapter 1A, a new Chapter IB to read as follows:
"CHAPTER IB
43-1B-1. This chapter shall be known and may be cited as the 'Patient Self-referral Act of 1993.'
43-1B-2. It is recognized by the General Assembly that the referral of a patient by a health care provider to a provider of designated health care services in which the health care provider has an investment interest represents a potential conflict of inter est. The General Assembly finds that these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The General Assembly also recognizes, however, that it may be appropriate for health care providers to own entities providing health care ser vices, and to refer patients to such entities, as long as certain safeguards are present in the arrangement. It is the intent of the General Assembly to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the citizens of Georgia from unnec essary and costly health care expenditures.
43-1B-3. As used in this chapter, the term: (1) 'Board' means any state examining board which, under the laws of this state,
licenses, registers, or in any other way regulates any health care provider to whom this chapter applies.
(2) 'Designated health services' means clinical laboratory services, physical therapy services, rehabilitation services, diagnostic imaging services, pharmaceutical services, and outpatient surgical services.
(3) 'Entity' means any individual, partnership, firm, corporation, or other business entity.
(4) 'Fair market value' means value in arm's length transactions consistent with the general market value and, with respect to rentals or leases, the value of rental

TUESDAY, MARCH 23, 1993

2623

property for general commercial purposes, not taking into account its intended use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the les sor where the lessor is a potential source of patient referrals to the lessee.
(5) 'Group practice' means a group of two or more health care providers legally organized as a partnership, professional corporation, or similar association:
(A) In which each health care provider who is a member of the group provides substantially the full range of services which the health care provider routinely pro vides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel;
(B) For which substantially all of the services of the health care providers who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
(C) In which the overhead expenses of and the income from the practice are dis tributed in accordance with methods previously determined by members of the group. (6) 'Health care provider' means a physician, chiropractor, podiatrist, optometrist, pharmacist, or physical therapist who is licensed or otherwise regulated under this title.
(7) 'Immediate family member' means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling.
(8) 'Investment interest' means an equity or debt security issued by an entity,
including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instru ments. The following investment interests shall be excepted from this definition:
(A) An investment interest in an entity that is a provider of a designated health service solely in a rural area;
(B) An investment interest in notes, bonds, debentures, or other debt instru
ments issued by an entity which provides designated health services, as an integral part of a plan by such entity to acquire such investor's equity investment interest
in the entity, provided that the interest rate is consistent with fair market value, and that the maturity date of the notes, bonds, debentures, or other debt instru ments issued by the entity to the investor is not later than July 1, 1996;
(C) An investment interest in real property resulting in a landlord-tenant rela
tionship between the health care provider and the entity in which the equity inter est is held, unless the rent is determined, in whole or in part, by the business
volume or profitability of the tenant or exceeds fair market value; (D) A financial relationship between a university, college, or other entity provid
ing education and training in the health sciences, including its owned and affiliated hospitals, and any entity or entities through which its faculty and employees who are health care providers provide designated health services; or
(E) A investment interest in a publicly held corporation with total assets over $50 million whose shares are traded on a national exchange or over-the-counter mar
ket if the investment interest is less than 1 percent of the corporation, there are no special stock classes for health care provider investors, and no income from the investment interest is tied to the volume of referrals.
(9) 'Investor* means a health care provider or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, without limitation, through an immediate family member, trust, or another entity related to the investor within the meaning of 42 C.F.R. subsection 413.17, in an entity.
(10) 'Referral' means any referral of a patient for health care services, including, without limitation:
(A) The forwarding of a patient by a health care provider to another health care provider or to an entity which provides or supplies designated health services or any other health care item or service;
(B) The request or establishment of a plan of care by health care provider which includes the provision of designated health services or other health care item or ser vice; or

2624

JOURNAL OF THE HOUSE,

(C) The following orders, recommendations, or plans of care shall not constitute a referral by a health care provider:
(i) By a radiologist for diagnostic imaging services; (ii) By a health care provider specializing in the provision of radiation therapy services for such services; (iii) By a health care provider referring within the health care provider's group practice; (iv) By a pathologist for diagnostic clinical laboratory tests and pathological examination services, if furnished by or under the supervision of such pathologist pursuant to a consultation requested by another health care provider; (v) By a staff health care provider of a hospital referring a patient to the hospital at which the health care provider has current staff privileges; (vi) By a health care provider for items or services provided by such health care provider or by a member of such health care provider's group practice to the patients of that health care provider or group practice or items or services pro vided or performed at the direction or under the supervision of such health care
provider or group practice; or (vii) By a health care provider when the patient is in need of emergency
health care services where any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected. (11) 'Rural area' means a county with a population density of no greater than 65 persons per square mile, as defined by the United States decennial census of 1990. 43-1B-4. Except as provided in this Code section:
(1) A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider has an investment inter est. This prohibition includes any consideration paid as compensation or in any man ner which is a product of, or incident to, or in any other way related to any membership, proprietary interest, or co-ownership with an individual, group, or orga nization to whom patients, clients, or customers are referred or to any employeremployee or independent contractor relationship including, without limitation, those that may occur in a limited partnership, profit-sharing arrangement, or other similar arrangement with any person licensed under this title to whom these patients are referred;
(2) A board shall encourage the use by licensees of the declaratory statement pro cedure to determine the applicability of this Code section or any rule adopted pursu ant to this Code section as it applies solely to the licensee. The board shall determine the name of any entity in which a health care provider investment interest has been approved pursuant to this Code section and the board shall adopt rules providing for periodic quality assurance and utilization review of such entities;
(3) No claim for payment may be presented by a health care provider or an entity to any individual, third-party payor, or other entity for a service furnished pursuant to a referral prohibited under this Code section, and, further, a third-party payor may request annually and receive from the health care provider a copy of the disclosure form provided for in subsection (a) of Code Section 43-1B-5;
(4) If the health care provider or entity collects any amount that was billed in vio lation of this Code section, the health care provider or entity shall refund such amount on a timely basis to the payor or individual, whichever is applicable;
(5) Any person who presents or causes to be presented a bill or a claim for service that such person knows or should know is for a service for which payment may not be made under paragraph (3) of this Code section and for which a refund has not been made under paragraph (4) of this Code section shall be subject to a civil penalty of not more than $15,000.00 for each such service;
(6) Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement, which the health care provider or entity knows or should know has a principal purpose of assuring referrals by the health care provider to a particular entity which, if the health care provider directly made referrals to such entity, would be in violation of this Code section shall be subject to

TUESDAY, MARCH 23, 1993

2625

a civil penalty of not more than $50,000.00 for each such circumvention arrangement or scheme;
(7) Any health care provider or entity that divides fees or agrees to divide fees received for a designated health service with any health care provider or entity solely for referring a patient shall be subject to a civil penalty of not more than $15,000.00 for each such service. The board shall develop rules regarding the prohibition of fee division and charging of fees solely for referral of a patient; and
(8) A violation of this Code section by a health care provider shall constitute grounds for disciplinary action to be taken by the health care provider's respective board, including the potential for license revocation. 43-1B-5. (a) A health care provider shall not refer a patient to an entity in which such health care provider has an investment interest unless, prior to the referral, the health care provider furnishes the patient with a written disclosure form approved by the health care provider's respective board, informing the patient of:
(1) The existence of the investment interest; (2) The name and address of each applicable entity in which the referring health care provider is an investor; and (3) The patient's right to obtain the items or services for which the patient has been referred at the location or from the health care provider or supplier of the patient's choice unless otherwise restricted by law, including the entity in which the referring health care provider is an investor. (b) The health care provider shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the health care provider's office. (c) The provisions of this Code section shall apply to all referrals made prior to July 1, 1996, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date. Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1996. (d) A violation of this Code section shall be grounds for disciplinary action by the board. 43-1B-6. (a) The provisions of Code Section 43-1B-4 shall not prohibit nor apply to the referral of patients to any entity or facility providing designated health services if there is no entity or facility of reasonable quality, price, or service in the community, alternative financing is not reasonably available, and all the following requirements are met: (1) No health care provider shall be required to make referrals or otherwise generate business as a condition for becoming or remaining an investor, and all other individu als are given a bona fide opportunity to invest in the facility on the same terms as a referring health care provider;
(2) The facility shall not loan funds nor guarantee loans for referring health care providers, nor shall the income from the investment be based on the volume of referrals made by the health care provider;
(3) The health care provider complies with Code Section 43-1B-5, requiring disclo sure of the investment interest to the patient; and
(4) The facility shall provide uncompensated health services for indigent or charity patients at a standard which meets or exceeds 3 percent of the gross revenues of the facility after provisions for bad debts and third-party adjustments have been deducted. The services offered shall be reasonably financially accessible to the resi dents of the facility's service area.
(b) The provisions of this Code section shall be regulated by the State Health Plan ning Agency.
43-1B-7. Except for purposes of disclosure, as described in Code Section 43-1B-5, the provisions of this chapter shall not apply to referrals from a physician listed on ff* valid panel of physicians treating the claimant pursuant to Chapter 9 of Title 34, relating to workers' compensation, or the rules of the State Board of Workers' Compensation.
43-1B-8. Notwithstanding the provisions of this chapter, this chapter shall not apply to any health care provider or to any designated health service if the financial interest

2626

JOURNAL OF THE HOUSE,

of such health care provider in such designated health service is restricted or regulated pursuant to any federal law which is applicable to such health care provider or desig nated health service and which covers private paying patients as well as medicare or Medicaid patients."
Section 2. This Act shall become effective July 1, 1993, and shall apply to referrals for designated health services and other health care items or services made on or after July 1, 1993, provided that with respect to an investment interest acquired by an investor before July 1, 1993, Code Section 43-1B-4 shall not apply to referrals for designated health services and other health care items or services occurring before July 1, 1996.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Skipper of the 137th moved that the House agree to the Senate substi tute to HB 920.
On the motion, 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
Bordeaux 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
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 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 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
Lane.R Y Lawrence
Y Lawson YLee Y Lewis YLord
Lucas N Maddox
Mann Martin Y McBee Y McClinton McKinney.B YMilam Y Mills

On the motion, the ayes were 156, nays 3. The motion prevailed.

Y Mobley.B Y Mobley,J Y Moore
Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
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
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
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
Westmorland Y White Y Williams,B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

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 Senate amendment was read:

TUESDAY, MARCH 23, 1993

2627

Amend HB 320 by adding on page 2, line 7 after "agreement."
Any such licensing agreement shall be approved by the Fiscal Affairs Sub-Committee of the Senate and the House of Representatives before being executed by the Commis sioner.

Representative Lane of the 55th moved that the House agree to the Senate amend ment to HB 320.
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 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 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 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
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 YLane.D
Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox
Mann Martin
Y McBee Y McClinton
McKinney,B
Y Milam Y Mills

Y Mobley.B Y Mobley,J Y Moore Y Moaley Y Mueller Y Oliver Y O'Neal YOrrock Y Padgett Y Parham Y Parrish
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
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 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 Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White
Williams.B Y Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 162, nays 0. The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 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 report of the Committee of Conference was read:

2628

JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON SB 73

The Committee of Conference on SB 73 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 73 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mark Taylor Senator, 12th District

/s/ E. B. Johnson Representative, 153rd District

/s/ Robert Brown Senator, 26th District

/s/ Nancy Orrock Representative, 56th District

/s/ David Scott Senator, 36th District

/s/ Tom Bordeaux Representative, 151st District

A BILL
To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide for find ings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and expenses, and powers and duties; to provide for duties of the Department of Education; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Geor gia Annotated, relating to the effectiveness of educational programs, is amended by adding at the end a new Code section to read as follows:
"20-2-284. (a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each public school system has utilized moneys derived from the Georgia Lottery for Education.
(b) As used in this Code section, the term 'council' means the Council for School Performance established in subsection (c) of this Code section.
(c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be appointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the Presi dent of the Senate, neither of which members shall be a member of the General Assem bly. The public members shall serve at the pleasure of the appointing authority. The State School Superintendent shall serve as the seventh member and shall have the same vote on the council as any other member.
(d) The Governor shall select a chairperson for the council from among the six pub lic members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for their travel expenses when necessary in carrying out the duties of their office.
(e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative purposes only, as set forth in Code Section 50-4-3. The council is authorized to enter into contracts to fulfill its duties under this Code section.

TUESDAY, MARCH 23, 1993

2629

(f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council informa tion regarding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.
(g) The Council for School Performance shall issue an annual report no later than December 1 of each year, commencing December 1, 1994. The report shall be an impar tial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include informa tion concerning outcomes of the state's investment in each public school and each public school system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Copies of the report shall be pro vided to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bordeaux of the 151st moved that the House adopt the report of the Committee of Conference on SB 73.
On the motion, the roll call was ordered and the vote was as follows:

N 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 N Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner Y 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 Y Coker Y Coleman,B Y Coleman.T

Y Colwell Connell
YCox N Crawford
N Crews Y Culbreth Y Cummings
Davis.G N Davis.M N Dickinson N Dix Y Dixon.H Y Dixon.S
Y Dobbs Y Dover N 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
Y Hammond Y Hanner Y Harris.B N Harris.M YHart Y Heard Y Hegstrom N 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 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
Mann Y Martin
Y McBee Y McClinton
McKinney.B Y Milam N Mills

On the motion, the ayes were 133, nays 34. The motion prevailed.

Y Mobley.B
Y Mobley,J N Moore Y Mosley N MueUer Y Oliver Y O'Neal YOrrock Y Padgett YParham Y Parrish
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
Sinkfield
Y Skandalakis Y Skipper

Y Smith,C Y Smith,L Y Smith,? Y Smith.T N Smith.V Y Smith,W
YSmyre YSnow Y Stancil.F N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus N Towery N Trense Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall
Y Watson Y Watts N Westmoreland
White N Williams,B Y William8,R N Yates Y Yeargin
Murphy,Spkr

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

2630

JOURNAL OF THE MOUSE,

SR 8. By Senators Scott of the 36th and Oliver of the 42nd: A resolution creating the Capital Outlay for Education Task Force.

The following amendment was read and withdrawn:

The Committee on Education moves to amend SR 8 by striking "$1" and inserting "$1.5" on line 18 of page 1.
By striking lines 8 through 28 of page 2 and inserting in its place the following:
"NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Joint Capital Outlay Study Committee is created to consist of: six members of the Senate appointed by the President of the Senate; the Administration Floor Leader of the Senate; six members of the House of Representatives appointed by the Speaker of the House of Representatives; and the Administration Floor Leader of the House. The President of the Senate shall name a Senator who serves on the commit tee as chairperson of the Senate membership of the committee and the Speaker of the House of Representatives shall name a member of the House who serves on the commit tee as chairperson of the House membership of the committee/The House and Senate membership of the committee shall meet jointly on the call of the chairpersons. The committee shall make a study of matters relating to the influence of current Code Sec tion 20-2-260, relating to capital outlay funds generally, upon state and local expendi tures; community satisfaction with consolidation, size, and location of schools; safety issues associated with relocation of schools other than in neighborhoods where students reside; size of schools as to cost, safety, and academic appropriateness; and any other matters determined relevant by the committee to the examination of relationships between the capital outlay program and its effect upon desired educational outcomes."
By adding on line 19 of page 3 after "discontinued" the phrase "prior to completion of this consolidation funding program for systems identified under programs prior to July 1, 1993".
By striking lines 23 through 28 of page 3 and inserting the following:
"(3) Do the recently passed subsections (k.l) and (r) of Code Section 20-2-260 require amendments for clarification?"
By striking lines 1 through 3 of page 4 and renumbering the following paragraphs (6) through (13) as (5) through (12), respectively.
By striking lines 4 through 9 of page 5 and inserting the following:
"(12) The task force shall examine whether new programs and incentives, such as prekindergarten programs, among others, should be part of the school construction pro gram."
By striking lines 10 through 31 of page 5 and lines 1 through 10 of page 6 and insert ing the following:
"BE IT FURTHER RESOLVED that the committee may meet at such times and places within the State of Georgia as it deems necessary for the completion of its study. The members of the committee shall receive the expenses and travel allowances pro vided by law for members of legislative interim committees for attending meetings of the committee, but such expenses and allowances are authorized for a maximum of ten meeting days. The funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the legislative branch of government.
BE IT FURTHER RESOLVED that the committee shall make a report of its findings and recommendations to the Governor and to the General Assembly by not later than December 1, 1993, on which date the committee shall stand abolished."

TUESDAY, MARCH 23, 1993

2631

The following substitute, offered by Representatives Godbee of the 145th and Felton of the 43rd was read:

A RESOLUTION
Creating the Capital Outlay for Education Task Force and the Education Accountabil ity and Evaluation Commission; and for other purposes.
Part 1
WHEREAS, the State of Georgia is committed to the construction of school facilities designed to house every public school student in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs; and
WHEREAS, the State of Georgia is committed to pursuing the National Educational Goals and educational excellence; and
WHEREAS, it is essential that a school facility reflect the educational needs of the students rather than serve to limit the types of educational programs which may be adopted; and
WHEREAS, it is recognized that the needs of the community where the school is located must be considered in the type of construction program initiated; and
WHEREAS, the State of Georgia has committed over $1.5 billion since 1981 to fund school construction, renovation, retrofitting, and classroom additions; and
WHEREAS, the State of Georgia provides an average of from 75 to 90 percent of the funding for all eligible school facility projects; and
WHEREAS, the annual appropriation for capital outlay purposes at times exceeds $100 million based upon funding requests for the six separate capital outlay funding cate gories; and
WHEREAS, it has been more than eight years since the capital outlay program has been reviewed to reflect current needs.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Capital Outlay for Education Task Force to consist of four members of the Senate to be appointed by the President of the Senate; four mem bers of the House of Representatives to be appointed by the Speaker of the House of Rep resentatives; one representative from the Department of Education to be appointed by the State School Superintendent; one representative to be appointed by the Georgia School Superintendent's Association; and the President of the Georgia School Boards Association or the president's designee. The chair of the task force shall be selected by the member ship. The chair shall call all meetings of the task force. The task force shall prepare a study for the Governor and the General Assembly to include, but not be limited to, recom mended revisions of the current capital outlay program, as set out in Code Section 20-2-260 of the O.C.G.A., and other related matters, such as how capital outlay funds affect other state and local education expenditures; community satisfaction with consolida tion, size, and location of schools; safety issues associated with relocation of schools other than in neighborhoods where students reside; size of schools as to cost, safety, and aca demic appropriateness; and any other matters determined relevant by the task force to the examination of relationships between the capital outlay program and its effect upon desired educational outcomes.
BE IT FURTHER RESOLVED that issues and questions to be addressed by the Cap ital Outlay for Education Task Force should include, but not be limited to, the following:
(1) Should school size affect capital outlay entitlement? (A) Should there be a base size, and, if so, what should it be?

2632

JOURNAL OF THE HOUSE,

(B) Should there be a maximum or minimum size, and, if so, what should it be? (C) Should the state provide incentives to consolidate small schools? (2) Should current capital outlay funding options be modified? (A) Should more than one project be allowed under regular advance funding? (B) Should planning grants for incentive advance funding be discontinued? (C) Should incentive advance funding be discontinued prior to completion of this consolidation funding program for systems identified under programs prior to July 1, 1993? (D) Should funding include planning and equipping for new technologies such as computers? (3) Do the recently passed subsections (k.l) and (r) of Code Section 20-2-260 require amendments for clarification? (4) Does the use of technology and other innovations have implications for school construction? (5) Should design and construction methods, cost schedules, and procedures such as the following be considered in making changes to the current law: (A) Pre-engineered, relocatable buildings; (B) Prototype or stock plans; (C) New construction techniques; (D) Construction codes; (E) Bidding process; (F) Construction management; and (G) Renovation property? (6) Should interagency collaboration be incorporated into the law? (7) Are obsolescent facilities being abandoned inappropriately? (8) How can the state and local systems effectively deal with demographic shifts that create low enrollment and reduced use of fit facilities in some areas, while other areas experiencing rapid growth must make do with inadequate facilities? (9) The task force shall monitor federal legislation that may be significant for Georgia. (10) The task force shall look at how capital outlay projects fit into total local stra tegic planning. (11) The task force shall address the needs of unhoused students through a study of relevant statistics and other pertinent information. (12) The task force shall examine whether new programs and incentives, such as prekindergarten programs, among others, should be part of the school construction program.
BE IT FURTHER RESOLVED that the task force 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 task force deems necessary or appropriate. The task force may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. All members of the task force shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the task force shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim commit tees. All members of the task force, except members of the General Assembly, shall be reimbursed for such expenses from funds appropriated or available to the Department of Education. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed ten meetings. In the event the task force makes a report of its findings and recommendations, with suggestions for proposed legisla tion, if any, such report shall be made on or before December 1, 1993. The task force shall stand abolished on December 1, 1993.

TUESDAY, MARCH 23, 1993

2633

Part 2
WHEREAS, the enactment of the "Quality Basic Education Act" ("QBE") was hailed as landmark legislation which would radically reform public education in this state; and
WHEREAS, the success of the next generation of Georgians in competing in the world marketplace depends in large measure upon the success of QBE in achieving its stated goals; and
WHEREAS, although QBE has never been fully funded, it nevertheless consumes an enormous amount of federal, state, and local tax funds; and
WHEREAS, the citizens of this state deserve to know whether this costly program is paying off for the students whom the program is intended to educate.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Education Accountability and Evaluation Commission. The commission shall be composed of nine members. Three members, none of whom shall be a member of the General Assembly, shall be appointed by the Governor. Three mem bers shall be members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. Three members shall be members of the Senate who shall be appointed by the President of the Senate. The members of the commission who are not members of the General Assembly shall be appointed from educators, school board members, business leaders, deans of colleges of education, and others having a dem onstrated interest in educational matters. The chairperson of the commission shall be elected from the membership of the commission. Members of the commission shall serve as such until December 31, 1994.
BE IT FURTHER RESOLVED that legislative members and citizen members shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the commission. Members of the commission who are state officials, other than legislative members, and state employees shall receive no com pensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of state officials, other than legisla tive members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The funds necessary for the reimbursement of the expenses of members of the commission who are not legislative members or state offi cials or employees shall come from funds appropriated or otherwise available to the Department of Education. All other funds necessary to carry out the provisions of this res olution shall come from the funds appropriated to or otherwise available to the House of Representatives. The commission shall receive personnel support from the staff in the Department of Education, the Governor's office, and the legislative branch of government.
BE IT FURTHER RESOLVED that the commission shall study the progress achieved since QBE became effective, as measured against the objectives and goals set forth in Code Sections 20-2-131 and 20-2-132 of the Official Code of Georgia Annotated, and shall estab lish for each school system the percentage of federal, state, and local funds expended for direct student instruction for each year since 1985. The commission may adopt indicators of student progress, school progress, and academics and system progress which shall include measures of student achievement, program improvement, including programs that were dropped or were not established because of lack of funds, number of students enrolled in upper-level courses, number of teachers involved in staff development designed to improve teaching methodologies, school statistics on dropouts, retention rates, attend ance, discipline, students on free lunch, minimum school size as it relates to distance that students travel, parent's involvement, and all other relative information.
BE IT FURTHER RESOLVED that the commission shall report its findings to the Governor and the General Assembly no later than December 1, 1993, and December 1, 1994, and make recommendations regarding adjustments to funding and other formulas,

2634

JOURNAL OF THE HOUSE,

changes in statutes and rules, and assessments of needs for each school system which will further the purposes and goals of QBE. Prior to the issuance of such report, the commis sion shall conduct at least one public hearing in each congressional district. The commis sion shall be abolished December 31, 1994.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Floor substitute to SR 8 as follows:
By striking "ten" on line 4 page 6 and inserting "five".
By adding on line 17 page 7 after "commission" the following:
"The legislative members are authorized expenses and allowances for five days unless additional days are otherwise authorized."

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, as amended, 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 Y Bordeaux
Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
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 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 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 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
Kinnamon Y Klein YLadd Y Lakly Y Lane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox
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 Y Orrock
Padgett Y Parham Y Parrish
Patten Y 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 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
Stanley.L Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas.C Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Wataon Y Watts
Westmorland White Y Williams,B Y Williams,R Y Yatss
Y Yeargin Murphy,Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

TUESDAY, MARCH 23, 1993

2635

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 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.

The Senate has disagreed to the House substitute to the following Bill of the Senate:

SB 351. By Senator Abernathy of the 38th:
A bill to provide that the governing authority of Fulton County may not expand any existing noncommercial county airport to accommodate a com mercial use unless such expansion is approved in a referendum.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 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.
The President has appointed on the part of the Senate the following:
Senators Starr of the 44th, Dawkins of the 45th and Robinson of the 16th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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 nonparti san elections for county officers and school boards may be held during the general election without a prior nonpartisan primary.

Representative Buck of the 135th moved that the House adhere to its position in sub stituting SB 283 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker has appointed as a Committee of Conference on the part of the House the following members:

2636

JOURNAL OF THE HOUSE,

Representatives Lee of the 94th, Chambless of the 163rd and Buck of the 135th.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 750

The Committee of Conference on HB 750 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 750 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Waymond C. Huggins Senator, 53rd District

/s/ Cummings Representative, 27th District

1st Pam Glanton Senator, 34th District

/s/ McBee Representative, 88th District

Is/ Clinton M. Day Senator, 48th District

/s/ Twiggs Representative, 8th District

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 provide that certain persons shall be entitled to retire at age 55; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 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-lll.(a) Any other provision of law to the contrary notwithstanding, any mem ber stated in subparagraphs (B) through (E) of paragraph (1) of subsection (b) of Code Section 47-2-110 who is subject to the involuntary separation 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 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;
(2) 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

TUESDAY, MARCH 23, 1993

2637

(3) 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 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. (b) Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an offi cer or agent; by the Department of Natural Resources as a conservation ranger; or by the Department of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigations Unit shall be eligible to retire at age 55 if he or she has the minimum number of years of creditable service provided in Code Section 47-2-110, and upon retirement such member shall be paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 without a change in compensation and with the same number of years' creditable service to which such member is entitled at the time of retirement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Twiggs of the 8th moved that the House adopt the report of the Com mittee of Conference on HB 750.
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 Y Bargeron Y Barnes
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 Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
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 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

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 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 Y Orrock Y Padgett Y Parham Y Parrish
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
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
StanciliF Y Stancil.S Y Stanley,L
Stanley,? Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C
Tillman Y Titus Y Towery
Y Trense 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

2638

JOURNAL OF THE HOUSE,

On the motion, the ayes were 159, nays 0. The motion prevailed.

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 "aye" thereon.

The following Bills of the House and Senate were taken up for the purpose of consid ering the Senate amendments thereto:

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 following Senate amendments were read:

SENATE AMENDMENT No. 1

Amend HB 677 by striking on line 33 of page 2 the following: "insurance company", and inserting in lieu thereof the following: "licensed rating organization". By striking lines 1 through 3 of page 3 and inserting in lieu thereof the following: "to the insured.'".

SENATE AMENDMENT No. 2

Amend HB 677 by striking line 7 of page 1 and inserting in lieu thereof the following:
"under a workers' compensation insurance policy; to provide that no person shall solicit membership or participation in any workers' compensation self-insurance fund unless such person has an agent's license or a counselor's license issued pursuant to Arti cle 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated or except under certain other conditions; to repeal".
By striking line 4 of page 3 and inserting in lieu thereof the following:
"Section 3. Said chapter is further amended by designating the existing wording of Code Section 34-9-155, relating to admission of new members into workers' compensa tion self-insurance funds, as subsection (b) and by inserting immediately preceding such subsection the following:
'(a) No person shall solicit membership or participation in any fund unless such person:
(1) Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or
(2) Is an officer, director, or employee of:
(A) A professional association or trade association; or

TUESDAY, MARCH 23, 1993

2639

(B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code.'
Section 4. All laws and parts of laws in conflict".

The following amendment was read and adopted:

Representatives Smyre of the 136th and Groover of the 125th move to amend Senate amendment No. 2 by adding on line 12 of page 1 after the semicolon and before the word "to" the following:
"to provide an effective date;".
By striking line 4 of page 2 and inserting in lieu thereof the following:
"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in".

Representative Smyre of the 136th moved that the House agree to the Senate amend ments, as amended by the House, to HB 677.
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 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
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
Davis.G Y Davis,M Y Dickinson YDix Y Dixon,H
Y Dixon.S Y Dobbs Y Dover Y Ehrhart YEpps Y Evans Y Pelton Y FloydJ.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
Y Jamieson Y Jenkins Y Johnson,D.H
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 Maddox Mann Martin Y McBee Y McClinton McKinney.B Milam Y Mills

On the motion, the ayes were 160, nays 0. The motion prevailed.

Y Mobley.B Y Mobley,J Y Moore Y Mosley Y Mueller Y Oliver YO'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 Randall
Randolph YRay
Reaves Y Reichert Y Roberts Y Royal
Y Scoggins YShanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skandalakis
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
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

2640

JOURNAL OF THE HOUSE,

SB 306. By Senators Garner of the 30th and Robinson of the 16th:
A bill to amend Chapter 1 of Title 27 of the Official Code of Georgia Anno tated, relating to general provisions concerning game and fish, so as to pro vide that after a conservation ranger has accumulated 25 years of service with the Department of Natural Resources as a peace officer and upon leav ing such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon.

The following Senate amendment was read:

Amend the House amendment to SB 306 by striking lines 10 through 13 of page 1 and inserting in lieu thereof the following:
"owners shall be allowed to petition the Department of Natural Resources to remove a bear constituting a threat to property; to provide for the form of such petition; to pro vide for the responsibilities and duties of the department relative to such petition;".
By striking lines 23 through 32 of page 1 and lines 1 through 13 of page 2 and insert ing in lieu thereof the following:
'"27-3-21. !H*e Any property owner ef a beehive or his or her agent shall have the right to k-iH petition the department to remove any bear which shall constitute a clear and immediate threat to his or her property; provided that prier written pcrmiaaion te
inC OOCiHVG OWH6F ftdS eQUlppCU CllG D6CI11V6 WitII CltJlCP ~& tIlPCCTMStPflttU tUily OpCFft11VC
cicct/ric fence on posts ftt ICQSI toui* tec* floove trie ^pounu Of otner prot-ec11ve device) when Stteh other protective device has been approved fey the department; provided, far ther; that e saeh ewner er agent shall have the right te destroy any feear unless it shall T&O Killed witnin tfte itnmediflte vicinity of trie trirefltcncd propetty OF unless tne shaU have been tracked fey regs directly frem the damaged property te the point
administration and enforcement of this titte shall have been first given at least one iiour s prior notice oy *ne owner 0 toe oeenive OF ins fluent DCIOPC tpBCKing snftii con*1" menee. The property owner shall petition the department for such removal on a form containing such information as may be necessary for the proper evaluation and consider ation of the application. Removal shall occur only in cases where the department has determined that the removal of the bear is justified. Representatives of the department are authorized to investigate claims of damage and the necessity of removal of the bear prior to taking action on the
Representative Twiggs of the 8th moved that the House agree to the Senate amend ment to the House amendment to SB 306.
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 Y Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D
Brooks.T

Brown
YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrel) Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Chillers

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 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 Y Howard Y Hudson Y Hughes Y Hugley
James Y Jamieson Y Jenkins

TUESDAY, MARCH 23, 1993

2641

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 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 Y Orrock Y Padgett Y Parham Y Parrish
Patten

Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell Y Purcell
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Royal
Y Scoggim Y Shanahan Y Sherrill Y Shipp

On the motion, the ayes were 158, nays 0. The motion prevailed.

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
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 Y Yates
Yeargin Murphy.Spkr

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 206

The Committee of Conference on HB 206 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 206 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Rooney L. Bowen Senator, 13th District

/s/ Robert Harris Representative, 112th District

/s/ Don Cheeks Senator, 23rd District

/s/ Van Streat, Sr. Representative, 167th District

Is/ G. B. Pollard, Jr. Senator, 24th District

/s/ Ralph Twiggs Representative, 8th District

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the minimum annual salaries of clerks of the superior courts, judges of the probate courts, and sheriffs; to change the population brackets for such salaries; to change

2642

JOURNAL OF THE HOUSE,

the effective date of cost-of-living increases in such salaries; to clarify the method of calcu lating longevity increases; to amend Code Section 48-5-183 of the Official Code of Georgia Annotated, relating to minimum salaries of tax commissioners and tax collectors, so as to provide that such officials in certain counties shall not be entitled to certain fees; to change the minimum annual salaries and population brackets for such salaries of tax col lectors and tax commissioners; to change the effective date of cost-of-living increases in such salaries; to clarify the method of calculating longevity increases; to provide an effec tive date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is

amended by striking subsections (a) and (b) of Code Section 15-6-88, relating to minimum

salaries for clerks of the superior courts, and inserting in lieu thereof new subsections to

read as follows:

"(a) Any other provision of law to the contrary notwithstanding, the minimum

annual salary of each clerk of the superior court in each county of 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 oth

erwise provided in subsection (b) of this Code section, each such clerk shall receive an

annual salary, payable in equal monthly installments from the funds of the county, of

not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999.......................................................................................$ 16,366.00 17.921.00

6,000 -- 11,999....................................................................................... 22,460.00 24,610.00

12,000 -- 19,999....................................................................................... 367*43=00 27,879.00

20,000 -- 2999 28.999.......................................................................... 27,260.00 29,868.00

30,000--------30,009...................................................................................................... 20,076.00

29,000 -- 38,999........................................................................................................... 31.859.00

40^900 39,000 -- 49,999 .......................................................................... 30,804.00 33,851.00

50,000 -- 99j999 74,999 .......................................................................... 82,712.00 36,180.00

75,000-- 99,999........................................................................................................ 38,834.00

100,000 -- 199,009 149,999......................................................................... 84,629.00 41,489.00

150,000-- 199,999......................................................................................................... 46,023.00

200,000 -- 249,999....................................................................................... 36,346.00 50,735.00

250,000 -- 294,009 299,999......................................................................... 60,268.00 55,486.00

206,000 -- and p......................................................................................................... 66,486.00

300,000 or more............................................................................................................. 60,797.00

(b) On and after July 1, 4992 1994, whenever the employees in the classified service

of the state merit system receive a cost-of-living increase of a certain percentage or a

certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of

this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section

15-10-105, or the amounts derived by increasing each of said amounts through the appli

cation of longevity increases pursuant to subsection (a) of Code Section 15-6-90, where

applicable shall be increased by the same percentage or same amount applicable to such

state employees. If the cost-of-living increase received by state employees is in different

percentages or different amounts as to certain categories of employees, the amounts

fixed in the minimum salary schedule in subsection (a) of this Code section, in Code

Section 15-6-89, and in subsection (b) of Code Section 15-10-105, 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 Planning and Budget shall calcu

late the average percentage increase or average amount increase when necessary. The

periodic changes in the amounts fixed in the minimum salary schedule in subsection (a)

of this Code section, in Code Section 15-6-89, in subsection (b) of Code Section

15-10-105, or the amounts derived through the application of longevity increases, as

authorized by this subsection shall become effective si* months on the first day of Janu

ary following the date that the cost-of-living increases received by state employees

TUESDAY, MARCH 23, 1993

2643

become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1^ such periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section, in Code Section 15-6-89, and in subsection (b) of Code Section 15-10-105, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (a) of Code Section 15-6-90, shall become effective on the same date that the cost-of-living increases received by state employees become effective."

Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-6-90, relating to longevity increases for clerks of the superior courts, and inserting in lieu thereof a new subsection to read as follows:
"(a) The amounts provided in subsection (a) of Code Section 15-6-88 and Code Sec tions 15-6-89 and 15-10-105, as increased by subsection (b) of Code Section 15-6-88, shall be increased by 6 percent per each four-year term ef office multiplying said amounts by the percentage which equals 5 percent times the number of completed fouryear terms of office served by any clerk after December 31, 1976, figured at th end effective the first day of January following the completion of each such period of ser vice."

Section 3. Said title is further amended in Code Section 15-9-63, relating to mini

mum salaries for judges of the probate courts, by striking in its entirety subsection (a) and

inserting in lieu thereof a new subsection to read as follows:

"(a) (1) Any other laws to the contrary notwithstanding, the minimum annual sal

ary of each judge of the probate court in this state shall be fixed according to the pop

ulation of the county in which he or she serves, as determined by the United States

decennial census of 1990 or any future such census. Each such judge of the probate

court shall receive an annual salary, payable in equal monthly installments from the

funds of his or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999.........................................................................................$ 16,402.00 17,921.00

6,000 -- 11,999................................................................................... 20,337.00 24,610.00

12,000 -- 19,999................................................................................... 22,601.00 27,879.00

20,000 -- 29,000 28,999....................................................................... 24,067.00 29,868.00

30,000----30,000.................................................................................................... 27,611.00

31,859.00

t 33,851.00

50,000 -- 99;999 74,999....................................................................... 31,341.00 36,180.00

75,000 -- 99,999.................................................................................................... 38,834.00

100,000 -- 109,900 149,999..................................................................... 37,704.00 41,489.00

150,000 -- 199,999..................................................................................................... 46,023.00

200,000 -- 204,000 249,999..................................................................... 46,303.00 50,735.00

250,000-299,999....................................................................................................... 55,486.00

206,000 300,000 or more.......................................................................... 60,468.00 60,797.00

(2) On and after July 1, 1002 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 15-9-64, or the amounts derived by increas

ing each of said amounts through the application of longevity increases pursuant to

Code Section 15-9-65, where applicable shall be increased by the same percentage or

same amount applicable to such state employees. If the cost-of-living increase received

by state employees is in different percentages or different amounts as to certain cate

gories of employees, the amounts fixed in the minimum salary schedule in paragraph

(1) of this subsection, and in Code Section 15-9-64, 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 sal

ary granted to the state employees. The Office of Planning and Budget shall calculate

the average percentage increase or average amount increase when necessary. The

periodic changes in the amounts fixed in the minimum salary schedule in paragraph

2644

JOURNAL OF THE HOUSE,

(1) of this subsection, and in Code Section 15-9-64, 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 following 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 1^ such periodic changes in the amounts fixed in the minimum salary schedule in par agraph (1) of this subsection and in Code Section 15-9-64, or the amounts derived by increasing each of said amounts through the application of longevity increases pursu ant to Code Section 15-9-65, where applicable, 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 4. Said title is further amended by striking in its entirety Code Section 15-9-65, relating to longevity increases for judges of the probate courts, and inserting a new Code section to read as follows:
"15-9-65. The amounts provided in paragraph (1) of subsection (a) of Code Section 15-9-63 and Code Section 15-9-64, as increased by paragraph (2) of subsection (a) of Code Section 15-9-63, shall be increased by 6 percent for each four-year term ef- office multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any judge of a probate court after December 31, 1976, figured at the ed effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except where the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67, in which event Code Sections 15-9-63, 15-9-64, this Code section, and Code Sections 15-9-66 and 15-9-67 shall prevail."

Section 5. Said title is further amended in Code Section 15-16-20, relating to mini

mum annual salaries of sheriffs, by striking subsections (a) and (b) in their entirety and

inserting in lieu thereof new subsections 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 sheriff's county, of not less than the amount

fixed in the following schedule:

Population

Minimum Salary

O"

OCi ftQjiQJtQJ

<4p ilO jAvOC1J-.fU\fU\ O^cE?,^OCJ 7I ,\AJ\AJ

6,000 - 11,999

26,722.00 28,184.00

12,000 - 19,999 Qif\jltf\\jT\\jC\j\ ~ oin\)f\n3n\yn\j o^oo,j7QPQtQ7

20,639.00 32,365.00 oOo,coogo.AuAu QqcOjOQoQj.vA/Au

29,000 - 39,099 38,999

36,612.00 38,910.00

39,000- 49,999

380fe0e 41,852.00

50,000- 997999 74,999

44SMQ 45,418.00

75,000 - 99,999

46,814.00

100,000 - 190,990 149,999

44,308.00 48,434.00

150.000 - 199,999

50,062.00

200,000 - 249,999

47,462.00 51,805.00

250,000 - 299,999

61,960.00 56,603.00

300,000 - and up

68,016.00 63,087.00

(2) On and after July 1, 1002 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

TUESDAY, MARCH 23, 1993

2645

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 six 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 1^ 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 costof-living increases received by state employees become effective. (b) The amounts provided in paragraph (1) of subsection (a) of this Code section and Code Section 15-16-20.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by 6 percent for each four-year term of office multiplying said amounts by the percentage which equals 5 percent times the number of completed fouryear terms of office served by any sheriff after December 31, 1976, figured at the end effective the first day of January following the completion of each such period of ser vice."

Section 6. Code Section 48-5-183 of the Official Code of Georgia Annotated, relating

to salaries of tax collectors and tax commissioners, is amended by striking in their entirety

subsections (a), (b), and (d) and inserting in lieu thereof new subsections to read as fol

lows:

"48-5-183. (a) Nothing contained in this Code section shall apply to any tax com

missioner or tax collector who is compensated by the fee system of compensation in lieu

of a fixed salary. On and after January lj 1994, no tax collector or tax commissioner in

a county having a population of 45,000 or more shall be entitled to fees authorized by

Code Section 48-5-180 or Code Section 40-2-33.

(b) (1) Any other law to the contrary notwithstanding, except for the provisions of

paragraph (2) of this subsection, the minimum annual salary of each tax collector and

tax commissioner who is compensated by an annual salary 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. Each such officer shall

receive an annual salary, payable in equal monthly installments from the funds of his

or her county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999

$ 16,100.00 17.921.00

6,000 - 11,999

18,867.00 24,610.00

12,000 - 19,999

21,271.00 27,879.00

20,000 - 20,000 28,999

22,662.00 29,898.00

30,000--39#99

24,636.00

29,000 - 38,999

31.859.00

40,000 39,000 - 49,999

27,361.00 33,851.00

50,000 - 00,000 74,999

32,080.00 36.180.00

75,000- 99,999

38,834.00

100,000 - 100,000 149,999

36,707.00 41.489.00

150,000 - 199,999

46,023.00

200,000 - 206,000 249,999

41,786.00 50,735.00

250,000 - 299,999

55,486.00

2646

JOURNAL OF THE HOUSE,

itAt tnirp\

300,000 and more

60.797.00

(2) On and after July 1, 4992 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, in subsection (g) of Code Section 48-5-137, and, where applica

ble, in subsection (b) of Code Section 21-2-212, or the amounts derived by increasing

each of said amounts through the application of longevity increases pursuant to sub

section (d) of this Code section, where applicable shall be increased by the same per

centage or same amount applicable to such state employees. If the cost-of-living

increase received by state employees is in different percentages or different amounts

as to certain categories of employees, the amounts fixed in the minimum salary sched

ule in paragraph (1) of this subsection, in subsection (g) of Code Section 48-5-137,

and, where applicable, in subsection (b) of Code Section 21-2-212, or the amounts

derived through the application of longevity increases, shall be increased by a percent

age or an amount not to exceed the average percentage or average amount of the gen

eral increase in salary granted to the state employees. The Office of Planning and

Budget shall calculate the average percentage increase or average amount increase

when necessary. The periodic changes in the amounts fixed in the minimum salary

schedule in paragraph (1) of this subsection, in subsection (g) of Code Section

48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212, or the

amounts derived through the application of longevity increases, as authorized by this

paragraph shall become effective six months on the first day of January following 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 1^ such periodic changes in the amounts fixed in the min

imum salary schedule in paragraph (1) of this subsection, in subsection (g) of Code

Section 48-5-137, and, where applicable, in subsection (b) of Code Section 21-2-212,

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."

"(d) The amounts provided in paragraph (1) of subsection (b) of this Code section,

subsection (g) of Code Section 48-5-137, and, where applicable, Code Section 21-2-212,

as increased by paragraph (2) of subsection (b) of this Code section, shall be increased

by 6 percent for eaefe four year tefnt ef- office multiplying said amounts by the percent

age which equals 5 percent times the number of completed four-year terms of office

served by any tax collector or tax commissioner after December 31, 1976, figured at the

ed effective the first day of January following the completion of each such period of

service. This Code section shall not be construed to affect any local legislation except

where the local legislation provides for a salary lower than the salary provided in this

Code section, in which event this Code section shall prevail. This Code section shall not

be construed to reduce the salary of any tax collector or tax commissioner in office on

July 1, 1991; provided, however, that successors to such tax collectors and tax commis

sioners in office on July 1, 1991, shall be governed by the provisions of this Code sec

tion. The minimum salaries provided for in this Code section shall be considered as

salary only. Expenses for deputies, equipment, supplies, copying equipment, and other

necessary and reasonable expenses for the operation of a tax collector's or tax commis

sioner's office shall come from funds other than the funds specified as salary in this

Code section."

Section 7. This Act shall become effective January 1, 1994.

Section 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Harris of the 112th moved that the House adopt the report of the Committee of Conference on HB 206.
On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 23, 1993

N Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks.D
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 N Childers N Clark
Coker Y Coleman,B
Y Coleman,T

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

Holmes Y Howard
Hudson Y Hughes Y Hugley Y James N Jamieson Y Jenkins
Y Johnson.D.H N Johnson,E
Johnson.G Y Johnson,J
Y Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein
NLadd NLakly Y Lane.D
Y Lane.R N Lawrence
Y Lawson YLee N Lewis YLord
Lucas N Maddox
Mann Martin Y McBee Y McClinton McKinney,B Milam N Mills

Y Mobley.B Y Mobley,J Y Moore Y Mosley N Mueller
Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag YPolak Y Porter NPoston
Powell
Y Purcell Randall
Y Randolph YRay
Reaves Y Reichert
Y Roberts Royal
Y Scoggins N Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

On the motion, the ayes were 115, nays 35. The motion prevailed.

2647
Y Smith.C Smith.L
N Smith,? Y Smith.T N Smith,V N Smith,W YSmyre YSnow N Stancil.F N Stancil,S Y Stanley,L Y Stanley,P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas.C Y Tillman Y Titus N Towery Y Trense
Turnquest Y 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

Representatives Cox of the 160th, Hudson of the 156th and Royal of the 164th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representatives Cummings of the 27th and Smith of the 109th 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.

Representatives Bannister of the 77th, Johnston of the 81st and Vaughan of the 34th stated that they inadvertently 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 Senate was taken up for consideration and read the third time:

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.

The following Committee substitute was read and withdrawn:

2648

JOURNAL OF THE HOUSE,

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 the review of property assessments, so as to change the time period within which a taxpayer may appeal an assessment by the county board of tax assessors; 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 the review of property assessments, is amended by striking in its entirety subparagraph (e)(2)(A) and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within 30 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identifica tion number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax asses sors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax asses sors."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by by Representatives Barnes of the 33rd and Harris of the 112th was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the circumstances under which persons may pay certain execu tions and become the transferees of such execution; to provide that failure to file a written application and schedule shall not be cause for waiver of certain homestead exemptions; to provide for conditions; to provide for notice; to change the time period within which a taxpayer may appeal an assessment by the county board of tax assessors; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (c) of Code Section 48-3-19, relating to transfer of executions issued for state, county, or municipal taxes, and inserting in its place a new subsection (c) to read as follows:
"(c) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of such execution as provided in subsection (a) of this Code section if the person is not a lawful heir or an equity holder in such property unless and until:
(1) Such person has notified the individual against whom the execution has issued by certified mail of his intention to pay such execution and unless and until 60 days have elapsed since the giving of such notice; or

TUESDAY, MARCH 23, 1993

2649

(2) In the event that such notice by certified mail is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the gen eral execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph."
Section 2. Said title is further amended by striking Code Section 48-5-54, relating to homestead exemption applications for properties with multiple titleholders and proper ties held by administrators, executors, or trustees, and inserting in its place a new Code Section 48-5-54 to read as follows:
"48-5-54. (a) The exemptions granted to the homestead pursuant to this part shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders if actually occupied by one or more of such owners as a residence. In such instances, such exemptions shall be granted to such properties if claimed in the manner provided by law by one or more of the owners actually residing on such prop erty. Such exemptions shall also extend to those homesteads the title to which is vested in an administrator, executor, or trustee if one or more of the heirs or cestui que uses residing on such property claims the exemption in the manner provided by law. The provisions of this Code section shall also apply to exemptions granted to the homestead by any local law adopted after July 1, 1984, unless the local law expressly provides to the contrary.
(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrator's or executor's deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors."
Section 3. Said title is further amended by striking subparagraph (e)(2)(A) of Code Section 48-5-311, relating to the creation of county boards of equalization and the review of property assessments, and inserting in its place a new subparagraph (e)(2)(A) to read as follows:
"(A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within 36 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identifica tion number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax asses sors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax asses sors."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all executions issued for ad valorem taxes on or after July 1, 1993.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

2650

JOURNAL OF THE HOUSE,

Representative Walker of the 141st, et. al move to amend the Floor substitute to SB 125 as follows:
By adding on line 22 page 3 after "48-5-306" the following:
"except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days."

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
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove
Y Brooks.D 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 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 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

Holmes 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 Y Lane.R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox
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 Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Powell
Y Purcell RandaH
Y Randolph YRay
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 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 N 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, by substitute, as amended, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

TUESDAY, MARCH 23, 1993

2651

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SR 21

The Committee of Conference on SR 21 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SR 21 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Johnny Isakson Senator, 21st District

/s/ John Carlisle Representative, 107th District

/s/ Terrell A. Starr Senator, 44th District

/s/ Wm J. Lee Representative, 94th District

/s/ Jane Hemmer Senator, 49th District

/s/ Tommy Smith Representative, 169th District

A RESOLUTION
Creating the Civil War Commission; to provide for the creation, composition, member ship, terms of office, vacancies, officers, and expense allowance of the commission; to pro vide for the powers and duties of the commission; to provide for the acquisition, maintenance, and restoration of Civil War battlefields and historic sites; to provide for the maintenance, protection, and interpretation of battlefields and historic sites under certain conditions; to provide for the assignment of the commission to the Department of Natural Resources for administrative purposes only; to provide for the Department of Natural Resources to furnish certain personnel to assist the commission; to provide for an annual report of the commission's activities; to provide for other matters relative to the commis sion; to repeal conflicting laws; and for other purposes.
WHEREAS, the Civil War period in Georgia is one of the most significant and dis tinctive aspects of Georgia history which not only defined her people and places, but left its marks on the landscape and in the historic buildings and structures of a broad area of the state; and
WHEREAS, the trail that marked the battle route of Sherman's Atlanta Campaign of 1864 and the March to the Sea, from Chattanooga to Savannah, contains many historic resources; and
WHEREAS, structures such as a rare early nineteenth century railroad tunnel, sites such as the place where Jefferson Davis was captured, ante-bellum homes and buildings, historic cemeteries, factory ruins, and battle sites still stand throughout Georgia; and
WHEREAS, the National Park Service and the National Civil War Battlefield Protec tion Commission, the Georgia Office of Historic Preservation, and numerous local preservationists and historians have created an inventory of historic properties and sites associated with this period in Georgia history; and
WHEREAS, the North Georgia and Coosa Valley Regional Development Centers and the Atlanta Regional Commission representing the ten-county area wherein the route of Sherman's Atlanta Campaign is located have nominated this area as a "Regionally Impor tant Resource" through the state-wide coordinated planning process; and
WHEREAS, there is widespread interest to preserve and promote Civil War period battlefields and historic properties and sites and to use these resources to encourage and support tourism and economic development; and

2652

JOURNAL OF THE HOUSE,

WHEREAS, interested public and private organizations and agencies at all levels have begun cooperative efforts which can benefit from a coordinating framework.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That there is created the Civil War Commission, hereafter referred to as the commission, to coordinate planning, preservation, and promotion of the structures, buildings, sites, and battlefields associated with this significant period of our common heri tage.
Section 2. (a) That the commission is directed to: (1) Develop a State of Georgia Civil War Sites Heritage Plan. The plan will pro
mote heritage tourism and provide incentives to local landowners and local govern ments to preserve Civil War battlefields and historic sites. Through cooperative agreements between local governments, landowners, and the commission, such entities will work together to preserve and restore historic sites;
(2) Preserve, conserve, and interpret the legacy of the Civil War in the State of Georgia;
(3) Recognize and interpret important events and geographic locations in the con duct of the Civil War in the State of Georgia, including battle sites associated with Adairsville, Dallas, Lovejoy Station, Marietta, New Hope Church, Resaca, Allatoona, Rocky Face Ridge, Ringgold Gap, Davis Cross Roads, Buckhead Creek, and Griswoldville, as well as other historic properties associated with the events and conse quences of the Civil War;
(4) Recognize and interpret the effect of war on the state's ethnically and culturally diverse civilian population during the war and the postwar reconstruction period;
(5) Establish within the state's Historic Resource Inventory as maintained by the Department of Natural Resources a geographic data base and information system that can be used to locate, track, and cross-reference significant historical and cultural properties, structures, and markers associated with the Civil War;
(6) Acquire or provide funds for the acquisition of Civil War battlegrounds, ceme teries, and other historic properties associated with the Civil War;
(7) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit Civil War organizations for the pur poses of maintaining and restoring existing Civil War memorials and cemeteries;
(8) Participate in and encourage efforts to establish a state museum to include dis plays illuminating Georgia's role in the Civil War and the effects of that war on Geor gia and its people; and
(9) Encourage the establishment of reference sections relating to the Civil War in high schools and encourage heritage education programs, (b) That, in carrying out its purposes, the commission is authorized:
(1) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumental ity may impose;
(2) To receive and accept loans, gifts, grants, donations, or contributions of prop erty, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; and
(3) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this commission.
Section 3. That the commission is assigned to the Department of Natural Resources for administrative purposes only. The commissioner of natural resources shall appoint per sonnel within the Department of Natural Resources to facilitate the functions of the com mission.

TUESDAY, MARCH 23, 1993

2653

Section 4. (a) That, within the boundaries of Civil War battlefields as provided in the State of Georgia Civil War Sites Heritage Plan, the commission may, with the consent of the owner, acquire by donation, purchase, or exchange lands and interest in Civil War battlefields and memorials together with lands and interest in lands necessary to provide adequate public access to the battlefields and memorials.
(b) That the commission may make funds available, subject to appropriations for such purpose, for the maintenance, protection, and interpretation of the battlefields and memorials which may be subject to agreements as provided in Section 2 of this resolution.
Section 5. (a) (1) That the commission shall consist of 15 members to be appointed as follows:
(A) The Governor shall appoint five members; (B) The President of the Senate shall appoint five members; and (C) The Speaker of the House of Representatives shall appoint five members. (2) That members shall serve for four-year terms and shall be eligible for reappointment; provided, however, that with respect to the initial appointments, each appointing authority provided for in paragraph (1) of this subsection shall appoint two members for two-year terms, two members for three-year terms, and one member for a four-year term. The members shall be representative of all of the geographic areas of the state and shall be selected from the state at large with special consideration given to the appointment of persons associated with those groups or organizations with a demonstrated interest in Civil War history and the preservation of associated sites. (b) That all successors shall be appointed in the same manner as original appoint ments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The commission shall elect a chairperson and such other officers as it deems necessary. No vacancy on the commission shall impair the right of the quorum to exercise all rights and perform all duties of the commission. (c) That the members of the commission shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21 of the O.C.G.A.; and the members of the commission shall not receive any other compensation for their services as such. (d) That the commission shall file an annual report with the Governor and the Gen eral Assembly containing a summary of the accomplishments of the commission during the preceding year and the plans of the commission for the following year. (e) No state funds shall be expended for the purposes of the commission unless spe cifically appropriated by the General Assembly.
Section 6. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Carlisle of the 107th moved that the House adopt the report of the Committee of Conference on SR 21.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Y Bailey
Baker 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 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 Crawford Y Crews Y Culbreth

Y Cummings
Davis.G Y Davis.M
Dickinson Y Dix 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 Y Manner Y Harris.B Y Harris.M Y Hart Y Heard Y Hegstrom Y Hembree

2654

JOURNAL OF THE HOUSE,

Y Henson Y Holland Y Holmes
Howard Hudson Y Hughes Y Hugley N 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 Y Lawson YLee Y Lewis YLord
Lucas Y Maddox
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 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
Reaves
Y Reichert N Roberts Y Royal

On the motion, the ayes were 155, nays 3. The motion prevailed.

Y 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 YSmyre YSnow Y StancilJ Y Stancil,S
Stanley.L Stanley,? Y Stephenson Y Streat

Y Taylor
Teague 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 Y White Y Williams.B Y Williarns.R
Y Yates Y Yeargin
Murphy,Spkr

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 Anno tated, 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 Offi cial 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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 300

The Committee of Conference on HB 300 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 300 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David Scott Senator, 36th District

/s/ John Godbee Representative, 145th District

Is/ Charles C. Clay Senator, 37th District

/s/ Ann R. Purcell Representative, 147th District

/s/ Steve Henson Senator, 55th District

/s/ Maretta M. Taylor Representative, 134th District

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to statutorily implement certain

TUESDAY, MARCH 23, 1993

2655

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 resig nations 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 change the manner in which certain insurance may be provided; to provide for nonpartisan pri maries 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 school superintendent employment contracts; to specifically repeal provisions relating to qualifications, suspension, and removal of school superintendents and vacancies in such offices; to change the provisions relating to eligibil ity for school enrollment; to change the provisions relating to annual performance evalua tions; to change the provisions relating to due process procedures for certain controversies; to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to defi nitions 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 effec tive 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 jwy ef- eaefe county, except those counties which a*e tender a teeal ayatcm, shall, frem time te time, sleet frem the citizens ef their respective coun-
snail be elected fer terns ef five yeats and shall held their offices until their aucccssora
agent fef auch publisher, ner any person who shall be pecuniarily interested in the sate-
Or SCllOOl DOOK9 311&11 OC Cll^lDlC IOF ClCCtiOn ft9 H1CIT1DCF9 Or dWy OOftFCr Of CdUCQt1OH Of ft9
county school superintendent; provided, further, that whenever No person shall be eligi ble 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 local 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) ~tfi6 mem D6PS Or MIC COUHty DOftFQS Or CQUCflt1Of) tft tilOS6 COUHtlCS tft WfllCil LilC

wiH replace. Whenever a member of a local board of education moves that person's dom icile 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.
(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 per son 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 shall be applicable te H persona seeking te become elected ef appointed te any local tewerd ef education. This subsection shall not apply to institutions above the high school level.

2656

JOURNAL OF THE HOUSE,

(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 elec tion 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:
"20-2-52. The grand jury, i selecting the members ef- the county beard- ef- education,
ef these selected from the same militia district or locality, er shall they select any per se* whe resides within the limits ef a local school system operated independently ef :the county board btrf shall apportion members ef- the county board as far- as practicable ever
tSIP Knowl6dc of trie Cl6rncnt8.ry DFdncncs of educ&tioR duct i&e iflVOFQDic to tiie puoiic school aystern. Whenever member ef the county beard moves his residence krte a mili-
municipality that has an independent leeal school system, the member changing his resi dence shall immediately cease te be en the county board, and the vacancy shall be fiHedas required by law; Notwithstanding the foregoing provisions te the contrary, a county infly provide oy tocfli iftw tnflt two o? more rnciriDcfs of tne county DodFd nifty H&e selected from the same militia district. Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided by 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 sec tion to read as follows:
"20-2-53. Whenever members ef a county beard ef education er county school superinteHdent ftfe appointed, rt sfisii oe trie duty of trie Gierit ot tfte superior courtt wncn

&pe Appointed oy tiic ooftpct of education, to topwflrd to tiie occretflry of biste <i certined
T-he statement must give the name ef- the appointee, when* they succeed, whether the oiiicc was vacated Dy resignation, O-catii, er otncrwisc, ano. tnc clicctivc date et tnc 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 system or other political subdivision to transmit to the Secretary of State and to the State School Super intendent 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, relat ing 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 educa tion 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:

TUESDAY, MARCH 23, 1993

2657

{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 spe cial 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 shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
\sj if liie H16IHDCP9 Of til 6 lOCftl 'oOflFu Of CU.UCfl11OH flPC Appointed Dy TnG FQT)U

Qiflteiy following tiie occurrence of The vflcflncyj rt WHICH time the ^pftnd jury snflii 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 school districts the compensation of members of local boards shall be paid only from the local tax funds available to local boards for edu cational purposes.
(b) (1) A local board of education is authorized to provide group medical and den tal insurance for its members who elect to participate. Such insurance may be pro vided through a group policy secured by the local school district, a group policy secured by several local school districts, or by a policy secured by an organization of local school boards. 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 con tribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. 5%e remainder ef such insurance eest sfeaH be paid fts fflft eHIployec Corit-Pi oution oy tnose mcm oers of the locsi DO&FQ of edttcfltion who
oClIoCrU-Lt iw#* njynnrrt1iV/iiirrijtjnCLi-tnc iInn tiV/i>ico iinnmsuirrnarii>urun nufnfocrrocAu \u\\yT tuhiavt Kmoj&nrrruij Kunnqscg/t4i nurp\ru>ini twuhuocinKicorr ttKim/\aoco
members elect family er individual coverage. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member.
(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.

2658

JOURNAL OF THE HOUSE,

Such expenditures on behalf of any member may continue only as long as that mem ber continues in office and makes any employee contribution required for such cover age. 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 educa tion."
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 con trary, 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 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 pri maries 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.
(b) Pursuant to the authority of this subsection, members of any local board of edu cation who are required to be elected to such offices in nonpartisan primaries and elec tions, 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 elec tions, 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, shall 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 or their nominee 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 cler ical work it may direct him the superintendent to do. He The superintendent or their nominee 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, in aH coun-
according te the United States decennial ccnsua ef 1060 er any future 3ueh census, -the CiifliprnflR of tile DOflfd 0t educfltion to? sucn county 9n.oil DC elected fts provided tor m
priatc resolution adopted by the board, which resolution may be amended frent time te time by the board. Pursuant to the authority of this subsection, any local board of edu cation 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 Vot ing 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."

TUESDAY, MARCH 23, 1993

2659

Section 8. Said chapter is further amended by striking Code Section 20-2-101, relat ing 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 in those counties which are nd*f a local system, aft county seheel
quadrennially e Tuesday after the f-st Monday in November, far tenss of fear years D6iiiiiiii[ on u fliiuflry x ioilowin tfic QQy of cice11OR? nctcn sn&ll tioict oiiicc until nts
independent school systems net wide* the supervision ef th county school superintendefrt; the vetefs ef auch independent ayatcm er aystcma shall net vote i any- primary Of election for the county achool superintendent. Bat this Code section shaft net disqualify registered, qualified voters residing in the limits ef the quasi independent ached district ffent voting in any primary er election for- county school superintendent.
(a) Superintendents of each school system shall be employed by the local Board of Education under written contracts for a term of not less than one year and not more than two years. 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 sub section becomes effective, are repealed. Any contract entered into pursuant to the provi sions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified imme diately before this subsection becomes effective as long as that contract was valid at such time.
(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 character, has never been convicted of any crime involving moral turpitude, and pos sesses acceptable business or management experience as specified by the Professional Standards Commission or 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 1, 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 lj 1993, the local board shall appoint and employ a successor in accordance with this Code section.
(f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those par ties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract."
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 12.1. Said chapter is further amended by striking subsection (d) of Code Section 20-2-150, relating to eligibility for enrollment, and inserting in its place the follow ing:

2660

JOURNAL OF THE HOUSE,

"(d) No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child's social security number which shall be incorporated into the official school records pertaining to that child or youth. Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information required of every student under its jurisdiction prior to the beginning of each school year. School authorities may provisionally admit a child for whom an official social secu rity number has not been provided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment. A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a notarized statement objecting to the requirement."
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 ad appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have pro fessional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability."
Section 13.1. Said chapter is further amended by striking subsection (f) of Code Section 20-2-1160, relating to local boards determining school law controversies, and inserting in its place the following:
"(f) The procedures provided in subsections (a) through (e) of this Code section shall not be applicable to handicapped children when a hearing is necessary to decide a com plaint made under the Education for All Handicapped Children Act of 1975. The state board shall promulgate by rules and regulations an impartial due process procedure for hearing and determining any matter of local controversy in reference to the construction or administration of the school law and a appealo procedure with respect to handi capped children as such term is defined by the state board. Any tribunal which the state board shall empower to hear such cases shall have the power to summon witnesses and take testimony as such tribunal deems it necessary. In promulgating such rules and reg ulations, the state board shall consult with local boards of education and other local school officials in order to establish procedures required by this subsection which will coordinate, to the extent practicable, with the administrative practices of such local boards."
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 er area seheel superintenden% and every elected member of a county e* area local board of education; and".

TUESDAY, MARCH 23, 1993

2661

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 fee that person shall be elected or appointed at least 12 months prior to his that person's elec tion or appointment and who is not a qualified voter entitled to vote; provided, however, that ay persea whe shall have been bona fide citizen f county fta iS months shall be eligible te be elected er appointed as county school superintendent even though said person nifty not reside tft triftt pftrt 'Of tne county wnicn v& under tne supePviSIOH ^i trie county superintendent r scnoois tnd ts ineiigiDie T> vote m tne election tor sucn supcfTM intcndcnt of schools; or no prior state or county residency requirement shall be applica ble 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.

Representative Godbee of the 145th moved that the House adopt the report of the Committee of Conference on HB 300.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Y Holmes Y Howard
N Hudson N Hughes
Y Hugley Y James
Jamieson N Jenkins
Y Johnson.D.H N Johnson,E N Johnson.G N Johnson,J Y Johnston N Jones Y Joyce NKaye Y Kinnamon N Klein NLadd N Lakly N Lane.D Y Lane.R N Lawrence Y Lawson N Lee N Lewis Y Lord
Lucas N Maddox
Mann Martin Y McBee N McClinton McKinney.B N Milam N Mills

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

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

On the motion, the ayes were 73, nays 82.
The motion was lost and the report of the Committee of Conference on HB 300 was rejected.

2662

JOURNAL OF THE HOUSE,

Representative Godbee of the 145th moved that the House reconsider its action in failing to adopt the report of the Committee of Conference on HB 300.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Colwell Y Connell NCox N Crawford N Crews Y Culbreth Y Cummings
Davis.G N Davis,M N Dickinson NDix
Dixon.H
N Dixon,S Y Dobbs Y Dover N Ehrhart N Epps N Evans
Pelton Y Floyd,J.M Y Floyd,J.W Y Godbee N Golden Y Goodwin Y Greene N Groover N Hammond
Manner Y Harris,B N Harris,M YHart Y Heard Y Hegstrom N Hembree Y Henson N Holland

Y Holmes Y Howard N Hudson N Hughes Y Hugley
Y James N Jamieson
N Jenkins Y Johnson,D.H N Johnson,E N Johnson.G N Johnson,J Y Johnston
N Jones N Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly NLane,D
Lane.R N Lawrence Y Lawson NLee N Lewis YLord N Lucas N Maddox
Mann
Martin Y McBee N McClinton
McKinney.B YMilam N Mills

Y Mobley.B N Mobley,J Y Moore Y Mosley N Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett N Parham Y Parrish Y Patten N Pelote N Perry N Pinholster YPoag NPolak
Porter Poston Y Powell Y Purcell NRandall N Randolph YRay Y Reaves N Reichert Y Roberts Y Royal Scoggins N Shanahan Y Sherrill N Shipp Y Simpson Sinkfield N Skandalakis N Skipper

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

On the motion, the ayes were 83, nays 77. The motion prevailed.

On the motion to adopt the report of the Committee of Conference on HB 300, the roll call was ordered and the vote was as follows:

N Ashe N Atkins
Bailey Baker N Bannister Y Barfoot Y Bargeron N Barnes Y Bates N Benefield N Birdsong Y Bordeaux
Bostick N Breedlove N Brooks,D
Brooks.T Brown YBuck N Buckner N Bunn N Burkhalter NByrd Y Campbell Y Canty

N Carlisle Y Carrell N Carter N Cauthorn
N Chambless Y Chandler Y Channel! Y Childers N Clark Y Coker Y Coleman.B
Coleman.T Y Colwell Y Connell NCox N Crawford
N Crews Y Culbreth N Cummings
Davis.G N Davis.M N Dickinson NDix
Dixon.H

N Dixon,S Y Dobbs Y Dover
N Ehrhart NEpps N Evans
Felton Y Floyd,J.M Y Floyd,J.W
Y Godbee N Golden Y Goodwin N Greene N Groover N Hammond
Hanner Y Harris,B N Harris.M YHart Y Heard Y Hegstrom N Hembree Y Henson N Holland

Y Holmes Y Howard N Hudson N Hughes Y Hugley Y James
Jamieson N Jenkins Y Johnson,D.H N Johnson,E N Johnson ,G Y Johnson.J Y Johnston N Jones N Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly N Lane.D YLane,R N Lawrence Y Lawson

NLee N Lewis YLord Y Lucas N Maddox
Mann Martin Y McBee N McClinton McKinney,B YMilam N Mills
Y Mobley.B N MobleyJ N Moore
N Mosley N Mueller Y Oliver Y O'Neal Y Orrock Y Padgett N Parham N Parrish Y Patten

N Pelote N Perry N Pinholster Y Poag N Polak
Porter Poston Y Powell Y Purcell N Randall N Randolph Y Ray

TUESDAY, MARCH 23, 1993

Y Reaves N Reichert Y Roberts N Royal
Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson
Sinkfield N Skandalakis N Skipper

N Smith.C N Smith,L Y Smith,P Y Smith.T N Smith,V N Smith.W Y Smyre Y Snow N Stancil.F N Stancil,S Y Stanley.L Y Stanley,?

Y Stephenson N Streat Y Taylor
Teague N Teper Y Thomas.C Y Tillman Y Titus N Towery Y Trense Y Turnquest Y Twiggs

2663
N Vaughan N Walker Y Wall N Watson Y Watts N Westmorland Y White Y Williams,B N Williams,R Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 77, nays 83.
The motion was lost and the report of the Committee of Conference on HB 300 was rejected.

Representative Godbee of the 145th moved that the first Committee of Conference on HB 300 be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Godbee of the 145th, Purcell of the 147th and Taylor of the 134th.

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state princi pals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to princi pals located in this state.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 295

The Committee of Conference on SB 295 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 295 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Steve Henson Senator, 55th District
/s/ Wayne Garner Senator, 30th District
/s/ Ronald Slotin Senator, 39th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ John W. Hammond Representative, 32nd District
/s/ Tom Cauthorn Representative, 35th District
/s/ Michael C. Polak Representative, 67th District

2664

JOURNAL OF THE HOUSE,

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 change a definition; to provide for applicabil ity of said article to principals who do business in this state; to regulate unfair or decep tive practices toward the elderly; to provide for definitions; to provide for civil penalties; to provide for determination of civil penalties; to provide for a cause of action; to provide for education initiatives; to provide for referrals; to provide for inherent power; to provide for confidentiality in certain circumstances; to provide an exemption; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Code Section 10-1-700, relating to definitions, and inserting in lieu thereof a new Code Section 10-1-700 to read as follows:
"10-1-700. As used in this article, the term: (1) 'Commission' means compensation accruing to a sales representative for pay
ment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale.
(2) 'Principal' means a person who does net have a permanent or fixed pteee ef business in this state and who:
(A) Manufactures, produces, imports, or distributes a tangible product for wholesale;
(B) Contracts with a sales representative to solicit orders for the product; and (C) Compensates the sales representative in whole or in part by commission. (3) 'Sales representative' means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale."
Section 2. Said chapter is further amended by adding at the end thereof a new arti cle to read as follows:
"ARTICLE 31
10-1-850. As used in this article, the term: (1) 'Disabled person' means a person who has a physical or mental impairment
which substantially limits one or more of such person's major life activities. As used in this paragraph, 'physical or mental impairment' means any of the following:
(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomi cal loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary, hemic and lymphatic; skin; or endocrine; and
(B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term 'physical or mental impairment' includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness. (2) 'Elder person' means a person who is 60 years of age or older. (3) 'Major life activities' includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (4) 'Substantially limits' means interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or men tal impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, or sprains or minor injuries. 10-1-851. When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against

TUESDAY, MARCH 23, 1993

2665

elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional civil penalty not to exceed $10,000.00 for each viola tion.
10-1-852. In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present:
(1) Whether the defendant's conduct was in disregard of the rights of the elder or disabled persons;
(2) Whether the defendant knew or should have known that the defendant's con duct was directed to an elder person or disabled person;
(3) Whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct;
(4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following:
(A) Mental or emotional anguish; (B) Loss of or encumbrance upon a primary residence of the elder or disabled person; (C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income; (D) Loss of funds received under a pension or retirement plan or a government benefits program; (E) Loss of property set aside for retirement or for personal or family care and maintenance; or
(P) Loss of assets essential to the health and welfare of the elder or disabled person; or
(5) Any other factors the court deems appropriate.
10-1-853. An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual dam ages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to this article.
10-1-854. The administrator may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, the 'Uniform Deceptive Trade Practices Act,' and Articles 17 and 21 of this chapter, the penalties for violations of such articles, and the remedies available for victims of such violations.
10-1-855. The administrator may establish and maintain referral procedures with the Office of Aging within the Department of Human Resources in order to provide any nec essary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article.
10-1-856. Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975.' Notwithstanding any other provision of law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive practices under Part 2 of Article 15 of this chapter, the 'Fair Business Prac tices Act of 1975,' shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or the administrator's employees. Nothing contained in this Code section shall be construed to prevent the subject of the complaint, or any other person to whom disclosure of the complainant's identity may aid in resolution of the

2666

JOURNAL OF THE HOUSE,

complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information.
10-1-857. The administrator shall receive all complaints under this article. He or she shall refer all complaints or inquiries concerning conduct specifically approved or pro hibited by the Secretary of State, Department of Agriculture, Commissioner of Insur ance, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this state to that agency or official for initial investigation and corrective action other than litigation."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Hammond of the 32nd moved that the House adopt the report of the Committee of Conference on SB 295.
On the motion, 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 Bordeaux Bostick Y Breedlove
Y Brooks,D Brooks.T Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Carlisle
Y Carrell 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 Y Cummings
Davis.G Y Davis.M Y Dickinson YDix
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

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
Johns ton 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 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
Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter
Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
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 Y Smith.W
YSmyre YSnow Y StanciLF 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 Y Twiggs Y Vaughan
Y Walker YWall
Y Watoon Y Watts Y Westmoreland
White Y Williams,B Y Williams,R
Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 149, nays 0. The motion prevailed.

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.

TUESDAY, MARCH 23, 1993

2667

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 333

The Committee of Conference on HB 333 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 333 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Charles A. Thomas, Jr. Representative, 100th District

/s/ Charles C. Clay Senator, 37th District

/s/ John Simpson Representative, 101st District

/s/ Paul C. Broun Senator, 46th District

/s/ Cathy Cox Representative, 160th District

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 Anno tated, relating to persons authorized access to child abuse records, so as to authorize school principals or 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-58, relating to inspec tion of juvenile court records, and inserting in its place a new Code section to read as fol lows:
"15-11-58. Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recog nized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those condi tions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter con cerning that student, including but not limited to records of that child's controlled sub stance or marijuana abuse which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Chil dren and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
Section 2. Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons having access to child abuse records, is amended by striking "; and" from the

2668

JOURNAL OF THE HOUSE,

end of subparagraph (c)(8)(B) thereof and inserting a semicolon in its place, by striking the period at the end of paragraph (9) thereof and inserting "; and" in its place, and by adding immediately thereafter a new paragraph to read as follows:
"(10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, but those records shall remain confidential and information obtained therefrom by that counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be pun ishable as a misdemeanor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 100th moved that the House adopt the report of the Committee of Conference on HB 333.
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
Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks,D
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 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
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 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

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 Mann Martin McBee
Y McClinton McKinney.B Milam
Y Mills

On the motion, the ayes were 156, nays 0. The motion prevailed.

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
Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Royal
Y 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 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

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

TUESDAY, MARCH 23, 1993

2669

Representative Smith of the 169th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 966 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker has appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 169th, Benefield of the 96th and Coleman of the 142nd.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate's insistence on its position in disagreeing to the House substitute:

SB 351. By Senator Abernathy of the 38th:
A bill to provide that the governing authority of Fulton County may not expand any existing noncommercial county airport to accommodate a com mercial use unless such expansion is approved in a referendum.

Representative McKinney of the 51st moved that the House recede from its position in insisting on substituting SB 351.
The motion prevailed.

The following Resolution of the House was read:

HR 611. By Representatives Watts of the 26th, Chandler of the 99th, Dixon of the 150th, Smith of the 169th, Connell of the 115th and others:
A resolution urging journalists in Georgia to participate in and support a media ethics and error panel that would be established to hear grievances from citizens injured by media unfairness, misrepresentation of fact, or errors in fact.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
Bargeron N Barnes Y Bates
Benefield Y Birdsong
Bordeaux Bostick Breedlove Y Brooks.D
Brooks.T Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Carlisle

Y Carrell Carter
N Cauthorn 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 N Dix Y Dixon.H Y Dixon.S Y Dobbs

Y Dover Y Ehrhart
YEpps Evans
Y Felton Y Floyd,J.M Y Floyd,J.W
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 Henson
N 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
Lawrence Lawson YLee Y Lewis YLord Lucas

Y Maddox Mann Martin
Y McBee Y McClinton
McKinney ,B Milam 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 Patten Y Pelote Perry Y Pinholster
Poag Y Polak

2670

JOURNAL OF THE HOUSE,

Y Porter N 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
Sinkfield Skandalakis
Y Skipper Smith.C
Y Smith,L Smith,?

Y Smith.T Y Smith,V Y Smith,W YSmyre YSnow
Stancil,F N Stancil,S Y Stanley.L Y Stanley,? Y Stephenson Y Streat

Y Taylor Teague Teper
Y Thomas,C Y Tillman
Titus Y Towery
Y Trense Y Turnquest
Y Twiggs Y Vaughan

On the adoption of the Resolution, the ayes were 135, nays 7. The Resolution was adopted.

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

Representative Porter of the 143rd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Bill of the Senate, having been previously read, was again taken up for consideration:

SB 317. By Senators Newbill of the 56th and Starr of the 44th:
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; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a permit; to provide that permits are nontransferable; to provide for grounds for revocation or suspension of a permit.

Representative Stancil of the 16th moved the previous question. On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister
Barfoot Y Bargeron Y Barnes
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 Y Carlisle Y Carrell Y Carter Y 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 Y Dickinson YDix Y Diion,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 Hanner Y Harris,B Y Harris.M

YHart Y Heard Y Hegstrom Y Hembree Y Henson
Holland
N 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 YLane,D Y Lane,R Y Lawrence Y Lawson YLee Y Lewis YLord

Lucas Y Maddox
Mann Martin Y McBee Y McClinton McKinney,B Milam 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
Patten
Y Pelote Y Perry
Y Pinholster YPoag YPolak
Y Porter Poston
Y Powell Y Purcell
Randall Y Randolph YRay

Y Reaves Reichert
N Roberts Y Royal
Y Scoggins N Shanahan
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 Y Smyre 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 Y Titus Y Towery

TUESDAY, MARCH 23, 1993

2671

Y Trense N Turnquest Y Twiggs

Y Vaughan Y Walker YWall

Y Watson Y Watts Y Westmorland

N White Y Williams,B
Y Williams.R

Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 148, nays 7. The motion prevailed.

Representative Holmes of the 53rd moved that SB 317 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 N Bailey
Baker N Bannister N Barfoot N Bargeron N Barnes
Bates N Benefield
N Birdsong Bordeaux Bostick
N Breedlove N Brcoks.D Y Brooks.T
Brown NBuck N Buckner N Bunn N Burkhalter
NByrd N Campbell
Y Canty Y Carlisle
N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! Y 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
NDii N Dixon.H N Dixon.S NDobbs
Dover N Ehrhart YEpps N Evans N Felton N Floyd,J.M N Floyd,J.W NGodbee
N Golden YGoodwin
N Greene N Groover
N Hammond N Manner N Harris.B N Harris,M
Hart Y Heard N Hegstrom N Hembree N Henson N Holland

Y Holmes Y Howard N Hudson N Hughes Y Hugley Y James N Jamieson Y Jenkins Y Johnson.D.H N Johnson, N Johnson.G N Johnson,J N Johnston N Jones N Joyce NKaye N Kinnamon N Klein NLadd NLakly NLane.D NLane,R N Lawrence N Lawson
NLee N Lewis
NLord Lucas
N Maddox Mann Martin
Y McBee Y McClinton
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 NParham
N Parrish Patten
N Pelote N Perry N Pinholster
NPoag Y Polak
N Porter P os ton
Y Powell
Purcell Randall Y Randolph
NRay N Reaves Y Reichert Y Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson
Sinkfield N Skandalakis N Skipper

N Smith,C N Smith.L Y Smith,? N Smith.T N Smith,V N Smith.W NSmyre NSnow N Stancil,F N SUncil.S N Stanley.L Y Stanley,? N Stephenson
N Streat N Taylor
Teague Teper N Thomas.C Y Tillman N Titus
N Towery N Trense Y Turnquest
N Twiggs N Vaughan N Walker NWall N Watson N Watts N Westmorland Y White N Williams,B N Williams.R N Yates N Yeargin
Murphy,Spkr

On the motion, the ayes were 27, nays 132. The motion was lost.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change a definition; to provide for the issuance of certificates of public convenience and necessity to limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a certificate from the commission; to provide for the power of the commission; to provide that general law preempts regulation of limousine carriers by any other political subdivision of the state; to provide that a limousine carrier is not required to file a tariff of rates and charges; to provide for temporary permits; to provide for issuance of certificates to limousine carriers operating on July 1, 1993; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

2672

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, is amended by striking division (7)(C)(xiii) of Code Section 46-1-1, relating to definitions, and inserting in lieu thereof a new division (7)(C)(xiii) to read as follows:
"(xiii) Vehicles^ except limousines and sedans, 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 commission, register and identify any of its vehicles, and become sub ject to the commission's liability insurance and vehicle safety rules;".
Section 2. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by redesignating current Articles 3 and 4 as Articles 4 and 5, respectively, and by adding a new Article 3 to read as follows:
"ARTICLE 3
46-7-85.1. As used in this article, the term: (1) 'Certificate' means a certificate of public convenience and necessity issued by
the Public Service Commission. (2) 'Commission' means the Public Service Commission. (3) 'Limousine' means any motor vehicle that meets the manufacturer's specifica
tions for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehi cle, and which does not have a door at the rear of the vehicle designed to allow pas senger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.
(4) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, extended limousines, or sedans operated by chauffeurs, on the basis of telephone contract, written contract, or other prearrangement.
(5) 'Person' means any individual, firm, partnership, corporation, company, associ ation, or joint-stock association, and includes any trustee, receiver, assignee, or per sonal representative thereof.
(6) 'Public highway' means every public street, road, or highway in this state. (7) 'Sedan' means any luxury or nonluxury sedan-type vehicle which has a seating capacity of not more than five passengers and the driver and which does not contain a taximeter designed to measure electronically or mechanically the distance traveled. 46-7-85.2. No limousine carrier shall operate any limousine or sedan for the transpor tation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article. 46-7-85.3. No person may engage in the business of a limousine carrier over any pub lic highway in this state without first having obtained from the commission a certificate of public convenience and necessity to do so. 46-7-85.4. (a) The commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, and information as may, in its judgment, be necessary. (b) A certificate shall be issued to any qualified applicant authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commission. 46-7-85.5. (a) It shall be the duty of the commission to regulate limousine carriers with respect to the safety of equipment. (b) The commission may perform random safety and mechanical inspections for each vehicle owned and operated by a limousine carrier. 46-7-85.6. The State of Georgia fully occupies and preempts the entire field of regu lation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any

TUESDAY, MARCH 23, 1993

2673

limousine carrier doing business at any such airport and may establish fees as part of such permitting process.
46-7-85.7. A limousine carrier operating under a certificate issued by the commission shall not be required to file with the commission a tariff of rates and charges or time schedules showing arrivals and departures of limousines at any location served.
46-7-85.8. A limousine carrier may obtain a temporary permit for a period of 21 con secutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued with out the commission having first received satisfactory proof that it meets the insurance requirements of the rules and regulations of the commission. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission may issue a temporary permit by facsimile message or letter.
46-7-85.9. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than January 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.10. Any person doing business in this state as a limousine carrier who is reg istered as such with the commission as of July 1, 1993, shall be entitled to be issued a certificate required under this article by the commission authorizing such person to continue doing business as a limousine carrier provided that such person submits a proper application and pays the required fees.
46-7-85.11. The commission shall promulgate such rules and regulations as are neces sary to effectuate and administer the provisions of this article."
Section 2. This Act shall be effective on July 1, 1993.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Byrd of the 170th, was read and adopted:

A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, so as to change a definition; to provide for the issuance of certificates of public convenience and necessity to limousine carriers by the Public Service Commission; to provide definitions; to require each limousine carrier to obtain a certificate from the commission; to provide that certificates are nontransferable; to provide for revo cation or suspension of certificates; to provide for annual inspections; to provide for chauf feur permits; to provide for the power of the commission; to provide that general law preempts regulation of limousine carriers by any other political subdivision of the state; to provide that a limousine carrier is required to file a tariff of rates and charges; to pro vide for notice; to provide for temporary permits; to provide for issuance of certificates to limousine carriers operating on May 1, 1994; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utili ties and public transportation, is amended by striking division (7)(C)(xiii) of Code Section 46-1-1, relating to definitions, and inserting in lieu thereof a new division (7)(C)(xiii) to read as follows:

2674

JOURNAL OF THE HOUSE,

"(xiii) Vehicles^ except limousines, transporting not more than 16 ten persons for hire, except that any operator of such a vehicle is required to register the exempt opera tion with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules;".
Section 2. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by redesignating current Articles 3 and 4 as Articles 4 and 5, respectively, and by adding a new Article 3 to read as follows:
"ARTICLE 3
46-7-85.1. As used in this article, the term: (1) 'Certificate' means a certificate of public convenience and necessity issued by
the Public Service Commission. (2) 'Chauffeur' means any person with a Georgia state driver's license who meets
the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the Public Service Commission to drive a limousine under this article.
(3) 'Commission' means the Public Service Commission. (4) 'Limousine' means any motor vehicle that meets the manufacturer's specifica tions for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehi cle, and which does not have a door at the rear of the vehicle designed to allow pas senger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine. (5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract. (6) 'Person' means any individual, firm, partnership, corporation, company, associ ation, or joint-stock association, and includes any trustee, receiver, assignee, or per sonal representative thereof. (7) 'Public highway' means every public street, road, or highway in this state. 46-7-85.2. No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article. 46-7-85.3. No person may engage in the business of a limousine carrier over any pub lic highway in this state without first having obtained from the commission a certificate of public convenience and necessity to do so. 46-7-85.4. (a) The commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process. (b) A certificate shall be issued to any qualified applicant, provided that such appli cant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commission and has not been convicted of any felony as such vio lation or violations are related to the operation of a motor vehicle. 46-7-85.5. (a) It shall be the duty of the commission to regulate limousine carriers with respect to the safety of equipment. (b) The commission shall perform safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier. 46-7-85.6. No certificate issued under this article may be leased, assigned, or other wise transferred or encumbered unless authorized by the commission. 46-7-85.7. The commission may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds: (1) The violation of any of the provisions of this article;

TUESDAY, MARCH 23, 1993

2675

(2) The violation of an order, decision, rule, regulation, or requirement established by the commission pursuant to this article;
(3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commission;
(4) Failure of a limousine carrier to maintain required insurance in full force and effect; and
(5) Failure of a limousine carrier to operate and perform reasonable services. 46-7-85.8. After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier. 46-7-85.9. Pursuant to rules and regulations prescribed by the commission, each chauffeur employed by a limousine carrier shall register with the commission and secure a permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commission and shall bear thereon a distinguish ing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commission. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeur's permit shall be accompanied by such fee as the commission shall pre scribe. The chauffeur's permit shall be valid for two calendar years. The commission may issue a chauffeur's permit by mail. 46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the fol lowing information on a form provided by the commission. The applicant must:
(1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which must have been held for a mini mum period of one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; and
(3) (A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the viola tion of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the applica tion for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous sys tem stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
(B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For pur poses of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11. The State of Georgia fully occupies and preempts the entire field of regu lation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.
46-7-85.12. A limousine carrier operating under a certificate issued by the commission shall be required to file with the commission a tariff of rates and charges.
46-7-85.13. Before the commission shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.

2676

JOURNAL OF THE HOUSE,

46-7-85.14. A limousine carrier may obtain a temporary permit for a period of 21 con secutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued with out the commission having first received satisfactory proof that it meets the insurance requirements of the rules and regulations of the commission. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeur's permit.
46-7-85.15. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine car rier.
46-7-85.16. Any person doing business in this state as a limousine carrier who is reg istered as such with the commission as of May 1, 1994, shall be entitled to be issued a certificate required under this article by the commission authorizing such person to continue doing business as a limousine carrier provided that such person submits a proper application and pays the required fees.
46-7-85.17. The commission shall promulgate such rules and regulations as are neces sary to effectuate and administer the provisions of this article."
Section 2. This Act shall be effective on May 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, by substitute.
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 Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Y Brooks,D N Brooks.T Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
N Canty N Carlisle Y Carrell Y Carter

Y Cauthorn Y Chambless Y Chandler Y Channell N Childers Y Clark Y Coker Y Coleman.B N Coleman,T Y Colwell Y 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
Dover Y Ehrhart Y Epps 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 N Hart Y Heard Y Hegstrom Y Hembree Y Henson N Holland
Holmes Y 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 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
Mann Martin Y McBee
N McClinton McKinney.B Milam
Y Mills

N 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 Y Poag N Polak Y Porter
Poston Y Powell Y Purcell
Randall Randolph
Y Ray Y Reaves N Reichert Y Roberts

TUESDAY, MARCH 23, 1993

2677

Y Royal Y Scoggins N 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 Y Smyre
Y Snow Y Stancil,F

Y Stancil.S Y Stanley,L Y Stanley,? Y Stephenson Y Streat Y Taylor
Teague
Teper Y 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 Westmorland 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 142, nays 16.
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 report of the Committee of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 689

The Committee of Conference on HB 689 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 689 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Roy E. Barnes Representative, 33rd District

/s/ Charles C. Clay Senator, 37th District

/s/ E. M. Childers Representative, 13th District

/s/ Charles Walker

/s/ W. N. Hudson Representative, 156th District

A BILL
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, 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; to provide for vacancies; to provide that in the exercise of certain powers, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same extent as the state; to require certain hos pitals which receive certain public funds to comply with certain laws relating to open meetings and open records; to exempt certain potentially commercially valuable informa tion; to exempt certain competitively advantageous information; to repeal conflicting laws; and for other purposes.

2678

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, the "Hospital Authorities Law," is amended by adding immediately following Code Section 31-7-72 a new Code section to read as follows:
"31-7-72.1. (a) A hospital authority activated for a county pursuant to Code Section 31-7-73 may be merged with a hospital authority activated for that county under Code Section 31-7-72 upon compliance with this Code section and approval by resolution of the governing authority of the county in which the authorities are located. A majority of the board of each such hospital authority must approve such merger by a resolution which is adopted by each such board and is filed with the department. That resolution shall set forth:
(1) The name of each hospital authority planning to merge and the name of the surviving hospital authority into which each plans to merge; and
(2) The terms and conditions of the planned merger. (b) The merger authorized by subsection (a) of this Code section shall not become effective until the governing authority of the county of operation of the merging hospi tals appoints the members of the board of the surviving hospital authority by proper resolution and files copies of such resolution with the department. The governing authority is not required but is authorized to appoint as a member of the surviving hos pital authority any member of a hospital authority planning to merge. The board of the surviving hospital shall consist of not more than 15 members with initial appointments for such staggered terms as provided in the resolution of the county governing authority. Appointments to fill vacancies for either an unexpired or full term shall thereafter be filled as authorized for an authority under subsection (c) of Code Section 31-7-72. The surviving hospital authority shall be in all other respects a hospital authority created under Code Section 31-7-72. (c) A county whose hospital authorities have merged under the authority of this Code section shall not thereafter be prohibited from activating a hospital authority under Code Section 31-7-73. (d) When a merger under this Code section takes effect:
(1) Each hospital authority party to the merger merges into the surviving hospital authority and the separate existence of each such hospital authority except the surviv ing hospital authority ceases;
(2) The ownership of and authority to operate the hospitals owned by each hospi tal authority and, the title to all real estate and other property owned by each hospital authority party to the merger is vested in the surviving hospital authority without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger;
(3) The surviving hospital authority has all liabilities and obligations of each hos pital authority party to the merger; and
(4) A proceeding pending against any hospital authority party to the merger may be continued as if the merger did not occur or the surviving hospital authority may be substituted in the proceeding for the hospital authority whose existence ceased. (e) It is declared by the General Assembly of Georgia that in the exercise of the power specifically granted to them by this Code section, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia."
Section 2. Said article is further amended by striking Code Section 31-7-75.2, relat ing to exemptions from disclosure requirements for a potentially commercially valuable plan, proposal, or strategy, in its entirety and inserting in lieu thereof the following:
"31-7-75.2. Notwithstanding any other provision of law to the contrary, no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the authority or its medical facilities and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by

TUESDAY, MARCH 23, 1993

2679

the hospital authority governing board. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnes of the 33rd moved that the House adopt the report of the Committee of Conference on HB 689.
On the motion, 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
Y Birdsong Bordeaux 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 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 YDut 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 YGoodwin
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 Howard Y Hudson Y Hughes Y Hugley 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 Y Lakly Y Lane,D Y Lane.R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox
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 Y Orrock Y Padgett YParham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell
Randall Y Randolph YRay
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
Smith.W YSmyre Y Snow Y Stancil,F Y Stancil,S Y Stanley.L Y Stanley.P Y Stephenson Y Streat Y Taylor
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 Y White Y Williams,B Y Williams.R Y Yates Y Yeargin
Murphy,Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.

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 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.
The President has appointed on the part of the Senate the following:

2680

JOURNAL OF THE HOUSE,

Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th.
The Senate has adopted by the requsite constitutional majority the following Resolu tion of the Senate:
SR 370. By Senator Garner of the 30th: A resolution amending HR 610 relative to adjournment.

The Senate has agreed to the House substitute as amended by the Senate, to the fol lowing Bill of the Senate:
SB 317. By Senators Newbill of the 56th and Starr of the 44th:
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; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a permit; to provide that permits are nontransferable; to provide for grounds for revocation or suspension of a permit.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
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.
The following Senate amendment was read:
Amend the House substitute to SB 222 by striking in their entirety lines 1 through 10 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to regulate the sale or distribution to or".
By striking in its entirety Section 1 beginning on line 2 of page 2 and continuing through line 24 of page 5.
By striking in its entirety line 25 of page 5 and inserting in lieu thereof the following:
"Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended in Code".
By renumbering the remaining Sections 3 through 8 of such substitute as Sections 2 through 7, respectively.

Representative Dixon of the 150th moved that the House agree to the Senate amend ment, to the House substitute, to SB 222.
On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 23, 1993

2681

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 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 Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
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 Y FloydJ.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 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 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
Mann Y Martin Y McBee Y McClinton
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
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston N 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
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 Y Turnquest Y 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 motion, the ayes were 163, nays 2. The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consider ing the reports of the Committees of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 966

The Committee of Conference on HB 966 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 966 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ J. Tom Coleman, Jr. Senator, 1st District

/s/ Tommy Smith Representative, 169th District

/s/ Steve Thompson Senator, 33rd District

/s/ Jimmy W. Benefield Representative, 96th District

/s/ Jack Hill Senator, 4th District

/s/ Terry L. Coleman Representative, 142nd District

2682

JOURNAL OF THE HOUSE,

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; to provide for policy and intent; to provide for a joint rail passenger network financial and economic impact study; to provide for creation of the interstate rail passenger advisory council; to provide for membership, powers, and duties; to provide for construction; to provide for severability; 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 32 of the Official Code of Georgia Annotated, relating to highways, is amended by adding a new Chapter 11 to read as follows:
"CHAPTER 11
32-11-1. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substantially as this chapter.
32-11-2. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passenger sys tem would provide a beneficial service and would be enhanced if operated across state lines.
32-11-3. (a) The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Flor ida (referred to in this chapter as 'participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following:
(1) Carry forward research previously performed by the national railroad passenger corporation (Amtrak) (report issued December 1990) for purposes of evaluating a rep resentative service schedule, train running times, and associated costs.
(2) Include consideration of the following: (A) The purchase of railroad equipment by a participating state and the lease
of the railroad equipment to Amtrak. (B) The recommendation that a member of the council serve on the Amtrak
board of directors. (C) The periodic review of projected passenger traffic estimates. (D) Any other matter related to the financial and economic impact of a rail pas
senger network between the cities of Chicago, Illinois, and Jacksonville, Florida, (b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a participating state or the compact may be made available to the state or firm. How ever, the information may not include matters not of public record or of a nature consid ered to be privileged and confidential unless the state providing the information agrees to waive the confidentiality. 32-11-4. The participating states agree to do the following:
(1) Make available to each other and to a consulting firm representing a participa ting state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services.
(2) Provide financial assistance for the implementation of the feasibility study that is available. 32-11-5. The interstate rail passenger advisory council (referred to in this compact as the 'council') is created. The membership of the council consists of three individuals from each participating state. The Governor, President of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council. 32-11-6. The council shall do the following:
(1) Meet within 30 days after ratification of this agreement by at least two partici pating states.

TUESDAY, MARCH 23, 1993

2683

(2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members.
(3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3.
(4) Contract with persons, including institutions of higher education, for perform ance of any part of the study under Code Section 32-11-3.
(5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restora tion of the interstate rail passenger system.
(6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter. 32-11-7. This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for another participating state upon the enactment of the compact by the state. 32-11-8. This compact continues in force with respect to a participating state and remains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter. The withdrawal may not be con strued to relieve a participating state from an obligation incurred before the end of the state's participation in the compact. 32-11-9. (a) This compact shall be liberally construed to effectuate the compact's purposes. (b) The provisions of this compact are severable. If:
(1) A phrase, clause, sentence, or provision of this compact is declared to be con trary to the Constitution of a participating state or of the United States; or
(2) The applicability of this compact to a government, an agency, a person, or a circumstance is held invalid, the validity of the remainder of this compact and the compact's applicability to any gov ernment, agency, person, or circumstance is not affected. (c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 169th moved that the House adopt the report of the Committee of Conference on HB 966.
On the motion, 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 Y Birdsong Y Bordeaux
Boatick 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 YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G 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
Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson

Y Hughes Y Hugley
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 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
Y Orrock Y Padgett
Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak

2684

JOURNAL OF THE HOUSE,

Y Porter Y Poston Y Powell YPurcell
Randall Y Randolph Y Ray Y Reaves Y 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 Y Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley.L Y Stanley,? Y Stephenson Y Streat

On the motion, the ayes were 158, nays 0. The motion prevailed.

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 Y Yates Y Yeargin
Murphy,Spkr

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 265

The Committee of Conference on HB 265 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 265 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

hi Terrell A. Starr Senator, 44th District

hi William Dover

hi Hugh Gillis, Sr.

hi Theo Titus, III

hi Sonny Perdue Senator, 18th District

hi Cathy Cox

A BILL
To amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to provide for the manner in which the state revenue commis sioner may compel the remittance of certain abandoned property; to provide for proce dures; to recognize officially certain American Indian tribes of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by striking Code Section 44-12-231, relating to enforce ment authority, and inserting in its place a new Code Section 44-12-231 to read as follows:
"44-12-231. (a) The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or

TUESDAY, MARCH 23, 1993

2685

delivery of property presumed abandoned under this article, with the exception of prop erty held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned.
(b) Properties due and owing under this Code section and not paid over to the com missioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner pro vided for assessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1. The remedies specified in this subsection' shall be in addition to all other remedies provided for in this article."
Section 2. Said chapter is further amended by inserting at the end of Article 7, relat ing to the protection of American Indian burial objects, the following:
"Part 3 44-12-300. (a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities:
(1) The Georgia Tribe of Eastern Cherokee P.O. Box 1993 Dahlonega, Georgia 30533;
(2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and
(3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646.
(b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Dover of the 9th moved that the House adopt the report of the Com mittee of Conference on HB 265.
On the motion, 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 Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D Y Brooks.T
Brown YBuck Y Buckner
Bunn Y Burkhalter
Y Byrd 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 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 Pelton 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 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
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
Y 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

2686
Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill YShipp

JOURNAL OF THE HOUSE,

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 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 Y 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 motion, the ayes were 156, nays 1. The motion prevailed.

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.

By unanimous consent, the Clerk of the House was instructed to change HB 283 to SB 283.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 283

The Committee of Conference on SB 283 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 283 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Terrell A. Starr Senator, 44th District

Is/ Thomas B. Buck Representative, 135th District

/s/ Pete Robinson Senator, 16th District

/s/ Wm J. Lee Representative, 94th District

/s/ Harrill L. Dawkins Senator, 45th District

/s/ Tommy Chambless Representative, 163rd District

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change provisions relating to authorization of nonpartisan elections for certain offices by local Act of the General Assembly; to change the types of offices which may be so affected and the methods of qualifying for and conducting such nonpartisan elections; to remove provisions authorizing straight party voting other than straight party voting for presidential electors; to require voting for individual candidates other than presidential electors; to provide for other matters related to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 23, 1993

2687

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 in its entirety Code Section 21-2-139, relating to the nonpartisan election of county offices and local school boards and school superintendents, and inserting in lieu thereof the following:
"21-2-139. (a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices and 2 offices of local school boardSj and school supcrintcndcnta offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. The General Assembly may provide for the election of such officers at nonpartisan elections without a prior nonpartisan primary. The Except as otherwise provided in this Code sec tion, the procedures to be employed in such nonpartisan primariesz if applicable, and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. T-h Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan nomination2 if applicable, and election of candi dates to fill county offices shall conform to the general procedures governing nonpartisan primaries; if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primarieSj if applicable, and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law.
(b) In any nonpartisan primary or nonpartisan election provided for in this Code sec tion, including school board elections, the political party or body affiliation of each can didate, as stated on his or her affidavit of candidacy, shall be indicated beside his or her name; or, if his or her affidavit of candidacy stated his or her independence of any such affiliation, the word 'Independent' shall be placed beside his or her name.
(c) Any candidate for nomination in such a nonpartisan primary or election shall, in addition to all other requirements for qualifying as a candidate, execute and file with the appropriate official receiving other qualifying documents an affidavit stating the name of the political party or political body with which he or she is affiliated or the fact that he or she is independent of any such affiliation."
Section 2. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 21-2-285, relating to the form of official election ballots, and inserting in lieu thereof a new paragraph to read as follows:
v.J-} 1 o vote d strftigfit pflPty ticKetj wit/ft tfte exception of c&ndidQtes top oiiices of pPC9identifti electors, wiflpK ft cross \&*) or cttecK \v~ / Hiflpif tft trie SQUCIFG tft tne pdpty colTM umn, opposite the ae ef the party ef your choice. To vote for presidential electors, mark a cross (X) or check (\/) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. M yea de net desire te vote a party ticket, then place Place a cross (X) or check (V) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil."
Section 3. Said title is further amended by striking paragraph (2) of Code Section 21-2-322, relating to general requirements as to voting machines, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at ether than primaries, te vote a straight party or feedy ticket, with th exception ef candidates for the offices ef presidential electors, ene operation; in one operation, to vote for all the candidates of one party or body for presidential electors; and; m ene operation, te vete for att the candidates ef- one party OP oody IOP cvepy onice to DC voted IOP except those offices us to wriicn Ae votes lop individual candidates and the offices ef- presidential electors;".

2688

JOURNAL OF THE HOUSE,

Section 4. Said title is further amended by striking subsection (g) of Code Section 21-2-325, relating to the form of ballot labels generally, and inserting in lieu thereof a new subsection to read as follows:
"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column; te the left Of top ot WHICH sfifl.il i&e s stPfli^nt pdFty or body lever oy incft119 ot wnictt ftii electOF mcty^ tR one operfltioiij vote lor 911 trie c&ndidftte3 ot tftftt porty OP Docty ior every otnce to
names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order pre scribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political par ties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.'"
Section 5. Said title is further amended by striking paragraph (2) of Code Section 21-2-350, relating to general requirements as to vote recorders, and inserting in lieu thereof a new paragraph to read as follows:
"(2) It shall permit each elector, at ether than primaries, te vote a straight party er
ene operation per ballot eardf and in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; er; ia ene operation per teaHet
except tiiose oil ices fts to WHICH fie votes tor individusl csndidfltes find tne oiiiccs 01 presidential electors;".
Section 6. Said title is further amended by striking Code Section 21-2-416, which reads as follows:
"21-2-416. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways and his vote shall be counted as provided in this Code section:
(1) He may vote for each candidate individually as provided in this chapter; (2) He may vote a straight political party or body ticket as provided in this chap ter; or (3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the politi cal party or body designated, except candidates for the offices of presidential electors and those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.", and inserting in lieu thereof the following: "21-2-416. Reserved."
Section 7. Said title is further amended by striking subsection (b) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At elections, any ballot marked by any other mark than a cross (X) or check (\/) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X)

TUESDAY, MARCH 23, 1993

2689

or check (<J) mark thereon is irregular in form. A eresa {X} er cheek 4^} mark in the square opposite the name ef a political party er body in the party er hedy column ahatt be counted as a vote for every candidate ef- that party ef body ae marked, with the exception ef- candidates for the offices ef- presidential electors. A cross (X) or check (>/) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors. Any erasure, mutiliation, er defective marking ef the straight party er body column at general elections shall tender the entire ofliiot void, unless trie eieccop rift9 properly indicoxed nis enoice top C8.ndict8.v69 tR dfty ether column, in which ease the vote er votes fer saeh candidates only shaH be counted. Any ballot indicating a write-in for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (/) mark is placed before the name of such person."
Section 8. Said title is further amended by striking subsection (c) of Code Section 21-2-452, relating to admission of electors to enclosed space, voting procedure generally, procedure as to write-in votes, voting by electors whose right to vote is challenged, and paper ballots for handicapped voters, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) At primaries or elections, he an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate is placed. At elections, he may vote fer each candidate individually by opGF811n Hie Kcyj tiftridicj pointerj OP KHOD upon OP ftdjftecut to wnicn tne nftiwcs OT cs.n*
(with the exception ef candidates for the offices ef- presidential electors) in one operation Dy opepflting tnc strfti^jnt poiit/ics.1 pflPty OP Dody ievep ot tne politics! p&Pty or Dody ot
Deiore recording ftts vote1, C8ncci tne voto TOP ftny c&ndidQtc or sucn poitticfli pftpty OP Dody Dy pcpi&cin^ trie individu&i Key, nftndie, pointer, or KnoD or sucn Cftndidflte dud
op&P&11nf trie iteyj n8,ndie, pointer^ OP Knoo upon OP &djftccnt to wfticn trie fi8me &t sucn candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 9. Said title is further amended by striking subsection (b) of Code Section 21-3-187, relating to the form of an official election ballot and procedure in the event can didates are unopposed, and inserting in lieu thereof a new subsection to read as follows:
"(b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved:
'To vote a straight party ticket, mark- a cress {X) ef eheek- f^ mark in the atafe in the party column opposite the name ef the party ef yew choice. M yea de net desire te vete a party ticket, then place a cross (X) or check (\/) mark in the square opposite the name of each candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column; and the insertion of such name outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohib ited."
Section 10. Said title is further amended by striking subsection (g) of Code Section 21-3-225, relating to the form of ballot labels, and inserting in lieu thereof a new subsec tion to read as follows:

2690

JOURNAL OF THE HOUSE,

"(g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column; te th left e*
tft one opepfltion ? vote top firi tne csnQidQtc9 of tnflt pflPty OP oody top every ortice to be voted for. The names of such candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) of Code Section 21-3-187. The rows or columns occupied by the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-3-187."
Section 11. Said title is further amended by striking Code Section 21-3-325, which reads as follows:
"21-3-325. Notwithstanding any other provisions of this chapter to the contrary, an elector voting by paper ballots or by vote recorder may cast his vote in elections in any one of the following ways, and his vote shall be counted as provided in this Code sec tion:
(1) He may vote for each candidate individually, as provided in this chapter; (2) He may vote a straight political party or body ticket, as provided in this chap ter; or (3) He may vote a 'modified straight party ticket' by casting in combination a straight party vote, in the manner provided in paragraph (2) of this Code section, and a vote or votes for individual candidates, in the manner provided in paragraph (1) of this Code section, which shall constitute a valid vote for every candidate of the politi cal party or body designated, except those offices as to which he has indicated a choice for individuals other than the straight party nominees, which choice shall be valid only as votes for such individuals so designated.", and inserting in lieu thereof the following: "21-3-325. Reserved."
Section 12. Said title is further amended by striking subsection (d) of Code Section 21-3-346, relating to procedure as to count and return of votes generally; marks, mutilations, and defects rendering ballots void; disposition of unmarked, improperly marked, and defectively marked ballots; placement of crosses or checks for straight party or write-in votes; and certification of vote and preparation of returns by poll officers, and inserting in lieu thereof a new subsection (d) to read as follows:
{.Q.) AT elections^ d cross ^A./ or cftecK \ v / IH&PK m Ttte scjuflre opposite trie H&IHO of d political party or bedy the party or feedy eekmm shaH be counted as a vote for every candidate of that party or body se marked. Any erasure, mutilation, or defective marking of tne 9vpfliiit pflpty OP uociy column trt enep&i elections sn&n render trie entire o&llot void; unless the eteetet has properly indicated hfe choice for candidates m any ether o\umn, i which ease the vote or votes for seh candidates enly shall be counted. At elec tions, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-3-105 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check (>/) mark is placed before the name of such person."
Section 13. Said title is further amended by striking subsection (d) of Code Section 21-3-362, relating to admission of electors to enclosed space, voting by electors whose right to vote is challenged, voting procedure generally, and procedure as to write-in votes, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) At primaries; or elections an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the names of candidates of his or her choice are placed. At election, he may vote (or each candidate indiviuuftily oy operA11n tne Kcy( n&ndie* pointer^ or Knoo upon OP fldjftcent to wnicn
pftpty OP oody ticKet m one opePS11on oy opcrfl11nf tne stpctigtit politicfli pflpty OP oody lever of tne poiiticfli pftpty OP oody of nis cnoice. 1'ic mtiy dtsOj Qiter flflvm^j opepQtcd tne

TUESDAY, MARCH 23, 1993

2691

pflrty of oody icver find DCIOPC recording nis VOIG( cctncci WIG vote tot s.ny of sucn politicfll pflrty of oody oy PCpidcift trie indiviuu&i Key, nsndie, pointer, OF Knoo ot sucn csndid stc snd msy vote tor d cdttu idflic of dnotner pftfty of Dody tor Tftc
the muse ef such candidate appears. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give."
Section 14. This Act shall become effective on July 1, 1993.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
Representative Chambless of the 163rd moved that the House adopt the report of the Committee of Conference on SB 283.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y James Y Jamieson Y Jenkins Y Johnson.D.H N Johnson.E
Johnson.G Y Johnson,J Y Johnston Y Jones
Joyce Y Kaye Y Kinnamon N Klein YLadd Y Lakly Y Lane.D Y Lane,R N Lawrence
Lawson Y Lee Y Lewis YLord
Lucas N Maddox
Mann Martin
Y McBee McClinton
McKinney,B Milam 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
Patten Y Pelote Y Perry
N 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 N Shipp Y Simpson
Sinkfield Y Skandalakis Y Skipper

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

On the motion, the ayes were 117, nays 31. The motion prevailed.

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 Anno tated, 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 Offi cial 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.

2692

JOURNAL OF THE HOUSE,

The following report of the second Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 300

The Committee of Conference on HB 300 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 300 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David Scott Senator, 36th District

/a/ John Godbee Representative, 145th District

/s/ Charles C. Clay Senator, 37th District

/s/ Ann R. Purcell Representative, 147th District

/s/ Steve Henson Senator, 55th District

/s/ Maretta M. Taylor Representative, 134th District

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to 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 resig nations 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 change the manner in which certain insurance may be provided; to provide for nonpartisan pri maries 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 school superintendent employment contracts; to specifically repeal provisions relating to qualifications, suspension, and removal of school superintendents and vacancies in such offices; to change the provisions relating to eligibil ity for school enrollment; to change the provisions relating to annual performance evalua tions; to change the provisions relating to due process procedures for certain controversies; to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to defi nitions 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 effec tive 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) The gftmd jwy ef- each county, except those counties which *e nder a local system, shall, frena time te time, select frem th citizens ef- their respective counti63 live persons, wrio sftQH coos111ute inc county oodwi ot GOuc&ttowt; oucri memDC1*9 shaH be elected for term ef five years and shaH heW thew offices tHrtS their successors

TUESDAY, MARCH 23, 1993

2693

agent f-er such publisher, rter ay person whe ahall be pecuniarily interested in- the- sale
county school superintendent; provided, further, that whenever No person shall be eligi ble 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 local 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.

preceding trie cxpiro.tion ot trie term OT tfte mcmoer wnoEfr tno memoer to DC selected wiS replace. Whenever a member of a local board of education moves that person's dom icile 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.
(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 per son 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 aubacction shall be applicable te aH persona seeking to become elected er appointed te any local feeard 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 elec tion 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:
"20-2-52. T-fee grand jury, selecting the members ef- the county beard- ef- education,

sen whe resides within the limits ef a local school system operated independently ef the county board btrt shall apportion members ef the county beafd a* feat as practicable ever
iftir Knowledge of tiie elementflry orflncnes of cduCQ11on mid i&e 1flvorftDle to tne puDlic school ayatcm. Whenever a member ef the county beard moves his residence into a miliLift district wfiere finotner mcmoer or trie county DOflPd resides of into ft district or municipality that has an independent local school aystcm, the member changing his resi dence shall immediately ccaac te be en the county board, an4 the vacancy shall be filled fts required Dy IQW. JNotwitiistflndiri^j trie lore^omu provisions to trie conIPSryj ft county
selected frem the same militia district. Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided by 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 sec tion to read as follows:

2694

JOURNAL OF THE HOUSE,

"20-2-53. Whenever members ef a county teeal ef education or county school superintendent tpe sppcunted, rt sfiflii DC trie duty of ins cierK of tiie superior couf* wiicii

Or til6 DOflPd Or euUCQtlOIl WflCH H16IT1DC PS Or trie DOflPQ Of edUCdtlOfl Of SUpePintCHdCHt
flpc flppoittteu Dy tftc DOflPu of cctucfltioiit TO lopwftrci TO tnc oecreiflpy of otftte fl ccrtitied
"i fie st&*cmcRT must ive trie Hdme of trie ftppomtcc, wfioB^ itiey succeed , wiictiiep the oilice WHS v&ctitcd oy rcsi^notion, deotrij OP otncpwise, find trie eifCuve dfttc of me 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 system or other political subdivision to transmit to the Secretary of State and to the State School Super intendent 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, relat ing 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 educa tion do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows:
\i/--xf tftc mem DCPS of tiic loefti DOQ.PQ of eciucfttiott ftfC1 elected Dy trie votePSt trie vacancy shaH be filled aa 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 spe cial 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 shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
\Bf--if trie ni6niDers of te locftl t?OflPd of ectucfl11on fife 9ppointcd oy THC fo.nd jtipy( trie Feiuiiriii) memDei*9 of trie rocfli DoflPd of educfltion, Dy IBQJOPi*y votCj 9HAH select a qualified persee te fitt the vacancy until th next gremd- jwy convenes hnmedifltely toilowin^ tne occuppcftoe of tine vscfliicyj trt wtiicft time TRC pflnd jury snfin appoint a qualified pef8e te serve for tite remainder ef th unexpired tefr (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:

TUESDAY, MARCH 23, 1993

2695

"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 school districts the compensation of members of local boards shall be paid only from the local tax funds available to local boards for edu cational purposes.
(b) (1) A local board of education is authorized to provide group medical and den tal insurance for its members who elect to participate. Such insurance may be pro vided through a group policy secured by the local school district, a group policy secured by several local school districts, or bj; a policy secured by an organization of local school boards. 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 con tribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. 5%e remainder ef sek insurance eest shall be paW

members elect family ef individual coverage. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member.
(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 mem ber continues in office and makes any employee contribution required for such cover age. 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 educa tion."
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 con trary, 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 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 pri maries 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.
(b) Pursuant to the authority of this subsection, members of any local board of edu cation who are required to be elected to such offices in nonpartisan primaries and elec tions, 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 elec tions, 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,

2696

JOURNAL OF THE HOUSE,

wno, unless otnerwisc provided by iocs! iflw ofj HS tne flusettce of iocflrt iflw, "oy locsl board policy, ahall 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 or their nominee 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 cler ical work it may direct tea the superintendent to do. He The superintendent or their nominee 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, m all countics of tins stfltc fiflvmg ft populfttion of not less tn&n i o,c\j\) ROT more tn&n ( ( ,uuu according te the United States decennial census ef 1060 er any future such ccnaua, ^tne
tins Ljode section out snflii serve for sucii term 89 sn&n oe iixed tjy tiie DOQPQ oy oppro" pridte resolution ddopted oy tfte Doord, wnicn resolution m&y oe smendcd iFom" time to time by th board. Pursuant to the authority of this subsection, any local board of edu cation 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 Vot ing 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, relat ing 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 in those counties which are under a local syatcm, aH county school snflll oe elected oy tiie cjusliiied voters of their respective counties
quadrennially en Tuesday after the ftrst Monday in November, for terms ef four years Dcgmnin on wflnuflry T following trie dsy of election. Miflcft sn&n rioid office until nis
independent school systems net under the supervision ef- the county school superintendent; the voters ef- such independent syatcm er systems shall net vete i any primary er election top tne county scnooi superintendent, out ttiis OOQC section snsii not disQUQIIty registered, qualified voters residing in the limits ef the quasi independent school district from voting in any primary er election fer county school superintendent.
(a) Superintendents of each school system shall be employed by the local Board of Education under written contracts for a term of not less than one year and not more than two years. 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 sub section becomes effective, are repealed. Any contract entered into pursuant to the provi sions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified imme diately before this subsection becomes effective as long as that contract was valid at such time.
(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 character, has never been convicted of any crime involving moral turpitude, and pos sesses acceptable business or management experience as specified by the Professional Standards Commission or 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.

TUESDAY, MARCH 23, 1993

2697

(d) This Code section shall not apply to any elected school superintendent in office on January 1^ 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 l^ 1993, the local board shall appoint and employ a successor in accordance with this Code section.
(f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those par ties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract."
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 12.1. Said chapter is further amended by striking subsection (d) of Code Section 20-2-150, relating to eligibility for enrollment, and inserting in its place the follow ing:
"(d) No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child's social security number which shall be incorporated into the official school records pertaining to that child or youth. Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information required of every student under its jurisdiction prior to the beginning of each school year. School authorities may provisionally admit a child for whom an official social secu rity number has not been provided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment. A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a notarized statement objecting to the requirement."
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 pro fessional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability."

2698

JOURNAL OF THE HOUSE,

Section 13.1. Said chapter is further amended by striking subsection (f) of Code Section 20-2-1160, relating to local boards determining school law controversies, and inserting in its place the following:
"(f) The procedures provided in subsections (a) through (e) of this Code section shall not be applicable to handicapped children when a hearing is necessary to decide a com plaint made under the Education for All Handicapped Children Act of 1975. The state board shall promulgate by rules and regulations an impartial due process procedure for hearing and determining any matter of local controversy in reference to the construction or administration of the school law and a appeals procedure with respect to handi capped children as such term is defined by the state board. Any tribunal which the state board shall empower to hear such cases shall have the power to summon witnesses and take testimony as such tribunal deems it necessary. In promulgating such rules and reg ulations, the state board shall consult with local boards of education and other local school officials in order to establish procedures required by this subsection which will coordinate, to the extent practicable, with the administrative practices of such local boards."
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 area sefeeel superintend ent; 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 elec tion or appointment and who is not a qualified voter entitled to vote; provided, however, that any person whe shall have been a bona fide citizen of a county for i2 months shall be eligible te be elected or appointed as county sheel superintendent eve though said person ffifiy not reside HS tridt psrt of tnc county wfttcti ~is undcp tnc supervision Or trie county superintendent ef schools and is ineligible te vete in the election for saeh super intendent ef schools; er no prior state or county residency requirement shall be applica ble 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.

Representative Walker of the 141st moved that the House adopt the second report of the Committee of Conference on HB 300.
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 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 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 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

TUESDAY, MARCH 23, 1993

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
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 Y 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 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 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

On the motion, the ayes were 169, nays 0. The motion prevailed.

2699
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 Y Williams.B Y Williams.R Y Yates Y Yeargin
Murphy.Spkr

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 70

The Committee of Conference on SB 70 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 70 be adopted.

Respectfully submitted,

FOR THE SENATE:
Is/ Peg Blitch Senator, 7th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Charles A. Thomas, Jr. Representative, 100th District

/s/ Edward E. Boshears Senator, 6th District

/s/ Denmark Groover, Jr. Representative, 125th District

/s/ Rene D. Kemp Senator, 3rd District

/s/ Tommy Chambless Representative, 163rd District

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,

2700

JOURNAL OF THE HOUSE,

state departments, and other state entities shall have printed thereon one or more tele phone numbers to which responses and inquiries may be directed; to provide for defini tions; to provide for applicability; to provide for limited use of noncomplying stationery; to provide for other related matters; 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 in cer tain administrative proceedings parties may not access public records pertaining to the subject of the proceeding without the approval of the presiding administrative law judge; to provide an exception with regard to certain proceedings; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, currently designated as reserved, and inserting in its place a new Article 1 to read as follows:
"ARTICLE 1
50-18-1. (a) As used in this Code section, the term 'state agency' means any state department, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality.
(b) All stationery used by any state agency for correspondence with members of the public shall have printed or typed thereon one or more telephone numbers to which responses or questions concerning such correspondence may be directed.
(c) This Code section shall not apply to: (1) Stationery for the use of the office of the Governor; or (2) Stationery for the use of any officer or agency or other entity of the judicial
branch of state government. (d) Subsection (b) of this Code section shall apply to all stationery ordered by state agencies after July 1, 1993. Until July 1, 1995, state agencies may continue to use statio nery printed before July 1, 1993, which does not comply with subsection (b) of this Code section."
Section 2. Said chapter is further amended by striking subsection (e) of Code Sec tion 50-18-70, relating to inspection of public records, in its entirety and inserting in lieu thereof the following:
"(e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administra tive Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the pro ceeding pursuant to this article without the prior approval of the presiding administra tive law judge, who shall consider such open record request in the same manner as any other request for information put forth by a party in such a proceeding. This subsection shall not apply to any proceeding under Chapter 13 of this title, relating to the revoca tion, suspension, annulment, withdrawal, or denial of a professional education certificate, as defined in Code Section 20-2-200, or any personnel proceeding authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of Title 20."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Thomas of the 100th moved that the House adopt the report of the Committee of Conference on SB 70.
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

Y Bargeron Y Barnes Y Bates

Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks.D

TUESDAY, MARCH 23, 1993

2701

Y Brooks.T Brown Buck
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 Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis.G
Y Davis.M Y 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 Hanner 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 Johnson.D.H

Y Johnson,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
YLee Y Lewis Y Lord Y Lucas Y Maddox
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 Y 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 Y Randall Y Randolph YRay
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 N Smith.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 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 Y Yates Y Yeargin
Murphy.Spkr

On the motion, the ayes were 164, nays 1. The motion prevailed.

Representative Lee of the 94th moved that all Bills and Resolutions of the House remaining on the General Calendar be referred back to the Committees from whence they came.
The motion prevailed.

The following Resolution of the Senate was read:

SR 370. By Senator Garner of the 30th

A RESOLUTION

Amending HR 610, relative to adjournment; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that HR 610 be amended by striking "9:00 P.M." and inserting "9:30 P.M."

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 N Brooks.T

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 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
Dixon.H Y Dixon.S Y Dobbs

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 YHart
V ,,,,,,)

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

2702

JOURNAL OF THE HOUSE,

Y 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 Y Lucas
Maddox 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
Y 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 Y 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 Y Smith, W
Y 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 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 adoption of the Resolution, the ayes were 165, nays 1. The Resolution was adopted.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 234

The Committee of Conference on SB 234 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 234 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Mary Margaret Oliver Senator, 42nd District

/s/ Nan Orrock Representative, 56th District

/s/ Mark Taylor Senator, 12th District

/s/ Tom Bordeaux Representative, 151st District

/s/ Robert Brown

/s/ Charles Thomas

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 Fatality Review Panel; to change the name of the panel to the Child Abuse Prevention Panel; to change provisions relating

TUESDAY, MARCH 23, 1993

2703

to the membership, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Chapter 15, relating to state and local review of child fatalities and child abuse and related procedures, and inserting in its place a new Chapter 15 to read as follows:
"CHAPTER 15
19-15-1. As used in this chapter, the term: (1) 'Abused' means subjected to child abuse. (2) 'Child' means any person under 18 years of age. (3) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of disci pline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual assault of a child; or (D) Sexual exploitation of a child. (4) 'Child protection professional' means any person who is employed by the state
or a political subdivision of the state as a law enforcement officer, schoolteacher, school administrator, or school counselor or who is employed to render services to chil dren by the Department of Human Resources or any county board of health or county department of family and children services.
(5) 'Committee' means a child abuse protocol committee established pursuant to Code Section 19-15-2.
(6) 'Panel' means the State-wide Child Fatality Review Abuse Prevention Panel created by Code Section 19-15-4.
(7) 'Report' means a report prepared by a committee pursuant to subsection (b) of Code Section 19-15-3.
(8) 'Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in:
(A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. 19-15-2. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meet ing. Thus established, the committee shall thereafter elect a chairperson from its mem bership. (c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee: (A) The office of the sheriff; (B) The county department of family and children services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; (I) The office of the chief of police of the largest municipality in the county;

2704

JOURNAL OF THE HOUSE,

(J) The county board of health, which shall designate a physician to serve on the committee; and
(K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a repre sentative from a local citizen or advocacy group which focuses on child abuse aware ness and prevention. (d) The chief superior court judge or, after the first meeting, the child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources, a copy of which shall be furnished to each agency in the county han dling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child. (g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and may meet from time to time for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same. 19-15-3. (a) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation pursuant to Code Section 45-16-24, that medical examiner at the same time shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death. (b) A committee which receives a report pursuant to subsection (a) of this Code sec tion shall meet and review the report within ten days after receipt and conduct its own investigation into the death of the child named in that report. The committee may obtain from any superior court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the com mittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. The committee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The committee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the committee held after the committee received the medical examiner's report. The committee's report shall: (1) State the circumstances leading up to death and cause of death;
(2) Detail any agency involvement prior to death, including the beginning and end ing dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities;
(3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death;
(4) State whether court intervention had ever been sought;
(5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; and
(6) Make recommendations for possible prevention of future deaths of similar inci dents for children who are at risk for such deaths.
(c) The committee shall transmit a copy of its report within 15 days following its completion to the Department ef Human Resources Criminal Justice Coordinating

TUESDAY, MARCH 23, 1993

2705

Council and to the panel. The committee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report concluded that the child named therein died as a result of:
(1) Sudden Infant Death Syndrome when no autopsy was performed to confirm
the diagnosis; (2) Accidental death when it appears that the death could have been prevented
through intervention or supervision; (3) Any sexually transmitted disease; (4) Medical causes which could have been prevented through intervention by an
agency or by seeking medical treatment; (5) Suicide of a child in custody or known to the Department of Human Resources
or when the finding of suicide is suspicious; (6) Suspected or confirmed child abuse; (7) Trauma to the head or body; or (8) Homicide.
19-15-4. (a) There is created the State-wide Child Fatality Review Abuse Preven tion Panel which shall be composed as follows:
(1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) 0H Two citizen member members who shall be appointed by the Governor, who are is not employed by or an officer officers of the state or any political subdivi sion thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairman chairperson of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Depart ment of Human Resources; and (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House;
(11) A local law enforcement official appointed by the Governor; and
(12) A superior court judge appointed by the Governor.
(b) (1) Members of the panel specified in paragraphs (1) through (4) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin July 1, 1990, and expire June 30, 1992, and until their respective successors are appointed and qualified. Members of the panel specified in paragraphs (11) and (12) of subsection (a) of this Code section shall be appointed by the Governor for ini tial terms of office to begin immediately upon their appointment and expire June 30, 1993. Thereafter, successors to such members whose terms of office are to expire shall be appointed for terms beginning on July 1 of the year in which such terms expire and shall serve for terms of two years and until their respective successors are appointed and qualified.
(2) Members of the panel specified in paragraphs (9) and (10) of subsection (a) of this Code section shall serve for terms of office concurrent with their terms of office as members of the General Assembly.
(3) Vacancies in the membership of the panel so appointed shall be filled in the same manner as the original appointment for the unexpired term of office. Members of the panel specified in paragraphs (5) through (7) of subsection (a) of this Code sec tion shall serve during the time such persons hold the offices or positions specified therein.
(c) Members of the panel who are members of the General Assembly shall be com pensated for service on the panel from legislative funds in the manner provided for ser vice on interim study committees. Those members of the panel described * paragraphs

2706

JOURNAL OF THE HOUSE,

H) through 4?) ef aubacction {a) ef this Code section who are not state officials or employees shall receive from funds appropriated or otherwise available to the panel ne additional compensatieft for their services on the panel btrt shall receive the same daily expense and travel or mileage allowance authorized for members of the General Assem bly for service on interim study committees; . The members of the panel who are state officials or employees shall receive no additional compensation for their service on the panel but may be reimbursed for reasonable and necessary travel expenses which shall be payable from the department or agency of which such member is an employee or officcr. T fie rcinftiniw^ WICIRDCFS or the pflnd snftrr receive from stfltc funds RO convpeUSATM tion, expenses, er allowances er sweh services en the panel.
(d) The panel shall be attached for administrative purposes to the Criminal Justice Coordinating Council. The Criminal Justice Coordinating Council shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law.
^d) (e) The Governor shall appoint the chairperson 3%e chairman ef the Beard ef Human Resources shaH serve as chairman of the panel. The panel shall meet yearly quarterly to review the reports of committees and shall meet when requested to do so by the Governor. The chairman chairperson shall review each report submitted to the panel by a committee and may call a special meeting of the panel to review any report when the chairman chairperson has concluded the report warrants expedited review and has been requested by the submitting committee to make such expedited review.
{e} Q At the end By December I of each calendar year, the panel shall submit a report to the Governort the Lieutenant Governor, and the Speaker of the House regard ing the prevalence and circumstances of child fatalities and child abuse in the state, rec ommend measures to reduce such fatalities caused by other than natural causes, and shall address in the report the following issues:
(1) Whether the deaths could have been prevented; (2) Whether the children were known to any state or local agency; (3) The actions, if any, taken by any state or local agency or court; {3} (4) Whether agency or court intervention could have prevented their deaths; {4) (5) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings; and W (6) Whether any referral should have been made to a law enforcement agency which was not made. (g) The panel shall also comprehensively review the policies, procedures, and opera tions of the Division of Family and Children Services of the Department of Human Resources by December ]j 1993, in an effort to ensure coordination of social services, law enforcement, and criminal and juvenile justice relating to the prevention of child fatalities. The panel shall report its findings to the Governor, the Lieutenant Governor, and the Speaker of the House no later than December 1, 1993.
{f) (h) The panel shall also establish procedures for the conduct of investigations by committees into deaths of children and may obtain the assistance of child protection professionals in establishing such procedures.
(i) The panel shall also review on an ongoing basis the policies, procedures, and oper ations of the Division of Family and Children Services of the Department of Human Resources and whether modifications are necessary to help prevent child abuse and child fatalities.
0) The panel shall also monitor implementation of the state child abuse prevention plan and make an annual report on the progress of the implementation of such plan to the Governor, Lieutenant Governor, and Speaker of the House of Representatives.
19-15-5. Meetings and proceedings of:
(1) A committee in the exercise of its duties shall be closed to the public and shall not be subject to Chapter 14 of Title 50, relating to open meetings;
(2) The panel shall be open to the public as long as information identifying a deceased or abused child, any family member of the child, or alleged or suspected per petrator of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying

TUESDAY, MARCH 23, 1993

2707

information is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-15-6. (a) Records and other documents which are made public records pursuant to any other provisions of law shall remain public records notwithstanding their being obtained, considered, or both, by either a committee or the panel. (b) Notwithstanding any other provision of law to the contrary, reports of a commit tee made pursuant to Code Section 19-15-3 and reports of the panel made pursuant to Code Section 19-15-4 shall be public records and shall be released to any person making a request therefor but the panel or committee having possession of such records or reports shall only release them after expunging therefrom all information contained therein which would permit identifying the deceased or abused child, any family mem ber of the child, any alleged or suspected perpetrator of abuse upon the child, or any reporter of suspected child abuse. (c) Statistical compilations of data by a committee or the panel based upon informa tion received thereby and containing no information which would permit the identifica tion of any person shall be public records. (d) Members of a committee or of the panel shall not disclose what transpires at any meeting other than one made public by Code Section 19-15-5 nor disclose any informa tion the disclosure of which is prohibited by this Code section, except to carry out the purposes of this chapter. Any person who knowingly violates this subsection shall be guilty of a misdemeanor. (e) A person who presents information to a committee or the panel or who is a mem ber of either body shall not be questioned in any civil or criminal proceeding regarding such presentation or regarding opinions formed by or confidential information obtained by such person as a result of serving as a member of either body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a committee or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge. (f) Except as otherwise provided in this Code section, information acquired by and records of a committee or the panel shall be confidential, shall not be disclosed, and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal pro ceeding. (g) A member of a committee or the panel shall not be civilly or criminally liable for any disclosure of information made by such member as authorized by this Code sec tion. 19-15-7. Nothing in this chapter shall be construed to authorize or require the inspection of any records or the release of any information if that inspection or release would result in the loss of any federal funds to the state."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Orrock of the 56th moved that the House adopt the report of the Committee of Conference on SB 234.
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 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

Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter

Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
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

2708

JOURNAL OF THE HOUSE,

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
Harris.B Y Harris.M YHart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland

Y Holmes Y Howard
Y Hudson 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
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
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
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 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 motion, the ayes were 165, nays 0. The motion prevailed.

Representatives Cauthorn of the 35th and Coker of the 31st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
SB 317. By Senators Newbill of the 56th and Starr of the 44th:
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; to provide definitions; to require each limousine carrier to obtain a permit from the commission; to provide for issuance of a permit; to provide that permits are nontransferable; to provide for grounds for revocation or suspension of a permit.

The following Senate amendment was read:

Amend the House substitute to SB 317 by adding on line 14 on page 1 the following the word "is" the word "not".
By adding on line 1 on page 2 immediately following the word and symbol "limousines," the words "and sedans".
By rewriting line 2 on page 2 so that it reads as follows:
"not more than 15 persons for hire, except that any".
By adding on line 7 on page 3 after the word and symbol "limousines," the words "or sedans".
By adding between lines 15 and 16 on page 3 the following:

TUESDAY, MARCH 23, 1993

2709

"(8) 'Sedan' means any luxury or sedan-type vehicle which has a seating capacity of not more than five passengers and the driver and which does not contain a taximeter designed to measure electronically or mechanically the distance traveled."
By adding on line 17 on page 3 following the word "limousine" the words "or sedan".
By striking line 8 on page 7 and inserting in its place the following:
"pay established fees for a nonrestrictive business license".
By adding on line 10 on page 7 after the word "shall" the word "not".

Representative Stanley of the 50th requested that the Senate amendment to SB 317 be printed.

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 26

The Committee of Conference on SB 26 recommends that both the Senate and the House of Representatives recede from their positions and that SB 26, as passed by the House of Representatives, with the attached Conference Committee amendment to SB 26 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles Walker Senator, 22nd District

/s/ Georganna Sinkfield Representative, 57th District

/s/ Nadine Thomas Senator, 10th District

/s/ Jim Martin Representative, 47th District

/s/ Mark Taylor

Is/ Thurbert E. Baker Representative, 70th District

The Conference Committee moves to amend SB 26, as passed by the House of Repre sentatives, by adding after the word "To" on line 1 of page 1 the following:
"state legislative findings and intent; to".
By adding between lines 3 and 4 of page 2 the following:
"PART I
Section 1. The General Assembly estimates that up to $6 million will be saved on an annual basis when the provisions of Code Sections 49-4-112, 49-4-113, and 49-4-115 are

2710

JOURNAL OF THE HOUSE,

fully implemented for complete fiscal years. It is the intent of the General Assembly that such cost savings realized by the implementation of these three Code sections be redirected into the Aid to Families with Dependent Children program in the following priorities:
(1) Extension of transitional Medicaid for up to 24 months provided a federal waiver is obtained;
(2) Expansion of PEACH program slots; and (3) Child care assistance for low-income working families."
By adding following "days" on line 15 of page 4 the following:
"or until the recipient complies with this Code section, whichever occurs first".
By adding, following the word "termination" on line 24 of page 4 the following:
"or until the recipient complies with this Code section, whichever occurs first".
By striking lines 13 through 16 of page 6 and inserting in lieu thereof the following:
"recipients. This provision shall only apply to recipient families who have been in receipt of cash benefits under this article for a period of a total of 24 months after Janu ary 1, 1994. Nothing in this Code section shall be construed to disqualify a recipient family from an incremental increase in benefits in cases in which the birth of a child is the result of a verifiable rape or incest.'"

Representative Martin of the 47th moved that the House adopt the report of the Committee of Conference on SB 26.
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 Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks.D N Brooks.T
Brown YBuck
Y Buckner Y Bunn 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 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 N Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris.B Y Harris.M N Hart Y Heard
Hegstrom Y Hembree Y Henson Y Holland

N 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 Y Johnston N Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane.D Y Lane.R Y Lawrence Y Lawson Y Lee Y Lewis YLord N Lucas Y Maddox
Mann Y Martin Y McBee N McClinton
McKinney,B Milam Y Mills

On the motion, the ayes were 154, nays 15.

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 YPoag Y Polak Y 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
Y Smith,L Y 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 Y Streat N 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 N White Y Williams.B Y Williams,R Y Yates Y Yeargin
Murphy.Spkr

TUESDAY, MARCH 23, 1993

2711

The motion prevailed.

Representatives Taylor of the 134th, Jones of the 71st, Hugley of the 133rd, Stanley 49th and Stanley of the 50th stated that they inadvertently voted "nay" on 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 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.

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.

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 Gwin nett County, so as to provide for an additional judge for the State Court of Gwinnett County.

HB 1093. By Representative Porter of the 143rd:
A bill to amend an Act providing a new charter for the City of Dublin, so as to provide that the time of elections for the City of Dublin will conform with the "Georgia Municipal Election Code".

HB 1094.

By Representative Porter of the 143rd:
A bill to provide that the Board of Education of the City of Dublin shall be a body corporate and politic with authority to purchase, acquire, lease, con demn, and hold real estate in that name.

HB 1096. By Representatives Holland of the 157th and Chambless of the 163rd:
A bill to amend an Act establishing the State Court of Worth County, so as to change the salary of the solicitor of said court.

HB 1106. By Representatives Thomas of the 100th and Chandler of the 99th:
A bill to amend an Act providing a new charter for the City of Villa Rica, so as to change the corporate limits of the City of Villa Rica.

2712

JOURNAL OF THE HOUSE,

HB 1107. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act creating a board of commissioners of Turner County," so as to change the compensation of the chairman and commissioners of Turner County.

HB 1115. By Representative Byrd of the 170th:
A bill to provide for a supplement to the salaries of the judges of the supe rior courts and the district attorney of the Brunswick Judicial Circuit.

HB 1117.

By Representative Byrd of the 170th:
A bill to authorize the governing authority of Jeff Davis County to increase the supplement to the salaries of the judges of the superior court of the Brunswick Judicial Circuit and to the salary of the district attorney of the Superior Court of Jeff Davis County.

HB 1123.

By Representatives Johnson of the 148th, Johnson of the 153rd, Mueller of the 152nd, Dixon of the 150th and Bordeaux of the 151st:
A bill to amend an Act to dissolve the Savannah-Chatham County Anti-Drug Commission; to repeal the Savannah-Chatham County Anti-Drug Commis sion Act.

HB 1124.

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.

The Senate has agreed to the House amendments to the following Bills and Resolu tions of the Senate:

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.
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 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.

TUESDAY, MARCH 23, 1993

2713

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 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.

SR 109. By Senators Burton of the 5th, Marable of the 52nd and Tysinger of the 41st:
A resolution creating the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing.

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.

The Senate has agreed to the House amendments to the Senate substitutes to the fol lowing Bills of the House:

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.

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 Senate has agreed to the House amendments to the Senate amendments to the following Bills of the House:

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.

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.

2714

JOURNAL OF THE HOUSE,

The Senate has agreed to the House substitutes to the following Bills and Resolutions of the Senate:

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 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 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 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 Anno tated, 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 unclas sified 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.

TUESDAY, MARCH 23, 1993

2715

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 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 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 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 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.

SB 175. By Senators Clay of the 37th and Edge of the 28th:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Anno tated, relating to general provisions applicable to labor and industrial rela tions, so as to provide immunity from civil liability to an employer or any other person who discloses information about another person's job perform ance under certain circumstances.

SR 180. By Senator Bowen of the 13th:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of electrical transmission lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; to provide an effective date.

2716

JOURNAL OF THE HOUSE,

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 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 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.
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.
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.
SB 256. By Senator Henson of the 55th:
A bill to amend Code Section 53-3-6 of the Official Code of Georgia Anno tated, relating to procedure when a will is lost or destroyed and the presump tion of revocability, so as to provide for applicability language.
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 273. By Senators Pollard of the 24th and Ray of the 19th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide that no municipal inmate shall be deemed to be an employee for purposes of obtaining workers' compensation benefits; to provide an effective date.

TUESDAY, MARCH 23, 1993

2717

SB 315. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to create the office of senior magis trate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the com position of the Council of Magistrate Court Judges; to provide for compensa tion for senior magistrates.

SB 316. By Senators Marable of the 52nd, Newbill of the 56th, Scott of the 36th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Anno tated, relating to evaluation of schools, so as to change the standards for des ignation as "high-achieving schools".

SB 335. By Senators Taylor of the 12th, Henson of the 55th and Brown of the 26th:
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.

SB 372. By Senator Garner of the 30th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the pur chase by the state and its political subdivisions of certain goods, wares, mer chandise, and services produced by community based rehabilitation programs and training centers; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available.
SR 8. By Senators Scott of the 36th and Oliver of the 42nd:
A resolution creating the Capital Outlay for Education Task Force.
SR 44. By Senators Starr of the 44th and Robinson of the 16th:
A resolution re-creating the Joint Study Commission on Revenue Structure.

The Senate recedes from its disagreement and agrees to the House substitute to the following Bill of the Senate:

SB 278. By Senators Scott of the 36th and Henson of the 55th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to exclude certain nonrecurring costs from the defi nition of "operating costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs; to provide an effective date.

The Senate recedes from its amendments to the following Bills of the House:

2718

JOURNAL OF THE HOUSE,

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.

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.

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.

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 Senate recedes from its substitute to the following Resolution of the House:
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 Senate recedes from its substitute to the House substitute to the following Bill of the Senate:

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.

The Senate has adopted the reports of the Committees of Conference on the following Bills and Resolution of the Senate and House:

TUESDAY, MARCH 23, 1993

2719

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 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.

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.

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 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.

SR 21. By Senators Isakson of the 21st, Garner of the 30th, Cheeks of the 23rd and others:
A resolution creating the Atlanta Campaign Commission.

HB 206. By Representatives Coleman of the 142nd, Street 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.

2720

JOURNAL OF THE HOUSE,

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.

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.

SB 295. By Senator Henson of the 55th:
A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to wholesale distribution by out-of-state princi pals and the relationship between a principal and a sales representative, so as to change a definition; to provide for applicability of said article to princi pals located in this state.

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 Anno tated, 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 Offi cial 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.

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.

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 Anno tated, relating to county and municipal excise tax levies on public accommo dations 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.

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.

TUESDAY, MARCH 23, 1993

2721

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.

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.

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.

Pursuant to SR 370, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1993
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT, PROPERTY Motor vehicles; lien foreclosure affidavit; filing fee......................................................HB 321 Motor vehicles; removal or storage; required notice; derelict motor vehicles.................................................................................................,................HB 447
ABORTION Civil Rights Protection Act; enact ...................................................................................HB 716 Female's Right to Know Act; enact.................................................................................HB 602
AGREE, JACK K.; commend ............................................................................................HR 437 AGREE, RENVA SMITH
Invite to House ...................................................................................................................HR 324 Invite to House ...................................................................................................................HR 333 ACWORTH, CITY OF; corporate limits .........................................................................HB 406 AD VALOREM TAX Advertisement of certain increases ....................................................................................HB 65 Antique vehicles; valuation ...............................................................................................HB 520 Assessments; amend appeal provisions ............................................................................SB 296 Assessments; appeals to superior court; utilize county appraisal staff ......................HB 683 Assessments; change provisions regarding protest ........................................................HB 266 Assessments; increase or decrease; notice.......................................................................HB 315 Assessments; taxpayer and board of equalization disputes; arbitration ....................HB 684 Boards of assessors; certain duties......................................,............................................HB 222 Boards of equalization; assessment appeals ...................................................................HB 253 Boards of equalization; taxpayer appeals; written decisions .......................................HB 328 Boards of equalization; taxpayer appeals; written decisions .......................................HB 736 Certain reports; amend provisions ...................................................................................HB 221 Conservation use property; current use assessment........................................................HB 60
Refer to numerical index for page numbers

2726

INDEX

AD VALOREM TAX (Continued) Conservation use property; publication of reports; repeal certain advertisement provisions....................................................................................HB 66 Education; change funding to sales and use tax - CA....................................................HR 90 Enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................................................HR 240 Enterprise zones; certain tax treatment; General Assembly provide by law - CA........................................................................................................SR 206 Enterprise zones; class; General Assembly provide by local law.................................HB 434 Enterprise zones; class; General Assembly provide by local law .................................SB 166 Executions; transferees ......................................................................................................HB 563 Exempt blueberry plants...................................................................................................HB 664 Fair market value; current use property; timber...........................................................HB 906 Fair market value of property; define .............................................................................HB 175 Farm equipment; General Assembly provide by law - CA ..........................................HR 609 Governmental entities; millage rate; advertisement; hearing ......................................HB 554 Heavy-duty construction equipment; nonresidents.......................................................HB 547 Homestead exemption; waiver ..........................................................................................HB 835 Hospital authorities; real property; taxation and zoning .............................................HB 674 Intangible personal property; confidentiality of tax digest; exceptions............................................................................................................HB 267 Intangible personal property; include computer software............................................HB 350 Intangible tax; computer software ...................................................................................HB 398 Joint board of tax assessors; certain counties; repeal Act creating ............................HB 277 Litigation; interest on refunds..........................................................................................HB 303 Local governments; certain expenditures and certain tax increases; General Assembly limit by law - CA...........................................................HR 89 Local governments; exempt property used for economic development - CA............HR 132 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Mobile homes; classification............................................................................................HB 1140 Mobile homes; transporting to another county; decal ..................................................HB 561 Mobile homes; transporting to another county; decal ...................................................SB 209 Motor vehicle sales; exempt sales tax; impose ad valorem tax ...................................HB 799 Motor vehicles; return for taxation; amend provisions.................................................HB 229 Payment by credit card .....................................................................................................HB 513 Property; remittance of certain abandoned property; recognize certain American Indian tribes.....................................................................................HB 265 Recreational personal property; taxable situs ................................................................HB 478 Refunds; sales price less than assessed value.................................................................HB 616 Regional industrial park development; counties and municipalities share ad valorem tax proceeds - CA...................................................SR 203 School property tax digest; boards of arbitrators............................................................HB 62 State levy; increase - CA...................................................................................................HR 243 Tax amnesty; amend provisions .........................................................................................SB 139 Tax assessment; change provisions regarding protest...................................................HB 266 Tax assessor serving as property appraiser; prohibit in certain counties...............................................................................................................HB 493 Tax collectors and tax commissioners; minimum salary ...............................................SB 282 Tax digests; arbitration or appeal of assessments; examination .................................HB 309 Tax information; confidentiality ......................................................................................HB 270 Taxpayer Bill of Rights; enact............................................................................................HB 87 Transfer of execution; assessment appeals; homestead exemption waiver.................SB 125 Unimproved state owned real property; grants; eligibility ...........................................SB 202 Unpaid taxes; final settlement period .............................................................................HB 567
ADAMS, MS. IVY; invite to House .................................................................................HR 289
ADJOURNMENT Adjourn 1/15/93; reconvene 2/1/93......................................................................................HR 8

Refer to numerical index for page numbers

INDEX

2727

ADJOURNMENT (Continued) Adjourn 2/12/93; reconvene 2/15/93 .................................................................................SR 160 Adjourn 2/19/93; reconvene 2/22/93 ................................................................................HR 323 Adjourn 2/26/93; reconvene 3/1/93 ...................................................................................SR 225 Adjourn 3/5/93; reconvene 3/8/93 ....................................................................................HR 424 Adjourn 3/10/93; reconvene 3/15/93.................................................................................SR 276 Adjourn 3/17/93; reconvene 3/22/93.................................................................................SR 327 Adjourn sine die 3/23/93 ...................................................................................................HR 541 Adjourn sine die; amend HR 541.....................................................................................HR 610 Adjourn sine die; amend HR 610......................................................................................SR 370
ADMINISTRATIVE PROCEDURE Human Resources and Medical Assistance, Departments of; licensing of health facilities; certain hearing officers................................................HB 322 Public record; state agency stationery; telephone number.............................................SB 70 State agencies; purchasing guidelines; recycled materials........................................,........SB 9 State agencies; synopsis of proposed rules; involuntary separation; job position remain open ...........................................................................SB 129 State government; urge purchase of American made goods ........................................HR 288 State purchasing; certain acquisitions; regulate.............................................................HB 851 State purchasing; State Use Council; create ...................................................................SB 372
ADMINISTRATIVE SERVICES, DEPARTMENT OF Human Resources and Medical Assistance, Departments of; licensing of health facilities; certain hearing officers................................................HB 322 Office of Treasury and Fiscal Services; create................................................................SB 162 State agencies; purchasing guidelines; recycled materials.................................................SB 9 State government; urge purchase of American made goods ........................................HR 288 State purchasing; State Use Council; create...................................................................SB 372
ADMINISTRATORS AND EXECUTORS (Also, see Wills, Trusts and Administration of Estates) Lost or destroyed will; presumption of revocability; applicability ..............................SB 256
ADOPTION; grandparent visitation rights; stepparent adoption................................HB 511
ADVERTISING Advertising of legal services; certain disclosure...........................................................HB 524 Certain disclaimer; size and type style..............................................................................HB 76 Distilled spirits; retail dealers; promote lottery..............................................................SB 206 Education, State Board; hearings; notices.........................................................................SB 45 False advertising; certain cable television transmission; prohibit...............................HB 796 Open meetings; notice; certain legal organs ...................................................................HB 600 Outdoor advertising; Transportation Department decision; judicial review..................................................................................................................HB 308 Professional counseling, social work, and marriage and family therapy; definitions; licensing requirements................................................................SB 137
"AFRICAN AMERICAN BUSINESS ENTERPRISE DAY" Proclaim February 11, 1993 ..............................................................................................HR 212
AGED (See Elderly)
AGENCIES (See Named Agency or State Government)
AGRICULTURE Ad valorem tax; exempt blueberry plants ......................................................................HB 664 Agricultural or aquacultural perishable products; action for disparagement ...........................................................................................................HB 124 Agrirama; designate as "Georgia's Living History Museum"......................................HB 890

Refer to numerical index for page numbers

2728

INDEX

AGRICULTURE (Continued) Commercial drivers' licenses; agricultural industry.......................................................HB 759 Commercial feed program; fees........................................................................................HB 721 Department of; assist United States Department of Agriculture in product inspection.............................................................................................................SB 18 Employees' Retirement; certain agricultural commodity commission employees; service credit...............................................................................................HB 959 Excise tax; tobacco products other than cigars and cigarettes....................................HB 681 Honey Price Support Program; urge Agriculture Secretary and Congress support............................................................................................................HR 410 Horticultural Growing Media Act; enact........................................................................HB 421 International trade agreements affecting peanut farmers; urge caution....................HR 131 Irrigation contractors; licensing........................................................................................HB 516 Prompt payment for produce; certificate of receipt......................................................HB 341 Sales and use tax; definitions; farm equipment repair.................................................HB 749 Sales and use tax; fabrication; exempt routine repair of farm equipment..................HB 74 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 693 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 786 Security interest in future crops; sharecropper's portion...............................................HB 73 Security interests; perfected production loans.................................................................HB 75 Smoking in chamber of House of Representatives; urge limitations............................HR 17 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; prohibitions...............................................................................HB 3 Tobacco; excise tax on cigarettes; increase...................................................................HB 1007 Tobacco products; possession by minor; licensing of vendors; free samples......................................................................................................................SB 222 Tobacco products; possession by minor under age 18..................................................HB 638 Tractors, farm equipment, heavy equipment, and motor vehicles; regulation of distribution...............................................................................................HB 454 Weights and measures; scales and mechanics; registration fees..................................HB 722
AIR POLLUTION Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Global warming and air pollution; relative to.................................................................SR 173 Motor vehicle emission inspections; extend to all counties.........................................HB 623 Odor-causing chemicals; limitations ................................................................................HB 178 Pollution Prevention Assistance Division; establish......................................................SB 200 Solid waste management; requirements for service reduction and recycling....................................................................................................................HB 367
AIRLINES AND AIRPORTS (See Aviation)
ALBANY, CITY OF "City of Champions"; commend; urge future basketball tournaments be held there............................................................................................HR 501
ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcoholic beverage sales by coliseum authorities...........................................................HB 131 Alcoholic beverage sales by coliseum authorities .............................................................SB 14 Alcoholic beverage sales for consumption at gasoline retail outlets; prohibit...............................................................................................................HB 202 Alcoholic beverage sales; hotels; in-room service...........................................................HB 912 Alcoholic beverage sales; polling place prohibition; exception....................................HB 182 Alcoholic beverages; prohibit open container in possession of front-seat passenger in motor vehicle......................................................................SB 128 Certain intoxicating liquors; prohibit delivery in state - CA.......................................HR 179

Refer to numerical index for page numbers

INDEX

2729

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Clinical nurse specialist in psychiatric/mental health; provisions ...............................SB 312 Distilled spirits; retail dealers; promote lottery ..............................................................SB 206 Distilled spirits; unpaid taxes; prohibit sales or possession.........................................HB 552 Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use ...........................................................................SB 109 Driver's license; administrative suspension for driving under the influence; first offense....................................................................................SB 27 Driver's license suspension; additional drug related crimes; provisions .......................................................................................................................HB 1000 Driving under the influence; breath testing machine; components ............................HB 798 Driving under the influence; chemical test; arresting officer .......................................SB 163 Driving under the influence; chemical test; information required from arresting officer ...................................................................................HB 1073 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program..........................HB 24 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307 Driving under the influence; nolo contendere plea; proof of completing DUI Alcohol or Drug Use Risk Reduction Program........................HB 475 Driving under the influence; persons under age 21; alcohol concentration level..........................................................................................................HB 622 Driving under the influence; persons under age 21; license suspension ....................HB 647 Driving under the influence; prohibit possession by convicted person......................HB 382 Driving under the influence; solicitation for clinic or program; prohibitions.....................................................................................................HB 508 Driving under the influence; third or subsequent conviction; publication....................................................................................................SB 119 DUI Alcohol or Drug Use Risk Reduction Programs; regulate ...................................HB 477 Firearms; prohibitions.....................................................................,...................................SB 121 Health and mental health; amend provisions ...................................................................SB 49 Ignition interlock device; condition of probation for driving under the influence ...........................................................................................................SB 28 Malt beverages; home production; amount per year..............................,......................HB 197 Mental health, mental retardation, and substance abuse programs; provision of services; revise ...........................................................................................HB 100 Motor vehicle insurance; prohibit surcharge; driver clinic attendance ......................HB 823 North Georgia Mountains Authority; members; authorizations..................................HB 651 Nude dancing; regulation; General Assembly authorize by law - CA........................HR 178 Prisons; furnishing certain items to prisoners prohibited; exception...........................HB 29 Revenue Department; enforcement officer; retain weapon or badge on retirement.......................................................................................................HB 311 School bus drivers; drug and alcohol testing..................................................................HB 372 State parks; certain facilities and services; taxation .....................................................HB 954 Sunday sales during certain hours; consumption on premises.....................................SB 314 Tax payments; refund or credit; delivery of wine by wholesalers ..............................HB 551 Testing; Georgia Bureau of Investigation laboratories .................................................HB 838 Wine; deliveries in vehicles owned by dealer's employees...........................................HB 699 Workers' compensation insurance; premium reduction; drug-free workplace........................................................................................................HB 811
ALIMONY AND CHILD SUPPORT Alimony; adultery or desertion of party; disqualification ............................................HB 373 Child support; certain employers; report hiring and rehiring of certain employees.........................................................................................................HB 89 Child support; certain unemployed parents; job training............................................HB 455

Refer to numerical index for page numbers

2730

INDEX

ALIMONY AND CHILD SUPPORT (Continued) Child support; certain unemployment; job training......................................................HB 579 Child support; computation..............................................................................................HB 577 Child support; income deduction orders.........................................................................HB 261 Child support; net income.................................................................................................HB 642 Cohabitation as grounds for modification ......................................................................HB 110 Cohabitation as grounds for revision................................................................................SB 277 Domestic relations; certain actions; seminar.....................................................................SB 63 Domestic relations; define actions....................................................................................HB 679 Modification of alimony or child support; nonresident jurisdiction...........................HB 576 Paternity determination; genetic testing; child support................................................SB 148
ALLISON, H. B. "BARD"; commend.............................................................................HR 570
ALMA, CITY OF; mayor and council; election districts...............................................HB 550
ALPHA ZETA CHAPTER OF CHI PHI FRATERNITY AT WEST GEORGIA COLLEGE; commend ..................................................................HR 604
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN ASSOCIATION OF RETIRED PERSONS Declare AARP Day at Capitol..........................................................................................HR 190
AMERICAN BUSINESS WOMEN'S ASSOCIATION Georgia chapters; commend ..............................................................................................HR 284
AMERICUS, CITY OF Board of education; reconstitute ......................................................................................HB 468 Council districts..................................................................................................................HB 466 Disposition of property.........................................................................................................SR 64
AMUSEMENTS Coin operated amusement machines; license fee...........................................................HB 788 Coin operated amusement machines; licensing; exemption .........................................HB 263 Coin operated amusement machines; repeal sales tax exemption and licensure provisions.............................................................................HB 800 Sales and use tax; increase one percent; education funding........................................HB 613
ANATOMICAL GIFT ACT; representative ad litem; provisions............................HB 1075
ANCHORS, BEATRICE WATSON; commend...........................................................HR 175
ANIMALS Animal Protection Act; veterinarians as pet dealers or kennel.....................................HB 52 Bears; certain killing authorized ......................................................................................HB 112 Bears constituting threat; removal; ranger; retain weapon and badge .......................SB 306 Hartsfield Atlanta International Airport; urge designation of import and export equine facility ...........................................................................HR 433 Hunting bears; increase bag limit ....................................................................................HB 285 Hunting does in certain counties; prohibit.....................................................................HB 245 Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Pari-mutuel wagering; General Assembly regulate by law - CA .................................HR 606 Uniform rules of the road; riding horse on roadway after dark; penalty ....................HB 27 Veterinarians and animal boarders; disposal or sale of animals; notice .....................SB 130 Veterinarians; surgery and invasive procedures; repeal limitation................................SB 15 Veterinary medicine; nonsurgical transfer of embryos...................................................HB 63
ANTIOCH EAST BAPTIST CHURCH OF ATLANTA; commend....................HR 631

Refer to numerical index for page numbers

INDEX

2731

APPEAL AND ERROR Civil proceedings in magistrate courts; amend provisions...........................................HB 327 Court reporting; amend provisions ..................................................................................HB 489 Cross appeal by defendant................................................................................................HB 109 Motion for new trial; time extension..................................................................................SB 33
APPEALS, COURT OF Election of judges ...............................................................................................................HB 136 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges.................................................................................HR 5
APPLING COUNTY Board of commissioners; districts ..................................................................................HB 1138 Board of education; districts...........................................................................................HB 1139 Brunswick Judicial Circuit; judges and district attorney; supplement....................HB 1115
APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; authorize Governor to reduce - CA.......................................................HR 94 Appropriations bills; amendments or substitutes; printing requirement...................HB 307 Bills or resolutions requiring expenditure of funds by local governments; fiscal note - CA...............................................................................HR 58 Bills raising revenue; approval by voters - CA................................................................HR 12 Board of Regents; limitations upon appropriations - CA............................................HR 555 Budgetary Accountability and Planning Act; Budgetary Responsibility Oversight Committee; Fair and Open Grants Act ...........................SB 335 Budgetary processes; amend provisions..........................................................................HB 923 Budgetary Responsibility Act of 1993; enact...................................................................HB 41 Budget estimates; five-year plans; Agency Review Act; enact.........................................SB 5 Education Department; five-year budget Act - CA ......................................................HR 103 Fair and Open Grants Act of 1993; enact.........................................................................HB 18 Fair and Open Grants Act of 1993; enact.........................................................................HB 36 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report...................................................................................................................HB 427 General appropriations; conference committee report; requirements ........................HB 646 General appropriations; FY 1993-94................................................................................HB 259^" General bills raising revenue; two-thirds vote required - CA........................................HR 92 General bills raising revenue; two-thirds vote required - CA........................................HR 95 General bills raising revenue; two-thirds vote required - CA......................................HR 193 Office of Planning and Budget; annual continuation budget report; provisions.............................................................................................................SB 188 Outdoor luminaries; expenditure for installation; restrictions....................................HB 207 Property; proposed state acquisitions and leases; reports ................................................SB 8 State budgetary processes; amend provisions................................................................HB 923 Supplemental appropriations; FY 1992-93.......................................................................HB 86 Supplemental appropriations; FY 1992-93.....................................................................HB 104 Supplemental appropriations; FY 1992-93.....................................................................HB 121 Supplemental appropriations; FY 1992-93.....................................................................HB 177 Supplemental appropriations; FY 1992-93; Department of Labor.............................HB 349 Supplemental appropriations; FY 1993-94.....................................................................HB 105
ARBOR DAY IN GEORGIA; commend........................................................................HR 302
ARCHIVES Georgia Historic Preservation Study Commission; create ...........................................HR 441 Historical Records Advisory Board; create......................................................................SB 271 Unclaimed historic property; disposition; provisions....................................................HB 329
ARKANSAW, TIM; commend..........................................................................................HR 153

Refer to numerical index for page numbers

2732

INDEX

ARRESTS Courts; civil contempt arrest orders; Georgia Crime Information Center network ..........................,............................................................HB 1119 Criminal procedure; commitment hearings; provisions .............................,..................HB 325 Law enforcement officers; communicable diseases; threat of transmission ................................................................................................................HB 162 Law enforcement officers; transportation of arrested person; jurisdiction.......................................................................................................................HB 107 Municipal law enforcement officers; transporting prisoners; provisions .........................................................................................................................HB 150 Private security guard; arrest powers...............................................................................SB 287
ARTS "Georgia"; designate official state poem.........................................................................HB 783 "Jekyll Island Musical Theatre Festival"; designate official state musical theatre.......................................................................................................SB 371 Music Hall of Fame Authority; members; compensation.............................................HB 885 Public events; handicapped seating; provisions ...........................................................HB 1155
ASSAULT OR BATTERY Contributing to delinquency of minor; violent crimes; penalties................................HB 533
ATHENS, CITY OF Athens-Clarke County; board of elections and registration; create............................HB 735 Athens-Clarke County; commission districts....................................................................HB 11 Athens-Clarke County; juvenile intake and probation services; transfer ...........................................................................................................HB 1043
ATHLETE AGENTS; definitions; registration provisions ...........................................HB 462
ATKINSON COUNTY; board of education; reconstitute ...........................................HB 673
ATLANTA ATHLETIC CLUB; commend...................................................................HR 491
ATLANTA CHAPTER OF THE NATIONAL BLACK MBA ASSOCIATION; commend............................................................................................HR 404
ATLANTA, CITY OF Certain state property; authorize rental agreement.......................................................SR 153 Charter Review Commission; create ................................................................................HR 197 Council; amend provisions.................................................................................................SB 321 Council districts ..................................................................................................................HB 504 Council districts ..................................................................................................................HB 947 Hartsfield Atlanta International Airport; urge designation of import and export equine facility ...........................................................................HR 433 Metropolitan Atlanta Olympic Games Overview Committee; create ...........................HR 63 Municipal court; fines........................................................................................................HB 790 Termination of Amendment to Leases; Consolidated Atlanta Properties, Ltd. (CAPCO)..............................................................................................SR 119 Traffic court; fines..............................................................................................................HB 836
ATLANTA JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 809 District attorney's office; compensation..........................................................................HB 279
ATTORNEY GENERAL Bad check diversion program; establish........................................................................HB 1148 Constitutional officers; employment of private legal counsel......................................HB 819 Employment of private counsel........................................................................................HB 101 State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740

Refer to numerical index for page numbers

INDEX

2733

ATTORNEYS Advertising of legal services; certain disclosure .............................................................HB 524 Attorney General; employment of private counsel........................................................HB 101 Child Advocacy Act; enact ................................................................................................HB 529 Constitutional officers; employment of private legal counsel......................................HB 819 Courts; certain judicial and county officials; legal counsel........................................HB 1122 Covenants running with the land; continuation requirement......................................HB 556 Covenants running with the land; repeal certain search requirement .......................HB 974 Criminal proceedings; third-year law students as assistants .......................................HB 190 Representing local government; service as part-time judge..........................................SB 120 Senior judge; repeal prohibition against practicing law or holding public office..................................................................................................HB 148 Sheriffs; legal defense; provisions.....................................................................................HB 343 State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740
AUCTIONEERS Pawnbrokers; motor vehicle sales at auction; license ...................................................HB 943 Regulation; amend provisions...........................................................................................HB 826
AUDITS AND AUDITORS Audits of insurers; additional requirements...................................................................HB 126 Budgetary Accountability and Planning Act; Budgetary Responsibility Oversight Committee; Fair and Open Grants Act...........................SB 335 Budgetary Responsibility Act of 1993; enact...................................................................HB 41 Budget estimates; five-year plans; Agency Review Act; enact .........................................SB 5 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report...................................................................................................................HB 427 Local governments; financial audits; expenditure level................................................HB 137 State auditor; nomination and election; provide...........................................................HR 427
AUGUSTA ALUMNAE CHAPTER OF THE DELTA SIGMA THETA SORORITY; invite members to House........................................................HR 254
AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; amend provisions..........................HB 843 Augusta-Richmond County Commission-Council; provisions....................................HB 1012 Repeal charter; referendum.............................................................................................HB 1011
AUGUSTA JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 957 Judges; Burke County supplement..................................................................................HB 946 Judges; Burke County supplement................................................................................HB 1022 Judges; Columbia County supplement..........................................................................HB 1023 Judges; Columbia County supplement.............................................................................SB 254 Judges; Richmond County supplement.........................................................................HB 1095
AUSTELL, CITY OF Homestead exemption; municipal taxes...........................................................................SB 354 Mayor and council; amend provisions..............................................................................SB 284 Mayor or council; residence ...............................................................................................SB 338
AUSTIN, RICHARD M.; commend................................................................................HR 629
AUTHORITIES Alcoholic beverages; sales by coliseum authorities........................................................HB 131 Alcoholic beverages; sales by coliseum authorities...........................................................SB 14 Coastal Area Games Authority; create.............................................................................SB 145

Refer to numerical index for page numbers

2734

INDEX

AUTHORITIES (Continued) Emergency "911" system; joint authorities; military bases .........................................HB 719 Employees' Retirement; certain hospital authorities; service credit ..........................HB 807 Employees' Retirement; Georgia Music Hall of Fame Authority employees.......................................................................................................HB 632 Excise tax; certain food service establishments.............................................................HB 578 Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; amend provisions....................................................................................HB 700 Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; relative to ................................................................................................HR 402 Georgia Building Authority; method of borrowing money...........................................HB 161 Georgia Ports Authority; police powers ........................................................................HB 1136 Hospital authorities; merger; provisions; open records and meetings........................HB 689 Hospital authorities; payment for services in certain counties; limitations .......................................................................................................HB 256 Hospital authorities; real property; taxation and zoning .............................................HB 674 Hospital authorities; state grants; public health purposes...........................................HB 183 Housing and Finance Authority; amend; Hospital Financing Authority; repeal.............................................................................................................HB 142 Housing authorities; commissioners and resident commissioners...............................HB 238 Housing authorities; investments; bonds .........................................................................SB 201 Jekyll Island--State Park Authority; limit fee increases.............................................HB 518 Jekyll Island--State Park Authority; membership.......................................................HB 517 Jekyll Island--State Park Authority; restrict certain activities..................................HB 519 MARTA; definition of operating costs; exclusions.........................................................SB 278 Music Hall of Fame Authority; members; compensation.............................................HB 885 North Georgia Mountains Authority; members; authorizations..................................HB 651 Olympics; urge committees to seek advice of green industry.........................................SR 11 Open records; exempt certain medical facility...............................................................HB 336 State authorities; private participation; Upper Savannah River Development Authority; amend provisions......................................................HB 941 State parks; certain facilities and services; taxation .....................................................HB 954 State Tollway Authority; change name; amend provisions...........................................SB 328 State Tollway Authority; property; toll provisions; penalties ........................................SB 91 Superior Court Clerks' Cooperative Authority; create..................................................HB 243 Upper Savannah River Development Authority; amend provisions............................SB 342
AVIATION Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Certain carriers, major components, and replacement parts; sales tax exemption ........................................................................................................HB 176 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Fulton County; commercial use of certain airport; referendum...................................SB 351 Hartsfield Atlanta International Airport; urge designation of import and export equine facility ...........................................................................HR 433 Museums; hotel and motel tax.........................................................................................HB 346 Special purpose sales tax; aviation projects ...................................................................HB 727
AYERS, HERMAN POOLE; commend .........................................................................HR 575

B

BACON, BRETT; condolences ..........................................................................................HR 217 BACON, HAROLD; commend............................................................................................HR 31
Refer to numerical index for page numbers

INDEX

2735

BACONTON, CITY OF Council district8..................................................................................................................HB 899 Mayor and council; terms..................................................................................................HB 289
BAIL Bail bond business; repeal certain prohibition ............................................................HB 1099 Bail bonds; sureties approval board ..................................................................................HB 50 Criminal procedure; commitment hearings; provisions ................................................HB 325 Driver's license forfeiture by failure to appear; reinstatement fees .............................HB 28 Forfeiture; bad check prosecution in magistrate courts ...............................................HB 326 Stalking and aggravated stalking; define offenses; conditions for pretrial release .........................................................................................HB 37 Stalking and aggravated stalking; define offenses; conditions for pretrial release ..........................................................................................SB 13
BAILEY, BONNIE;commend..........................................................................................HR 559
BAILEY, HONORABLE GERALDINE; commend ..................................................HR 558
BAKER COUNTY; board of education; compensation ..............................................HB 1004
BALDWIN COUNTY Board of commissioners; districts ....................................................................................HB 961 Board of education; districts.............................................................................................HB 960 Convey property..................................................................................................................HR 122 Grant easement ...................................................................................................................HR 125 Magistrate court; chief magistrate ....................................................................................SB 329 Probate court judge; compensation ..................................................................................SB 319
BANKING AND FINANCE Ad valorem tax; payment by credit card........................................................................HB 513 Amend provisions; remote service terminals; safety procedures..................................SB 355 Automated teller machines; safety ...................................................................................HB 884 Bad check diversion program; Attorney General establish........................................HB 1148 Bad check issuance; postdated check; applicability ......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Bad checks; prosecution in magistrate courts; forfeiture of bonds.............................HB 326 Bad checks; time period for honoring; notice ................................................................HB 584 Corporations; officers' liability for tax penalty or interest ..........................................HB 272 Financial institutions; affiliate transfers; trust powers..................................................SB 346 Insurance; credit life or credit accident and sickness; regulations .............................HB 754 Mortgage lenders and mortgage brokers; licensing provisions .....................................SB 106 Mortgage lenders and mortgage brokers; regulation and licensure ............................HB 237 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Public funds; security interest; bank other than depository ........................................SB 359 Public school contracts; local boards; certain banks.....................................................HB 737 Regulatory burden on banks; urge Congress to reduce ..................................................HR 85 Residential Security Deed Act; enact...............................................................................SB 105 Special purpose bank or credit card bank; conditions for approval............................SB 347 Taxation; contesting assessments; levies; release of liened property..........................HB 269 Tax levy; accounts with financial institutions ...............................................................HB 275
BARBERS Barbershops; licensing provision; apprentices..............................................................HB 1114 Mobile barbershops; regulate............................................................................................HB 354
BARNESVILLE, CITY OF; amend provisions...........................................................TM 1060
BARNETTE, SAMUEL MONROE; commend ...........................................................HR 354

Refer to numerical index for page numbers

2736

INDEX

BARROW COUNTY; grant easement.............................................................................HR 168
BARRY, MALEIA;commend.............................................................................................HR 46
BARRY, REGINALD, SALLY DUNN, DON TUCKER, AND ZACK WADE; invite to House ......................................................................................HR 327
BARTON, TOM; commend................................................................................................HR 545
BARTOW COUNTY Board of elections and registration; create...................................................................HB 1056 Convey property..................................................................................................................HR 122 Convey property..................................................................................................................HR 357
BATTEY, DR. LOUIS L.; commend ..............................................................................HR 114
BAZEMORE, HAWLEY T.; condolences.......................................................................HR 520
BEER (See Alcoholic Beverages and Alcoholism)
BELLAMY, WALT "BELLS" Commend .............................................................................................................................HR 275 Invite to House ...................................................................................................................HR 390
BENEFIELD, CARRIE Commend ...............................................................................................................................HR 36 Conunend...............................................................................................................................HR 37
BEVERAGE CONTAINERS Multiple beverage containers; certain nonbiodegradable packaging; prohibit.........................................................................................................HB 203 Nonreturnable beverage containers; prohibitions..........................................................HB 369
BIBB COUNTY Board of education; school tax.......................................................................................HB 1018 Convey property ..................................................................................................................SR 233 State court; additional assistant solicitor .......................................................................HB 413
BICYCLES Children as passengers; helmet requirements; persons under age 16..............................SB 7 Cycling on roadways; exceptions to right side requirement ........................................HB 827 Jester's Creek Bicycle Trail in Clayton County; support development.....................HR 348
BIGELOW, CHIEF DEPUTY DON; commend..........................................................HR 188
BIGGS, GREGORY GRAY AND KAREL LEA MEYER; commend..................HR 394
BINGO Prizes; maximum amount...................................................................................................SB 114 Recreational bingo; provisions ..........................................................................................HB 174 Recreational bingo; provisions.............................................................................................SB 24
BLACKSHEAR, CITY OF; new charter........................................................................HB 399
BLAKELY, CITY OF; commend .....................................................................................HR 534
BLASTING Blasters; licensing provisions ............................................................................................HB 866 Blasting on property adjacent to residential property; quarries.................................HB 973
BLIND PERSONS Blind Persons' Literacy Rights and Education Act; enact ..........................................HB 492 Handicapped parking violations; penalties.......................................................................HB 94 Handicapped persons; public facilities; accessibility.....................................................HB 865

Refer to numerical index for page numbers

INDEX

2737

BLIND PERSONS (Continued) Private residences; physically handicapped access......................................................HB 1154 Public events; handicapped seating; provisions ...........................................................HB 1155
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA American sign language; urge foreign language credit...................................................SR 128 Faculty development initiatives in gerontology and geriatrics fields; urge..........................................................,...........................................HR 126 Four-year college in Gordon County; appoint committee to study need ....................HR 60 Full-time employees; urge tuition remission ..................................................................HR 388 Kennesaw State College; urge expansion of graduate level programs in education ...................................................................................................HR 347 Limitations upon appropriations - CA............................................................................HR 555 Limit certain appropriations........................................................,..................................HB 1149 Unclaimed historic property; disposition; provisions....................................................HB 329 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create..........HR 117 Urge promotion of black colleges to university status....................................................HR 57
BOATS Ad valorem tax; taxable situs ...........................................................................................HB 478 Boat Safety Act; registration decals; restrictions on Chattahoochee River .........................................................................................................SB 16 Certain carriers, major components, and replacement parts; sales tax exemption ........................................................................................................HB 176 Gambling on "voyages to nowhere"; prohibit ................................................................HB 898 High Falls Lake; dock permits .........................................................................................HB 195 Houseboats; prohibit on certain lakes .............................................................................HB 695 Waste disposal; marine toilets on Lake Blue Ridge; prohibitions..............................HB 528
BOBBY JONES CROSSWALK; designate...................................................................SR 231
BOILER AND PRESSURE VESSEL SAFETY ACT Certain air storage tanks; exception ..................................................................................HB 39
BONDS Bail bond business; repeal certain prohibition ............................................................HB 1099 Bail bonds; sureties approval board ..................................................................................HB 50 Beauty pageants; amend provisions.................................................................................HB 965 Construction contractors; payment bonds or security deposits...................................HB 545 Criminal procedure; commitment hearings; provisions ................................................HB 325 Forfeiture; bad check prosecution in magistrate courts ...............................................HB 326 Housing authorities; investments.............................................................,........................SB 201 Public contractors; notice of commencement requirements ........................................HB 543 Public funds; security interest; bank other than depository ........................................SB 359 Revenue bonds; telecommunications systems; provisions ..........................................HB 1145 State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740
BONNER, TIMOTHY "TIM" K.; condolences ............................................................HR 605
BOUNDARIES; minimum distance between municipalities; exception.....................HB 605
BOWDON HIGH SCHOOL FOOTBALL TEAM; invite to House .........................HR 98
BOYNTON, RICKY LEE; compensate ............................................................................HR 78
BRANTLEY COUNTY; sheriff and chief magistrate; compensation......................HB 1010
BRANTLEY COUNTY HERON PRIDE BAND; commend..................................HR 585
BRAY, ANN IRWIN; condolences...................................................................................HR 343

Refer to numerical index for page numbers

2738

INDEX

BREEDLOVE, WILLIAM HENRY; commend...........................................................HR 205
BREMEN, CITY OF; commend school system..................................................................HR 9
BRIDGES, JAMES A.; commend....................................................................................HR 136
BRIGLEVICH, ROSE, M. D.; commend .......................................................................HR 430
BROOKS COUNTY; state court; create .........................................................................HB 958
BROOKS, MARCUS RAMON; commend ....................................................................HR 537
BRUNSWICK JUDICIAL CIRCUIT Judges and district attorney; Appling County supplement .......................................HB 1115 Judges and district attorney; Jeff Davis County supplement ...................................HB 1117 Judges; Wayne County supplement...............................................................................HB 1040
BRYAN, LOIS STRINGER; commend .........................................................................HR 396
BRYANT, CAROLINE HART Commend .............................................................................................................................HR 110 Commend.............................................................................................................................HR 158
BUCKNER, HONORABLE GAIL; communications ...............................................Page 361
BUDGET (See Appropriations and Fiscal Affairs)
BUILDINGS AND HOUSING Building codes; extensively revise provisions .................................................................HB 505 Building codes; state minimum standards; converted railroad cars...........................HB 939 Counties or municipalities; fair rent commission; create ...............................................HB 98 Covenants running with the land; planned subdivision amendments......................HB 1112 Food service establishment; nonsmoking area...............................................................HB 791 Handicapped persons; private residence accessibility...................................................HB 812 Handicapped persons; public facilities; accessibility.....................................................HB 865 Home improvement loans; security instrument; provisions.........................................HB 694 Home inspectors; definition; provisions...........................................................................SB 143 Housing authorities; commissioners and resident commissioners...............................HB 238 Housing authorities; investments; bonds .........................................................................SB 201 Private residences; physically handicapped access......................................................HB 1154 Schools; standard building plans; State Board of Education compile .......................HB 460 State Housing Trust Fund for the Homeless Commission; amend provisions ............................................................................................................HB 293
BULLOCH COUNTY Board of education; reconstitute ......................................................................................HB 908 Convey property ..................................................................................................................SR 200
BURKE COUNTY Augusta Judicial Circuit; judges; supplement................................................................HB 946 Augusta Judicial Circuit; judges; supplement ..............................................................HB 1022 Coroner; compensation.......................................................................................................HB 458 Grant easement....................................................................................................................SR 122
BURNETT, GRADY F., SR.; condolences.....................................................................HR 248
BURTON, DR. GLENN W.; invite to House ................................................................HR 372
BUSHMEN, THE; commend.............................................................................................HR 584
BUSINESS AND OCCUPATION TAX Comprehensive revision.....................................................................................................HB 362

Refer to numerical index for page numbers

INDEX

2739

BUSINESS AND OCCUPATION TAX (Continued) Income tax credit; child care or dependent care expenses...........................................HB 438 Practitioner's office; certain contractors.........................................................................HB 154
BUTTS COUNTY Advisory referendum...........................................................................................................SB 327 Repeal certain property conveyance..................................................................................HR 49
BYNE LADY SAINTS BASKETBALL TEAM; commend ...................................HR 597
BYRD, J. D.; commend .......................................................................................................HR 510
BYRD, LT. WILLIAM ZACK; commend .....................................................................HR 601

CALHOUN, CITY OF Annual appropriation to Winner's Club of Calhoun, Inc...........................................HB 1069 Homestead exemption; certain residents........................................................................HB 970
CALHOUN COUNTY; convey property..........................................................................SR 118
CAMDEN COUNTY Board of commissioners; election...............................................,...................................HB 1146 Board of commissioners; reapportionment.....................................................................HB 815 Board of education; reapportion ......................................................................................HB 813
CAMDEN COUNTY HIGH SCHOOL Gifted students and teachers; commend.........................................................................HR 151 Op-Ed Program; commend................................................................................................HR 218
CAMP, HERBERT PRESTON, SR.; commend..........................................................HR 405
CAMP, RANDOLPH W.; commend................................................................................HR 630
CAMPAIGN AND FINANCIAL DISCLOSURE Code of Fair Campaign Practices; provisions.................................................................HB 469 Code of Fair Campaign Practices; provisions.................................................................HB 977 Disclosure reports; late filing fee......................................................................................HB 171 Elections; amend provisions.........,....................................................................................HB 297 Financial disclosure; amend provisions...........................................................................HB 766 Financial disclosure statements; public officers.............................................................HB 644 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions........................................................................................HB 760 Lobbyist disclosure reports; requirement.......................................................................HB 432 Political action committees; connected organization ....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151
CAMPBELL, DAVID L.; commend................................................................................HR 523
CAMPBELL HIGH SCHOOL Winning team in state-wide Stock Market Game; commend......................................HR 376
CANDIDATES Campaign contributions; disclosure reports; late filing fee..........................................HB 171 Code of ethics......................................................................................................................HB 598 Code of Fair Campaign Practices; provisions.................................................................HB 469 Code of Fair Campaign Practices; provisions.................................................................HB 977
Refer to numerical index for page numbers

2740

INDEX

CANDIDATES (Continued) Elections; amend provisions..............................................................................................HB 297 Elections; amend provisions..............................................................................................HB 802 Elections; campaign activities at polling place; restrictions.........................................HB 125 Elections; delivery of returns............................................................................................HB 396 Elections; majority vote; exception for federal office .....................................................HB 54 Elections; notice of certain federal candidacy; ballot ...................................................HB 494 Elections; prohibited activities; posting notice at polling place..................................HB 370 Financial disclosure; amend provisions ...........................................................................HB 766 Financial disclosure statements; public officeis.............................................................HB 644 General Assembly and elected state officials; term limitations - CA..............................SR 5 General Assembly members; fees or honoraria ..............................................................HB 448 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions........................................................................................HB 760 Lobbyist disclosure reports; requirement .......................................................................HB 432 Nomination and qualifying petitions; amend provisions..............................................HB 606 Nonpartisan elections; certain officials; straight party voting .....................................SB 283 Political action committees; connected organization....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151 Presidential preference primary; amend provisions......................................................HB 897 Registrars; nomination or election to office ...................................................................HB 304 Special elections; vacancies in office................................................................................HB 189 Superior court judges; nonpartisan elections; plurality; ballots ................................HB 1026 U. S. senators and representatives from Georgia, General Assembly, and elected state officials; term limitations - CA.....................................HR 11 U. S. senators and representatives from Georgia; term limitations............................HB 331 Withdrawal at general election; provisions.....................................................................HB 609 Withdrawal of nominated candidate...............................................................................HB 376
CANDLEB COUNTY Board of education; reconstitute..........................................................................................HB 7 Metter-Candler County Charter Commission; create...................................................HB 910
CANTRELL, MADISON EMILY; commend ..............................................................HR 546
CAPTAIN SAMUEL BUTTS CHAPTER OF THE GEORGIA SOCIETY OF THE SONS OF THE AMERICAN REVOLUTION; commend ....................................................................HR 24
CARL, TOWN OF; commend............................................................................................HR 362
CARMACK, REVEREND L. FLOYD; commend.......................................................HR 233
CARROLL COUNTY; grant easement............................................................................SR 142
CARTER, CHARLES Q.; commend................................................................................HR 616
CARTER, MARY D.; condolences.....................................................................................HR 75
CATOOSA COUNTY Board of education; reconstitute......................................................................................HB 363 Board of utilities commissioners; compensation..........................................................HB 1058 Cooperative Extension Education Center; commend staff..........................................HR 363 County manager; provisions............................................................................................HB 1061 Probate judge and superior court clerk.........................................................................HB 1057 Tax commissioner; clerical help .......................................................................................HB 935
CEMETERIES American Indians; protection of burial objects; recognize tribes................................HB 725 Monuments Protection Act; enact...................................................................................HB 553 Nonperpetual care; exempt from registration................................................................HB 641

Refer to numerical index for page numbers

INDEX

2741

CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERTIORARI Appeals; cross appeal by defendant.................................................................................HB 109 Appeals; motion for new trial; time extension..................................................................SB 33 Civil proceedings in magistrate courts; amend provisions .............,.............................HB 327
CHAMBERS, HONORABLE J. T.; commend.............................................................HR 115
CHAMBLEE, CITY OF; mayor and council; amend provisions.................................HB 388
CHAMBLEE CLEAN AND BEAUTIFUL; commend .............................................HR 462
CHAPLAINS, HOUSE OF REPRESENTATIVES Acree, Reverend A. Troy.................................................................................................Page 858 Cantrell, Reverend James C., Ill...................................................................................Page 555 Cochran, Reverend Eugene C.........................................................................................Page 985 Croft, Reverend Steven M..............................................................................................Page 298 Dyer, Reverend Tony.....................................................................................................Page 1596 Edwards, Reverend Wayne J............................................................................................Page 64 Elkins, Dr. Russ................................................................................................................Page 381 Farrington, Reverend J. C. ............................................................................................Page 1477 Granade, Reverend N. Nelson, Jr..................................................................................Page 809 Hall, Reverend Walter J.................................................................................................Page 414 Hart, Reverend Richard C............................................................................................Page 1967 Hill, Dr. Max.....................................................................................................................Page 774 Holmes, Dr. Y. Lynn......................................................................................................Page 2136 Howell, Reverend Don...................................................................................................Page 1336 Hudson, Reverend Jack R..............................................................................................Page 327 James, Reverend R. C......................................................................................................Page 348 Kirby, Dr. F. Hugh...........................................................................................................Page 118 Lawrence, Reverend Gary W..........................................................................................Page 717 Lockhart, Reverend John A............................................................................................Page 948 McAfee, Reverend Mike A............................................................................................Page 1276 McDonald, Reverend Timothy..................................:..................................................Page 1038 McKinney, Reverend Hugh ..........................................................................................Page 1818 McNeil, Reverend J. B..................................................................................................Page 1700 Morris, Reverend Carolyn W........................................................................................Page 1864 Moore, Reverend Thermon E.........................................................................................Page 159 Parker, Reverend Herman B..............................................................................................Page 1 Payne, Reverend Johnny.................................................................................................Page 443 Pittman, Reverend Gordon...........................................................................................Page 1755 Price, Dr. Nelson..............................................................................................................Page 265 Ross, Dr. Ken..................................................................................................................Page 1102 Sineath, Reverend Charles............................................................................................Page 2340 Speed, Dr. James O..........................................................................................................Page 665 Stephens, Dr. B. Wiley....................................................................................................Page 610 Suttles, Dr. William M....................................................................................................Page 516 Turner, Reverend Richard E..........................................................................................Page 881 Varnell, Reverend Richard F............................................................................................Page 83 Wade, Reverend William B., Jr.....................................................................................Page 629 Willis, Dr. Bobby D.......................................................................................................Page 1242
CHARITIES Charitable fund; paid solicitor; certified financial statement......................................HB 240 Charitable Solicitations Act; exemption..........................................................................HB 379 Insurance; fraternal benefit societies; revise provisions ...............................................HB 383 Raffles by nonprofit organizations; provisions - CA.....................................................HR 133 Raffles by nonprofit organizations; provisions - CA.....................................................HR 309

Refer to numerical index for page numbers

2742

INDEX

CHARITIES (Continued) Raffles by nonprofit organizations; provisions - CA.....................................................HR 434 Raffles by nonprofit organizations; provisions - CA......................................................SR 107
CHASTAIN, FRED; commend .........................................................................................HR 577
CHATHAM COUNTY Certain officials; compensation..........................................................................................SB 390 Chatham County Intergovernmental Council; repeal Act creating...........................HB 1133 Chief magistrate; nonpartisan election............................................................................HB 931 Coastal Area Games Authority; create.............................................................................SB 145 Convey property ..................................................................................................................SR 127 Eastern Judicial Circuit; judges; supplement...............................................................HB 1038 Grant easement....................................................................................................................SR 121 Probate judge; nonpartisan election ................................................................................HB 932 Recorder's court; chief judge.............................................................................................HB 743 Recorder's court judge; nonpartisan election .................................................................HB 933 Savannah-Chatham County Anti-Drug Commission; repeal Act creating...............HB 1098 Savannah-Chatham County Anti-Drug Commission; repeal Act creating...............HB 1123 State court judges; compensation.....................................................................................HB 657 Superior court clerk; compensation ...............................................................................HB 1083
CHATTAHOOCHEE VALLEY TRAIL SCENIC HIGHWAY; designate..........SR 232
CHECKS (Also, see Banks and Banking or Financial Institutions) Bad check diversion program; Attorney General establish........................................HB 1148 Bad check issuance; postdated check; applicability ......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Bad checks; prosecution in magistrate courts; forfeiture of bonds.............................HB 326 Bad checks; time period for honoring; notice ................................................................HB 584 Income tax; confidentiality of returns; exception..........................................................HB 273 Returned check; motor vehicle license plate; revocation..............................................HB 320 Tax information; confidentiality......................................................................................HB 270
CHEROKEE COUNTY Regional development centers; ratify certain transfer....................................................HR 64
CHERRY, WILLIAM, JR.; commend............................................................................HR 527
CHICKAMAUGA, CITY OF; board of education; election........................................HB 619
CHILD ABUSE Child Abuse Prevention Panel; change name from Child Fatality Review Panel; amend provisions....................................................................SB 234 Child molestation and aggravated child molestation; second offense; punishment.......................................................................................................HB 130 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Deprived children; disposition; certain prosecution; evidence of family violence or child abuse.......................................................................................SB 3 Evidence; report to district attorney...............................................................................HB 530 Family violence; protective orders; enforcement ...........................................................HB 680 Quality basic education; child abuse prevention education; require course ................................................................................................................HB 1064 Records; access by certain school personnel...................................................................HB 333 Reports; access; sexual abuse of minor defined..................................................................SB 2 Reports; public inspection; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined ...................................SB 1
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Amend provisions ...............................................................................................................HB 575

Refer to numerical index for page numbers

INDEX

2743

CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) (Continued) Death of custodial parent; child 14 years or older ........................................................HB 483 Deprived children; disposition; certain prosecution; evidence of family violence or child abuse ......................................................................SB 3 Domestic relations; certain actions; seminar ............................................:........................SB 63 Domestic relations; define actions....................................................................................HB 679 Family violence; protective orders; enforcement ...........................................................HB 680 Grandparent visitation rights; ex-affines grandparents................................................HB 573 Grandparent visitation rights; stepparent adoption......................................................HB 511 Juvenile proceedings; amend provisions .........................................................................HB 531 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Juveniles; probation officer; detention authority ..........................................................HB 306 Temporary award; court authorization .............................................................................HB 10 Temporary change; discretion of court; child support; certain employment records...........................................................................................SB 269
CHILD NUTRITION EMPLOYEE APPRECIATION DAY; designate ...........HR 355
CHILD SUPPORT (See Alimony and Child Support)
CHIROPRACTORS Clinical laboratories; request for examination of human specimens ..........................HB 247 Patient Self-referral Act of 1993; enact..........................................................................HB 920 Scope of practice.................................................................................................................HB 196 Scope of practice; amend provisions...................................................................................SB 61
CHRISTIAN, FLORENCE "TID" COKER; condolences ........................................HR 646
CIGARS AND CIGARETTES Excise tax; increase...........................................................................................................HB 1007 Excise tax; tobacco products other than cigars and cigarettes....................................HB 681 Food service establishment; nonsmoking area...............................................................HB 791 Revenue Department; enforcement officer; retain weapon or badge on retirement.......................................................................................................HB 311 Smoking in chamber of House of Representatives; urge limitations............................HR 17 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; prohibitions...............................................................................HB 3 Tobacco products; possession by minor; licensing of vendors; freesamples......................................................................................................................SB 222 Tobacco products; possession by minor under age 18..................................................HB 638
CITIZENS FOR ENVIRONMENTAL JUSTICE AND THEIR EMERGENCY ENVIRONMENTAL SUMMIT; commend................................HR 443
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Action for trespass or damage to realty; hazardous material ......................................HB 599 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Civil actions; medical assistance recipient; notice..........................................................SB 249 Court reporting; amend provisions ..................................................................................HB 489 Dismissal of certain actions; time.......................................................................................SB 32 Environmental Protection Division; hazardous site inventory .....................................SB 294 Expert witnesses; qualification provisions; malpractice action .................................HB 1025 Judgment liens; property possessed by purchaser for 4 years.......................................HB 72 Juries; civil actions; dollar amount ..................................................................................HB 200 Juries; civil actions; dollar amount .....................................................................................SB 62 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Sexual offenses; amend provisions...................................................................................HB 666 Transfer of actions from superior to state court .............................................................HB 43

Refer to numerical index for page numbers

2744

INDEX

CLARKE CENTRAL HIGH SCHOOL Coach Billy Henderson; invite to House.........................................................................HR 226 1992 football team; invite to House.................................................................................HR 225
CLARKE COUNTY Athens-Clarke County; board of elections and registration; create............................HB 735 Athens-Clarke County; commission districts....................................................................HB 11 Athens-Clarke County; juvenile intake and probation services; transfer ...........................................................................................................HB 1043 Board of education; districts...............................................................................................HB 12 Certain staff in district attorney's office; repeal provisions.........................................HB 453
CLAY COUNTY Board of commissioners; districts ......................................................................................HB 16 Board of education; reconstitute........................................................................................HB 15 Chief magistrate serve as superior court deputy clerk...............................................HB 1048
CLAY, WILLIE "BIG PLAY"; invite to House...........................................................HR 316
CLAYTON COUNTY Board of commissioners; chairman's compensation.......................................................SB 178 Board of commissioners; districts....................................................................................HB 830 Board of education; districts.............................................................................................HB 831 Chief magistrate; election...................................................................................................SB 221 Clayton Judicial Circuit; court reporters; compensation...............................................SB 184 Clayton Judicial Circuit; district attorney; county supplement...................................SB 181 Clayton Judicial Circuit; judges; county supplement ....................................................SB 179 Commission on Children and Youth; amend.................................................................HB 636 Deputy tax commissioner; civil service benefits.............................................................SB 218 Homestead exemption; certain residents.........................................................................SB 219 Jester's Creek Bicycle Trail in Clayton County; support development.....................HR 348 Officials and employees; retirement .................................................................................SB 220 Olympic Coordinating Committee; support; 1996 Women's Fast-Pitch Softball Event; endorse bid.......................................................................HR 149 Probate court judge; compensation ..................................................................................SB 183 School superintendent; appointment................................................................................SB 177 Sheriff; compensation .........................................................................................................SB 182 State court judges; compensation .....................................................................................SB 180 State court solicitor; compensation...................................................................................SB 185
CLAYTON COUNTY GREENWAY COUNCIL; commend...................................HR 378
CLAYTON COUNTY OLYMPIC COORDINATING COMMITTEE AND THE ATLANTA COMMITTEE FOR OLYMPIC GAMES Commend efforts to secure 1996 Olympic Women's Fast-Pitch Softball Event.................................................................................................................HR 497
CLAYTON JUDICIAL CIRCUIT Court reporters; compensation..........................................................................................SB 184 District attorney; county supplement...............................................................................SB 181 Judges; county supplement................................................................................................SB 179
CLERKS, SUPERIOR COURT Compensation......................................................................................................................HB 206 Courts; certain judicial and county officials; legal counsel........................................HB 1122 Covenants running with the land; continuation requirement......................................HB 556 Distribution of fines; priorities..........................................................................................SB 156 Elections; delivery of returns............................................................................................HB 396 Elections; delivery of voting materials.............................................................................SB 214 Federal tax liens; filing.........................................................................................................SB 85

Refer to numerical index for page numbers

INDEX

2745

CLERKS, SUPERIOR COURT (Continued) Minimum annual salaries ..................................................................................................HB 992 Payment for duties in another court.................................................................................HB 53 Retirement; increase benefits............................................................................................HB 763 Superior Court Clerks' Cooperative Authority; create..................................................HB 243 Uniform Commercial Code; amend..................................................................................HB 244
CLINCH COUNTY; convey property...............................................................................SR 118
CLINICAL LABORATORIES Examination of human specimens; request by chiropractors......................................HB 247
COATS AND CLARK PELHAM MILL; commend..................................................HR 393
COBB COUNTY Board of commissioners; certain vacancies......................................................................SB 325 Board of commissioners; vacancy.....................................................................................HB 621 Board of elections and registration; residency requirements........................................SB 392 Civil service system; board members; terms ...................................................................SB 391 Cobb County and the Cobb County Amateur Athletic Commission; commend ..................................................................................................HR 429 Cobb County Elected Officials' Compensation Review Commission; create.......................................................................................................HB 1085 Cobb-Marietta Coliseum and Exhibit Hall Authority; convention facility naming ............................................................................................HB 557 Cobb-Marietta Coliseum and Exhibit Hall Authority; members.................................SB 389 Cobb Year 2000 Commission; member selection ...........................................................HB 682 Commission on Children and Youth; amend provisions ...............................................SB 285 Convey property..................................................................................................................SR 233 Ethics; urge adoption of standards by boards, commissions, and authorities................................................................................................................HR 177 Grant easement....................................................................................................................SR 208 Homestead exemption; certain residents........................................................................HB 481 Homestead exemption; certain residents.........................................................................SB 195 Hospital authorities; payment for services; limitations................................................HB 256 Police Department's Community Oriented Police Enforcement (COPE) Program; commend .........................................................................................HR 379 Sheriff and chief investigator .........................................................................................HB 1082 South Cobb Development Authority; additional members..........................................HB 983 Stadium Authority; members ............................................................................................SB 388
COBB COUNTY ASSOCIATION OF LIBRARY MEDIA SPECIALISTS; commend..............................................................................................HR 286
COBB COUNTYWIDE CITIZENS ADVISORY COUNCIL; commend ...........HR 334
COBB EDUCATION CONSORTIUM; commend......................................................HR 138
COBB JUDICIAL CIRCUIT Add judge...............................................................................................................................HB 42 Add judge................................................................................................................................SB 31
CODE OF GEORGIA Corrections and revisions ..................................................................................................HB 145 Elections; corrections .........................................................................................................HB 146 Retirement and Pensions; corrections.............................................................................HB 144 Revenue; incorporate provisions of federal tax code.....................................................HB 218
COLEMAN, HONORABLE J. TOM; communications .................................Pages 152, 153
COLEMAN, MARCO; invite to House............................................................................HR 315

Refer to numerical index for page numbers

2746

INDEX

COLLEGES American sign language; urge foreign language credit...................................................SR 128 Board of Regents; full-time employees; urge tuition remission..................................HR 388 Board of Regents; limitations upon appropriations - CA ............................................HR 555 Board of Regents; urge promotion of black colleges to university status................................................................................................................HR 57 Four-year college in Gordon County; Board of Regents appoint committee to study need..................................................................................HR 60 Garnishment; exempt certain student loans...................................................................HB 417 Kennesaw State College; urge Board of Regents expand graduate level programs in education ..........................................................................................HR 347 Local school funds; scholarships and loans ....................................................................HB 429 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Open records; exempt certain research information.....................................................HB 522 Special license plates; additional fees; delete requirement..........................................HB 618 State public documents; responsibility of director of University of Georgia Libraries........................................................................................................HB 463 Torts; dental students; immunity .....................................................................................SB 165
COLLINS, WILMA;commend.........................................................................................HR 634
COLQUITT COUNTY Board of commissioners; districts ....................................................................................HB 774 Board of education; districts.............................................................................................HB 776
COLUMBIA COUNTY Augusta Judicial Circuit; judges; supplement..............................................................HB 1023 Augusta Judicial Circuit; judges; supplement.................................................................SB 254 Board of commissioners; districts .......................................................................................SB 22 Board of education; compensation.................................................................................HB 1037 Board of education; districts................................................................................................SB 21 Board of elections; abolish .................................................................................................SB 102 Board of elections; create .....................................................................................................SB 23 Board of elections; create ...................................................................................................SB 379 Certain officials; compensation.......................................................................................HB 1089
COLUMBUS, CITY OF Certain officials; salary supplements.............................................................................HB 1002 County-wide government; new charter............................................................................HB 634
COMMERCE AND TRADE Advertising; certain disclaimer; size and type style........................................................HB 76 Advertising of legal services; certain disclosure.............................................................HB 524 Alcoholic beverages; prohibit sale for consumption at gasoline retail outlets.....................................................................................................................HB 202 Antifreeze; prohibitions.....................................................................................................HB 209 Assistive Technology Warranty Act; enact.......................................................................HB 93 Beauty pageants; amend provisions.................................................................................HB 965 Brokerage Relationships in Real Estate Transactions Act; enact ...............................SB 227 Competitive Practices Act of 1993; enact.......................................................................HB 795 Construction contractors; payment bonds or security deposits...................................HB 545 Contracts; petroleum products; federal tax reimbursement........................................HB 797 Contracts; petroleum products; federal tax reimbursement........................................HB 891 Deceptive practices; promotions; DUI programs; confidentiality of complaints .........................................................................................SB 231 Deceptive practices; unlicensed home health services; prohibitions...........................HB 335 False advertising; certain cable television transmission; prohibit...............................HB 796 Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; amend provisions....................................................................................HB 700

Refer to numerical index for page numbers

INDEX

2747

COMMERCE AND TRADE (Continued) Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; relative to ................................................................................................HR 402 Home improvement loans; security instrument; provisions.........................................HB 694 Motor Fuel Unfair Practices Act; enact..............................................................,...........HB 769 Motor vehicles; dealer transfers; uniform procedures...................................................HB 404 Motor vehicle warranty rights; arbitrators; qualifications ...........................................HB 418 Motorized Wheelchair Warranty Act; enact......................................................................SB 11 Nonreturnable beverage containers; prohibitions..........................................................HB 369 Open records; trade secret; exemption............................................................................HB 535 Personal care home; rename adult residential care home............................................HB 848 Personal property leases; laws of state............................................................................HB 654 Principal and agent; conditional power of attorney; clarification................................SB 171 Principal and agent; revise provisions to create agency...............................................HB 515 Principal and sales representative; definitions; unfair practices against elderly or disabled; regulate ............................................................SB 295 Sales of certain goods during declared emergency; prohibit price increase...................................................................................................................HB 173 Sales tax exemption; certain industrial materials; granite...........................................HB 733 Sales tax exemption; electricity for chlor-alkali manufacturing..................................HB 592 Sales tax exemption; electricity for chlor-alkali processes...........................................HB 347 Solicitation of elderly; certain hours................................................................................HB 193 Telephone systems; statement of warranty ......................................................................HB 70 Theft; misappropriation of a trade secret; define offense............................................HB 542 Theft; misappropriation of a trade secret; define offense.............................................SB 224 Timber; sales by tonnage or pounds................................................................................HB 360 Tractors, farm equipment, heavy equipment, and motor vehicles; regulation of distribution...............................................................................................HB 454 Trademark or service mark; school boards.....................................................................HB 538 Truth in Polling Act; enact...............................................................................................HB 934 Weights and measures; compressed natural gas; gallon equivalent............................HB 928 Weights and measures; scales and mechanics; registration fees..................................HB 722 Wine; deliveries in vehicles owned by dealer's employees ...........................................HB 699
COMMERCE, CITY OF Board of education; reconstitute ......................................................................................HB 152 Board of education; superintendent................................................................................HB 872
COMMERCIAL CODE Security interest in future crops; sharecropper's portion...............................................HB 73 Security interests; perfected production loans.................................................................HB 75 Uniform Commercial Code - Leases; enact ....................................................................HB 395 Uniform Commercial Code; amend..................................................................................HB 244
COMMISSIONS Appointments; state-wide representation; express intent to ensure.............................HR 80 Capital Outlay for Education Task Force and the Education Accountability and Evaluation Commission; create.......................................................SR 8 Civil War Commission; create .............................................................................................SR 21 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create.............................SR 93 Commission on the Preservation of the State Capitol; create .....................................SB 225 Commission on Women; per diem allowance...................................................................HB 68 Education Accountability and Evaluation Commission; create ..................................HR 398 Education Accountability and Evaluation Commission; create ..................................HR 466 Ellis Gibbs Arnall Tribute Commission; create..............................................................SR 156 Georgia Civil War Commission; create............................................................................HB 997

Refer to numerical index for page numbers

2748

INDEX

COMMISSIONS (Continued) Georgia Civil War Resources Commission; create.........................................................HR 403 Georgia Historic Preservation Study Commission; create ...........................................HR 441 Georgia Sports Hall of Fame; membership.....................................................................SB 304 Historic Chattahoochee Commission; members; amend provisions.............................SB 191 Homestead exemption; urge study by Joint Study Commission on Revenue Structure..........................................................................................................HR 422 Joint Commission on Legislative Information Management; create ..........................HR 332 Joint Study Commission on Revenue Structure; re-create............................................HR 91 Joint Study Commission on Revenue Structure; re-create.............................................SR 44 Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Privatization Review Act; enact........................................................................................SB 260 State Flag Commission; create ...........................................................................................HR 15 State Housing Trust Fund for the Homeless Commission; amend provisions............................................................................................................HB 293
COMMITTEES Appointments; state-wide representation; express intent to ensure.............................HR 80 Budgetary Responsibility Oversight Committee; Budgetary Accountability and Planning Act; Fair and Open Grants Act .................................SB 335 Budgetary Responsibility Oversight Committee; create.................................................HB 41 Capital Outlay for Education Task Force and the Education Accountability and Evaluation Commission; create.......................................................SR 8 General Assembly; Ethics Committees; subpoena provisions ......................................HB 972 Georgia Lead Poisoning Prevention Study Committee; create ...................................HR 180 House Communications Technology Study Committee; create ..................................HR 244 House Computerization of the Legislative Branch Study Committee; create.............................................................................................................HR 86 House Education Reform Study Committee; create .....................................................HR 516 House Interagency Collaboration for School Based Services to Youth Study Committee; create..............................................................................HR 426 House Restructuring of the Education System of Georgia Study Committee; create.............................................................................................................HR 77 House State Emergency Management Study Committee; create .................................HR 51 House Study Committee on Decentralization of State Government; create.............HR 351 House Study Committee on Legislative Information Systems and Accessibility; create ..................................................................................................HR 56 House Study Committee on Postsecondary Technical and Adult Education Finance; create.............................................................................................HR 387 House Study Committee on Private No-Fault Motor Vehicle Insurance; create.............................................................................................................HR 127 House Third School Meal Study Committee; create ....................................................HR 358 Joint Boundaries of Regional Development Centers Study Committee; create...........................................................................................................HR 118 Joint Committee on State and Local Bonded Indebtedness; create .............................SR 37 Joint Regional Hospital Study Committee; create..........................................................HR 16 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create ............................................................HR 242 Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; create ..........................SR 109 Joint Study Committee on Legislative Information Systems and Accessibility; create ..................................................................................................HR 54 Joint Study Committee on Privatization of Certain Governmental Services; create................................................................................................................HR 150 Joint Study Committee on Sludge; create........................................................................HR 66 Metropolitan Atlanta Olympic Games Overview Committee; create ...........................HR 63 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions................................................................................................HR 215

Refer to numerical index for page numbers

INDEX

2749

COMMITTEES (Continued) Older Worker Task Force; create......................................................................................SR 131 Study Committee on Employee Training in the Construction Industry; create...............................................................................................................HR 331 Task Force on Educational Outcomes Based Flexibility; create.....................................SR 7 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create..........HR 117
COMMITTEES, STANDING; assignments ...............................................Pages 58, 295, 296
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Buckner, Honorable Gail.................................................................................................Page 361 Coleman, Honorable J. Tom.................................................................................Pages 152, 153 Cummings, Honorable Bill..............................................................................................Page 857 Davis, Honorable Grace.........................................................................................Pages 156, 157 Dickinson, Honorable John D........................................................................................Page 675 Governor................................................................................................................Pages 48, 53, 59 Greene, Honorable Gerald E................................................................................Pages 150, 151 Groover, Honorable Denmark, Jr....................................................................................Page 56 Harris, Honorable Melanie ...................................................................................Pages 148, 149 Joyce, Honorable Brian D.............................................................................................Page 1863 Lakly, Honorable Dan...................................................................................................Page 1420 Lawrence, Honorable Thomas E..........................................................................Pages 154, 155 Lee, Honorable Wm. J.......................................................................................................Page 60 Legislative Counsel......................................Pages 57, 60, 61, 62, 148, 149, 151, 152, 154, 155 Lieutenant Governor ..............................................................Pages 57, 148, 150, 152, 154, 156 McKinney, Honorable J. E...................................................................................Pages 156, 157 Mueller, Honorable Anne..................................................................................................Page 59 Pinkston, Honorable Frank..............................................................................................Page 58 Poston, Honorable McCracken, Jr............................................................Pages 10, 1983, 2411 Ray, Honorable Walter S..................................................................................................Page 56 Royal, Honorable A. Richard................................................................................Pages 150, 151 Secretary of State.................................................................................................................Page 1 Smith, Honorable Willou......................................................................................Pages 152, 153 Speaker of the House..................................Pages 1, 57, 58, 148, 150, 152, 154, 156, 295, 296 Stancil, Honorable Steve.......................................................................................Pages 148, 149 Tysinger, Honorable James W.............................................................................Pages 154, 155 Westmoreland, Honorable Lynn ..................................................................................Page 1420
COMMUNITY AFFAIRS Income tax; corporations; dividends from outside the United States; job tax credit......................................................................................................HB 536 Joint Boundaries of Regional Development Centers Study Committee; create...........................................................................................................HR 118 Local Government Efficiency Act; enact ..........................................................................HB 83 Regional development centers; amend provisions .........................................................HB 753 Regional development centers; ratify certain transfer...................................,................HR 64 Regional development centers; ratify certain transfers................................................HR 360 Regional development centers; ratify certain transfers.................................................SR 238
COMPENSATION RESOLUTIONS Boynton, Ricky Lee; compensate.......................................................................................HR 78 Helton, Jimmy; compensate..............................................................................................HR 259 Lampkin, Albert and Delia Mae; compensate...............................................................HR 157 Lewis, Walter; compensate ..............................................................................................HR 124 Poore, Mrs. L. C.; compensate..........................................................................................HR 156 Selph, Shirley; compensate...............................................................................................HR 339

Refer to numerical index for page numbers

2750

INDEX

COMPENSATION RESOLUTIONS (Continued) Strickland, Lorraine; compensate ....................................................................................HR 155 Wilson, Nina; compensate...................................................................................................HR 96 Winkler, Craig J.; compensate..........................................................................................HR 263
COMPUTERS Ad valorem tax; intangible personal property; include software ................................HB 350 Electronically furnishing obscene materials to minors; define offense ......................HB 138 House Computerization of the Legislative Branch Study Committee; create.............................................................................................................HR 86 House Study Committee on Legislative Information Systems and Accessibility; create ..................................................................................................HR 56 Joint Commission on Legislative Information Management; create ..........................HR 332 Joint Study Committee on Legislative Information Systems and Accessibility; create ..................................................................................................HR 54 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Revenue bonds; telecommunications systems; provisions..........................................HB 1145 Software; intangible tax.....................................................................................................HB 398
CONASAUGA JUDICIAL CIRCUIT Add judge.............................................................................................................................HB 461 Add judge..............................................................................................................................SB 261
CONAWAY, NOEL; commend .........................................................................................HR 552
CONDOMINIUMS Amend provisions...............................................................................................................HB 572 Handicapped persons; private residence accessibility...................................................HB 812
CONNELL, HONORABLE JACK; election; Speaker Pro Tempore.......................Page 12
CONSERVATION AND NATURAL RESOURCES Air pollution control; odor-causing chemicals; limitations...........................................HB 178 Antifreeze; prohibitions .....................................................................................................HB 209 Asbestos Licensing Board; training requirement; certification ....................................SB 135 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Civil War Commission; create.............................................................................................SR 21 Easements; creation or expansion; eminent domain .....................................................HB 751 Employees' Retirement; benefits; retirement at age 55 for certain employees.....................................................................................................HB 750 Environmental Justice Act; enact....................................................................................HB 368 Environmental Protection Division; hazardous site inventory.....................................SB 294 Erosion and Sedimentation Act; land-disturbing activities .........................................HB 566 Georgia Historic Preservation Study Commission; create ...........................................HR 441 Global warming and air pollution; relative to.................................................................SR 173 Hazardous waste management; certain chemicals; fees................................................HB 366 Hazardous waste; petroleum contaminated soil; limits ................................................HB 975 High Falls Lake; boat docks; permits..............................................................................HB 195 Historic Chattahoochee Commission; members; amend provisions.............................SB 191 Income tax credit; recycling manufacturing facility......................................................HB 587 Jekyll Island--State Park Authority; limit fee increases.............................................HB 518 Jekyll Island--State Park Authority; membership.......................................................HB 517 Jekyll Island--State Park Authority; restrict certain activities..................................HB 519 Lakes; water quality standards; adopt ............................................................................HB 558 Merit system; certain Natural Resources Department employees; benefits.........................................................................................................HB 720 Monuments Protection Act; enact...................................................................................HB 553

Refer to numerical index for page numbers

INDEX

2751

CONSERVATION AND NATURAL RESOURCES (Continued) Motor vehicle emission inspections; extend to all counties.........................................HB 623 Multiple beverage containers; certain nonbiodegradable packaging; prohibit.........................................................................................................HB 203 Music Hall of Fame Authority; members; compensation.............................................HB 885 North Georgia Mountains Authority; members; authorizations..................................HB 651 Pollution Prevention Assistance Division; establish......................................................SB 200 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create ............................................HB 67 Registered forester; requirements for registration..........................................................SB 117 Solid waste disposal site; approval of electors...............................................................HB 560 Solid waste management; requirements for service reduction and recycling....................................................................................................................HB 367 Solid waste management; scrap tire disposal; yard trimmings; amend provisions............................................................................................................HB 257 Solid waste permits; certain facilities; extend date.......................................................HB 215 State authorities; private participation; Upper Savannah River Development Authority; amend provisions ................................................................HB 941 State Forestry Commission; unpaid volunteers; authorization ......................................SB 51 State parks; certain facilities and services; taxation.....................................................HB 954 State Tollway Authority; change name; amend provisions...........................................SB 328 Timber; sales by tonnage or pounds................................................................................HB 360 Unimproved state owned real property; grants; eligibility ...........................................SB 202 Upper Savannah River Development Authority; amend provisions............................SB 342 Urge committees to seek advice of green industry ..........................................................SR 11 Waste disposal; marine toilets on Lake Blue Ridge; prohibitions ..............................HB 528 Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water and wastewater systems; operators and laboratory analysts; training by Environmental Protection Division.........................................................HB 283 Water pollution; combined sewer overflow system; sanctions........................................SB 19 Water pollution control; sludge land application ..........................................................HB 228 Water well contractors; continuing education................................................................HB 224 Water well contractors; previous licensee; new license.................................................HB 915
CONSTITUTIONAL AMENDMENTS Ad valorem taxation of farm equipment; General Assembly provide by law...............................................................................................................................HR 609 Ad valorem tax; increase state levy.................................................................................HR 243 Ad valorem tax; local government exempt property used for economic development...................................................................................................HR 132 Appropriations; authorize Governor to reduce ................................................................HR 94 Bills or resolutions requiring expenditure of funds by local governments; fiscal note..................................................................................................HR 58 Bills raising revenue; approval by voters..........................................................................HR 12 Board of Regents; limitations upon appropriations ......................................................HR 555 Certain intoxicating liquors; prohibit delivery in state................................................HR 179 Community Right-to-Know Trust Fund; General Assembly provide by general law.................................................................................................................HR 241 Counties and municipalities; debt incurred through certificate of participation; prohibit...............................................................................................HR 290 Death sentence commuted to life; prohibit parole..........................................................HR 93 Development impact fees for educational facilities; General Assembly provide by general law.................................................................................HR 579 Education; change funding from ad valorem to sales and use tax...............................HR 90 Education Department; five-year budget Act................................................................HR 103 Elected officials of state and U. S. Congress; term limitations.....................................HR 11 Elected officials of state; term limitations ..........................................................................SR 5

Refer to numerical index for page numbers

2752

INDEX

CONSTITUTIONAL AMENDMENTS (Continued) Enterprise zones; certain tax treatment; General Assembly provide by law.................................................................................................................HR 240 Enterprise zones; certain tax treatment; General Assembly provide by law..................................................................................................................SR 206 Federal funds for federally mandated programs; urge Congress propose constitutional amendment..............................................................................HR 260 General Assembly; four-year terms; elected state officials; limit terms.......................................................................................................................HR 130 General Assembly; four-year terms; four-term limit.......................................................HR 79 General Assembly; limit number of general bills by each member............................HR 194 General Assembly; require quorum for countable day.................................................HR 264 General bills raising revenue; two-thirds vote required .................................................HR 92 General bills raising revenue; two-thirds vote required .................................................HR 95 General bills raising revenue; two-thirds vote required ...............................................HR 193 Initiative petitions; power to enact or reject amendments to the constitution..........................................................................................................HR 257 Initiative petitions; power to enact or reject statutes...................................................HR 258 Initiative petitions; power to enact or reject statutes and amendments to the constitution...........................................................................HR 104 Inspector general; create office...........................................................................................HR 14 Local governments; certain expenditures and certain tax increases; General Assembly limit by law.....................................................................HR 89 Local option sales tax without decrease in property tax; provide ..............................HR 428 Local school systems; educational enrichment tax; authorize .....................................HR 116 Motor fuel tax; additional 5 cents per gallon.................................................................HR 269 Motor fuel tax; appropriate for transportation system ................................................HR 271 Nude dancing; regulation; General Assembly authorize by law..................................HR 178 Pari-mutuel wagering; General Assembly regulate by law...........................................HR 606 Programs mandated locally by state; funding..................................................................HR 10 Programs mandated locally by state; 90 percent state funding..................................HR 262 Public officers; ethics training; General Assembly provide by general law.................................................................................................................HR 102 Public Service Commission; Governor appoint; nominating commission; General Assembly provide by law.........................................................HR 214 Raffles by nonprofit organizations; provisions...............................................................HR 133 Raffles by nonprofit organizations; provisions...............................................................HR 309 Raffles by nonprofit organizations; provisions...............................................................HR 434 Raffles by nonprofit organizations; provisions................................................................SR 107 Regional industrial park development; counties and municipalities share ad valorem tax proceeds ............................................................SR 203 Senate; staggered four-year terms......................................................................................HR 59 Special one percent sales tax; education; General Assembly provide ..........................HR 53 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law.......................................................HR 13 State health insurance system; General Assembly provide by general law.......................................................................................................................HR 401 Taxes or fees; laws providing for or increasing; required vote.........................................SR 6
CONSUMER AFFAIRS Ad valorem tax; refunds; sales price less than assessed value.....................................HB 616 Advertising; certain disclaimer; size and type style........................................................HB 76 Advertising of legal services; certain disclosure.............................................................HB 524 Assistive Technology Warranty Act; enact.......................................................................HB 93 Automated teller machines; safety...................................................................................HB 884 Automated teller machines; safety procedures ...............................................................SB 355 Beauty pageants; amend provisions.................................................................................HB 965 Commerce and trade; solicitation of elderly; certain hours.........................................HB 193

Refer to numerical index for page numbers

INDEX

2753

CONSUMER AFFAIRS (Continued) Commerce and trade; Truth in Polling Act; enact........................................................HB 934 Competitive Practices Act of 1993; enact .......................................................................HB 795 Deceptive practices; promotions; DUI programs; confidentiality of complaints .........................................................................................SB 231 Deceptive practices; unlicensed home health services; prohibitions...........................HB 335 Distilled spirits; retail dealers; promote lottery..............................................................SB 206 False advertising; certain cable television transmission; prohibit...............................HB 796 Home improvement loans; security instrument; provisions.........................................HB 694 Home inspectors; definition; provisions ...........................................................................SB 143 Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Insurance; cancellation of policy; written request.......................................................HB 1142 Insurance; unfair trade practices; availability of policies.............................................HB 834 Life insurance; premium refunds; time limitation ........................................................HB 864 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motorized Wheelchair Warranty Act; enact......................................................................SB 11 Motor vehicles; certain casual sales; sales tax exemption............................................HB 640 Motor vehicle warranty rights; arbitrators; qualifications...........................................HB 418 Nonreturnable beverage containers; prohibitions..........................................................HB 369 Patient Self-referral Act of 1993; enact ..........................................................................HB 920 Principal and sales representative; definitions; unfair practices against elderly or disabled; regulate ............................................................SB 295 Public Service Commission; personnel; revise provisions; Utility Finance Section; establish.................................................................................SB 250 Residential telephones; 976 or 900 number; by request ...............................................HB 629 Sales of certain goods during declared emergency; prohibit price increase...................................................................................................................HB 173 Sales tax exemption; casual sales of motor vehicles .....................................................HB 169 Telephone systems; statement of warranty......................................................................HB 70 Trade practices; personal property leases; laws of state..............................................HB 654 Trademark or service mark; school boards.....................................................................HB 538 Wine; deliveries in vehicles owned by dealer's employees ...........................................HB 699
CONTRACTORS (CONSTRUCTION)
Ad valorem tax; heavy-duty construction equipment; nonresidents ..........................HB 547 Asbestos Licensing Board; training requirement; certification ....................................SB 135 Conditioned air contracting; change definition..............................................................HB 258 Contracts; payments to contractors.................................................................................HB 837 Electrical contractors; low-voltage and utility contracting ..........................................HB 967 Electrical, plumbing, or conditioned air contracting; grandfathering ........................HB 952 Home inspectors; definition; provisions ...........................................................................SB 143 Mechanics' and materialmen's liens; notice of commencement ..................................HB 544 Occupation tax; practitioner's office; certain contractors.............................................HB 154 Payment bonds or security deposits................................................................................HB 545 Public contractors; bonds; notice of commencement requirements............................HB 543 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Sales and use tax; increase one percent; education funding........................................HB 613 State building codes; extensively revise provisions.......................................................HB 505 State Construction Industry Licensing Board; composition........................................HB 653 Study Committee on Employee Training in the Construction
Industry; create...............................................................................................................HR 331
CONTRACTS Bad checks; time period for honoring; notice ................................................................HB 584 Payments to contractors....................................................................................................HB 837 Petroleum products; federal tax reimbursement...........................................................HB 797 Petroleum products; federal tax reimbursement...........................................................HB 891 Principal and agent; conditional power of attorney; clarification................................SB 171

Refer to numerical index for page numbers

2754

INDEX

CONTRACTS (Continued) Principal and agent; revise provisions to create agency ...............................................HB 515 Principal and sales representative; definitions; unfair practices against elderly or disabled; regulate............................................................SB 295 Tractors, farm equipment, heavy equipment, and motor vehicles; regulation of distribution...............................................................................................HB 454 Trade practices; personal property leases; laws of state..............................................HB 654 Uniform Commercial Code - Leases; enact....................................................................HB 395
CONTROLLED SUBSTANCES Amend listings.....................................................................................................................HB 374 Crimes; commission by felon using firearm....................................................................HB 832 Dangerous practices; machine gun or firearm with silencer; penalties ......................HB 652 Firearm possession; marijuana offense; penalty.............................................................HB 765 Forfeitures; claims..............................................................................................................HB 712 Forfeitures; disposition .......................................................................................................SB 237 Prisons; furnishing drugs to prisoners prohibited ...........................................................HB 29 School bus drivers; drug and alcohol testing..................................................................HB 372 Testing; Georgia Bureau of Investigation laboratories.................................................HB 838
COPE, TONY; commend ....................................................................................................HR 544
CORONERS; annual training course................................................................................HB 223
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Amend provisions ...............................................................................................................HB 149 Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Income tax; dividends from outside the United States; job tax credit......................HB 536 Life insurance; insurable interest in employees.............................................................HB 484 Life insurance; insurable interest in employees; insurers; investments of funds.......................................................................................................SB 133 Limited Liability Company Act; enact............................................................................HB 264 Motor vehicles; certain casual sales; sales tax exemption ............................................HB 640 Officers' liability for tax penalty or interest..................................................................HB 272 Open records; trade secret; exemption............................................................................HB 535 Partnerships, Subchapter "S" corporations, and limited liability companies; withholding on distributions to nonresident members ........................HB 384 Political contributions to candidates; prohibit ..............................................................HB 151 Principal and agent; conditional power of attorney; clarification................................SB 171 Principal and agent; revise provisions to create agency ...............................................HB 515 Principal and sales representative; definitions; unfair practices against elderly or disabled; regulate ............................................................SB 295 Taxable net income; certain shareholder adjustments .................................................HB 220 Theft; misappropriation of a trade secret; define offense............................................HB 542 Theft; misappropriation of a trade secret; define offense.............................................SB 224
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGISTS Continuing education; certification..................................................................................HB 506 Natural hair care specialists; regulate.............................................................................HB 801
COUNCIL ON BATTERED WOMEN; commend .....................................................HR 514
COUNTIES (Also, see Local Government or Named County) Actions constituting malpractice in office; certain officers..........................................HB 122 Ad valorem tax; appeals of assessments; amend provisions.........................................SB 296 Ad valorem tax; board of assessors; certain duties .......................................................HB 222 Ad valorem tax; exempt property used for economic development - CA..................HR 132 Ad valorem tax; refunds; sales price less than assessed value.....................................HB 616

Refer to numerical index for page numbers

INDEX

2755

COUNTIES (Also, see Local Government or Named County) (Continued) Ad valorem tax; transfer of execution; assessment appeals; homestead exemption waiver.........................................................................................SB 125 Alcoholic beverages; sales by coliseum authorities ........................................................HB 131 Alcoholic beverages; sales by coliseum authorities...........................................................SB 14 Attorney representing local government; service as part-time judge..........................SB 120 Bail bonds; sureties approval board ..................................................................................HB 50 Bids in certain counties; responsible bidder...................................................................HB 280 Boards of commissioners; provisions .................................................................................HB 96 Boards of elections in certain counties; abolish..............................................................SB 102 Boards of equalization; appeals decisions; written reasons..........................................HB 328 Boards of equalization; assessment appeals ...................................................................HB 253 Boards of equalization; taxpayer appeals; written decisions .......................................HB 736 Boards of health; amend provisions ...................................................................................SB 49 Bus shelters on public rights of way; amend provisions ...............................................SB 343
Capital Outlay for Education Task Force and the Education Accountability and Evaluation Commission; create.......................................................SR 8
Certain expenditures and certain tax increases; General Assembly limit by law - CA............................................................................................HR 89
Charter schools; provisions...................................................................................................SB 74 Child Abuse Prevention Panel; change name from Child Fatality
Review Panel; amend provisions...................................................................................SB 234 Child Advocacy Act; enact ................................................................................................HB 529 Commissioners and chairmen; bipartisan elections.......................................................HB 241 Consolidation with municipality; referendum....................................................................HB 2 Contract awards; certain counties; nondiscrimination..................................................HB 610 Coroners; annual training course......................................................................................HB 223 Correctional institutions; deputy wardens; appointment .............................................HB 353 Council for School Performance; create.............................................................................SB 73 County attorney serving as municipal court judge; prohibitions ................................HB 345 Courts; certain judicial and county officials; legal counsel ........................................HB 1122 Courts; deposit of funds held; interest-bearing accounts .............................................HB 402 Death investigations; definitions; medical examiner; notification .................................SB 99 Debt incurred through certificate of participation; prohibit - CA..............................HR 290 Defense Finance and Accounting Services facility; establish........................................ SB 30 Development authorities; county projects in municipalities......................................HB 1143 Development impact fees for educational facilities; General
Assembly provide by general law - CA.......................................................................HR 579 Development impact fees; water or sewer service; amend provisions ............................HB 1 Education; certain local boards; certain fee exemption................................................HB 255 Education; local fair share funds; limitation..................................................................HB 282 Education; local school systems; equal athletic opportunities.....................................HB 829 Education; parenting skills instruction; grades 8-12.....................................................HB 532 Education, State Board; hearings; notices.........................................................................SB 45 Elections; amend provisions..............................................................................................HB 802 Elections; delivery of returns............................................................................................HB 396 Elections; delivery of voting materials to superior court
clerk or designee..............................................................................................................SB 214 Elections; municipalities; use county registration system ............................................HB 608 Emergency "911" system; joint authorities; military bases .........................................HB 719
Emergency "911" system; public authority to operate; local governments create .......................................................................................................HB 1024
Eminent domain; condemnation award; set off by water or tax liens .......................HB 989
Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership .........................................................HB 1063
Employees' Retirement; certain employees; transfer credit.........................................HB 671
Employees' Retirement; certain prior county service; credit.....................................HB 1104

Refer to numerical index for page numbers

2756

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Employees' Retirement; county department of family and children services employees; service credit...............................................................HB 1153 Employees' Retirement; county probation and intake employees; transfer credit..................................................................................................................HB 670 Enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................................................HR 240 Enterprise zones; certain tax treatment; General Assembly provide by law - CA........................................................................................................SR 206 Enterprise zones; class; General Assembly provide by local law.................................HB 434 Enterprise zones; class; General Assembly provide by local law .................................SB 166 Excise tax; lottery ticket sales ............................................................................................HB 56 Fair rent commission; create...............................................................................................HB 98 Financial audits; expenditure level ..................................................................................HB 137 Firearms; possession by certain city and county officials ............................................HB 490 Foreign wills probated in another state; recording in Georgia....................................HB 361 Georgia Court-annexed Alternative Dispute Resolution Act; enact ...........................HB 143 Governmental entities; millage rate; advertisement; hearing ......................................HB 554 Hospital authorities; real property; taxation and zoning .............................................HB 674 Hotel and motel tax; aviation museums .........................................................................HB 346 Hotel and motel tax; pedestrian walks and trails .........................................................HB 208 Housing authorities; commissioners and resident commissioners...............................HB 238 Hunting does; prohibit in certain counties.....................................................................HB 245 Indigent and elderly health care; county liability.........................................................HB 339 Inmates; medical treatment; reimbursement..................................................................HB 232 Inmates; offense of mutiny; state or local jails ..............................................................HB 870 Insurance; certain appeals of adverse decisions; temporary coverage........................HB 568 Joint board of tax assessors; certain counties; repeal Act creating ............................HB 277 Joint Committee on State and Local Bonded Indebtedness; create .............................SR 37 Joint Study Commission on Revenue Structure; re-create.............................................SR 44 Juries; civil actions; dollar amount ..................................................................................HB 200 Jury commissioners and clerk; compensation ................................................................HB 446 Jury lists; composition; amend provisions .......................................................................SB 193 Juvenile law enforcement records; inspection by school officials ................................SB 122 License plates; time period for issuance; transfers; decals...........................................HB 479 Litter control; public trash or garbage containers; prohibitions ...................................HB 95 Local elected constitutional officers; compensation......................................................HB 206 Local Government Efficiency Act; enact ..........................................................................HB 83 Local governments; certain property in adjoining county; prohibit purchase ............................................................................................................HB 715 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Local sales tax; prohibitions; exception ..........................................................................HB 861 Local school boards; certain meditation procedures; adopt policy .............................HB 582 Local school superintendents; minimum salary.............................................................HB 248 Local Tax Amnesty Program Act; enact.........................................................................HB 441 Mental health, mental retardation, and substance abuse programs; provision of services; revise........................................................................HB 100 Mobile homes; transporting to another county; decal..................................................HB 561 Mobile homes; transporting to another county; decal ...................................................SB 209 Motor fuel tax; special districts........................................................................................HB 186 Motor vehicle emission inspections; extend to all counties .........................................HB 623 Motor vehicle registration; out-of-state certificate of title ..........................................HB 880
Motor vehicles; return for taxation; amend provisions.................................................HB 229
Motor vehicles; staggered registration; amend provisions............................................HB 514
Multiyear contracts; repeal; reenact................................................................................HB 330
Multiyear lease purchase contracts; prohibit ...................................................................HB 44
Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926

Refer to numerical index for page numbers

INDEX

2757

COUNTIES (Also, see Local Government or Named County) (Continued) Nonpartisan elections; certain officials; straight party voting .....................................SB 283 Nude dancing; regulation; General Assembly authorize by law - CA ........................HR 178 Occupation taxes; regulatory fees; comprehensive revision .........................................HB 362 Open meetings; notice; certain legal organs ...................................................................HB 600 Open meetings; repeal certain penalty provisions .........................................................HB 903 Ordinances; violations; maximum fine ............................................................................HB 896 Parents' Committee; provisions......................................................................................HB 1062 Part-time judges; recusal upon conflict of interest; local government representation............................................................................................HB 344 Participation in federal programs; expenditures ...........................................................HB 728 Police chiefs; training requirements; increase hours......................................................SB 279 Polygraph examiners; public employees; repeal exemption .........................................HB 631 Probationers; certain sentence; county jail confinement..............................................HB 452 Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA ........................HR 262 Programs mandated locally by state; urge General Assembly provide state funds.........................................................................................................HR 261 Public contractors; bonds; notice of commencement requirements............................HB 543 Public school contracts; local boards; certain banks.....................................................HB 737 Public works contracts; certain counties; female business enterprises ......................HB 281 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Purchasing in certain counties; bid provisions; amend ...................................................SB 97 Referendum provisions ......................................................................................................HB 262 Regional development centers; amend provisions .........................................................HB 753 Regional development centers; ratify certain transfer....................................................HR 64 Regional development centers; ratify certain transfers................................................HR 360 Regional development centers; ratify certain transfers.................................................SR 238 Regional industrial park development; counties and municipalities share ad valorem tax proceeds - CA...................................................SR 203 Registrars; nomination or election to office ...................................................................HB 304 Retirement funds; investments.........................................................................................HB 278 Sales tax and second motor fuel tax; dealer collection reimbursement; hotel and motel tax; certain local facilities....................................HB 472 Sales tax collection fee; certain casual sales...................................................................HB 451 School boards; elected members; appointed school superintendents.........................HB 300 School systems; educational enrichment tax; authorize - CA......................................HR 116 School systems; multiyear lease purchase contracts; prohibit.......................................HB 45 School systems; multiyear lease purchase contracts; real property prohibition .......................................................................................................HB 233 Service cancelable loans; certain registered nurses .....................................................HB 1103 Sheriffs; deposit of funds held; interest-bearing accounts ...........................................HB 403 Sheriffs; legal defense; provisions.....................................................................................HB 343 Sheriffs providing municipal police services; powers ....................................................HB 936 Sheriffs; qualifications; exemption...................................................................................HB 205 Sheriffs; vacancies in office; selection of bailiffs ...........................................................HB 764 Solid waste disposal site; approval of electors ...............................................................HB 560 Special one percent sales tax; procedure for imposition; amend ..................................HB 64 Special purpose sales tax; aviation projects ...................................................................HB 727 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA.............................................HR 13
Speed detection devices; eliminate certain restriction...................................................SB 116
Speed detection devices; restrictions; exemption; certain counties ............................HB 199
State court clerks; serve as magistrate court clerk.........................................................SB 196
State employees' health insurance; contract with county; part-time employees .......................................................................................................HB 772
State flag; required display; public buildings.................................................................HB 637

Refer to numerical index for page numbers

2758

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) State or local bonded indebtedness; private legal counsel; selection by competitive bidding..................................................................................HB 740 Tag agents; certain additional compensation; fee deduction.......................................HB 981 Task Force on Educational Outcomes Based Flexibility; create .....................................SR 7 Tax amnesty; amend provisions........................................................................................SB 139 Tax assessments; appeals to superior court; utilize county appraisal staff..................................................................................................................HB 683 Tax assessments; taxpayer and board of equalization disputes; arbitration........................................................................................................................HB 684
Tax assessor serving as property appraiser; prohibit in certain counties ...............................................................................................................HB 493
Tax collectors and tax commissioners; minimum salary...............................................SB 282 Tax digests; arbitration or appeal of assessments; examination .................................HB 309 Tax sales; political subdivisions purchasing property; amount...................................HB 565 Teachers Retirement; delete reference to appointed boards .......................................HB 316 Trademark or service mark; school boards.....................................................................HB 538 Transient merchants; business license; fee set by county ............................................HB 661 Uniform Commercial Code; amend..................................................................................HB 244 Unimproved state owned real property; grants; eligibility ...........................................SB 202 Unpaid parking fines; nonissuance of registration and license plates........................HB 185 Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water suppliers; unpaid charges; limited liens ..............................................................HB 862 Zoning hearings; notification.............................................................................................HB 235 Zoning; procedures for adopting ordinance; clarify .......................................................HB 810
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Action for trespass or damage to realty; hazardous material ......................................HB 599 Alimony; adultery or desertion of party; disqualification ............................................HB 373 Appeals; cross appeal by defendant.................................................................................HB 109 Appeals; motion for new trial; time extension ..................................................................SB 33 Atlanta Judicial Circuit; add judge..................................................................................HB 809 Attorney representing local government; service as part-time judge ..........................SB 120 Augusta Judicial Circuit; add judge.................................................................................HB 957 Bad checks; prosecution in magistrate courts; forfeiture of bonds.............................HB 326 Certain judicial and county officials; legal counsel .....................................................HB 1122 Child abuse and juvenile court records; access by certain school personnel..............................................................................................................HB 333 Child abuse reports; access; sexual abuse of minor defined .............................................SB 2 Child abuse reports; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined ...................................SB 1 Child Advocacy Act; enact ................................................................................................HB 529 Child custody; temporary change; discretion of court; child support; certain employment records ...........................................................................SB 269 Civil contempt arrest orders; Georgia Crime Information Center network..............................................................................................................HB 1119 Civil practice; dismissal of certain actions; time ..............................................................SB 32 Civil practice; transfer of actions from superior to state court.....................................HB 43 Civil proceedings in magistrate courts; amend provisions ...........................................HB 327 Cobb Judicial Circuit; add judge........................................................................................HB 42 Cobb Judicial Circuit; add judge ........................................................................................SB 31 Conasauga Judicial Circuit; add judge ............................................................................HB 461 Conasauga Judicial Circuit; add judge .............................................................................SB 261 County and state ordinances; violations; maximum fine..............................................HB 896 County attorney serving as municipal court judge; prohibitions ................................HB 345 County boards of equalization; assessment appeals......................................................HB 253 Court reporting; amend provisions ..................................................................................HB 489

Refer to numerical index for page numbers

INDEX

2759

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Coweta Judicial Circuit; add judge ................................................................................HB 1059 Criminal proceedings; third-year law students as assistants .......................................HB 190 Deposit of funds held; interest-bearing accounts ..........................................................HB 402 Deprived children; disposition; certain prosecution; evidence of family violence or child abuse ......................................................................SB 3 Dispossessory proceedings; time periods.........................................................................HB 407 Dispossessory proceedings; writ of possession................................................................HB 337 Election of judges ...............................................................................................................HB 136 Elections; delivery of returns ............................................................................................HB 396 Elections; delivery of voting materials .............................................................................SB 214 Employment; termination contrary to public policy; prohibit ....................................HB 665 Evidence; facsimile transmissions; admissibility..................................................,.......HB 1120 Family violence; protective orders; enforcement ...........................................................HB 680 Fines and forfeitures; certain traffic offenses; administrative fee ............................HB 1162 Firearms sales; dealer provisions; records checks..........................................................HB 732 Firearms sales; records checks .............................................................................................SB 12 Georgia Court-annexed Alternative Dispute Resolution Act; enact ...........................HB 143 Grand juries; oath; corrections .........................................................................................HB 820 Juries; civil actions; dollar amount ..................................................................................HB 200 Juries; civil actions; dollar amount.....................................................................................SB 62 Jury commissioners and clerk; compensation ................................................................HB 446 Jury lists; composition; amend provisions.......................................................................SB 193 Juvenile delinquents; special alternative incarceration-- probation boot camps; provisions .................................................................................SB 150 Juvenile law enforcement records; inspection by school officials ................................SB 122 Juvenile proceedings; amend provisions .........................................................................HB 531 Juvenile proceedings; certain unruly child .....................................................................HB 141 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Juvenile proceedings; mediation; supervision fees .........................................................SB 358 Juveniles in custody; time for hearing; maximum incarceration ..............................HB 1066 Juveniles; probation officer; detention authority ..........................................................HB 306 Local elected constitutional officers; compensation......................................................HB 206 Magistrate courts; amend provisions................................................................................SB 315 Mclntosh County; superior court; change terms ...........................................................HB 377 Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Northern Judicial Circuit; add judge...............................................................................HB 881 Office of Treasury and Fiscal Services; create................................................................SB 162 Ogeechee Judicial Circuit; add judge......................,........................................................HB 581 Part-time judges; recusal upon conflict of interest; local government representation ..................................................................................HB 344 Peace Officer and Prosecutor Training Fund; certain annual disbursements........................................................................................................SB 65 Piedmont Judicial Circuit; terms of court......................................................................HB 792 Probate court judges; increase minimum salaries..........................................................HB 710 Probate courts; misdemeanor jurisdiction; guilty plea .................................................HB 559 Probate courts; service of guardian for minor or incapacitated adult .........................HB 71 Probation fees; waiver; amendment; sanctions for failure to pay..................................SB 87 Senior judge; repeal prohibition against holding public office....................................HB 147 Senior judge; repeal prohibition against practicing law or holding public office...........................................................................................HB 148
Sheriffs; deposit of funds held; interest-bearing accounts ...........................................HB 403
Sheriffs; legal defense; provisions.....................................................................................HB 343
Sheriffs providing municipal police services; powers....................................................HB 936
Sheriffs; qualifications; exemption...................................................................................HB 205
Sheriffs; vacancies in office; selection of bailiffs ...........................................................HB 764

Refer to numerical index for page numbers

2760

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) South Georgia Judicial Circuit; add judge......................................................................HB 620 State court clerks; serve as magistrate court clerk.........................................................SB 196 Stone Mountain Judicial Circuit; add judge ...................................................................SB 232 Superior court administrators; compensation ................................................................HB 628 Superior Court Clerks' Cooperative Authority; create..................................................HB 243 Superior court clerks; distribution of fines; priorities ...................................................SB 156 Superior court clerks; minimum annual salaries ...........................................................HB 992 Superior court clerks; payment for duties in another court ..........................................HB 53 Superior court judges; nonpartisan elections; plurality; ballots ................................HB 1026 Superior courts; selection of bailiffs; provisions ............................................................HB 507 Supreme Court; certain judgments; last 15 days of term................................................SB 76 Taxation; threats or intimidation of agents; penalty ....................................................HB 314 Western Judicial Circuit; add judge................................................................................HB 655
COWETA COUNTY; board of education; districts.......................................................HB 583
COWBTA JUDICIAL CIRCUIT; add judge .............................................................HB 1059
CRAWFORD COUNTY Board of commissioners; reapportion..............................................................................HB 818 Board of education; reconstitute......................................................................................HB 817
CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; Civil Rights Protection Act; enact .................................................................HB 716 Abortion; Female's Right to Know Act; enact ...............................................................HB 602 Bad check diversion program; Attorney General establish........................................HB 1148 Bad check issuance; postdated check; applicability ......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Bingo; prizes; maximum amount.......................................................................................SB 114 Carrying weapon at school function or on property; searches; reports......................HB 860 Child molestation and aggravated child molestation; second offense; punishment..........................................................................................HB 130 Commission by felon using firearm .................................................................................HB 832 Contributing to delinquency of minor; violent crimes; penalties................................HB 533 Controlled substances and dangerous drugs; amend listings.......................................HB 374 Controlled substances; forfeitures; claims.......................................................................HB 712 Controlled substances; forfeitures; disposition................................................................SB 237 Dangerous practices; machine gun or firearm with silencer; penalties ......................HB 652 Deprived children; disposition; certain prosecution; evidence of family violence or child abuse ......................................................................SB 3 Electronically furnishing obscene materials to minors; define offense ......................HB 138 Firearms; possession by certain city and county officials............................................HB 490 Firearms; possession while committing marijuana offense; penalty ...........................HB 765 Firearms; possession while under influence of alcohol or drugs; prohibitions......................................................................................................SB 121 Firearms sales; dealer provisions; records checks..........................................................HB 732 Firearms sales; records checks.............................................................................................SB 12 Gambling on "voyages to nowhere"; prohibit ................................................................HB 898 Homicide; assisted suicide; prohibit................................................................................HB 464 Homicide; prohibit assisted suicide.................................................................................HB 415 Human body parts; removal from scene of death.........................................................HB 686 Inmates; offense of mutiny; state or local jails ..............................................................HB 870 Litter control; public trash or garbage containers; prohibitions ...................................HB 95 Recreational bingo; provisions..........................................................................................HB 174 Recreational bingo; provisions.............................................................................................SB 24 Sexual offenses; amend provisions...................................................................................HB 666 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; prohibitions...............................................................................HB 3

Refer to numerical index for page numbers

INDEX

2761

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Stalking and aggravated stalking; define offenses.........................................................HB 133 Stalking and aggravated stalking; define offenses.........................................................HB 863 Stalking and aggravated stalking; define offenses; conditions for pretrial release ..........................,..............................................................HB 37 Stalking and aggravated stalking; define offenses; conditions for pretrial release..........................................................................................SB 13 Stalking and aggravated stalking; define offenses; notify victim of offender's release................................................................................HB 401 State government; employment in more than one branch; exception to prohibition ................................................................................................HB 668 Statutory rape; change age.................................................................................,..............HB 153 Theft; carjacking; define offense....................................................................................HB 1080 Theft; misappropriation of a trade secret; define offense............................................HB 542 Theft; misappropriation of a trade secret; define offense.............................,...............SB 224 Tobacco products; possession by minor; licensing of vendors; free samples ......................................................................................................SB 222 Tobacco products; possession by minor under age 18..................................................HB 638 Waste Control Law; enact..................................................................................................SB 275 Weapons prohibited on school property; include bludgeon-type instruments..........................................................................................HB 1100 Willful obstruction of emergency medical technician; prohibitions; penalties....................................................................................................HB 659 Wiretapping; party to communication ..............................................................................HB 48 Wiretapping; party to communication; recording telephone conversation of minor; consent by order of judge .......................................................HB 47 Wiretapping; prohibit intercepting communication between cellular radio telephones; exceptions ...........................................................................HB 139
CRIMINAL JUSTICE Criminal Justice Coordinating Council; add member...................................................HB 555 Criminal Justice Coordinating Council; membership ...................................................HB 882 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Indigent Defense Council; amend provisions .................................................................HB 284
CRIMINAL PROCEDURE Appeals; motion for new trial; time extension..................................................................SB 33 Bail bonds; sureties approval board ..................................................................................HB 50 Commitment hearings; provisions....................................................................................HB 325 Crime victims; compensation; maximum award ............................................................HB 690 Criminal Justice Coordinating Council; add member...................................................HB 555 Criminal Justice Coordinating Council; membership ...................................................HB 882 Death sentence or life imprisonment; victim impact statement .................................HB 486 Discovery and inspection; disclosure ...............................................................................HB 828 Driver's license deposited as bail; forfeiture by failure to appear; reinstatement fees.............................................................................HB 28 Indigent Defense Council; amend provisions .................................................................HB 284 Law enforcement officers; transportation of arrested person; jurisdiction .........................................................................................................HB 107 Media coverage of certain trials; prohibitions................................................................HB 318 Municipal law enforcement officers; transporting prisoners; provisions....................HB 150 Proceedings; third-year law students as assistants........................................................HB 190 Review of sentence imposed by judge without jury ........................................................HB 79 Sentence of life without parole.........................................................................................HB 485 Sexual offenses; amend provisions ...................................................................................HB 666 Stalking and aggravated stalking; define offenses........................................................,HB 133 Stalking and aggravated stalking; define offenses.........................................................HB 863

Refer to numerical index for page numbers

2762

INDEX

CRIMINAL PROCEDURE (Continued) Stalking and aggravated stalking; define offenses; conditions for pretrial release.........................................................................................HB 37 Stalking and aggravated stalking; define offenses; conditions for pretrial release..........................................................................................SB 13 Stalking and aggravated stalking; define offenses; notify victim of offender's release................................................................................HB 401 Suppression of evidence; warrant unsupported by probable cause .............................SB 113 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46
CRISP COUNTY; grant easement....................................................................................SR 180
CROSS, JAMES A.; commend .........................................................................................HR 638
CULLEN, LYNN; commend .............................................................................................HR 532
CUMMINGS, HONORABLE BILL; communication..............................................Page 857

D

DALTON, CITY OF Homestead exemption; certain residents.........................................................................SB 152 Homestead exemption; certain residents .........................................................................SB 153
DALTON HIGH SCHOOL BOYS SWIMMING AND DIVING TEAM;commend.................'...............................................................,...........HR 440
DANFORD, ALISON ANN; commend..........................................................................HR 621
DANFORD, RICHARD; commend .................................................................................HR 305
DANGERFIELD, COLEMAN W., JR., PH.D.; commend .......................................HR 296
DANIEL, ANN PARHAM; commend............................................................................HR 446
DANIELL, R. G.; condolences...........................................................................................HR 267
DANIELL, SHARLA; commend......................................................................................HR 633
DARDEN, CONGRESSMAN GEORGE (BUDDY); invite to House...................HR 397
DAVIS, HONORABLE GRACE; communications .........................................Pages 156, 157
DAVIS, LEON; commend ..................................................................................................HR 506
DAVISON, DR. FRED; invite to House.........................................................................HR 101
DAY CARE Centers; vans or buses; lighting requirements ...............................................................HB 571 Income tax credit; child care or dependent care expenses...........................................HB 438
DEATH PENALTY Criminal procedure; death sentence or life imprisonment; victim impact statement................................................................................................HB 486
DEBTOR AND CREDITOR Garnishment; exempt certain student loans...................................................................HB 417 Insurance; credit life or credit accident and sickness; regulations .............................HB 754 Special purpose bank or credit card bank; conditions for approval............................SB 347
Refer to numerical index for page numbers

INDEX

2763

DECATUR, CITY OF Commissioners and board of education; districts..........................................................HB 412
DECATUR COUNTY; state court solicitor; compensation .........................................HB 688
DEEDS Covenants running with the land; planned subdivision amendments......................HB 1112 Covenants running with the land; repeal certain search requirement .......................HB 974 Residential Security Deed Act; enact...............................................................................SB 105
DEERFIELD-WINDSOR GIRL'S BASKETBALL TEAM; commend ..............HR 500
DEFENSE, DEPARTMENT OF Defense Finance and Accounting Services facility; establish.........................................SB 30 State Defense Force; amend provisions ..........................................................................HB 969 State Defense Force; amend provisions ...........................................................................SB 368
DEKALB AMBASSADORS, THE; commend ............................................................HR 162
DEKALB COUNTY DeKalb Ad Valorem Tax Survey Commission; amend provisions..............................HB 449 DeKalb Diversion Center; urge Department of Corrections rename J. E. (Jimmy) Helms Diversion Center.........................................................HR 356 Hospital authorities; payment for services; limitations................................................HB 256 Recorder's court; fines .......................................................................................................HB 825 Special services tax districts; millage rate......................................................................HB 450
DELOACH, HONORABLE JAMES M.; commend...................................................HR 503
DELOACH, JUDGE HARRY R.; commend................................................................HR 415
DELTA SIGMA THETA SORORITY; invite members to House ..........................HR 230
DENT, RICHARD "SACKMAN"; invite to House ....................................................HR 314
DENTISTS AND DENTAL HYGIENISTS Accident and sickness insurance; certain joint disorder; prohibit exclusion from coverage ..................................................................................SB 170 Dental hygienists; temporary licenses .............................................................................HB 409 Dentists; surgery and invasive procedures; repeal limitation.........................................SB 15 Torts; dental students; immunity .....................................................................................SB 165
DENTURITRY; regulate practice ..................................................................................HB 1150
DEPARTMENT OF CORRECTIONS (See Penal Institutions)
DEVELOPMENT AUTHORITIES Certain property in adjoining county; prohibit purchase.............................................HB 715 County projects in municipalities..................................................................................HB 1143 Development impact fees for educational facilities; General Assembly provide by general law - CA........................................................HR 579 Development impact fees; water or sewer service; amend provisions ............................HB 1 Joint Boundaries of Regional Development Centers Study Committee; create...........................................................................................................HR 118 Regional development centers; amend provisions.........................................................HB 753 Regional development centers; ratify certain transfer....................................................HR 64 Regional development centers; ratify certain transfers ................................................HR 360 Regional development centers; ratify certain transfers.................................................SR 238
DEVILLARS, CHESTER AND SELENA CHAMPION; commend....................HR 200
DICK LANE BRIDGE; designate...................................................................................HR 400

Refer to numerical index for page numbers

2764

INDEX

DICKINSON, HONORABLE JOHN D.; communication ......................................Page 675
DIETITIANS; Dietetics Practice Act; enact......................................................................SB 20
DISABLED PERSONS (See Handicapped Persons)
DISTILLED SPIRITS Alcoholic beverage sales; hotels; in-room service...........................................................HB 912 Alcoholic beverages; Sunday sales during certain hours; consumption on premises ...............................................................................................SB 314 Certain intoxicating liquors; prohibit delivery in state - CA.......................................HR 179 Retail dealers; promote lottery ..........................................................................................SB 206 Unpaid taxes; prohibit sales or possession .....................................................................HB 552
DISTRICT ATTORNEYS Child abuse evidence; report.............................................................................................HB 530 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Peace Officer and Prosecutor Training Fund; certain annual disbursements.....................................................................................................................SB 65 Retirement; increased benefits; over 16 years................................................................HB 804 Retirement; postretirement benefit increases ................................................................HB 768 Retirement; 20 years service; retire at age 55 ................................................................HB 806
DIVORCE (See Domestic Relations)
DODGE COUNTY; hospital authority; members........................................................HB 1121
DOE, HATTIE; commend ..................................................................................................HR 295
DOGS Veterinarians and animal boarders; disposal or sale of animals; notice.....................SB 130
DOMESTIC RELATIONS Actions; definitions.............................................................................................................HB 679 Alimony; adultery or desertion of party; disqualification ............................................HB 373 Alimony; cohabitation as grounds for modification ......................................................HB 110 Alimony; cohabitation as grounds for revision................................................................SB 277 Certain actions; seminar .......................................................................................................SB 63 Child abuse evidence; report to district attorney ..........................................................HB 530 Child Abuse Prevention Panel; change name from Child Fatality Review Panel; amend provisions ....................................................................SB 234 Child abuse reports; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined ...................................SB 1 Child Advocacy Act; enact ................................................................................................HB 529 Child custody; amend provisions......................................................................................HB 575 Child custody; death of custodial parent; child 14 years or older ..............................HB 483 Child custody; temporary award; court authorization ....................................................HB 10 Child custody; temporary change; discretion of court; child support; certain employment records .................................................................SB 269 Child support award; computation ..................................................................................HB 577 Child support; certain employers; report hiring and rehiring of certain employees..........................................................................................HB 89 Child support; certain unemployed parents; job training ............................................HB 455 Child support; certain unemployment; job training......................................................HB 579 Child support; income deduction orders.........................................................................HB 261 Child support; net income.................................................................................................HB 642 Common-law marriage; prohibit after certain date..........................................................SB 36 Family violence; arrest of perpetrator; victim's wishes ................................................HB 534 Family violence; protective orders; enforcement ...........................................................HB 680

Refer to numerical index for page numbers

INDEX

2765

DOMESTIC RELATIONS (Continued) Grandparent visitation rights; ex-affines grandparents................................................HB 573 Grandparent visitation rights; stepparent adoption......................................................HB 511 Income tax credit; child care or dependent care expenses...........................................HB 438 Juvenile proceedings; certain unruly child.....................................................................HB 141 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Marriage licenses; HIV testing .........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Paternity determination; blood and genetic testing........................................................HB 90 Paternity determination; genetic testing; child support................................................SB 148 Stalking and aggravated stalking; define offenses.........................................................HB 133 Stalking and aggravated stalking; define offenses.........................................................HB 863 Stalking and aggravated stalking; define offenses; conditions for pretrial release.................................... V ...................................................HB 37 Stalking and aggravated stalking; define offenses; conditions for pretrial release..........................................................................................SB 13 Stalking and aggravated stalking; define offenses; notify victim of offender's release................................................................................HB 401
DOOLY COUNTY Board of commissioners; districts..................................................................................HB 1015 Board of education; districts...........................................................................................HB 1016
DOOLY COUNTY YOUTH LEADERSHIP CONFERENCE; commend ..........HR 235
DOUCE, TONYA; commend ...............................................................................................HR 40
DOUGHERTY COUNTY Board of commissioners; districts ....................................................................................HB 603 Board of education; districts.............................................................................................HB 604 Magistrate court; amend provisions.................................................................................HB 963 State court; judge and solicitor ........................................................................................HB 962
DOUGLAS, CITY OF; new charter .................................................................................HB 942
DOUGLAS COUNTY Board of education; districts...........................................................................................HB 1081 Douglasville-Douglas County Charter Commission; referendum ..............................HB 1041 Douglasville-Douglas County Water and Sewer Authority; elected members..............................................................................................................HB 317
DOUGLASVILLE, CITY OF Corporate limits..................................................................................................................HB 871 Douglasville-Douglas County Charter Commission; referendum..............................HB 1041 Douglasville-Douglas County Water and Sewer Authority; elected members..............................................................................................................HB 317
DOWNS, DR. HARRY SIMS; commend......................................................................HR 562
DREIBRODT, BRITTANY DANIELLE; commend ................................................HR 454
DRESDEN ELEMENTARY SCHOOL CHORUS; commend................................HR 533
DRIVER TRAINING INSTRUCTORS AND SCHOOLS DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Instructors; licenses............................................................................................................HB 476
DRIVER'S LICENSE Administrative suspension for driving under the influence; first offense.......................................................................................................SB 27 Certain reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program .........................................................................................HB 24

Refer to numerical index for page numbers

2766

INDEX

DRIVER'S LICENSE (Continued) Certain reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program .......................................................................................HB 480 Certain reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................................................................................SB 307 Certain suspended license; custody..................................................................................HB 227 Commercial driver's license; agricultural industry ........................................................HB 759 Commercial driver's license; operating vehicle without; penalties.................................SB 52 Disabled veterans; amend provisions................................................................................SB 242 Driver's training course; persons age 15 or over; exemption ........................................SB 245 False application or improper use; penalty......................................................................HB 32 Highlighted birthdate; renewal by mail..........................................................................HB 580 Motor vehicle insurance; discounts; certain drivers ......................................................HB 648 Motor vehicle insurance; enforcement services by private entities ............................HB 416 Motor vehicle registration; proof required; surrender of driver's license upon reissuance......................................................................................HB 25 Public Safety Department records; compilation of lists.................................................HB 23 Quality basic education; driver's education; program weights; art, music, physical education .......................................................................HB 617 Reinstatement fees ...............................................................................................................HB 28 Replacement due to name or address change; fee.........................................................HB 704 Revocation notice; time limit to request hearing ............................................................HB 22 School requirement; drivers under age 18 ......................................................................HB 645 Suspension; additional drug related crimes; provisions..............................................HB 1000 Suspension; driving under the influence; persons under age 21 .................................HB 647 Suspension; proof of insurance; restricted driving permit .............................................HB 21 Voter registration; driver's license examiners ................................................................HB 187 Voter registration; driver's license examiners ................................................................HB 611
DRIVING UNDER THE INFLUENCE Breath testing machine; components...............................................................................HB 798 Chemical test; arresting officer..........................................................................................SB 163 Chemical test; information required from arresting officer .......................................HB 1073 Deceptive practices; promotions; DUI programs; confidentiality of complaints .........................................................................................SB 231 Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use ..........................................................SB 109 Driver's license; administrative suspension; first offense................................................SB 27 Driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ..........................................................................HB 24
Driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................................................................HB 480
Driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program .........................................................................SB 307
Driver's license suspension; additional drug related crimes; provisions..........................................................................................................HB 1000
DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Fines and forfeitures; certain traffic offenses; administrative fee ............................HB 1162 Georgia Bureau of Investigation laboratories; controlled
substances or dangerous drugs; testing.......................................................................HB 838 Ignition interlock device; condition of probation .............................................................SB 28 Nolo contendere plea; proof of completing DUI Alcohol
or Drug Use Risk Reduction Program ........................................................................HB 475 Persons under age 21; alcohol concentration level ........................................................HB 622 Persons under age 21; license suspension .......................................................................HB 647 Prohibit possession of alcoholic beverage by convicted person...................................HB 382 Solicitation for clinic or program; prohibitions..............................................................HB 508 Third or subsequent conviction; publication...................................................................SB 119

Refer to numerical index for page numbers

INDEX

2767

DRUGS AND DRUG DEPENDENCY AND ABUSE Carrying weapon at school function or on property; searches; reports......................HB 860 Chemical test; arresting officer..........................................................................................SB 163 Clinical nurse specialist in psychiatric/mental health; provisions...............................SB 312 Controlled substances and dangerous drugs; amend listings.......................................HB 374 Controlled substances; forfeitures; claims.......................................................................HB 712 Controlled substances; forfeitures; disposition................................................................SB 237 Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use ..................................................................SB 109 Driver's license; administrative suspension for driving under the influence; first offense....................................................................................SB 27 Driver's license suspension; additional drug related crimes; provisions..........................................................................................................HB 1000 Driving under the influence; breath testing machine; components............................HB 798 Driving under the influence; chemical test; information required from arresting officer ...................................................................................HB 1073 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program..........................HB 24 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307 Driving under the influence; nolo contendere plea; proof of completing DUI Alcohol or Drug Use Risk Reduction Program........................HB 475 Driving under the influence; persons under age 21; alcohol concentration level............................................................................................HB 622 Driving under the influence; persons under age 21; license suspension ....................HB 647 Driving under the influence; solicitation for clinic or program; prohibitions................................................................................................HB 508 Driving under the influence; third or subsequent conviction; publication....................................................................................................SB 119 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Firearms; prohibitions.........................................................................................................SB 121 Health and mental health; amend provisions ...................................................................SB 49 Ignition interlock device; condition of probation for driving under the influence..............................................................................................SB 28 Medical assistance; certain medicare recipients; prescription drugs..........................HB 778 Mental health, mental retardation, and substance abuse programs; provision of services; revise ........................................................................HB 100 Motor vehicle insurance; prohibit surcharge; driver clinic attendance......................HB 823 School bus drivers; drug and alcohol testing..................................................................HB 372 Testing; Georgia Bureau of Investigation laboratories.................................................HB 838 Workers' compensation insurance; premium reduction; drug-free workplace........................................................................................................HB 811
DUBLIN AGAINST DRUGS; commend......................................................................HR 456
DUBLIN, CITY OF Board of education; real estate.......................................................................................HB 1094 Board of education; reconstitute........................................................................................HB 13 Elections; terms.................................................................................................................HB 1093
DULUTH, CITY OF; homestead exemption; exception...............................................HB 951
DUNN, SALLY, DON TUCKER, REGINALD BARRY, AND ZACK WADE; invite to House...........................................................................HR 327
DUNWOODY HIGH SCHOOL "WILDCATS" FOOTBALL TEAM; commend ..............................................................................................................HR 594

Refer to numerical index for page numbers

2768

INDEX

E

EARLY COUNTY; board of education; powers.............................................................HB 103
EAST DUBLIN, CITY OF; mayor pro tempore; term................................................HB 918
EAST POINT, CITY OF; building authority; members..............................................HE 905
EASTERN JUDICIAL CIRCUIT; judges; Chatham County supplement ...........HB 1038
EASTMAN, CITY OF; council; vacancies ......................................................................HB 789
EAVESDROPPING Wiretapping; party to communication ..............................................................................HB 48 Wiretapping; party to communication; recording telephone conversation of minor; consent by order of judge .......................................................HB 47 Wiretapping; prohibit intercepting communication between cellular radio telephones; exceptions...........................................................................HB 139
ECHOLS COUNTY; superior court clerk; compensation.............................................HB 342
ECKLES, DOUGLAS GLENN; commend....................................................................HR 589
EDUCATION Administrative proceedings; public record; state agency stationery; telephone number ..........................................................................................SB 70 Adopt five-year budget act for Department of Education - CA.................................HR 103 Alternative incarceration; adult education courses; participation; exception .................................................................................................HB 191 Blind Persons' Literacy Rights and Education Act; enact ..........................................HB 492 Board of Regents; full-time employees; urge tuition remission ..................................HR 388 Board of Regents; limit certain appropriations...........................................................HB 1149 Board of Regents; limitations upon appropriations - CA ............................................HR 555 Board of Regents; urge promotion of black colleges to university status................................................................................................................HR 57 Capital Outlay for Education Task Force and the Education Accountability and Evaluation Commission; create ...................................SR 8 Carrying weapon at school function or on property; searches; reports......................HB 860 Certain local boards; certain fee exemption...................................................................HB 255 Change funding from ad valorem tax to sales and use tax - CA..................................HR 90 Charter schools; provisions...................................................................................................SB 74 Council for School Performance; create.............................................................................SB 73 Counties; Parents' Committee; provisions....................................................................HB 1062 Criminal proceedings; third-year law students as assistants .......................................HB 190 Development impact fees for educational facilities; General Assembly provide by general law - CA........................................................HR 579 Discipline in schools; prohibit corporal punishment.........................................................HB 6 Driver's license; exemptions; driver education course ...................................................SB 245 Driver's license; under age 18; school requirement .......................................................HB 645 Education Accountability and Evaluation Commission; create ..................................HR 398 Education Accountability and Evaluation Commission; create ..................................HR 466 Educational enrichment tax; authorize - CA..................................................................HR 116 Enrollment counts; driver education course...................................................................HB 718 Four-year college in Gordon County; Board of Regents appoint committee to study need..................................................................................HR 60 Garnishment; exempt certain student loans...................................................................HB 417 Health insurance; multiple employer self-insured plan; nonprofit educational organizations; licensing exemption ..........................................SB 17
Refer to numerical index for page numbers

INDEX

2769

EDUCATION (Continued) Home Instruction Program for Preschool Youngsters (HIPPY); urge use................HR 255 House Education Reform Study Committee; create .....................................................HR 516 House Restructuring of the Education System of Georgia Study Committee; create .................................................................................................HR 77 House Third School Meal Study Committee; create ....................................................HR 358 Hunter education courses; age requirement ...................................................................HB 163 Juvenile law enforcement records; inspection by school officials ................................SB 122 Kennesaw State College; urge Board of Regents expand graduate level programs in education.....,....................................................................HR 347 Local school boards; certain meditation procedures; adopt policy .............................HB 582 Local school boards; elected members; appointed school superintendents; students' social security numbers ..................................................HB 300 Local school funds; postsecondary scholarships and loans ..........................................HB 429 Local school superintendents; minimum salary .............................................................HB 248 Lottery prizes; setoff debt collection; establish procedures..........................................SB 104 Mandatory education; age requirement .............................................................................SB 72 Multiyear contracts; repeal; reenact................................................................................HB 330 Nonpartisan elections; certain officials; straight party voting .....................................SB 283 Nonpublic Postsecondary Education Commission; amend provisions .......................HB 929 Nonpublic postsecondary education; public records; exemption ................................HB 938 Olympic Challenge in schools; urge State Board create...............................................HR 303 Open records; certain administrative proceedings; approval .......................................HB 822 Open records; exempt certain research information .....................................................HB 522 Parenting skills instruction; grades 8-12.........................................................................HB 532 Programs; assessment for graduation; exempt school designation ..............................SB 316 Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA ........................HR 262 Proprietary schools; graduate placement requirements................................................HB 953 Public school contracts; local boards; certain banks .....................................................HB 737 Public school employees and retirees; health insurance.............................................HB 1128 Public school retirees; health insurance; continue coverage .........................................SB 352 Quality basic education; add certain goals to Act............................................................SB 43 Quality basic education; child abuse prevention education; require course................................................................................................................HB 1064 Quality basic education; curriculum; sex education and AIDS prevention .............................................................................................................HB 854 Quality basic education; driver's education; program weights; art, music, physical education .......................................................................HB 617 Quality basic education; funding; increase sales tax one percent ...............................HB 613 Quality basic education; Individual Education Program; parental access ................................................................................................................HB 999 Quality basic education; local fair share funds; limitation.....................,.....................HB 282 Quality basic education; local school systems; equal athletic opportunities.....................................................................................................HB 829 Quality basic education; midterm adjustments; training and experience..................HB 937 Quality basic education; secondary credit for postsecondary courses; amend provisions ....................................................................SB 369 Quality basic education; sex education courses; regulations........................................HB 357 Quality basic education; student assessment programs; amend provisions...............HB 850 Quality basic education; summer school program; certain students.........................HB 1130 Quality basic education; teachers; duty-free lunch .......................................................HB 201
School bus drivers; drug and alcohol testing..................................................................HB 372
School buses; load limit ...................................................................................................HB 1029
School bus tire treads; requirements ................................................................................HB 214
School enrollment; social security number; repeal certain requirement....................HB 488
School fund-raisers; sales tax exemption ........................................................................HB 102

Refer to numerical index for page numbers

2770

INDEX

EDUCATION (Continued) School fund-raisers; sales tax exemption ........................................................................HB 512 School systems; multiyear lease purchase contracts; prohibit.......................................HB 45 School systems; multiyear lease purchase contracts; real property prohibition ...............................................................................................HB 233 Schools; standard building plans; State Board compile...............................................HB 460 Service cancelable loans; certain registered nurses .....................................................HB 1103 Sex education and AIDS prevention instruction; certain requirements ....................HB 423 Special one percent sales tax; General Assembly provide - CA....................................HR 53 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA .............................................HR 13 State agencies, schools, and employers; include term "multiracial" on forms ....................................................................................................SB 149 State Board; hearings; notices .............................................................................................SB 45 State flag; required display; public buildings.................................................................HB 637 State public documents; responsibility of director of University of Georgia Libraries...............................................................................HB 463 Substitute teachers; bachelor's degree.............................................................................HB 405 Task Force on Educational Outcomes Based Flexibility; create .....................................SR 7 Teachers and school personnel; contract eligibility ......................................................HB 431 Technical and Adult Education, State Board; personnel...........................................HB 1137 Trademark or service mark; school boards.....................................................................HB 538 University System; American sign language; urge foreign language credit.................................................................................................................SR 128 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create..........HR 117 Weapons prohibited on school property; include bludgeon-type instruments..........................................................................................HB 1100
EDWARDS, HALLIE WARD; commend......................................................................HR 216
EDWARDS, TIMOTHY; commend ..................................................................................HR 47
EFFINGHAM COUNTY Board of commissioners; compensation...........................................................................HB 867 State court judge; salary ....................................................................................................HB 157
ELDER, CHARLES AND MILDRED; commend .....................................................HR 145
ELDERLY Assistive Technology Warranty Act; enact.......................................................................HB 93 Civil action; medical assistance recipient; notice............................................................SB 249 Commerce and trade; solicitation; certain hours ...........................................................HB 193 Elections; vote without waiting........................................................................................HB 988 Georgia Health Care Act; enact......................................................................................HB 1006 Handicapped parking violations; penalties.......................................................................HB 94 Homicide; prohibit assisted suicide.................................................................................HB 415 Homicide; prohibit assisted suicide .................................................................................HB 464 Indigent and elderly health care; county liability .........................................................HB 339 Indigent Care Trust Fund; amend provisions................................................................HB 569 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242 Licensing boards; health and human services; include gerontology or geriatric education................................................................................HR 120 Medical assistance; certain medicare recipients; prescription drugs ..........................HB 778 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Motorized Wheelchair Warranty Act; enact......................................................................SB 11 Older Worker Task Force; create......................................................................................SR 131

Refer to numerical index for page numbers

INDEX

2771

ELDERLY (Continued) Probate court; service of guardian .....................................................................................HB 71 Probation; community service; include service for aged...............................................HB 359 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Rural emergency care needs; urge Long Term Care Technical Advisory Committee to study.....................................................................HR 237 State Housing Trust Fund for the Homeless Commission; amend provisions ............................................................................................................HB 293 Unfair practices against elderly or disabled; regulate; principal and sales representative; definitions............................................................SB 295 University System; urge faculty development initiatives in gerontology and geriatrics fields...................................................................................HR 126
ELECTIONS Alcoholic beverage sales; polling place prohibition; exception....................................HB 182 Amend provisions...............................................................................................................HB 297 Amend provisions...............................................................................................................HB 802 Bipartisan; county commissioners and chairmen ..........................................................HB 241 Campaign activities at polling place; restrictions ..........................................................HB 125 Campaign contributions; disclosure reports; late filing fee..........................................HB 171 Code corrections..................................................................................................................HB 146 Code of ethics for candidates............................................................................................HB 598 Code of Fair Campaign Practices; provisions.................................................................HB 469 Code of Fair Campaign Practices; provisions.................................................................HB 977 Counties and municipalities; referendum provisions ....................................................HB 262 Courts; election of judges ..................................................................................................HB 136 Delivery of returns..............................................................................................................HB 396 Delivery of voting materials to superior court clerk or designee.................................SB 214 Early voting; provisions .....................................................................................................HB 738 Financial disclosure; amend provisions...........................................................................HB 766 Financial disclosure statements; public officers.............................................................HB 644 General Assembly members; fees or honoraria..............................................................HB 448 Late voters; register and vote same day.........................................................................HB 993 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions........................................................................................HB 760 Lobbyist disclosure reports; requirement.......................................................................HB 432 Local school boards; elected members; appointed school superintendents...............HB 300 Majority vote; exception for federal office .......................................................................HB 54 Municipal elections; "None of the Above" selection on ballot; runoffs.....................HB 739 Municipalities; purging voter registration lists..............................................................HB 305 Municipalities; use county registration system ..............................................................HB 608 Nomination and qualifying petitions; amend provisions..............................................HB 606 Nonpartisan elections; certain officials; straight party voting .....................................SB 283 Notice of certain federal candidacy; ballot.....................................................................HB 494 Persons over age 65; vote without waiting......................................................................HB 988 Political action committees; connected organization ....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151 Presidential preference primary; amend provisions......................................................HB 897 Prohibited activities; posting notice at polling place ....................................................HB 370 Registrars; nomination or election to office ...................................................................HB 304 Registration requirement; public assistance recipients.................................................HB 387 Special elections; vacancies in office................................................................................HB 189 State Election Board; duties; powers...............................................................................HB 298 Superior court judges; nonpartisan elections; plurality; ballots ................................HB 1026 U. S. senators and representatives from Georgia; term limitation.............................HB 331 Voter registration; amend provisions...............................................................................HB 295 Voter registration; driver's license examiners ................................................................HB 187

Refer to numerical index for page numbers

2772

INDEX

ELECTIONS (Continued) Voter registration; driver's license examiners ................................................................HB 611 Voter registration; identification or documentation......................................................HB 437 Withdrawal of candidate at general election; provisions..............................................HB 609 Withdrawal of nominated candidate ...............................................................................HB 376
ELECTRICAL SERVICE Electricity for chlor-alkali processes; sales tax exemption...........................................HB 347 Energy resources; Tax Disclosure Act; enact ...............................................................HB 1156
ELLAVILLE, CITY OF Ellaville-Schley County Charter Commission; create .................................................HB 1076
ELLIOTT, "MARK" HARRISON; commend..............................................................HR 146
ELLIS GIBBS ARNALL TRIBUTE COMMISSION; create................................SR 156
ELLIS, JODI LEDEANA; commend .............................................................................HR 588
EMANUEL COUNTY Development authority; terms..........................................................................................HB 731 Motor vehicles; designated registration periods.............................................................HB 730
EMERGENCIES AND EMERGENCY SERVICES Ambulances; license fees; Indigent Care Trust Fund ...................................................HB 593 Covenants running with the land; antennae installation; amateur radio operators...............................................................................................HB 1134 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions............................................................HB 894 Emergency rooms; life-threatening conditions; prohibit certain delays.....................HB 857 Emergency "911" system; joint authorities; military bases .........................................HB 719 Emergency "911" system; public authority to operate; local governments create..............................................................................................HB 1024 House State Emergency Management Study Committee; create .................................HR 51 Human body parts; removal from scene of death .........................................................HB 686 Indigent and elderly health care; county liability .........................................................HB 339 Indigent Care Trust Fund; amend provisions................................................................HB 569 Medical technicians, paramedics, and cardiac technicians; recertification; amend provisions ..................................................................................SB 263 Motor common carrier and motor contract carrier; ambulances................................HB 242 Motor vehicle insurance surcharge; accidents with emergency medical technicians or firefighters.............................................................HB 69 Rural elderly; urge Long Term Care Technical Advisory Committee to study emergency care needs ................................................................HR 237 Sales of certain goods during declared emergency; prohibit price increase ...................................................................................................HB 173 State Defense Force; amend provisions ..........................................................................HB 969 State Defense Force; amend provisions ...........................................................................SB 368 Uniform rules of the road; emergency medical technicians; certain privileges ...............................................................................................................HB 61 Willful obstruction of emergency medical technician; prohibitions; penalties....................................................................................................HB 659 Wreckers; provisions...........................................................................................................HB 711
EMINENT DOMAIN; condemnation award; set off by water or tax liens ..............HB 989
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Child support; certain unemployed parents; job training ............................................HB 455

Refer to numerical index for page numbers

INDEX

2773

EMPLOYMENT (Continued) Child support; certain unemployment; job training......................................................HB 579 Civil liability immunity from disclosure of employee job performance......................SB 175 Civil liability immunity from disclosure of information concerning former employee .........................................................................................HB 210 Georgia Equal Employment Opportunity Act; enact......................................................HB 97 Income tax; corporations; dividends from outside the United States; job tax credit..................................................................................HB 536 Income tax withholding; employer's liability .................................................................HB 312 Labor pools; amend regulations........................................................................................HB 389 Labor unions; nonmembers; representation charge.......................................................HB 703 Public Employees Labor Relations Act; enact.................................................................HB 99 State government; employment in more than one branch; exception to prohibition ................................................................................................HB 668 Termination contrary to public policy; prohibit............................................................HB 665 Unemployment compensation; workers' compensation; independent contract carriers .......................................................................................HB 678 Workers' compensation; less than 7 employees; applicability .....................................HB 771 Workers' compensation; self-insurance funds; similar classification ..........................HB 639
ENERGY RESOURCES; Tax Disclosure Act; enact .................................................HB 1156
ENGINEERS AND LAND SURVEYORS; State Board; create...........................HB 1135
"ENGINEERS DAY" IN GEORGIA; recognize February 9, 1993...........................HR 189
ENGLE, BESSIE MARIE; commend...............................................................................HR 30
ENGLE, EDWARD "BUTCH"; commend ......................................................................HR 29
ENIGMA, CITY OF; new charter ..................................................................................HB 1110
ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) Air pollution control; odor-causing chemicals; limitations...........................................HB 178 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Environmental Justice Act; enact ....................................................................................HB 368 Environmental Protection Division; hazardous site inventory .....................................SB 294 Erosion and Sedimentation Act; land-disturbing activities .........................................HB 566 Global warming and air pollution; relative to.................................................................SR 173 Hazardous waste management; certain chemicals; fees................................................HB 366 Hazardous waste; petroleum contaminated soil; limits ................................................HB 975 Income tax credit; recycling manufacturing facility......................................................HB 587 Lakes; water quality standards; adopt............................................................................HB 558 Motor vehicle emission inspections; extend to all counties .........................................HB 623 Multiple beverage containers; certain nonbiodegradable packaging; prohibit .........................................................................................................HB 203 Pollution Prevention Assistance Division; establish ......................................................SB 200 Solid waste disposal site; approval of electors ...............................................................HB 560 Solid waste management; requirements for service reduction and recycling..................................................................................................HB 367 Solid waste management; scrap tire disposal; yard trimmings; amend provisions........................................................................................HB 257 Solid waste permits; certain facilities; extend date.......................................................HB 215 Waste disposal; marine toilets on Lake Blue Ridge; prohibitions ..............................HB 528 Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water and wastewater systems; operators and laboratory analysts; training by Environmental Protection Division ........................................HB 283

Refer to numerical index for page numbers

2774

INDEX

ENVIRONMENTAL PROTECTION (Also, see Conservation and Natural Resources or Hazardous Substances) (Continued) Water pollution; combined sewer overflow system; sanctions........................................SB 19 Water pollution control; sludge land application ..........................................................HB 228
EQUAL RIGHTS Abortion; Civil Rights Protection Act; enact .................................................................HB 716 Abortion; Female's Right to Know Act; enact ...............................................................HB 602 American Indians; protection of burial objects; recognize tribes................................HB 725 Bids in certain counties; responsible bidder...................................................................HB 280 Commission on Women; per diem allowance ...................................................................HB 68 Contract awards; certain counties; nondiscrimination..................................................HB 610 Georgia Equal Employment Opportunity Act; enact......................................................HB 97 Older Worker Task Force; create......................................................................................SR 131 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create ............................................HB 67 Public works contracts; certain counties; female business enterprises ......................HB 281 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Recognize certain American Indian tribes; remittance of certain abandoned property ..........................................................................................HB 265 State agencies, schools, and employers; include term "multiracial" on forms....................................................................................................SB 149 State contracts; minority business participation ...........................................................HB 675 State contracts; minority business participation ............................................................SB 207
ESTATES Lost or destroyed will; presumption of revocability; applicability ..............................SB 256 Year's support; define child ...............................................................................................SB 172
EUHARLEE, CITY OF; mayor's court; maximum fme.............................................HB 1055
EVANS COUNTY; board of commissioners; compensation.......................................HB 1035
EVANS, DALE AND ROY ROGERS; commend.......................................................HR 273
EVIDENCE Criminal procedure; discovery and inspection; disclosure............................................HB 828 Criminal procedure; suppression of evidence; warrant unsupported by probable cause.....................................................................................SB 113 Deprived children; disposition; certain prosecution; evidence of family violence or child abuse ......................................................................SB 3 Expert witnesses; qualification provisions; malpractice action .................................HB 1025 Facsimile transmission; admissibility ............................................................................HB 1120 Facsimile transmission; reproduction of original copies................................................SB 244 General Assembly; Ethics Committees; subpoena provisions......................................HB 972 Law enforcement officers and arson investigators; witness fees ...................................HB 40 Pharmacists; privileged medical information .................................................................HB 510 Pharmacists; privileged medical information ..................................................................SB 154 Psychologists and psychiatrists; privileged communications .......................................HB 194 Sexual offenses; amend provisions...................................................................................HB 666
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Alcoholic beverages; tax payments; refund or credit; delivery of wine by wholesalers ....................................................................................HB 551 Certain food service establishments ................................................................................HB 578 Cigarettes; increase...........................................................................................................HB 1007 Distilled spirits; unpaid taxes; prohibit sales or possession.........................................HB 552 Hotels and motels; aviation museums.............................................................................HB 346

Refer to numerical index for page numbers

INDEX

2775

EXCISE TAX (Continued) Hotels and motels; certain local facilities.......................................................................HB 472 Hotels and motels; pedestrian walks and trails .............................................................HB 208 Lottery ticket sales...............................................................................................................HB 56 Malt beverages; home production; amount per year.....................................................HB 197 Tobacco products other than cigars and cigarettes.......................................................HB 681
EXECUTIONS AND JUDICIAL SALES Tax executions; transferees ...............................................................................................HB 563 Tax sales; political subdivisions purchasing property; amount...................................HB 565

F

FAMILY (Also, see Domestic Relations) Aid to families with dependent children; revise provisions...........................................HB 85 Child Abuse Prevention Panel; change name from Child Fatality Review Panel; amend provisions....................................................................SB 234 Child abuse reports; access; sexual abuse of minor defined .............................................SB 2 Child abuse reports; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined ...................................SB 1 Children and Youth Services, Department of; authority to apprehend; unruly and delinquent children ..........................................................HB 299 Children and Youth Services, Department of; certain law enforcement powers; unruly and delinquent children ..............................................HB 296 Day-care centers; vans or buses; lighting requirements ...............................................HB 571 Deprived children; disposition; certain prosecution; evidence of family violence or child abuse ......................................................................SB 3 Dispossessory proceedings; reports to Department of Family and Children Services ....................................................................................................HB 723 Foster parents; records checks..........................................................................................HB 168 Georgia Child Care Council; staggered terms; repeal automatic repealer ...........................................................................................................SB 197 Health insurance; basic plan; include certain Medicaid recipients .............................SB 210 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Professional counseling, social work, and marriage and family therapy; definitions; licensing requirements...................................................SB 137 Public assistance; revise services.........................................................................................SB 26 Violence; arrest of perpetrator; victim's wishes .............................................................HB 534
FANNIN COUNTY HIGH SCHOOL LADY REBELS; commend......................HR 593
FANNIN COUNTY 9 AND 10 YEAR OLD GIRLS BASKETBALL TEAM; commend ..............................................................................HR 592
FARMS AND FARM PRODUCTS Ad valorem taxation of farm equipment; General Assembly provide by law - CA.....................................................................................HR 609 Ad valorem tax; exempt blueberry plants ......................................................................HB 664 Ad valorem tax; fair market value; current use property; timber ..............................HB 906 Agricultural or aquacultural perishable products; action for disparagement ...............................................................................................HB 124 Agriculture, Department of; assist United States Department of Agriculture in product inspection........................................................SB 18 Commercial drivers' licenses; agricultural industry.......................................................HB 759
Refer to numerical index for page numbers

2776

INDEX

FARMS AND FARM PRODUCTS (Continued) Honey Price Support Program; urge Agriculture Secretary and Congress support.....................................................................................................HR 410 Horticultural Growing Media Act; enact ........................................................................HB 421 International trade agreements affecting peanut farmers; urge caution .....................................................................................................HR 131 Prompt payment for produce; certificate of receipt......................................................HB 341 Sales and use tax; definitions; farm equipment repair .................................................HB 749 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.......................................................................................HB 693 Sales tax exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.......................................................................................HB 786 Sales tax exemption; food for human consumption......................................................HB 526 Sales tax; fabrication; exempt routine repair of farm equipment.................................HB 74 Security interest in future crops; sharecropper's portion...............................................HB 73 Security interests; perfected production loans.................................................................HB 75 Tractors, farm equipment, heavy equipment, and motor vehicles; regulation of distribution...............................................................................HB 454 Uniform Commercial Code; amend..................................................................................HB 244
FAYETTE COUNTY Board of commissioners; compensation.........................................................................HB 1045 Board of education; compensation...................................................................................HB 612
FEDERAL GOVERNMENT Agriculture, Department of; assist United States Department of Agriculture in product inspection........................................................SB 18 Certain federal lawsuit; urge Governor refrain from settling ........................................HR 52 Certain parks and recreation lands; development; urge Congress appropriate funds ..........................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds..........................................................................................HR 436 Childhood immunization program; urge use of certain federal funding....................HR 504 Community Right-to-Know Trust Fund; General Assembly provide by general law - CA.........................................................................................HR 241 Contracts; petroleum products; federal tax reimbursement ........................................HB 797 Contracts; petroleum products; federal tax reimbursement ........................................HB 891 Counties and municipalities; participation in federal programs; expenditures..................................................................................................HB 728 Defense Finance and Accounting Services facility; establish.........................................SB 30 Elections; majority vote; exception for federal office .....................................................HB 54 Elections; notice of certain federal candidacy; ballot...................................................HB 494 Federal funds for federally mandated programs; urge Congress propose constitutional amendment.............................................................HR 260 Federal Intermodal Surface Transportation Efficiency Act of 1991; department of Transportation implement ...........................................HB 669 Federal tax law; incorporate provisions into state tax law..........................................HB 218 Federal tax liens; filing; superior court clerk....................................................................SB 85 Hartsfield Atlanta International Airport; urge designation of import and export equine facility ......................................................HR 433 Highway definitions; include transportation enhancement activities.........................HB 883 Highway definitions; include transportation enhancement activities .........................SB 333 Highways; Interstate Rail Passenger Network Compact; enact ..................................HB 966 Homosexuals in military; preserve ban prohibiting; urge Congress ...........................HR 234 Honey Price Support Program; urge Agriculture Secretary and Congress support.....................................................................................................HR 410 International trade agreements affecting peanut farmers; urge caution....................HR 131

Refer to numerical index for page numbers

INDEX

2777

FEDERAL GOVERNMENT (Continued) Local government; certain property in adjoining county; prohibit purchase............................................................................................................HB 715 Medical assistance; certain medicare recipients; prescription drugs..........................HB 778 Military activity not authorized by Congress; urge Congress not fund .....................HR 417 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Presidential preference primary; amend provisions......................................................HB 897 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Reapportionment; congressional districts 2, 3, and 8; state Senate; certain districts .......................................................................................HB 964 Regulatory burden on banks; urge Congress to reduce ..................................................HR 85 School enrollment; social security number; repeal certain requirement....................HB 488 Special license plates; retired members of armed forces...............................................SB 367 State agencies, schools, and employers; include term "multiracial" on forms ....................................................................................................SB 149 U. S. representatives and senators from Georgia; term limitation .............................HB 331 U. S. representatives and senators from Georgia; term limitations - CA....................HR 11 United States Army Corps of Engineers; urge remaining in Savannah.....................HR 311 Voluntary prayer in schools; urge Congress to restore ...................................................HR 22 Voluntary prayer in schools; urge Congress to restore ...................................................HR 23 Workers' Compensation Board; access to records of fatal cases..................................SB 103
FERTILIZER; Horticultural Growing Media Act; enact...............................................HB 421
FIDUCIARIES Authority to renounce interest in property .....................................................................SB 189 Financial institutions; affiliate transfers; trust powers..................................................SB 346
FINANCIAL INSTITUTIONS Affiliate transfers; trust powers.........................................................................................SB 346 Amend provisions; remote service terminals; safety procedures ..................................SB 355 Automated teller machines; safety...................................................................................HB 884 Public funds; security interest; bank other than depository ........................................SB 359 Special purpose bank or credit card bank; conditions for approval............................SB 347
FINES AND FORFEITURES Certain traffic offenses; administrative fee ..................................................................HB 1162 Controlled substances; claims ...........................................................................................HB 712 Controlled substances; forfeitures; disposition................................................................SB 237 County and state ordinances; violations; maximum fine..............................................HB 896 Superior court clerk; distribution of fines; priorities.....................................................SB 156
FIRE PROTECTION Arson investigators; witness fees; arson enforcement; responsibility of GBI........................................................................................................HB 40 Blasters; licensing provisions............................................................................................HB 866 Blasting on property adjacent to residential property; quarries .................................HB 973 Firefighters' Recognition Day; 21st annual; commend .................................................HR 253 Firemen's Pension; amend provisions ................................................................................SB 83 Firemen's Pension; postretirement benefit increases.....................................................SB 142 Firemen's Pension; service credit for prior service........................................................HB 821 Fireworks; regulate storage................................................................................................HB 286 Handicapped persons; public facilities; accessibility.....................................................HB 865 Motor vehicle insurance surcharge; accidents with emergency medical technicians or firefighters .............................................................HB 69 Motor vehicle racetracks; licensing; Safety Fire Commissioner ..................................HB 213 Personal care home; rename adult residential care home............................................HB 848

Refer to numerical index for page numbers

2778

INDEX

FIRE PROTECTION (Continued) Retirement systems standards; repeal certain exemption for Firemen's Pension Fund..........................................................................................HB 234 Safety fire commissioner; permit fees; compressed natural gas for vehicular fuel........................................................................................HB 386 Special license plates; additional fees; delete requirement..........................................HB 698 Special license plates; firefighters; delete fee.................................................................HB 291 State building codes; extensively revise provisions.......................................................HB 505
FIREARMS Carrying weapon at school function or on property; searches; reports ......................HB 860 Crimes; commission by felon while using .......................................................................HB 832 Dangerous practices; machine gun or firearm with silencer; penalties ......................HB 652 Game and fish; hunter education; certification requirement; nonresident licensing ..............................................................................HB 597 Possession by certain city and county officials..............................................................HB 490 Possession; marijuana offense; penalty ...........................................................................HB 765 Prisons; furnishing to prisoners prohibited......................................................................HB 29 Revenue Department; enforcement officer; retain weapon or badge on retirement..................................................................................................HB 311 Sales; dealer provisions; records checks..........................................................................HB 732 Sales; records checks .............................................................................................................SB 12
FIREFIGHTERS' RECOGNITION DAY; 21st annual; commend.........................HR 253
FISH AND FISHING (Also, see Game and Fish) Public fishing area; fee ....................................................................................................HB 1125 Ranger; retain weapon and badge; bears constituting threat; removal.......................SB 306 Saltwater recreational fishing; licensing..........................................................................HB 594
FLAGS State flag; change design .....................................................................................................HB 57 State flag; change design ...................................................................................................HB 160 State flag; change design ...................................................................................................HB 794 State flag; change design......................................................................................................SB 71 State flag; change design; referendum.............................................................................HB 356 State Flag Commission; create...........................................................................................HR 15 State flag; required display; public buildings.................................................................HB 637
FLANAGAN, ROBERT B.; condolences........................................................................HR 142
FLEMING, ANNETTE; commend....................................................................................HR 73
FLOVILLA, CITY OF; new charter................................................................................HB 888
FLOYD COUNTY Armed Forces Day; commend...........................................................................................HR 183 Board of commissioners; residence requirement..........................................................HB 1079
FLOYD L. NORTON BRIDGE; designate ...................................................................HR 119
FOOD Agricultural or aquacultural perishable products; action for disparagement ...............................................................................................HB 124 Excise tax; certain food service establishments .............................................................HB 578 Food service establishment; nonsmoking area...............................................................HB 791 Nutritional Freedom Day; declare February 17, 1993 ..................................................HR 272 Sales tax exemption; food for human consumption......................................................HB 526
FORBES, RICHARD M.; condolences ...........................................................................HR 447
FORD, SHEROLYN;commend........................................................................................HR 292

Refer to numerical index for page numbers

INDEX

2779

FORD MOTOR COMPANY Atlanta Assembly Plant; commend; invite representative to House..........................HR 346 Hapeville Plant; commend................................................................................................HR 308
FORECLOSURE; condominiums; amend provisions ....................................................HB 572
FORESTS AND PLANT RESOURCES Ad valorem tax; fair market value; current use property; timber ..............................HB 906 Highways; length of vehicle loads; unprocessed forest products.................................HB 660 Motor common carrier and motor contract carrier; pulpwood trailers and pole trailers................................................................................................HB 242 Registered forester; requirements for registration..........................................................SB 117 State Forestry Commission; unpaid volunteers; authorization ......................................SB 51 Timber; sales by tonnage or pounds................................................................................HB 360
FORSYTH, CITY OF; mayor and council; recorder's court........................................HB 696
FOSTER PARENTS ASSOCIATION OF GEORGIA; commend.........................HR 352
FOSTER, SHERIFF JOE E.; commend.........................................................................HR 557
FOSTER, TERRI; commend .............................................................................................HR 561
4-H DAY AT CAPITOL; recognize; invite winners and president to House ...............................................................................................................HR 21
FOWLER, BUREN, KEVN KINNEY, TIM NIELSEN, AND JEFF SULLIVAN; commend............................................................................HR 231
FRANKLIN COUNTY Board of commissioners; chairman's compensation .......................................................SB 362 Probate court judge; compensation ..................................................................................SB 363 Superior court clerk; compensation..................................................................................SB 364 Tax commissioner; compensation......................................................................................SB 365
FRAUD Bad check diversion program; Attorney General establish........................................HB 1148 Bad check issuance; postdated check; applicability ......................................................HB 467 Bad checks; present consideration; definition.................................................................SB 223 Personal care home; employee records checks; definition of crime............................HB 650
FREEMAN, DR. THOMAS JEFFERSON; commend ..............................................HR 325
FUEL (See Gas, Gasoline and Gas Service)
FULTON COUNTY Bids; responsible bidder ....................................................................................................HB 280 Board of commissioners; compensation...........................................................................HB 371 Board of commissioners; districts ....................................................................................HB 440 Board of commissioners; districts ....................................................................................HB 808 Board of commissioners; districts .....................................................................................SB 265 Board of commissioners; membership .............................................................................HB 439 Board of education; compensation.................................................................................HB 1072 Board of education; president.........................................................................................HB 1092 Certain bonds; repeal local constitutional amendment ................................................HB 625 Certain local constitutional amendment; repeal............................................................HB 355 Commercial use of certain airport; referendum..............................................................SB 351 Contract awards; nondiscrimination................................................................................HB 610 Convey property..................................................................................................................SR 118 Fulton County Recreation Study Commission; create..................................................HR 374 Homestead exemption; certain residents ......................................................................HB 1084 Hospital authorities; payment for services; limitations ................................................HB 256

Refer to numerical index for page numbers

2780

INDEX

FULTON COUNTY (Continued) Joint board of tax assessors; repeal Act creating ..........................................................HB 277 Lease property .....................................................................................................................SR 226 Library facility; discontinuation..........................................................................................SB 96 Public works contracts; female business enterprises.....................................................HB 281 Public works contracts; nondiscrimination.....................................................................HB 607 Purchasing; amend bid provisions ......................................................................................SB 97 School employees pension fund; amend provisions.......................................................HB 913 State court; add judge.........................................................................................................SB 212 Superior court; General Assembly Ethics Committees; subpoena provisions................................................,.......................................................HB 972
FUNERAL DIRECTORS; continuing education..........................................................HB 223

G

GAINES, ODESSA; commend..........................................................................................HR 460
GAINESVILLE, CITY OF Board of education; provisions ...........................................................................................HB 58 Board of education; provisions .........................................................................................HB 841 Utility fees outside corporate limits ................................................................................HB 945 Utility fees outside corporate limits ..............................................................................HB 1074
GAINESVILLE HIGH SCHOOL 1992 GIRLS BASKETBALL TEAM; commend...............................................................................................................HR 565
GAMBLING Bingo; prizes; maximum amount.......................................................................................SB 114 Distilled spirits; retail dealers; promote lottery ..............................................................SB 206 Gambling on "voyages to nowhere"; prohibit ................................................................HB 898 Lottery; lien against winnings by state agencies ...........................................................HB 724 Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Pari-mutuel wagering; General Assembly regulate by law - CA.................................HR 606 Raffles by nonprofit organizations; provisions - CA.....................................................HR 133 Raffles by nonprofit organizations; provisions - CA.....................................................HR 309 Raffles by nonprofit organizations; provisions - CA.....................................................HR 434 Raffles by nonprofit organizations; provisions - CA......................................................SR 107 Recreational bingo; provisions..........................................................................................HB 174 Recreational bingo; provisions.............................................................................................SB 24
GAME AND FISH Bears; certain killing authorized ......................................................................................HB 112 Bears constituting threat; removal; ranger; retain weapon and badge .......................SB 306 Fishing in public fishing area; fee..................................................................................HB 1125 Hunter education; certification requirement; nonresident licensing ..........................HB 597 Hunter education courses; age requirement ...................................................................HB 163 Hunting bears; increase bag limit ....................................................................................HB 285 Hunting deer; certain crossbows during archery season...............................................HB 877 Hunting does in certain counties; prohibit.....................................................................HB 245 Saltwater recreational fishing; licensing..........................................................................HB 594 Unlawful enticement of game; prohibit hunting on baited field.................................HB 420 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635
Refer to numerical index for page numbers

INDEX

2781

GANT, KENNETH "THE SHARK"; invite to House ...............................................HR 317
GARBA, CALEB; commend ..............................................................................................HR 627
GARNISHMENT; certain student loans; exemption....................................................HB 417
GAS, GASOLINE AND GAS SERVICE Alcoholic beverages; prohibit sale for consumption at gasoline retail outlets.....................................................................................................HB 202 Compressed natural gas for vehicular fuel; safety fire commissioner; permit fees......................................................................................HB 386 Contracts; petroleum products; federal tax reimbursement ........................................HB 797 Contracts; petroleum products; federal tax reimbursement ........................................HB 891 Energy resources; Tax Disclosure Act; enact...............................................................HB 1156 Hazardous waste; petroleum contaminated soil; limits ................................................HB 975 Motor fuel tax; compressed petroleum gas; gallon equivalent .....................................SB 141 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Weights and measures; compressed natural gas; gallon equivalent............................HB 928
GAY, TOWN OF; ordinance violations; penalties ...........................................................SB 385
GEARING, REVEREND AND SISTER C. D., JR.; commend .............................HR 435
GENERAL ASSEMBLY Adjourn 1/15/93; reconvene 2/1/93......................................................................................HR 8 Adjourn 2/12/93; reconvene 2/15/93 .................................................................................SR 160 Adjourn 2/19/93; reconvene 2/22/93 ................................................................................HR 323 Adjourn 2/26/93; reconvene 3/1/93 ...................................................................................SR 225 Adjourn 3/5/93; reconvene 3/8/93 ....................................................................................HR 424 Adjourn 3/10/93; reconvene 3/15/93 .................................................................................SR 276 Adjourn 3/17/93; reconvene 3/22/93 .................................................................................SR 327 Adjourn sine die 3/23/93 ...................................................................................................HR 541 Adjourn sine die; amend HR 541.....................................................................................HR 610 Adjourn sine die; amend HR 610......................................................................................SR 370 Appropriations; authorize Governor to reduce - CA.......................................................HR 94 Appropriations bills; amendments or substitutes; printing requirement...................HB 307 Bills and resolutions; prefiling..........................................................................................HB 117 Bills and resolutions; prefiling..........................................................................................HB 170 Bills and resolutions; profiling...........................................................................................SB 203 Bills; filing during interim.................................................................................................HB 188 Bills or resolutions requiring expenditure of funds by local governments; fiscal note - CA...............................................................................HR 58 Bills raising revenue; approval by voters - CA................................................................HR 12 Budgetary Accountability and Planning Act; Budgetary Responsibility Oversight Committee; Fair and Open Grants Act ...........................SB 335 Budgetary Responsibility Act of 1993; enact ...................................................................HB 41 Ethics Committees; subpoena provisions........................................................................HB 972 Expenses and per diem of members..................................................................................HB 80 Fees or honoraria................................................................................................................HB 448 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report................................................................................................HB 427 Four-year terms; elected state officials; limit terms - CA............................................HR 130 Four-year terms; four-term limit - CA..............................................................................HR 79 Full-time officials; salary supplement .............................................................................HB 663 General appropriations; conference committee report; requirements ........................HB 646 General appropriations; FY 1993-94................................................................................HB 259 General bills; limit number by each member - CA.......................................................HR 194

Refer to numerical index for page numbers

2782

INDEX

GENERAL ASSEMBLY (Continued) General bilk raising revenue; two-thirds vote required - CA........................................HR 92 General bills raising revenue; two-thirds vote required - CA........................................HR 95 General bills raising revenue; two-thirds vote required - CA......................................HR 193 Joint Session; Governor's message .......................................................................................HR 4 Joint Session; Governor's message .......................................................................................HR 7 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges .................................................................................HR 5 Joint Session; message from Chief Justice of Supreme Court ........................................HR 6 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242 Lobbyist disclosure reports; requirement .......................................................................HB 432 Lobbyists; ethics training courses ....................................................................................HB 392 Notify Governor; General Assembly convened ...................................................................SR 4 Political contributions by corporations; prohibit...........................................................HB 151 Reapportionment; congressional districts 2, 3, and 8; state Senate; certain districts .......................................................................................HB 964 Reapportionment; House of Representatives; certain districts ...................................HB 787 Reapportionment; House of Representatives; districts 110 and 123..........................HB 672 Reapportionment; House of Representatives; districts 113 and 114..........................HB 702 Require quorum for countable day - CA........................................................................HR 264 Senate; staggered four-year terms - CA............................................................................HR 59 State auditor; nomination and election; provide ...........................................................HR 427 State budgetary processes; amend provisions ................................................................HB 923 State government; employment in more than one branch; exception to prohibition ................................................................................................HB 668 Statewide telecommunications network; certain retirees .............................................HB 589 Supplemental appropriations; FY 1992-93 .......................................................................HB 86 Supplemental appropriations; FY 1992-93 .....................................................................HB 104 Supplemental appropriations; FY 1992-93 .....................................................................HB 121 Supplemental appropriations; FY 1992-93 .....................................................................HB 177 Supplemental appropriations; FY 1992-93; Department of Labor .............................HB 349 Supplemental appropriations; FY 1993-94 .....................................................................HB 105 Taxes or fees; laws providing for or increasing; required vote - CA...............................SR 6 Term limitations - CA .........................................................................................................HR 11 Term limitations - CA ............................................................................................................SR 5
GENERAL RON GRIFFITH HIGHWAY; designate.................................................SR 228
"GEORGIA BLUEBERRY WEEK"; recognize ...........................................................HR 648
GEORGIA BUILDING AUTHORITY Method of borrowing money.............................................................................................HB 161 Purchases; life cycle costs...................................................................................................SB 192
GEORGIA BUREAU OF INVESTIGATION (GBI) Arson enforcement responsibility; law enforcement officers and arson investigators; witness fees.............................................................................HB 40
GEORGIA CITIZENS FOR THE ARTS; commend .................................................HR 154
GEORGIA COASTAL PLAIN EXPERIMENT STATION Commend faculty and staff...............................................................................................HR 465
GEORGIA DIVISION OF THE SONS OF CONFEDERATE VETERANS; commend...................................................................................................HR 399
GEORGIA PARENT-TEACHER ASSOCIATION; commend ..............................HR 176
GEORGIA PEACH FESTIVAL; invite representative to House................................HR 19

Refer to numerical index for page numbers

INDEX

2783

GEORGIA RECREATION AND PARK ASSOCIATION Commend.............................................................................................................................HR 144 Invite members to House ..................................................................................................HR 191
GEORGIA RURAL WATER ASSOCIATION; commend.......................................HR 137
GEORGIA SCHOOL FOR THE DEAF FOOTBALL TEAM, COACHES, AND STAFF; invite to House................................................................HR 239
GEORGIA STATE ASSOCIATION OF THE IMPROVED BENEVOLENT PROTECTIVE ORDER OF ELKS OF THE WORLD; commend................................................................................................HR 538
GEORGIA STATE CLOGGING FESTIVAL; recognize..........................................HR 147
GEORGIA STATE DEFENSE FORCE; commend....................................................HR 163
GEORGIA TECH Berenato, Coach Agnus; commend...................................................................................HR 319 Blackmon, Coach Puggy; commend.................................................................................HR 321 Fowlkes, Coach Buddy; commend ...................................................................................HR 320 Host for 1993 National Collegiate Athletic Association's Women's Final Four basketball championship; commend.......................................HR 220 Lady Jackets Basketball Team; commend .....................................................................HR 221 Morris, Coach Jim; commend...........................................................................................HR 322
GEORGIA YOUTH ASSEMBLY; commend students selected as officials ...........HR 613
GILL, L. CARLTON; commend .......................................................................................HR 160
GILMER COUNTY; grant easement...............................................................................HR 121
GINGRICH, HONORABLE NEWT; invite to House ................................................HR 181
GLYNN COUNTY Convey property ..................................................................................................................SR 200 State court solicitor; compensation.....................................................................................SB 75
GOODWIN, HONORABLE BILL; oath of office .......................................................Page 10
GORDON COUNTY; homestead exemption; certain residents ..................................HB 971
GOVERNOR Appropriations; authorize Governor to reduce - CA.......................................................HR 94 Certain federal lawsuit; urge Governor refrain from settling ........................................HR 52 Communications ...................................................................................................Pages 48, 53, 59 International trade agreements affecting peanut farmers; urge caution....................HR 131 Joint Session; Governor's message.......................................................................................HR 4 Joint Session; Governor's message.......................................................................................HR 7 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges .................................................................................HR 5 Land acquisition; certain metropolitan Atlanta sites; urge consideration...........................................................................................................HR 467 Notify Governor; General Assembly convened ...................................................................SR 4 Planning and Budget employees; unclassified service; Governor's Development Council; revise .......................................................................SB 29 Public Service Commission; Governor appoint; nominating commission; General Assembly provide by law - CA................................................HR 214
GRANTS Charter schools; provisions...................................................................................................SB 74 Fair and Open Grants Act; Budgetary Accountability and Planning Act; Budgetary Responsibility Oversight Committee ...............................SB 335

Refer to numerical index for page numbers

2784

INDEX

GRANTS (Continued) Fair and Open Grants Act of 1993; enact.........................................................................HB 18 Fair and Open Grants Act of 1993; enact.........................................................................HB 36 Fair and Open Grants Act of 1993; enact............................................................................SB 4 Hospital authorities; public health purposes..................................................................HB 183 Unimproved state owned real property; eligibility.........................................................SB 202
GRANTVILLE, CITY OF; mayor and council; staggered terms ...............................HB 833
GRAY, REBECCA NEWKIRK; condolences ...............................................................HR 391
GRAYSON, CITY OF; mayor and council; terms.........................................................HB 135
GRAYSVILLE ELEMENTARY SCHOOL; commend.............................................HR 206
GREATER PINEY GROVE BAPTIST CHURCH; commend...............................HR 632
GREEN, MR. AND MRS. CLARENCE; commend ...................................................HR 293
GREENE COUNTY Board of commissioners; districts....................................................................................HB 456 Board of education; districts.............................................................................................HB 459
GREENE, HONORABLE GERALD E.; communications ............................Pages 150, 151
GREENSBORO, CITY OF; recorder's court; punishment ..........................................HB 129
GRIFFIN BEARS 1992 BASKETBALL TEAM; commend..................................HR 478
GRIFFIN, CITY OF; Griffin-Spalding County; board of education; districts ...........................................................................................HB 1070
GROGAN, ANTHONY Q.; commend .............................................................................HR 281
GROGAN, JOANNE; miss Cobb County of 1993; commend ......................................HR 159
GROOVER, HONORABLE DENMARK, JR.; communication..............................Page 56
GRUHN, BOBBY; commend.............................................................................................HR 251
GUARDIAN AND WARD Fiduciaries; authority to renounce interest in property ................................................SB 189 Probate court; service of guardian for minor or incapacitated adult ...........................HB 71 Wrongful death of spouse or parent; minors; division of recovery..............................SB 173
GUNTER, HONORABLE JACK N.; commend..........................................................HR 337
GUNTER, JOHN E., PH.D.; commend ..........................................................................HR 300
GWINNETT COUNTY Board of education; salary .................................................................................................SB 298 Chief magistrate; compensation .....................................................................................HB 1102 Magistrate court; law library fees ....................................................................................HB 425 Recorder's court; clerk's compensation ...........................................................................HB 422 State court; add judge........................................................................................................HB 921

H
HABERSHAM COUNTY; convey property ..................................................................HR 229 Refer to numerical index for page numbers

INDEX

2785

HAGGRAY, GEORGIA MAE; commend ......................................................................HR 247
HAISTEN, KATHRYN ELIZABETH POPE; commend.........................................HR 473
HALE, CARL JUAN; commend ......................................................................................HR 171
HALL COUNTY Board of commissioners; districts....................................................................................HB 643 Board of education; nonpartisan elections....................................................................HB 1034 Convey property..................................................................................................................HR 228 Convey property..................................................................................................................SR 118 Homestead exemption; certain residents .........................................................................SB 384
HALL, JAMES B.; Ambassador of Goodwill for HIV/AIDS; commend....................HR 508
HALL, SHERIFF MARCUS L.; condolences...............................................................HR 614
HAMMOND, JOAN CRAWFORD; commend.............................................................HR 368
HANCOCK COUNTY Board of commissioners; reconstitute...............................................................................SB 375 Board of education; reconstitute .......................................................................................SB 374 Sheriff; personnel and equipment....................................................................................HB 874
HANDICAPPED PERSONS Assistive Technology Warranty Act; enact.......................................................................HB 93 Blind Persons' Literacy Rights and Education Act; enact ..........................................HB 492 Elections; amend provisions..............................................................................................HB 297 Handicapped parking violations; penalties.......................................................................HB 94 Hearing aid dispenser; application for examination .....................................................HB 410 Homicide; prohibit assisted suicide .................................................................................HB 415 Homicide; prohibit assisted suicide .................................................................................HB 464 Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; create ..........................SR 109 License plates and drivers' licenses; certain disabled veterans....................................SB 242 Motorized Wheelchair Warranty Act; enact......................................................................SB 11 Unfair practices against elderly or disabled; regulate; principal and sales representative; definitions............................................................SB 295 Private residences; accessibility........................................................................................HB 812 Private residences; physically handicapped access......................................................HB 1154 Probate court; service of guardian .....................................................................................HB 71 Probation; community service; include service for handicapped ................................HB 359 Public events; handicapped seating; provisions...........................................................HB 1155 Public facilities; accessibility ............................................................................................HB 865 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635
HARALSON COUNTY; certain officials; compensation .............................................HB 968
HARALSON COUNTY CHAMBER OF COMMERCE; commend......................HR 522
HARDY, HEATHER LYNN; commend ..........................................................................HR 81
HARE, CRISTI LASHEA; commend.............................................................................HR 282
HARNESS RACING WEEK IN GEORGIA Declare March 26 - April 4, 1993; recognize Hawkinsville Harness Festival..............................................................................................................HR 211
HARRINGTON, YOUNG JOE (JAY), IV; commend...............................................HR 486
HARRIS COUNTY Board of commissioners; districts ........................................................................................HB 9

Refer to numerical index for page numbers

2786

INDEX

HARRIS COUNTY (Continued) Board of education; reconstitute..........................................................................................HB 8 Commissioner districts.......................................................................................................HB 334
HARRIS, HONORABLE MELANIE; communications ................................Pages 148, 149
HARRISON HIGH SCHOOL CROSS COUNTRY TEAM; commend .................HR 33
HART COUNTY Board of commissioners; create ........................................................................................HB 443 Board of education; reconstitute......................................................................................HB 444 Water and sewer utility authority; members .................................................................HB 442
HART COUNTY HIGH SCHOOL LADY BULLDOGS BASKETBALL TEAM; commend..............................................................................................................HR 560
HART COUNTY PROBATION DETENTION CENTER Urge renaming as "Bobby Joe Whitworth Probation Detention Center".................HR 438 Urge renaming as "Bobby Joe Whitworth Probation Detention Center".................HR 553
HARWELL, JIM; commend..............................................................................................HR 172
HARWELL, JOE C.; commend.........................................................................................HR 169
HAWTHORNE CHALLENGE; commend ....................................................................HR 452
HAWTHORNE CIVIC ASSOCIATION; commend...................................................HR 531
HAYDEN, DR. LINDA; commend..................................................................................HR 291
HAZARDOUS SUBSTANCES Action for trespass or damage to realty; hazardous material ......................................HB 599 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Certain chemicals; fees.......................................................................................................HB 366 Environmental Protection Division; hazardous site inventory.....................................SB 294 Petroleum contaminated soil; limits................................................................................HB 975 Pollution Prevention Assistance Division; establish ......................................................SB 200 Solid waste permits; certain facilities; extend date.......................................................HB 215 Waste Control Law; enact ..................................................................................................SB 275
HAZLEHURST, CITY OF; elections............................................................................HB 1167
HEAD, PATRICK H.; commend......................................................................................HR 468
HEALTH Abortion; Civil Rights Protection Act; enact.................................................................HB 716 Abortion; Female's Right to Know Act; enact ...............................................................HB 602 Accident and sickness insurance; certain anti-cancer drug therapy; coverage...................................................................................................HB 741 Accident and sickness insurance; certain anti-cancer drug therapy; coverage....................................................................................................SB 326 Ambulances; license fees; Indigent Care Trust Fund ...................................................HB 593 Certificate of need; home health agencies; delete certain provisions.........................HB 816 Clinical laboratories; examination of human specimens; request by chiropractors................................................................................................HB 247 Elections; early voting; provisions....................................................................................HB 738 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions............................................................HB 894 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions ............................................................SB 263 Emergency rooms; life-threatening conditions; prohibit certain delays.....................HB 857

Refer to numerical index for page numbers

INDEX

2787

HEALTH (Continued) Environmental Justice Act; enact ....................................................................................HB 368 Georgia Health Care Act; enact......................................................................................HB 1006 Health planning; hospitals; previous bed capacity ........................................................HB 541 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Hospital authorities; merger; provisions; open records and meetings........................HB 689 Hospital authorities; payment for services in certain counties; limitations .......................................................................................................HB 256 Hospital authorities; real property; taxation and zoning .............................................HB 674 Hospital authorities; state grants; public health purposes...........................................HB 183 Housing and Finance Authority; amend; Hospital Financing Authority; repeal ..........................................................................................HB 142 Human Resources and Medical Assistance, Departments of; licensing of health facilities; certain hearing officers................................................HB 322 Indigent and elderly health care; county liability .........................................................HB 339 Indigent Care Trust Fund; amend provisions................................................................HB 569 Joint Regional Hospital Study Committee; create..........................................................HR 16 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create ........................................HR 242 Lay Midwifery Act; enact..................................................................................................HB 904 Mental health and mental retardation; provision of services; revise ............................SB 49 Mental health, mental retardation, and substance abuse programs; provision of services; revise .............................................................HB 100 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals ......................................................HB 777 Open records; exempt certain medical facility...............................................................HB 336 Personal care home; definitions........................................................................................HB 340 Personal care home; employee records checks; definition of crime............................HB 650 Personal care home; licensing; long-term care ombudsman.........................................HB 649 Personal care home; rename adult residential care home............................................HB 848 Physicians' assistants; duties and functions ...................................................................HB 537 Physicians; patient referral for certain health care services; prohibitions .............................................................................................HB 212 Physicians; surgery and invasive procedures; repeal limitation.....................................SB 15 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create ....................HB 67 Respiratory care professional; amend provisions...........................................................HB 491 State regional hospitals; classification .............................................................................HB 184 Unlicensed home health services; prohibitions ..............................................................HB 335 Vital records; spontaneous fetal deaths; reporting provisions.....................................HB 842
HEALTH INSURANCE Accident and sickness insurance; certain anti-cancer drug therapy; coverage...................................................................................................HB 741 Accident and sickness insurance; certain anti-cancer drug therapy; coverage....................................................................................................SB 326 Accident and sickness insurance; certain joint disorder; prohibit exclusion from coverage ..................................................................................SB 170 Accident and sickness insurance; mental disorders; repealers.....................................HB 761 Basic plan; include certain Medicaid recipients .............................................................SB 210 Certain secondary conditions; coverage.........................................................................HB 1027 Georgia Health Care Act; enact......................................................................................HB 1006 Georgia Reform Insurance Plan (GRIP); enact ..............................................................SB 226 Insurer; subrogation .........................................................................................................HB 1030 Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009

Refer to numerical index for page numbers

2788

INDEX

HEALTH INSURANCE (Continued) Multiple employer self-insured plan; nonprofit educational organizations; licensing exemption ............................................................SB 17 Notices by insurers; revise provisions; valuation of accident and sickness and disability plans .............................................................SB 230 Policies and documents; simplification of form.............................................................HB 900 Public school employees and retirees ............................................................................HB 1128 Public school retirees; continue coverage ........................................................................SB 352 Small employer benefit plans; standards......................................................................HB 1008 State employees' health insurance; contract with county; part-time employees .........................................................................................HB 772 State health insurance system; General Assembly provide by general law - CA.........................................................................................HR 401
HEARING AND HEARING AIDS (Also, see Handicapped Persons) Assistive Technology Warranty Act; enact.......................................................................HB 93 Hearing aid dispenser; application for examination .....................................................HB 410 Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; create ..........................SR 109 Speech-language pathologists and audiologists; licensing exemption.........................HB 381 Speech-language pathologists and audiologists; licensing exemption; provisional licenses .......................................................................................SB 88
HEATH, REVEREND CHARLES A.; commend .......................................................HR 186
HELTON, JIMMY; compensate.......................................................................................HR 259
HENDERSON, JAMES HOUSE, III; commend........................................................HR 581
HENDLEY, FRANCIS MARION "FRANK", II; condolences..................................SR 25
HENRY COUNTY; school system; commend ................................................................HR 487
HIAWASSEE, CITY OF; new charter ..........................................................................HB 1071
HIGHWAYS, BRIDGES AND FERRIES Bicycles on roadways; exceptions to right side requirement .......................................HB 827 Bobby Jones Crosswalk; designate..........,.........................................................................SR 231 Bus shelters on public rights of way; amend provisions ...............................................SB 343 Chattahoochee Valley Trail Scenic Highway and R. G. Daniell, Sr., Memorial Highway; designate.......................................................SR 232 Commuter efficiency program for state employees; urge Department of Transportation establish ............................................................SR 211 Designated travel lanes; penalties for violations of use...................................................SB 90 Dick Lane Bridge and Lt. Harold "Pinky" Durham Medal of Honor Highway; designate........................................................................................HR 400 Excess dimensions; wood roof and floor trusses .............................................................SB 238 Federal Intermodal Surface Transportation Efficiency Act of 1991; Department of Transportation implement...........................................HB 669 Fleeing, eluding, or impersonating law enforcement officer; penalty .........................HB 198 Fleeing or eluding peace officer; penalty ..........................................................................HB 31 Floyd L. Norton Bridge; designate ..................................................................................HR 119 General Ron Griffith Highway; designate .......................................................................SR 228 Hazardous waste; petroleum contaminated soil; limits ................................................HB 975 Highway definitions; include transportation enhancement activities.........................HB 883 Highway definitions; include transportation enhancement activities .........................SB 333 Highways; commercial driveway permit; fees.................................................................HB 546 Highways; Interstate Rail Passenger Network Compact; enact ..................................HB 966 Johnson Gresham Bridge; designate................................................................................HR 382 Judge W. A. Foster, Jr., Bridge; designate........................................................................SR 68

Refer to numerical index for page numbers

INDEX

2789

HIGHWAYS, BRIDGES AND FERRIES (Continued) Junkyards; regulation and control...................................................................................HB 180 Lanette O'Neal Faulk Memorial Bridge and Wayne Garner Parkway; designate ...........................................................................................HR 134 Length of vehicle loads; unprocessed forest products...................................................HB 660 Limousine carriers; regulation by Public Service Commission ....................................SB 317 Litter control; public trash or garbage containers; prohibitions ...................................HB 95 Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Lucius D. Clay Memorial Parkway; designate ...............................................................HR 383 Lucius D. Clay Memorial Parkway; designate ................................................................SR 158 MARTA; definition of operating costs; exclusions.........................................................SB 278 Medal of Honor Highway for Freeman V. Horner; designate ......................................SR 234 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions ................................................................................................HR 215 Minors in open bed pickups; prohibit on interstate or four lane highways ..................HB 5 Motor fuel tax; additional 5 cents per gallon - CA.......................................................HR 269 Motor fuel tax; appropriate for transportation system - CA.......................................HR 271 Motor fuel tax; compressed petroleum gas; gallon equivalent .....................................SB 141 Motor fuel tax; importation and storage; amend provisions........................................HB 630 Motor fuel tax; increase.....................................................................................................HB 785 Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Outdoor advertising; Transportation Department decision; judicial review .................................................................................................HB 308 Outdoor luminaries; expenditure for installation; restrictions ....................................HB 207 Phillip M. Landrum Memorial Highway; designate........................................................HR 55 R. G. Daniell, Sr., Memorial Highway; designate..........................................................HR 411 Radar detectors; prohibit use ...........................................................................................HB 204 Repair cost; reimburse Transportation Department.....................................................HB 302 Ride-sharing programs; financial support by Department of Transportation...............................................................................................................SB 93 Roadway lighting; urge use of technology to minimize glare, light trespass, and sky glow .................................................................................HR 62 Speed detection devices; eliminate certain restriction...................................................SB 116 Speed detection devices; restrictions; exemption; certain counties ............................HB 199 State Tollway Authority; change name; amend provisions...........................................SB 328 State Tollway Authority; property; toll provisions; penalties ........................................SB 91 Syble W. Brannan Parkway; designate..............................................................................SR 69 Transportation Board; election by roll-call vote............................................................HB 118 Unattended vehicles; removal from roadways; amend provisions..................................SB 92 Uniform rules of the road; passenger behavior; tilted truck bed................................HB 165 Vehicle loads; maximum weight; municipal solid waste transport .............................HB 879 Veterans Memorial Highway; designate............................................................................HR 88 Walter L. Hardin Bridge; designate .................................................................................SR 230 Weight of vehicle loads; compliance...................................................................................SB 38
HINELY, EUGENE A.; condolences...............................................................................HR 640
HOBBS, DWAYNE; commend .........................................................................................HR 479
HODNETT, ROY AND ANNE; commend ...................................................................HR 202
HOLLOWAY, H. L.; commend .........................................................................................HR 113
HOLT, REVEREND JAMES M.; commend ................................................................HR 628
HOMELESS Building codes; state minimum standards; converted railroad cars...........................HB 939 State Housing Trust Fund for the Homeless Commission; amend provisions............................................................................................................HB 293

Refer to numerical index for page numbers

2790

INDEX

HOMESTEAD EXEMPTION Ad valorem tax; waiver ......................................................................................................HB 835 Urge study by Joint Study Commission on Revenue Structure .................................HR 422
HOOD, MARSHA; commend ............................................................................................HR 481
HOSPITALS AND HEALTH CARE FACILITIES Certificate of need; home health agencies; delete certain provisions.........................HB 816 Death investigations; definitions; medical examiner; notification .................................SB 99 Emergency care needs of rural elderly; urge Long Term Care Technical Advisory Committee to study ...........................................................HR 237 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions............................................................HB 894 Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions ............................................................SB 263 Emergency rooms; life-threatening conditions; prohibit certain delays.....................HB 857 Employees' Retirement; certain hospital authorities; service credit ..........................HB 807 Georgia Health Care Act; enact......................................................................................HB 1006 Health planning; hospitals; previous bed capacity ........................................................HB 541 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Homicide; prohibit assisted suicide .................................................................................HB 415 Homicide; prohibit assisted suicide .................................................................................HB 464 Hospital authorities; merger; provisions; open records and meetings........................HB 689 Hospital authorities; payment for services in certain counties; limitations..........................................................................................HB 256 Hospital authorities; real property; taxation and zoning .............................................HB 674 Hospital authorities; state grants; public health purposes...........................................HB 183 Housing and Finance Authority; amend; Hospital Financing Authority; repeal ..........................................................................................HB 142 Human Resources and Medical Assistance, Departments of; licensing of health facilities; certain hearing officers................................................HB 322 Indigent Care Trust Fund; amend provisions ................................................................HB 569 Joint Regional Hospital Study Committee; create..........................................................HR 16 Lay Midwifery Act; enact..................................................................................................HB 904 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Open records; exempt certain medical facility...............................................................HB 336 Patient Self-referral Act of 1993; enact ..........................................................................HB 920 Personal care home; definitions........................................................................................HB 340 Personal care home; employee records checks; definition of crime............................HB 650 Personal care home; licensing; long-term care ombudsman.........................................HB 649 Personal care home; rename adult residential care home............................................HB 848 Physicians; patient referral for certain health care services; prohibitions......................................................................................................HB 212 Respiratory care professional; amend provisions...........................................................HB 491 State regional hospitals; classification.............................................................................HB 184
HOTELS AND MOTELS Alcoholic beverage sales; in-room service .......................................................................HB 912 Excise tax; aviation museums...........................................................................................HB 346 Excise tax; certain local facilities .....................................................................................HB 472 Excise tax; pedestrian walks and trails ...........................................................................HB 208 Innkeepers; define guest; amend provisions .................................................................HB 1097 Post certain notice in guest rooms.................................................................................HB 1157
HOUSE OF REPRESENTATIVES Acree, Renva Smith; invite to House ..............................................................................HR 324 Acree, Renva Smith; invite to House ..............................................................................HR 333

Refer to numerical index for page numbers

INDEX

2791

HOUSE OF REPRESENTATIVES (Continued) Adams, Ms. Ivy; invite to House......................................................................................HR 289 Augusta Alumnae Chapter of the Delta Sigma Theta Sorority; invite members to House ..............................................................................HR 254 Bellamy, Walt; invite to House ........................................................................................HR 390 Bills and resolutions; prefiling..........................................................................................HB 117 Bills and resolutions; prefiling..........................................................................................HB 170 Bills and resolutions; prefiling...........................................................................................SB 203 Bills; filing during interim.................................................................................................HB 188 Bowdon High School football team; invite to House......................................................HR 98 Burton, Dr. Glenn W.; invite to House...........................................................................HR 372 Clarke Central High School Coach Billy Henderson; invite to House.......................HR 226 Clarke Central High School 1992 football team; invite to House...............................HR 225 Clay, Willie "Big Play"; invite to House ........................................................................HR 316 Clerk; election .....................................................................................................................Page 10 Clerk; oath of office ...........................................................................................................Page 12 Cliches from well; relative to............................................................................................HR 256 Coleman, Marco; invite to House.....................................................................................HR 315 Darden, Congressman George (Buddy); invite to House..............................................HR 397 Davison, Dr. Fred; invite to House..................................................................................HR 101 Delta Sigma Theta Sorority; invite members to House ...............................................HR 230 Dent, Richard "Sackman"; invite to House ...................................................................HR 314 Doorkeeper; election...........................................................................................................Page 13 Ethics Committee; subpoena provisions .........................................................................HB 972 Expenses and per diem........................................................................................................HB 80 Fees or honoraria................................................................................................................HB 448 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report ................................................................................................HB 427 Fleming, G. Andrew; invite to House; commend Atlanta Paralympic Organizing Committee ..............................................................................HR 340 Ford Motor Company's Atlanta Assembly Plant; commend; invite representative to House......................................................................................HR 346 4-H Day at Capitol; recognize; invite winners and President to House ......................HR 21 Four-year terms; four-term limit - CA..............................................................................HR 79 Gant, Kenneth "The Shark"; invite to House ...............................................................HR 317 General bills; limit number by each member - CA.......................................................HR 194 Georgia Peach Festival; invite representative to House.................................................HR 19 Georgia Recreation and Park Association; invite members to House........................HR 191 Georgia School for the Deaf football team, coaches, and staff; invite to House..............................................................................................HR 239 Gingrich, Honorable Newt; invite to House ...................................................................HR 181 Goodwin, Honorable Bill; oath of office .........................................................................Page 10 Jackson, Mayor Maynard; invite to House.....................................................................HR 129 Johnson County High School Trojans football team; invite to House........................HR 99 Jones, Bobby; invite to House..........................................................................................HR 224 Keep Macon-Bibb Beautiful Commission; invite representatives to House ...............................................................................................HR 199 Lewis, Morris "Mo"; invite to House ..............................................................................HR 313 Lord, Teresa; invite to House...........................................................................................HR 236 Lucas, David, Jr.; invite to House ...................................................................................HR 318
Majority Leader; election ..................................................................................................Page 60
McKinney, Honorable Cynthia Ann; invite to House ..................................................HR 306
Members-elect; communication from Secretary of State...............................................Page 1
Members-elect; oath of office .............................................................................................Page 9
Messenger; election ............................................................................................................Page 12

Refer to numerical index for page numbers

2792

INDEX

HOUSE OF REPRESENTATIVES (Continued) Michels, Stephanie; invite to House ................................................................................HR 365 Mitchell-Baker High School Eagles football team; commend; invite Coach Jack Johnson and assistants to House...................................................HR 20 Morrow High School Lady Mustangs; invite to House ................................................HR 464 Murray County High School wrestling team; invite to House ....................................HR 371
Mustang 1992 All-Stars; invite to House........................................................................HR 364 Nance, Erin Nicole; invite to House................................................................................HR 416 North Clayton High School Boys Basketball Team; invite to House........................HR 607
Notify House; Senate convened............................................................................................SR 2 Notify Senate; House convened ...........................................................................................HR 1 Office of Planning and Budget; annual continuation
budget report; provisions................................................................................................SB 188 Officials, employees, and committees; relative to..............................................................HR 3
Pinkston, Honorable Frank; resignation.........................................................................Page 58 Ransom, Brian; invite to House.......................................................................................HR 312
Reapportionment; certain districts ..................................................................................HB 787 Reapportionment; House of Representatives; districts 110 and 123..........................HB 672 Reapportionment; House of Representatives; districts 113 and 114..........................HB 702
Republican caucus officers; election ................................................................................Page 59 Require quorum for countable day - CA........................................................................HR 264 Ringgold Lady Tigers 1992 varsity softball team; invite to House ............................HR 238 Royal, Nancy; invite to House..........................................................................................HR 304
Rules; add Rule 11A.............................................................................................................HR 97 Rules; adopt.............................................................................................................................HR 2
Rules; amend.........................................................................................................................HR 61 Rules; amend Rule 11 ........................................................................................................HR 328 Rules; amend Rule 11 ........................................................................................................HR 329
Rules; amend Rule 11 ........................................................................................................HR 350 Rules; amend Rule 11 .....................:..................................................................................HR 515
Rules; amend Rule 11 .................................................;......................................................HR 539 Rules; amend Rule 13 ........................................................................................................HR 166
Rules; amend Rule 29 ..........................................................................................................HR 18 Savannah St. Patrick's Day Parade; grand marshal and
the general chairman; invite to House ........................................................................HR 375
Smoking in chamber; urge limitations ..............................................................................HR 17 Speaker; election.................................................................................................................Page 10 Speaker Pro Tempore; election........................................................................................Page 12
Speakers of the State Houses of Assembly of Nigeria; invite to House................................................................................................................HR 349
Standing Committees; assignments...............................................................Pages 58, 295, 296 Stanley, Ethel Francis; invite to House ..........................................................................HR 442
Sullivan, Dr. Louis W.; invite to House..........................................................................HR 385 Taylor, Honorable Maretta M.; oath of office...............................................................Page 10
Thames, Elaine; lake Harbin Elementary School counselor; invite to House.............................................................................................HR 389
Thomas County Central High School football team; invite to House.......................HR 152
Trion High School industrial arts classes; invite to House..........................................HR 341
Tucker, Don, Sally Dunn, Reginald Barry, and Zack Wade; invite to House................................................................................................................HR 327
University of Georgia 1992 football team and Coach Ray Goff; invite to House.............................................................................................HR 227
Valdosta High School Wildcats football team and Coach Nick Hyder; invite to House.........................................................................................HR 100
Westover High School basketball team; invite to House.............................................HR 499 Williams, Ms. Jett; invite to House .................................................................................HR 198
Wright, Captain Jeffrey Stewart, U.S.M.C.; condolences; invite family to House ...................................................................................................HR 192

Refer to numerical index for page numbers

INDEX

2793

HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of commissioners; meeting place ..........................................................................HB 756 Efficiency in Governmental Services Commission; create ............................................SR 250
HUMAN RESOURCES, DEPARTMENT OF Childhood immunization program; urge use of certain federal funding....................HR 504 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Health and mental health; amend provisions ...................................................................SB 49 Human Resources Board; membership; practice of medicine .....................................HB 166 Licensing of health facilities; certain hearing officers ..................................................HB 322 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Public assistance; revise services.........................................................................................SB 26 Service cancelable loans; certain registered nurses .....................................................HB 1103
HUMPHREYS, JOHN D. (DAVE); commend ............................................................HR 542
HUNSTEIN, HONORABLE CAROL W.; commend.................................................HR 591
HUNTER, DR. AND MRS. CONWAY, JR.; commend............................................HR 203
HUNTER, JIMMIE RUTH; commend..........................................................................HR 173
HUNTING (Also, see Game and Fish) Bears; certain killing authorized ......................................................................................HB 112 Bears constituting threat; removal; ranger; retain weapon and badge .......................SB 306 Hunter education; certification requirement; nonresident licensing ..........................HB 597 Hunter education courses; age requirement...................................................................HB 163 Hunting bears; increase bag limit....................................................................................HB 285 Hunting deer; certain crossbows during archery season...............................................HB 877 Hunting does in certain counties; prohibit.....................................................................HB 245 Unlawful enticement of game; prohibit on baited field................................................HB 420 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635
HUNTSMAN, JAYSON KYLE; commend ..................................................................HR 590
HURSTON, MICHAEL; commend .................................................................................HR 280
HYDER, COACH NICK; commend ................................................................................HR 223

INCOME TAX Confidentiality of returns; exception...............................................................................HB 273 Corporations; dividends from outside the United States; job tax credit ...................................................................................................................HB 536 Corporations; officers' liability for tax penalty or interest ..........................................HB 272 Deduction; interest on certain motor vehicle loans.......................................................HB 901 Fraudulent underpayment; amend provisions................................................................HB 271 Increase personal exemption.............................................................................................HB 348 Local income tax; referendum to impose; revise provisions ........................................HB 742 Partnerships, Subchapter "S" corporations, and limited liability companies; withholding on distributions to nonresident members ........................HB 384
Refer to numerical index for page numbers

2794

INDEX

INCOME TAX (Continued) Recycling manufacturing facility; credit .........................................................................HB 587 Retirement income; exemption.........................................................................................HB 596 Revenue Code; incorporate provisions of federal tax code ..........................................HB 218 Tax amnesty; additional penalties ...................................................................................HB 310 Tax amnesty; amend provisions........................................................................................SB 139 Tax amnesty; collection fee cost.......................................................................................HB 274 Tax appeals; payment of portion of assessments ..........................................................HB 390 Tax levy; accounts with financial institutions ...............................................................HB 275 Taxable net income; certain shareholder adjustments .................................................HB 220 Taxable nonresident...........................................................................................................HB 803 Withholding; employer's liability .....................................................................................HB 312 Withholding on sale or transfer of real property by nonresidents .............................HB 385
INDEMNIFICATION; law enforcement officers; line of duty ...................................HB 250
INDIGENT (See Social Services)
INFECTIOUS DISEASES Childhood immunization program; urge use of certain federal funding....................HR 504 Homicide; prohibit assisted suicide .................................................................................HB 415 Homicide; prohibit assisted suicide .................................................................................HB 464 Law enforcement officers; threat of transmission .........................................................HB 162 Marriage licenses; HIV testing .........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Sex education and AIDS prevention instruction...........................................................HB 854 Sex education and AIDS prevention instruction; certain requirements ....................HB 423
INITIATIVE PETITION Power to enact or reject amendments to the constitution - CA .................................HR 257 Power to enact or reject statutes - CA............................................................................HR 258 Power to enact or reject statutes and amendments to the constitution - CA................................................................................................HR 104
INMAN, HUGH; commend................................................................................................HR 526
INSURANCE Accident and sickness insurance; certain anti-cancer drug therapy; coverage...................................................................................................HB 741 Accident and sickness insurance; certain anti-cancer drug therapy; coverage....................................................................................................SB 326 Accident and sickness insurance; certain joint disorder; prohibit exclusion from coverage ..................................................................................SB 170 Accident and sickness insurance; mental disorders; repealers.....................................HB 761 Agents; display of license ....................................................................................................HB 77 Amend provisions................................................................................................................SB 264 Audits of insurers; additional requirements ...................................................................HB 126 Brokers and solicitors; certain references; clarification.................................................SB 280 Cancellation of policy; written request..........................................................................HB 1142 Capital stock; additional surplus......................................................................................HB 914 Certain appeals of adverse decisions; temporary coverage...........................................HB 568 Corporations; insurable interest in employees; insurers; investments of funds.......................................................................................................SB 133 Counselors; fees...................................................................................................................HB 540 Credit life or credit accident and sickness insurance; regulations..............................HB 754 Fraternal benefit societies; revise provisions..................................................................HB 383 Georgia Reform Insurance Plan (GRIP); enact..............................................................SB 226 Health insurance; basic plan; include certain Medicaid recipients .............................SB 210 Health insurance; certain secondary conditions; coverage .........................................HB 1027

Refer to numerical index for page numbers

INDEX

2795

INSURANCE (Continued) Health insurance; insurer; subrogation .........................................................................HB 1030 Health insurance; multiple employer self-insured plan; nonprofit educational organizations; licensing exemption ..........................................SB 17 Health insurance; small employer benefit plans; standards ......................................HB 1008
House Study Committee on Private No-Fault Motor Vehicle Insurance; create.............................................................................................................HR 127
Industrial life insurance; maximum face amount of policy........................................HB 1127 Insurers; payment of dividends; domestic stock dividends..........................................HB 949 Liability and property insurance; houseparents............................................................HB 294
Life insurance; corporations or trusts; insurable interest in employees......................................................................................................HB 484
Life insurance; premium refunds; time limitation ........................................................HB 864 Life insurance; valuation of reserves; opinion of qualified actuary ............................HB 895 Merit system; certain employees; reclassify ....................................................................SB 339 Motor vehicle accident claim; liability ............................................................................HB 471 Motor vehicle insurance; certain optional coverage ......................................................HB 770 Motor vehicle insurance; discounts; certain drivers ......................................................HB 648 Motor vehicle insurance; enforcement services by private entities ............................HB 416 Motor vehicle insurance; glass replacement or repair......................................................SB 47 Motor vehicle insurance; personal lines policy; agent's service fee ..........................HB 1163 Motor vehicle insurance; premiums; geographic factor ................................................HB 231 Motor vehicle insurance; prohibit surcharge; driver clinic attendance ......................HB 823
Motor vehicle insurance surcharge; accidents with emergency medical technicians or firefighters .............................................................HB 69
Notices by insurers; revise provisions; valuation of accident and sickness and disability plans..................................................................8B 230
Policies and documents; simplification of form.............................................................HB 900 Reinsurers Guaranty Pool Act; enact ..............................................................................HB 658 Third-party settlements; written notice...........................................................................SB 146 Title insurers; licensing and regulation...........................................................................HB 886 Torts; collateral sources.....................................................................................................HB 752 Unfair trade practices; availability of policies ...............................................................HB 834 Workers' compensation; administrative law judges serve on
state board; experience modification worksheet; self-insurance fund ....................HB 677 Workers' Compensation Board; access to records of fatal cases..................................SB 103 Worker's compensation; cancellation procedures..........................................................HB 482 Workers' compensation; certain notification; certified mail........................................HB 436 Workers' compensation; employee definition; municipal
inmate; substitute systems standards...........................................................................SB 273 Workers' compensation; less than 7 employees; applicability.....................................HB 771 Workers' compensation; premium reduction; drug-free workplace ............................HB 811 Workers' compensation; rejected policies; rates.............................................................HB 591 Workers' compensation; safety committees; provisions..............................................HB 1158 Workers' compensation; self-insurance funds; gross annual premiums .....................HB 590 Workers' compensation; self-insurance funds; premium taxes....................................HB 734 Workers' compensation; self-insurance funds; similar classification ..........................HB 639 Workers' compensation; self-insurance funds; solicitation
of membership.................................................................................................................HB 527 Workers' compensation; Small Business Protection Act; enact...................................SB 240
INTANGIBLE TAX Computer software .............................................................................................................HB 398 Intangible personal property; confidentiality of digest; exception .............................HB 267 Intangible personal property; include computer software............................................HB 350
INTEREST AND USURY Corporations; officers' liability for tax penalty or interest..........................................HB 272 Residential Security Deed Act; enact...............................................................................SB 105

Refer to numerical index for page numbers

2796

INDEX

INTERNATIONAL ASSOCIATION OF LIONS CLUBS; commend ................HR 425 INTERNATIONAL LONGSHOREMEN ASSOCIATION
LOCAL 1414; commend .................................................................................................HR 502 IRWIN COUNTY; board of education; reconstitute .....................................................HB 414 ISRAEL BAPTIST CHURCH; commend ....................................................................HR 639 IVEY, MR. LAZELLE; commend....................................................................................HR 201

JACKSON, MAYOR MAYNARD; invite to House ...................................................HR 129
JAILS Alternative incarceration; adult education courses; participation; exception .................................................................................................HB 191 Cable television service to inmates; urge correctional institutions not provide .................................................................................................HR 287 Furnishing certain items to prisoners prohibited; exception.........................................HB 29 Inmate records maintained by sheriffs; inspection .........................................................HB 30 Inmates; medical treatment; reimbursement..................................................................HB 232 Inmates; offense of mutiny; state or local jails ..............................................................HB 870 Law enforcement officers; communicable diseases; threat of transmission...............HB 162 Prisoners; notification to victim of change in status .....................................................SB 252 Probationers; certain sentence; confinement..................................................................HB 452 Workers' compensation; employee definition; municipal inmate; substitute systems standards...........................................................................SB 273
JAMES, KERRY ALAN; condolences............................................................................HR 140
JASPER, CITY OF; corporate limits.............................................................................HB 1052
JASPER COUNTY Board of commissioners; reapportion..............................................................................HB 793 Board of commissioners; reapportion............................................................................HB 1077 Board of education; reconstitute ......................................................................................HB 691 Board of education; reconstitute ....................................................................................HB 1078
JEFF DAVIS COUNTY Board of commissioners; compensation.........................................................................HB 1116 Board of education; compensation.................................................................................HB 1118 Brunswick Judicial Circuit; judges and district attorney; supplement ....................HB 1117
JEFFERSON, CITY OF Board of education; reconstitute ......................................................................................HB 216 Council districts..................................................................................................................HB 217
JEFFERSON COUNTY; chief magistrate; compensation...........................................HB 984
JENKINS, BROTHER HERBERT; commend...........................................................HR 476
JESSUP, HONORABLE BEN; election; doorkeeper..................................................Page 13
JESTER'S CREEK BICYCLE TRAIL IN CLAYTON COUNTY; support development....................................................................................HR 348
JETT, LOWELL K.; commend .........................................................................................HR 521
Refer to numerical index for page numbers

INDEX

2797

JOHN, DR. FARES; commend.........................................................................................HR 484
JOHN MARSHALL LAW SCHOOL ..........................................................................................................................HR 419
Commend .............................................................................................................................HR 568 ...........................................................................................................................SR 210
"JOHNNY MERCER DAY" IN GEORGIA; declare April 19, 1993 ......................HR 567
JOHNSON, COACH JIMMY; commend ......................................................................HR 529
JOHNSON COUNTY HIGH SCHOOL TROJANS FOOTBALL TEAM; invite to House-.....-............-."-..-.....-...-- .---------- ----HR 99
JOHNSON GRESHAM BRIDGE; designate...............................................................HR 382
JOHNSON, NATHANIEL MCKINLEY; commend .................................................HR 477
JOHNSTON, CALVIN; commend...................................................................................HR 641
JOHNSTONVILLE COMMUNITY CITIZENS; commend .....................................HR 72
JONES, BOBBY; invite to House ....................................................................................HR 224
JONES, DIANE CAROL; commend...............................................................................HR 373
JONES, HONORABLE VERNON; committee assignment ....................................Page 296
JONES, JOHN PAUL; commend........................................ ................................ ............HR 488
JONES, JOY; commend......................................................................................................HR 554
JONES, PATRICIA C.; commend...................................................................................HR 109
JONES, REBECCA RHEA; commend...........................................................................HR 283
JORDAN, CHIEF JUSTICE ROBERT H.; condolences............................................HR 26
JORDAN, DR. CARL RANKIN; commend................................................................. HR 395
JOYCE, HONORABLE BRIAN D.; communication .............................................Page 1863
JORDAN, LINTON; commend ........................................................................................HR 185
JOYCE, LONNIE;commend...............................................................................................HR 68
JUDGE W. A. FOSTER, JR., BRIDGE; designate ............................................ ...........SR 68
JUDGES Attorney representing local government; service as part-time judge ..........................SB 120 Certain federal lawsuit; urge Governor refrain from settling ............. ...........................HR 52 Courts; civil contempt arrest orders; Georgia Crime Information Center network .......................................................................................HB 1119 Employees' Retirement; certain judicial secretaries; prior service cost ........................................................................................................... -HB 729 Judges of the Probate Courts Retirement; certain membership................ ...............HB 1091 Judges of the Probate Courts Retirement; cost-of-living benefit ......... ....................HB 1166 Judges of the Probate Courts Retirement; retire at age 55.. .................. ...................HB 1090 Nonpartisan elections; certain officials; straight party voting .....................................SB 283 Part-time; recusal upon conflict of interest; local government representation.................................................................. ......... .................HB 344 Probate court; increase minimum salaries......................................................... .............HB 710 Review of sentence imposed by judge without jury ......................................... ...............HB 79 Senior judge; repeal prohibition against holding public office............ ........................HB 147

Refer to numerical index for page numbers

2798

INDEX

JUDGES (Continued) Senior judge; repeal prohibition against practicing law or holding public office..................................................................................................HB 148 Superior Court Judges Retirement; increase benefits...................................................HB 633 Superior Court Judges Retirement; postretirement benefits; retirement age...............................................................................................................HB 1019 Superior Court Judges Retirement; prior service credit.................................................HB 51 Superior Court Judges Retirement; spousal benefits....................................................HB 501 Superior courts; nonpartisan elections; plurality; ballots...........................................HB 1026 Superior courts; selection of bailiffs; provisions ............................................................HB 507 Trial Judges and Solicitors Retirement; magistrate judges; membership ...................................................................................................................HB 1141 Trial Judges and Solicitors Retirement; postretirement benefit increases..............................................................................................................HB 782 Trial Judges and Solicitors Retirement; spousal benefits; contributions..................................................................................................................HB 1020 Workers' compensation; administrative law judges serve on state board; experience modification worksheet; self-insurance fund..............................HB 677
JUDGMENTS Civil proceedings in magistrate courts; amend provisions ...........................................HB 327 Dispossessory proceedings; writ of possession................................................................HB 337 Judgment liens; property possessed by purchaser for 4 years.......................................HB 72
JUDICIAL CIRCUITS Atlanta; add judge ..............................................................................................................HB 809 Atlanta; district attorney's office; compensation ...........................................................HB 279 Augusta; add judge .............................................................................................................HB 957 Augusta; judges; Burke County supplement ..................................................................HB 946 Augusta; judges; Burke County supplement ................................................................HB 1022 Augusta; judges; Columbia County supplement ..........................................................HB 1023 Augusta; judges; Columbia County supplement .............................................................SB 254 Augusta; judges; Richmond County supplement .........................................................HB 1095 Bad check diversion program; Attorney General establish........................................HB 1148 Brunswick; judges and district attorney; Appling County supplement ...................HB 1115 Brunswick; judges and district attorney; Jeff Davis County supplement ......................................................................................................HB 1117 Brunswick; judges; Wayne County supplement...........................................................HB 1040 Clayton; court reporters; compensation ...........................................................................SB 184 Clayton; district attorney; county supplement ...............................................................SB 181 Clayton; judges; county supplement.................................................................................SB 179 Cobb; add judge ....................................................................................................................HB 42 Cobb; add judge .....................................................................................................................SB 31 Conasauga; add judge.........................................................................................................HB 461 Conasauga; add judge..........................................................................................................SB 261 Coweta; add judge.............................................................................................................HB 1059 Eastern; judges; Chatham County supplement............................................................HB 1038 Northern; add judge ...........................................................................................................HB 881 Oconee; judges; supplement ..............................................................................................HB 876 Ogeechee; add judge ...........................................................................................................HB 581 Piedmont; terms of court ..................................................................................................HB 792 Rockdale; judges; supplement............................................................................................SB 258 Senior court reporter; create office ..................................................................................HB 656 South Georgia; add judge ..................................................................................................HB 620 Stone Mountain; add judge................................................................................................SB 232 Superior court administrators; compensation ................................................................HB 628 Western; add judge.............................................................................................................HB 655 Western; certain staff in district attorney's office; repeal provision ..........................HB 453

Refer to numerical index for page numbers

INDEX

2799

JUNIOR LEAGUE OF COBB-MARIETTA; commend ..........................................HR 266
JURIES Civil actions; dollar amount..............................................................................................HB 200 Civil actions; dollar amount.................................................................................................SB 62 Commissioners and clerk; compensation.........................................................................HB 446 Grand juries; oath; corrections .........................................................................................HB 820 Jury lists; composition; amend provisions .......................................................................SB 193
JUVENILE PROCEEDINGS Amend provisions ...............................................................................................................HB 531 Certain unruly child...........................................................................................................HB 141 Child abuse and juvenile court records; access by certain school personnel.................................................................................................HB 333 Child abuse evidence; report to district attorney ..........................................................HB 530 Child Advocacy Act; enact ................................................................................................HB 529 Deprived child; disposition; certain prosecution; evidence of family violence or child abuse ......................................................................SB 3 Deprived child; legal custody..........................................................................................HB 1087 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Juvenile delinquents; special alternative incarceration-- probation boot camps; provisions .................................................................................SB 150 Juvenile law enforcement records; inspection by school officials ................................SB 122 Juveniles in custody; time for hearing; maximum incarceration ..............................HB 1066 Mediation; supervision fees................................................................................................SB 358 Probation officer; detention authority.............................................................................HB 306

K

KEEP MACON-BIBB BEAUTIFUL COMMISSION Invite representatives to House........................................................................................HR 199
KELLER, ROBERT E.; commend.....................................................................................HR 87 KENNESAW, CITY OF; corporate limits......................................................................HB 626 KENTUCKY FRIED CHICKEN; commend for saving the Big Chicken ...............HR 232 KEY, HENRY; condolences ...............................................................................................HR 449 KINDBERG, MICHAEL S.; commend..........................................................................HR 448 KING HARALD AND QUEEN SONJA OF NORWAY; commend.....................HR 196 KINNEY, KEVN, TIM NIELSEN, JEFF SULLIVAN, AND
BUREN FOWLER; commend.......................................................................................HR 231 KNIGHT, BILL; condolences............................................................................................HR 644
KROGER STORES OF GEORGIA; commend............................................................HR 480

LABOR AND INDUSTRIAL RELATIONS Boiler and Pressure Vessel Safety Act; certain air storage tanks; exception...................................................................................................HB 39
Refer to numerical index for page numbers

2800

INDEX

LABOR AND INDUSTRIAL RELATIONS (Continued) Civil liability immunity from disclosure of employee job performance................ ......SB 175 Civil liability immunity from disclosure of former employee job performance ..............................................................................................................HB 210 Employment; termination contrary to public policy; prohibit ....................................HB 665 Georgia Equal Employment Opportunity Act; enact......................................................HB 97 Health insurance; multiple employer self-insured plan; nonprofit educational organizations; licensing exemption ..........................................SB 17 Health insurance; small employer benefit plans; standards ........... ...........................HB 1008 Income tax withholding; employer's liability ......................................... ........................HB 312 Labor, Department of; supplemental appropriations; FY 1992-93.............................HB 349 Labor pools; amend regulations........................................................................ ................HB 389 Labor unions; nonmembers; representation charge............................. ..........................HB 703 Life insurance; corporations or trusts; insurable interest in employees ...................................................................................... ....................--.......HB 484 Older Worker Task Force; create......................................................................................SR 131 Public Employees Labor Relations Act; enact......... ........................................................HB 99 State agencies, schools, and employers; include term "multiracial" on forms................................................. ...................................................SB 149 Unemployment compensation; workers' compensation; independent contract carriers..................................................... ..................................HB 678 Workers' compensation; administrative law judges serve on state board; experience modification worksheet; self-insurance fund..............................HB 677 Workers' Compensation Board; access to records of fatal cases..................................SB 103 Worker's compensation; cancellation procedures ........... ...............................................HB 482 Workers' compensation; certain notification; certified mail ........................................HB 436 Workers' compensation; employee definition; municipal inmate; substitute systems standards...........................................................................SB 273 Workers' compensation; less than 7 employees; applicability .....................................HB 771 Workers' compensation; premium reduction; drug-free workplace .......... ..................HB 811 Workers' compensation; rejected policies; rates.............................. ...............................HB 591 Workers' compensation; safety committees; provisions..............................................HB 1158 Workers' compensation; self-insurance funds; gross annual premiums .....................HB 590 Workers' compensation; self-insurance funds; premium taxes............ ......... ...............HB 734 Workers' compensation; self-insurance funds; similar classification ..........................HB 639 Workers' compensation; self-insurance funds; solicitation of membership.................................................................................................................HB 527 Workers' compensation; Small Business Protection Act; enact. ..................................SB 240
LAFACE RECORDS ..........................................................................................................................HR 496 ..........................................................................................................................HR 543
LAFAYETTE, CITY OF; officers and employees; commend......................................HR 650
LAGRANGE, CITY OF Certain expenditures .............................................................................. ............................HB 839 Council districts ..................................................................................................................HB 744 Mayor and council; cable television.................................. ......... ......................................HB 701 Mayor and council; powers............................. ............................................... ....................HB 424 Nonpartisan elections......................................... ........................................... .....................HB 775
LAKE CITY, CITY OF; disposition of property..............................................................SR 64
LAKLY, HONORABLE DAN; communication .................................. .....................Page 1420
LAMAR COUNTY; homestead exemptions; certain residents............... .....................HB 955
LAMPKIN, ALBERT AND DELLA MAE; compensate ........................................HR 157
LAND (See Property)
Refer to numerical index for page numbers

INDEX

2801

LANDLORD AND TENANT Counties or municipalities; fair rent commission; create ...............................................HB 98 Dispossessory proceedings; property storage ..................................................................HB 375 Dispossessory proceedings; reports to Department of Family and Children Services.......................................................................................HB 723 Dispossessory proceedings; time periods.........................................................................HB 407 Dispossessory proceedings; writ of possession................................................................HB 337 Handicapped persons; private residence accessibility...................................................HB 812 Handicapped persons; public facilities; accessibility.....................................................HB 865 Private residences; physically handicapped access......................................................HB 1154 Water suppliers; unpaid charges; limited liens ..............................................................HB 862
LANDSCAPE ARCHITECTS; amend provisions .......................................................HB 714
LANETTE O'NEAL FAULK MEMORIAL BRIDGE; designate .........................HR 134
LANIER COUNTY; board of commissioners; compensation ....................................HB 1042
LAURENS COUNTY; board of education; compensation ..........................................HB 919
LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned motor vehicles; removal or storage; required notice; derelict motor vehicles ......................................................................................HB 447 Child abuse reports; access; sexual abuse of minor defined .............................................SB 2 Child abuse reports; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined ...................................SB 1 Children and Youth Services, Department of; authority to apprehend; unruly and delinquent children...............................................................HB 299 Children and Youth Services, Department of; certain law enforcement powers; unruly and delinquent children ..............................................HB 296 Communicable diseases; threat of transmission ............................................................HB 162 Courts; civil contempt arrest orders; Georgia Crime Information Center network .......................................................................................HB 1119 Criminal Justice Coordinating Council; add member...................................................HB 555 Criminal Justice Coordinating Council; membership ...................................................HB 882 Criminal procedure; suppression of evidence; warrant unsupported by probable cause.....................................................................................SB 113 Driving under the influence; chemical test; information required from arresting officer ...................................................................................HB 1073 Emergency wreckers; provisions.......................................................................................HB 711 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Family violence; arrest of perpetrator; victim's wishes ................................................HB 534 Firearms sales; records checks.............................................................................................SB 12 Fleeing, eluding, or impersonating law enforcement officer; penalty .........................HB 198 Fleeing or eluding peace officer; penalty ..........................................................................HB 31 Georgia Bureau of Investigation labs; controlled substances or dangerous drugs; testing ...........................................................................................HB 838 Georgia Ports Authority; police powers ........................................................................HB 1136 Human body parts; removal from scene of death .........................................................HB 686 Indemnification; line of duty ............................................................................................HB 250 Inmates; offense of mutiny; state or local jails ..............................................................HB 870 Motor vehicle registration; nonresident and visiting drivers; violation .......................HB 55 Municipal law enforcement officers; transporting prisoners; provisions....................HB 150 Peace Officer and Prosecutor Training Fund; certain annual disbursements........................................................................................................SB 65 Peace Officers' Annuity and Benefit; age requirements...............................................HB 495 Peace Officers' Annuity and Benefit; certain creditable service.................................HB 498 Peace Officers' Annuity and Benefit; postretirement benefit increases..............................................................................................................HB 497

Refer to numerical index for page numbers

2802

INDEX

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Peace Officers' Annuity and Benefit; repeal certain requirement; disability ...................................................................................................HB 496 Police chiefs; training requirements; increase hours ......................................................SB 279 Procedure for processing complaints...............................................................................HB 397 Public Safety Department and State Patrol; certain employees; involuntary separation benefits................................................................HB 106 Public Safety Department; career concerns of certain personnel; urge Board review........................................................................................HR 563 Revenue Department; retain weapon or badge on retirement....................................HB 311 Right-of-way; law enforcement vehicle in traffic stop..................................................HB 287 Sheriffs; deposit of funds held; interest-bearing accounts ...........................................HB 403 Sheriffs; legal defense; provisions.....................................................................................HB 343 Sheriffs providing municipal police services; powers....................................................HB 936 Sheriffs; qualifications; exemption...................................................................................HB 205 Sheriffs; vacancies in office; selection of bailiffs ...........................................................HB 764 Solid color motor vehicles; state patrol use....................................................................HB 111 Speed detection device; restrictions; exemption; certain counties..............................HB 199 State Tollway Authority; property; toll provisions; penalties ........................................SB 91 Stolen motor vehicles; reports; notification....................................................................HB 172 Transportation of arrested person; jurisdiction .............................................................HB 107 Unattended vehicles; removal from roadways; amend provisions..................................SB 92 Voter registration; driver's license examiners ................................................................HB 187 Voter registration; driver's license examiners ................................................................HB 611 Witness fees; arson enforcement; responsibility of GBI.................................................HB 40
LAWRENCE, DEBORAH; commend.............................................................................HR 450
LAWRENCE, HONORABLE THOMAS E.; communications.....................Pages 154, 155
LAWRENCEVILLE, CITY OF; corporate limits ........................................................HB 922
LAY, JAMES AND LORENE; commend.....................................................................HR 420
LEE COUNTY; board of education; reconstitute...........................................................HB 979
LEE, HONORABLE WM. J.; communication ..............................................................Page 60
LEGACY; a coordinated environmental education project; commend.........................HR 380
LEGISLATIVE COUNSEL Communications...........................................Pages 57, 60, 61, 62, 148, 149, 151, 152, 154, 155
LEVERETTE, SHERIFF BILLY; commend...............................................................HR 108
LEWIS, MORRIS "MO"; invite to House......................................................................HR 313
LEWIS, ROSA MAE; commend.......................................................................................HR 509
LEWIS, WALTER; compensate........................................................................................HR 124
LIABILITY AND LIABILITY INSURANCE Beauty pageants; amend provisions.................................................................................HB 965 Chiropractors; scope of practice .......................................................................................HB 196 Civil action; medical assistance recipient; notice............................................................SB 249 Competitive Practices Act of 1993; enact.......................................................................HB 795 Civil liability immunity from disclosure of employee job performance......................SB 175 Civil liability immunity from disclosure of former employee job performance ..............................................................................................................HB 210 Evidence; pharmacists; privileged medical information ...............................................HB 510 Evidence; pharmacists; privileged medical information ................................................SB 154 Expert witnesses; qualification provisions; malpractice action .................................HB 1025

Refer to numerical index for page numbers

INDEX

2803

LIABILITY AND LIABILITY INSURANCE (Continued) Firearms sales; dealer provisions; records checks..........................................................HB 732 Health insurance; insurer; subrogation .........................................................................HB 1030 Home inspectors; definition; provisions ...........................................................................SB 143 Hospital authorities; merger; provisions; open records and meetings ........................HB 689 Houseparents; liability and property insurance.............................................................HB 294 Juveniles; probation officer; detention authority ..........................................................HB 306 Limited Liability Company Act; enact............................................................................HB 264 Limousine carriers; regulation by Public Service Commission ....................................SB 317 Lottery prizes; setoff debt collection; establish procedures..........................................SB 104 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle accident claim............................................................................................HB 471 State employees; mass transit employee benefit; provisions.......................................HB 667 State Forestry Commission; unpaid volunteers; authorization ......................................SB 51 State government; certain employee complaints; provisions ..........................................SB 89 Third-party settlements; written notice...........................................................................SB 146 Torts; certain voluntary services for public schools.........................................................SB 41 Torts; collateral sources.....................................................................................................HB 752 Torts; dental students; immunity .....................................................................................SB 165 Torts; physicians as volunteer team doctors ..................................................................HB 252 Torts; Roller Skating Safety Act of 1993; enact............................................................HB 140 Torts; sexual harassment; right of action; limitation....................................................HB 994 Unattended vehicles; removal from roadways; amend provisions..................................SB 92 Wrongful death of spouse or parent; minors; division of recovery..............................SB 173
LIBERTY BAPTIST CHURCH; commend.................................................................HR 285
LIBERTY COUNTY Board of commissioners; districts....................................................................................HB 855 Board of education; compensation...................................................................................HB 474 Board of education; districts.............................................................................................HB 858 Board of elections; provisions.........................................................................................HB 1049 Tax commissioner; compensation.....................................................................................HB 473
LIBRARIES State public documents; responsibility of director of University of Georgia Libraries....................................................................................HB 463
LICENSE PLATES AND REGISTRATION Antique vehicles; ad valorem taxes; special plates........................................................HB 520 Certain revocation; special plates; commemorate 1996 Olympic Games ...................HB 320 Disabled veterans; amend provisions................................................................................SB 242 Motor vehicle registration; nonresident and visiting drivers; violation .......................HB 55 Motor vehicle registration; out-of-state certificate of title ..........................................HB 880 Motor vehicle registration; proof required; surrender of driver's license upon reissuance.................................................................................HB 25 Motor vehicle registration; required proof; amend provisions.....................................HB 164 Motor vehicles; casual sales; tag agents collect sales tax .............................................HB 784 Motor vehicles; staggered registration; amend provisions............................................HB 514 Nonissuance; unpaid parking fines ..................................................................................HB 185 Purple Heart veterans; amend fees..................................................................................HB 113 Purple Heart veterans; annual fee exemption .................................................................HB 78 Revalidation decal requirement; penalty ..........................................................................HB 34 Revocation............................................................................................................................HB 564 Special plates; additional fees; delete requirement .......................................................HB 618 Special plates; additional fees; delete requirement.......................................................HB 698 Special plates; additional fees; delete requirement.......................................................HB 748 Special plates; amateur radio operators..........................................................................HB 292 Special plates; annual fees; amend ..................................................................................HB 980

Refer to numerical index for page numbers

2804

INDEX

LICENSE PLATES AND REGISTRATION (Continued) Special plates; disabled veterans......................................................................................HB 585 Special plates; firefighters; delete fee..............................................................................HB 291 Special plates; motor vehicle distributors...........:...........................................................HB 116 Special plates; registration fees; amend provisions .......................................................HB 824 Special plates; retired members of armed forces............................................................SB 367 Special plates; retired reservists.....................................................................................HB 1065 Tag agents; certain additional compensation; fee deduction.......................................HB 981 Time period for issuance; transfers; decals ....................................................................HB 479
LICENSES (Also, see Named License) Agriculture; commercial feed program; fees...................................................................HB 721 Ambulances; license fees; Indigent Care Trust Fund ...................................................HB 593 Asbestos Licensing Board; training requirement; certification ....................................SB 135 Auctioneers; regulation; amend provisions .....................................................................HB 826 Barbershops; licensing provision; apprentices..............................................................HB 1114 Blasters; licensing provisions ............................................................................................HB 866 Certain suspended driver's license; custody ...................................................................HB 227 Coin operated amusement machines; exemption...........................................................HB 263 Coin operated amusement machines; fee........................................................................HB 788 Coin operated amusement machines; repeal sales tax exemption and licensure provisions.............................................................................HB 800 Commerce and trade; Truth in Polling Act; enact........................................................HB 934 Commercial driver's license; operating vehicle without; penalties.................................SB 52 Commercial drivers' licenses; agricultural industry.......................................................HB 759 Cosmetologists; continuing education; certification ......................................................HB 506 Cosmetology; natural hair care specialists; regulate......................................................HB 801 Court reporting; amend provisions ..................................................................................HB 489 Dental hygienists; temporary licenses .............................................................................HB 409 Denturitry; regulate practice...........................................................................................HB 1150 Dietetics Practice Act; enact................................................................................................SB 20 Driver's license; administrative suspension for driving under the influence; first offense....................................................................................SB 27 Driver's license; exempt certain persons from requirements.......................................HB 290 Driver's license; exemptions; driver education course ...................................................SB 245 Driver's license; false application or improper use; penalty ..........................................HB 32 Driver's license; highlighted birthdate; renewal by mail..............................................HB 580 Driver's license; notice of revocation; time limit to request hearing............................HB 22 Driver's license; Public Safety Department records; compilation of lists ...........................................................................................................HB 23 Driver's license; reinstatement fees....................................................................................HB 28 Driver's license; replacement due to name or address change; fee.............................HB 704 Driver's license; surrender upon reissuance; motor vehicle registration; proof required................................................................................HB 25 Driver's license suspension; additional drug related crimes; provisions..........................................................................................................HB 1000 Driver's license suspension; completion of DUI Alcohol or Drug Use Risk Reduction Program for certain reinstatement...............HB 24 Driver's license suspension; proof of insurance; restricted driving permit..................................................................................................HB 21 Driver's license; under age 18; school requirement .......................................................HB 645 Driver training instructors ................................................................................................HB 476 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307 Driving under the influence; person under age 21; driver's license suspension.............................................................................................HB 647

Refer to numerical index for page numbers

INDEX

2805

LICENSES (Also, see Named License) (Continued) Electrical, plumbing, or conditioned air contracting; grandfathering ........................HB 952 Funeral directors and embalmers; continuing education .............................................HB 223 Game and fish; hunter education; certification requirement; nonresident......................................................................................................................HB 597 Health insurance; multiple employer self-insured plan; nonprofit educational organizations; licensing exemption ..........................................SB 17 Human Resources and Medical Assistance, Departments of; licensing of health facilities; certain hearing officers................................................HB 322 Human Resources Board; membership; practice of medicine .....................................HB 166 Insurance agents; display of license...................................................................................HB 77 Insurance counselors; fees.................................................................................................HB 540
Irrigation contractors; licensing........................................................................................HB 516 Landscape architects; amend provisions.........................................................................HB 714 License plates and drivers' licenses; certain disabled veterans ....................................SB 242
License plates; revocation..................................................................................................HB 564 Licensed practical nurses; licensure....................................................................................SB 25
Licensing boards; health and human services; include gerontology or geriatric education................................................................................HR 120
Malt beverages; home production; amount per year.....................................................HB 197 Marriage licenses; HIV testing .........................................................................................HB 179
Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Mobile barbershops; regulate............................................................................................HB 354
Mortgage lenders and mortgage brokers; licensing provisions.....................................SB 106 Mortgage lenders and mortgage brokers; regulation and licensure............................HB 237 Motor vehicle insurance; enforcement services by private entities ............................HB 416
Motor vehicle racetracks; Safety Fire Commissioner....................................................HB 213 Motor Vehicles Board, Department, and commissioner; create................................HB 1151
Occupational therapists; licensing; exception..................................................................SB 115 Open records; certain administrative proceedings; approval .......................................HB 822
Pawnbrokers; motor vehicle sales at auction; license...................................................HB 943 Personal care home; long-term care ombudsman..........................................................HB 649 Personal care home; rename adult residential care home............................................HB 848
Physicians; surgery and invasive procedures; repeal limitation .....................................SB 15 Professional counseling, social work, and marriage and
family therapy; definitions; licensing requirements...................................................SB 137
Professions and businesses; licensing; certain questions to be included on application........................................................................................SB 108
Psychologists; practicing without license; certain facilities..........................................HB 400 Psychologists; practicing without license; penalty............................................................SB 48 Registered forester; requirements for registration..........................................................SB 117
Respiratory care professional; amend provisions...........................................................HB 491 Saltwater recreational fishing...........................................................................................HB 594
Speech-language pathologists and audiologists; exemption.........................................HB 381 Speech-language pathologists and audiologists;
exemption; provisional licenses .......................................................................................SB 88 State Construction Industry Licensing Board; composition ........................................HB 653
Storage of fireworks; regulation........................................................................................HB 286 Taxation; contesting assessments; levies; release of liened property..........................HB 269
Taxation; contesting proposed assessment or license fee.............................................HB 268 Title insurers; licensing and regulation...........................................................................HB 886 Tobacco product vendors...................................................................................................SB 222
Transient merchants; business license; fee set by county ............................................HB 661 Unlicensed home health services; prohibitions ..............................................................HB 335
Used car dealers; definition; exclude pawnbrokers .......................................................HB 324 Water well contractors; continuing education................................................................HB 224 Water well contractors; previous licensee; new license.................................................HB 915
Workers' compensation; self-insurance funds; solicitation of membership ...............HB 527

Refer to numerical index for page numbers

2806

INDEX

LIENS AND MORTGAGES Abandoned motor vehicles; lien foreclosure affidavit; filing fee .................................HB 321 Brokerage Relationships in Real Estate Transactions Act; enact ...............................SB 227 Commercial Real Estate Broker Lien Act; enact...........................................................HB 523 Condominiums; amend provisions....................................................................................HB 572 Eminent domain; condemnation award; set off by water or tax liens .......................HB 989 Federal tax liens; filing; superior court clerk ....................................................................SB 85 Health insurance; insurer; subrogation .........................................................................HB 1030 Innkeepers; define guest; amend provisions .................................................................HB 1097 Judgment liens; property possessed by purchaser for 4 years.......................................HB 72 Lottery; lien against winnings by state agencies ...........................................................HB 724 Lottery prizes; setoff debt collection; establish procedures..........................................SB 104 Mechanics' and materialmen's liens; notice of commencement ..................................HB 544 Mortgage lenders and mortgage brokers; licensing provisions .....................................SB 106 Mortgage lenders and mortgage brokers; regulation and licensure ............................HB 237 Property Owners' Association Act; enact........................................................................HB 574 Residential Security Deed Act; enact...............................................................................SB 105 Taxation; contesting assessments; levies; release of liened property..........................HB 269 Title insurers; licensing and regulation...........................................................................HB 886 Uniform Commercial Code - Leases; enact ....................................................................HB 395 Veterinarians and animal boarders; disposal or sale of animals; notice .....................SB 130 Water suppliers; unpaid charges; limited liens ..............................................................HB 862
LIEUTENANT GOVERNOR Communications......................................................................Pages 57, 148, 150, 152, 154, 156
LIFE INSURANCE Corporations; insurable interest in employees; insurers; investments of funds .......................................................................................................SB 133 Corporations or trusts; insurable interest in employees...............................................HB 484 Fraternal benefit societies; revise provisions..................................................................HB 383 Industrial life insurance; maximum face amount of policy........................................HB 1127 Notices by insurers; revise provisions; valuation of accident and sickness and disability plans ..................................................................SB 230 Policies and documents; simplification of form.............................................................HB 900 Premium refunds; time limitation ...................................................................................HB 864 Valuation of reserves; opinion of qualified actuary.......................................................HB 895
LINCOLN COUNTY; office of treasurer; abolish.........................................................HB 976
LITHIA SPRINGS, TOWN OF New charter .......................................................................................................................HB 1053 Re-establishment; commend .............................................................................................HR 252
LITTER Junkyards; regulation and control ...................................................................................HB 180 Public trash or garbage containers; prohibitions.............................................................HB 95 Waste Control Law; enact..................................................................................................SB 275
LITTLE FRIENDSHIP MISSIONARY BAPTIST CHURCH; commend........HR 586
LIVESTOCK Hartsfield Atlanta International Airport; urge designation of import and export equine facility...........................................................................HR 433 Veterinarians and animal boarders; disposal or sale of animals; notice .................................................................................................................SB 130
LOANS Home improvement; security instrument; provisions ...................................................HB 694

Refer to numerical index for page numbers

INDEX

2807

LOANS (Continued) Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Residential Security Deed Act; enact...............................................................................SB 105
LOBBYING Ethics training courses.......................................................................................................HB 392 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions ........................................................................................HB 760 Lobbyist disclosure reports; requirement .......................................................................HB 432
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Ad valorem tax; certain reports; amend provisions.......................................................HB 221 Bills or resolutions requiring expenditure of funds; fiscal note - CA ..........................HR 58 Certain property in adjoining county; prohibit purchase.............................................HB 715 Community Right-to-Know Trust Fund; General Assembly provide by general law - CA.........................................................................................HR 241 Counties; boards of commissioners; provisions ................................................................HB 96 Counties, municipalities, and school systems; multiyear contracts; repeal; reenact...............................................................................................HB 330 Counties; Parents' Committee; provisions ....................................................................HB 1062 County and municipal consolidation; referendum.............................................................HB 2 County attorney serving as municipal court judge; prohibitions ................................HB 345 County commissioners and chairmen; bipartisan elections..........................................HB 241 Development authorities; county projects in municipalities......................................HB 1143 Development impact fees; water or sewer service; amend provisions ............................HB 1 Elections; early voting; provisions....................................................................................HB 738 Eminent domain; condemnation award; set off by water or tax liens .......................HB 989 Fair rent commissions; create .............................................................................................HB 98 Federal funds for federally mandated programs; urge Congress propose constitutional amendment .............................................................HR 260 Financial audits; expenditure level ..................................................................................HB 137 Joint Boundaries of Regional Development Centers Study Committee; create ...............................................................................................HR 118 Law enforcement officers; transportation of arrested person; jurisdiction .........................................................................................................HB 107 Local Government Efficiency Act; enact ..........................................................................HB 83 Local income tax; referendum to impose; revise provisions ........................................HB 742 Local retirement funds; investments ...............................................................................HB 278 Multiyear lease purchase contracts; prohibit ...................................................................HB 44 Municipal charter commissions; provisions....................................................................HB 805 Municipal corporations; repeal of charter; lack of services............................................HB 84 Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926 Municipalities; disposition of property ...........................................................................HB 755 Municipalities; minimum distance between boundaries; exception............................HB 605 Occupation taxes; regulatory fees; comprehensive revision .........................................HB 362 Open meetings; repeal certain penalty provisions .........................................................HB 903 Participation in federal programs; expenditures ...........................................................HB 728 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create ............................................HB 67 Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA ........................HR 262 Programs mandated locally by state; urge General Assembly provide state funds.......................................................................................HR 261 Public contractors; bonds; notice of commencement requirements............................HB 543 Public debt; solid waste; certain facilities ......................................................................HB 849 Public works contracts; certain counties; female business enterprises ......................HB 281 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Referendum provisions ......................................................................................................HB 262

Refer to numerical index for page numbers

2808

INDEX

LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Revenue bonds; telecommunications systems; provisions ..........................................HB 1145 Ride-sharing programs; financial support by Department of Transportation...............................................................................................................SB 93 State or local bonded indebtedness; private legal counsel; selection by competitive bidding...................................................................HB 740 State Tollway Authority; property; toll provisions; penalties ........................................SB 91 Unattended vehicles; removal from roadways; amend provisions..................................SB 92 Water suppliers; unpaid charges; limited liens ..............................................................HB 862 Zoning hearings; notification.............................................................................................HB 235 Zoning; procedures for adopting ordinance; clarify.......................................................HB 810
LOCUST GROVE ELEMENTARY SCHOOL; commend.........................................HR 76
LONG COUNTY; deputy sheriffs; compensation ..........................................................HB 869
LORD, TERESA; invite to House ....................................................................................HR 236
LOST MOUNTAIN MIDDLE SCHOOL; commend.................................................HR 184
LOTTERY Council for School Performance; create.............................................................................SB 73 Distilled spirits; retail dealers; promote lottery..............................................................SB 206 Excise tax; ticket sales .........................................................................................................HB 56 Lien against winnings by state agencies .........................................................................HB 724 Prizes; setoff debt collection; establish procedures........................................................SB 104 Tickets; certain sale or advertising; prohibit..................................................................HB 767
LT. HAROLD "PINKY" DURHAM MEDAL OF HONOR HIGHWAY; designate........................--.-..-------..-...-..-..--..---.---.-HR 400
LUCAS, DAVID, JR.; invite to House............................................................................HR 318
LUCAS, PATRICK; commend ...........................................................................................HR 45
LUCIUS D. CLAY MEMORIAL PARKWAY Designate..............................................................................................................................HR 383 Designate...............................................................................................................................SR 158
LUKE, JOHN LEWIS; commend....................................................................................HR 245
LULA, CITY OF; new charter.........................................................................................HB 1109

M
MACK, JUANITA R.; condolences.................................................................................HR 505 MACON COUNTY; convey property...............................................................................HR 123 MADDOX, CLAUDE; commend......................................................................................HR 599 MADISON, CITY OF
Mayor and council; districts..............................................................................................HB 249 Mayor and council; elections.............................................................................................HB 332 MAGISTRATE COURTS Amend provisions................................................................................................................SB 315
Refer to numerical index for page numbers

INDEX

2809

MAGISTRATE COURTS (Continued) Bad check prosecution; forfeiture of bonds....................................................................HB 326 Civil proceedings; amend provisions................................................................................HB 327 Deposit of funds held; interest-bearing accounts ..........................................................HB 402 State court clerks; serve as magistrate court clerk.........................................................SB 196 Trial Judges and Solicitors Retirement; magistrate judges; membership ......................................................................................................HB 1141
MALLARD, REVEREND CYRUS S., JR.; commend..............................................HR 494
MALONE, WILLIAM KEY "PETE"; commend ........................................................HR 472
MALT BEVERAGES (Also, see Alcoholic Beverages and Alcoholism) Driving under the influence; breath testing machine; components............................HB 798 Home production; amount per year.................................................................................HB 197 Multiple beverage containers; certain nonbiodegradable packaging; prohibit.........................................................................................................HB 203 Nude dancing; regulation; General Assembly authorize by law - CA ........................HR 178 Prohibit possession by passenger in motor vehicle ........................................................SB 128 Sales by coliseum authorities............................................................................................HB 131 Sales by coliseum authorities...............................................................................................SB 14 Sales; polling place prohibition; exception .....................................................................HB 182 Sunday sales during certain hours; consumption on premises.....................................SB 314
MANN, HONORABLE HAROLD; commend .............................................................HR 369
MANUEL, WOODY; commend ........................................................................................HR 353
MARABLE, BLANE; commend.......................................................................................HR 204
MARIETTA, CITY OF Board of education; election.............................................................................................HB 226 Board of education; fiscal provisions...............................................................................HB 394 Board of education; membership.....................................................................................HB 393 Board of education; tax levies ..........................................................................................HB 487 Cobb-Marietta Coliseum and Exhibit Hall Authority; convention facility naming ............................................................................................HB 557 Cobb-Marietta Coliseum and Exhibit Hall Authority; members.................................SB 389 Finance director serve as treasurer................................................................................HB 1005
MARIETTA HIGH SCHOOL BLUE DEVILS 1992 FOOTBALL TEAM; commend ..............................................................................................................HR 489
MARIJUANA Controlled substances; forfeitures; claims.......................................................................HB 712 Controlled substances; forfeitures; disposition................................................................SB 237 Crimes; commission by felon using firearm....................................................................HB 832 Firearm possession; marijuana offense; penalty.............................................................HB 765 Prisons; furnishing to prisoners prohibited ......................................................................HB 29 School bus drivers; drug and alcohol testing..................................................................HB 372
MARION COUNTY Board of commissioners; compensation.............................................................................HB 19 Board of education; election provisions ..........................................................................HB 845
MARRIAGE (Also, see Domestic Relations) Common-law marriage; prohibit after certain date..........................................................SB 36 Licenses; HIV testing.........................................................................................................HB 179 Licenses; HIV testing; confidentiality .............................................................................HB 445 Professional counseling, social work, and marriage and family therapy; definitions; licensing requirements...................................................SB 137

Refer to numerical index for page numbers

2810

INDEX

MARSHALL, THURGOOD Former United States Supreme Court Justice; condolences .......................................HR 148 Former United States Supreme Court Justice; condolences .......................................HR 265
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Bus shelters on public rights of way; amend provisions ...............................................SB 343 Definition of operating costs; exclusions..........................................................................SB 278 Local sales tax; limitation; exempt ..................................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions ................................................................................................HR 215
MARTIN, REVEREND KENNETH B.; commend ...................................................HR 495
MASLIA, VICTOR D.; condolences ................................................................................HR 535
MASS TRANSPORTATION Federal Intermodal Surface Transportation Efficiency Act of 1991; Department of Transportation implement..................................................HB 669 Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 MARTA; definition of operating costs; exclusions.........................................................SB 278 Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions ................................................................................................HR 215 State employees; mass transit employee benefit; provisions .......................................HB 667
MATHIS, ALEC;commend.................................................................................................HR 71
MATHIS, FRANCES MILLER; commend ..................................................................HR 335
MATHIS, JAMES E., SR.; commend .............................................................................HR 338
MATHIS, THOMAS NELSON, SR.; commend..........................................................HR 208
MCCLINTON, HONORABLE JO ANN; committee assignment .........................Page 295
MCCOY, P. B.; commend ...................................................................................................HR 458
MCCURLEY, JOHN O.; commend .................................................................................HR 576
MCCUTCHEN, JOE K., JR.; commend ........................................................................HR 485
MCDUFFIE COUNTY Board of commissioners; certain annual report...........................................................HB 1021 Expenditures and fees; annual report ...........................................................................HB 1068
MCEACHERN HIGH SCHOOL WRESTLING TEAM; commend......................HR 431
MCENTYRE, WESLEY D.; commend...........................................................................HR 278
MCINTOSH COUNTY State court; provisions........................................................................................................SB 382 Superior court; change terms............................................................................................HB 377
MCKELVEY, FORREST L.; commend.........................................................................HR 566
MCKINNEY, HONORABLE CYNTHIA ANN; invite to House...........................HR 306
MCKINNEY, HONORABLE J. E.; communication.......................................Pages 156, 157
MCLENDON, ANNIE; commend....................................................................................HR 617
MEDAL OF HONOR HIGHWAY FOR FREEMAN V. HORNER; designate................................................................................................... SR 234 Refer to numerical index for page numbers

INDEX

2811

MEDIA ETHICS AND ERROR REVIEW PANEL Urge journalists to support ...............................................................................................HR 611
MEDICAL ASSISTANCE, DEPARTMENT OF Licensing of health facilities; certain hearing officers ..................................................HB 322
MEETINGS Counties; Parents' Committee; provisions ....................................................................HB 1062 Hospital authorities; merger; provisions; open records and open meetings..........................................................................................................HB 689 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Open meetings; notice; certain legal organs ...................................................................HB 600 Open meetings; repeal certain penalty provisions .........................................................HB 903 Pardons and Paroles Board; inspection of votes ..............................................................SB 64
MENLO, CITY OF; elections; amend provisions ...........................................................HB 990
MENTAL HEALTH Accident and sickness insurance; mental disorders; repealers.....................................HB 761 Clinical nurse specialist in psychiatric/mental health; provisions ...............................SB 312 Elections; early voting; provisions....................................................................................HB 738 Mental health, mental retardation, and substance abuse programs; provision of services; revise .............................................................HB 100 Personal care home; rename adult residential care home............................................HB 848 Provision of services; revise .................................................................................................SB 49 Psychology; redefine practice............................................................................................HB 525
MERCER UNIVERSITY SOUTHERN SCHOOL OF PHARMACY Commend students.............................................................................................................HR 209
MERIT SYSTEM (Also, see State Employees or State Government) Certain Insurance Department employees; reclassify....................................................SB 339 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Natural Resources Department; certain employees; benefits ......................................HB 720 Office of Planning and Budget; develop plan to downsize government .........................SR 9 Office of Planning and Budget; employees in unclassified service................................SB 29 Sick leave; amend provisions ............................................................................................HB 167 Sick leave; provisions ............................................................................................................SB 53 State government; certain employee complaints; provisions ..........................................SB 89 State government; personnel expense; request plan to reduce....................................HR 384
MERIWETHER COUNTY Board of commissioners; reapportion..............................................................................HB 917 Board of education; reapportion ......................................................................................HB 916 Convey property ..................................................................................................................SR 180
METTER, CITY OF; Metter-Candler County Charter Commission; create.............HB 910
MEYER, KAREL LEA AND GREGORY GRAY BIGGS; commend..................HR 394
MICHELS, STEPHANIE; invite to House ...................................................................HR 365
MIDTOWN ATLANTA DAY; commend......................................................................HR 345
MILITARY AFFAIRS Civil War Commission; create.............................................................................................SR 21 Defense Finance and Accounting Services facility; establish .........................................SB 30 Emergency "911" system; joint authorities; military bases .........................................HB 719 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit..............................................HB 1129

Refer to numerical index for page numbers

2812

INDEX

MILITARY AFFAIRS (Continued) Employees' Retirement; Vietnam service credit..........................................................HB 1111 Georgia Civil War Commission; create............................................................................HB 997 Georgia Civil War Resources Commission; create .........................................................HR 403 Homosexuals in military; preserve ban prohibiting; urge Congress ...........................HR 234 Military activity not authorized by Congress; urge Congress not fund .....................HR 417 Monuments Protection Act; enact ...................................................................................HB 553 National Guard; rights and privileges; members in another state..............................HB 428 Personal care home; rename adult residential care home............................................HB 848 Public officers and employees; military duty; sick leave..............................................HB 358 Public retirement systems; certain military service credit; amend provisions................................................................................................HB 902 Purple Heart veterans; license plates; amend fees........................................................HB 113 Purple Heart veterans; license plates; annual fee exemption........................................HB 78 Special license plates; disabled veterans.........................................................................HB 585 Special license plates; retired members of armed forces...............................................SB 367 Special license plates; retired reservists........................................................................HB 1065 State Defense Force; amend provisions ..........................................................................HB 969 State Defense Force; amend provisions ...........................................................................SB 368 United States Army Corps of Engineers; urge remaining in Savannah.....................HR 311
MILLEN, CITY OF; corporate limits..............................................................................HB 853
MILLER COUNTY; designated motor vehicle registration periods; repeal .............HB 614
MILLER, GENERUTH "GENE"; condolences..............................................................HR 32
MILLER, JAMES EDO (SONNY); commend ............................................................HR 187
MILLER, KARA; commend ................................................................................................HR 44
MILLS, JASON BISHOP; commend.............................................................................HR 582
MINORS Abortion; Civil Rights Protection Act; enact .................................................................HB 716 Aid to families with dependent children; revise provisions ...........................................HB 85 Bicycle safety; children as passengers; helmet requirements; persons under age 16 .................................................................................SB 7 Child abuse and juvenile court records; access by certain school personnel.................................................................................................HB 333 Child abuse evidence; report to district attorney ..........................................................HB 530 Child abuse reports; access; sexual abuse of minor defined .............................................SB 2 Child abuse reports; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined ...................................SB 1 Child Advocacy Act; enact ................................................................................................HB 529 Child custody; amend provisions......................................................................................HB 575 Child custody; death of custodial parent; child 14 years or older ..............................HB 483 Child custody; temporary change; discretion of court; child support; certain employment records .................................................................SB 269 Child molestation and aggravated child molestation; second offense; punishment ..........................................................................................HB 130 Child Nutrition Employee Appreciation Day; designate..............................................HR 355 Child support award; computation ..................................................................................HB 577 Child support; certain employers; report hiring and rehiring of certain employees..........................................................................................HB 89 Child support; net income.................................................................................................HB 642 Childhood immunization program; urge use of certain federal funding....................HR 504 Children and Youth Services, Department of; authority to apprehend; unruly and delinquent children..........................................................HB 299

Refer to numerical index for page numbers

INDEX

2813

MINORS (Continued) Children and Youth Services, Department of; certain law enforcement powers; unruly and delinquent children .......................................HB 296 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Contributing to delinquency of minor; violent crimes; penalties................................HB 533 Deprived children; disposition; certain prosecution; evidence of family violence or child abuse ......................................................................SB 3 Discipline in schools; prohibit corporal punishment.........................................................HB 6 Dispossessory proceedings; reports to Department of Family and Children Services.......................................................................................HB 723 Domestic relations; certain actions; seminar.....................................................................SB 63 Driver's license; exempt certain persons from requirements.......................................HB 290 Driver's license; exemptions; driver education course ...................................................SB 245 Driver's license; persons under age 18; school requirement.........................................HB 645 Driving under the influence; alcohol concentration level.............................................HB 622 Education; enrollment counts; driver education course ...............................................HB 718 Education; students' social security numbers; local school boards; elected members; appointed school superintendents......................HB 300 Electronically furnishing obscene materials to minors; define offense ..................................................................................................................HB 138 Foster parents; records checks..........................................................................................HB 168
Game and fish; hunter education; certification requirement; nonresident licensing......................................................................................................HB 597
Georgia Child Care Council; staggered terms; repeal automatic repealer ...........................................................................................................SB 197
Georgia Lead Poisoning Prevention Study Committee; create ...................................HR 180 Grandparent visitation rights; ex-affines grandparents................................................HB 573 Grandparent visitation rights; stepparent adoption......................................................HB 511 Health insurance; basic plan; include certain Medicaid recipients .............................SB 210 Home Instruction Program for Preschool Youngsters (HIPPY); urge use................HR 255 House Interagency Collaboration for School Based
Services to Youth Study Committee; create ..............................................................HR 426 Houseparents; liability and property insurance.............................................................HB 294 Hunter education courses; age requirement...................................................................HB 163 In open bed pickups; prohibit on interstate or four lane highways ...............................HB 5 Income tax credit; child care or dependent care expenses...........................................HB 438 Juvenile delinquents; special alternative incarceration--
probation boot camps; provisions .................................................................................SB 150 Juvenile law enforcement records; inspection by school officials ................................SB 122 Juvenile proceedings; amend provisions .........................................................................HB 531 Juvenile proceedings; certain unruly child.....................................................................HB 141 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Juvenile proceedings; mediation; supervision fees .........................................................SB 358 Juveniles in custody; time for hearing; maximum incarceration ..............................HB 1066 Juveniles; probation officer; detention authority..........................................................HB 306 Mandatory education; age requirement .............................................................................SB 72 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Paternity determination; blood and genetic testing........................................................HB 90 Paternity determination; genetic testing; child support................................................SB 148 Probate court; service of guardian.....................................................................................HB 71
Quality basic education; child abuse prevention education; require course ................................................................................................................HB 1064
Quality basic education; Individual Education Program; parental access ................................................................................................................HB 999
Quality basic education; sex education courses; regulations........................................HB 357
Quality basic education; summer school program; certain students.........................HB 1130
School enrollment; social security number; repeal certain requirement....................HB 488

Refer to numerical index for page numbers

2814

INDEX

MINORS (Continued) Seat belts; children under age 16..........................................................................................SB 6 Seat belts; failure to secure on minors over age four; penalty ........................................HB 4 Sex education and AIDS prevention instruction; certain requirements ....................HB 423 Statutory rape; change age................................................................................................HB 153 Tobacco products; possession by minor under age 18 ..................................................HB 638 Tobacco products; possession; licensing of vendors; free samples...............................SB 222 Wiretapping; recording telephone conversation; consent by order of judge...............................................................................................................HB 47 Wrongful death of spouse or parent; division of recovery ............................................SB 173 Year's support; define child ...............................................................................................SB 172
MITCHELL-BAKER HIGH SCHOOL EAGLES Football team; commend .....................................................................................................HR 25 Football team; commend; invite Coach Jack Johnson and assistants to House...........................................................................................................HR 20 Varsity cheerleaders; commend ..........................................................................................HR 27
MITCHELL COUNTY Board of education; districts.............................................................................................HB 365 Commissioner districts; composition ...............................................................................HB 364
MITCHELL, WALTER, JR.; commend .........................................................................SR 125
MOBILE HOMES Ad valorem tax; classification .........................................................................................HB 1140 Certificate of title; amend provisions ..............................................................................HB 164 Transporting to another county; decal............................................................................HB 561 Transporting to another county; decal.............................................................................SB 209
MONROE, CITY OF Election districts...............................................................................................................HB 1028 Police department; commend ...........................................................................................HR 549 Volunteer fire department; commend .............................................................................HR 548 Water, Light, and Gas Commission; commend..............................................................HR 550
MONROE COUNTY Board of education; reconstitute ......................................................................................HB 687 Commissioner districts; reapportion ................................................................................HB 697
MOORE, DR. ALAN A., JR.; condolences ....................................................................HR 490
MOORE, GENE AND MAXINE; commend ................................................................HR 135
MOOREHEAD, SAMUEL NATHAN; commend .......................................................HR 453
MORELAND, TOWN OF; mayor and aldermen; terms ..............................................HB 411
MORGAN COUNTY Board of commissioners; districts ....................................................................................HB 156 Board of education; reapportion ......................................................................................HB 155
MORGAN COUNTY HIGH SCHOOL CHAPTER OF THE FUTURE FARMERS OF AMERICA; commend...................................................HR 143
MORGAN, WENDY ELIZABETH; commend ............................................................HR 583
MORTGAGES (See Liens and Mortgages)
MORROW, CITY OF Commend.............................................................................................................................HR 377 Homestead exemption; certain residents .........................................................................SB 217

Refer to numerical index for page numbers

INDEX

2815

MORROW HIGH SCHOOL LADY MUSTANGS; invite to House......................HR 464
MOSELEY, HARRY K.; commend .................................................................................HR 623
MOSS, JAMES; commend.................................................................................................HR 528
MOTLEY, PEARL; commend...........................................................................................HR 439
MOTOR CARRIERS Commercial driver's license; operating vehicle without; penalties.................................SB 52 Highways; excess dimensions; wood roof and floor trusses...........................................SB 238 Highways; length of vehicle loads; unprocessed forest products.................................HB 660 Limousine carriers; Public Service Commission regulate.............................................HB 847 Limousine carriers; Public Service Commission regulate..............................................SB 317 Motor common carriers and motor contract carriers; ambulances; pulpwood trailers and pole trailers ..............................................................................HB 242 Motor common carriers and motor contract carriers; definitions ...............................HB 391 Unemployment compensation; workers' compensation; independent contract carriers .......................................................................................HB 678
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Additional 5 cents per gallon - CA..................................................................................HR 269 Appropriate for transportation system - CA..................................................................HR 271 Compressed natural gas; gallon equivalent.....................................................................HB 928 Compressed petroleum gas; gallon equivalent ................................................................SB 141 Counties and municipalities; special districts ................................................................HB 186 Dealer collection refanbursement......................................................................................HB 472 Importation and storage; amend provisions ...................................................................HB 630 Increase.................................................................................................................................HB 785 Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Sales and use tax; increase one percent; education funding........................................HB 613
MOTOR VEHICLE ACCIDENT INSURANCE Amend provisions ...............................................................................................................HB 164 Certain optional coverage ..................................................................................................HB 770 Claim; liability .....................................................................................................................HB 471 Discounts; certain drivers ..................................................................................................HB 648 Driver's license; reinstatement fees........;...........................................................................HB 28 Driver's license suspension; proof of insurance; restricted driving permit..................................................................................................HB 21 Enforcement services by private entities ........................................................................HB 416 Glass replacement or repair .................................................................................................SB 47 House Study Committee on Private No-Fault Motor Vehicle Insurance; create .............................................................................................................HR 127 Personal lines policy; agent's service fee.......................................................................HB 1163 Premiums; geographic factor.............................................................................................HB 231 Prohibit surcharge; driver clinic attendance ..................................................................HB 823 Proof of insurance; financial responsibility ......................................................................HB 26 State Forestry Commission; unpaid volunteers; authorization ......................................SB 51 Surcharge; accidents with emergency medical technicians or firefighters...................HB 69
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; lien foreclosure affidavit; filing fee .................................HB 321 Abandoned motor vehicles; removal or storage; required notice; derelict motor vehicles ......................................................................................HB 447 Ad valorem tax; heavy-duty construction equipment; nonresidents ..........................HB 547 Ad valorem tax; payment by credit card........................................................................HB 513 Alcoholic beverages; prohibit possession by front-seat passenger ...............................SB 128

Refer to numerical index for page numbers

2816

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Alcoholic beverages; prohibit sale for consumption at gasoline retail outlets.....................................................................................................HB 202 Antifreeze; prohibitions .....................................................................................................HB 209 Antique vehicles; ad valorem taxes; special license plates ...........................................HB 520 Bicycle safety; children as passengers; helmet requirements; persons under age 16.................................................................................SB 7 Bicycles on roadways; exceptions to right side requirement .......................................HB 827 Board, Department, and commissioner; create ............................................................HB 1151 Casual sales; sales tax exemption.....................................................................................HB 169 Casual sales; tag agents collect sales tax.........................................................................HB 784 Certain carriers, major components, and replacement parts; sales tax exemption .............................................................................................HB 176 Certain casual sales; sales tax exemption.......................................................................HB 640 Certain sales to nonresidents; repeal sales tax exemption...........................................HB 219 Certain suspended driver's license; custody ...................................................................HB 227 Certificate of title and registration; amend provisions .................................................HB 164 Certificate of title; transfer by assignment.....................................................................HB 986 Commercial driver's license; agricultural industry ........................................................HB 759 Commercial driver's license; operating vehicle without; penalties.................................SB 52 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create.............................SR 93 Compressed natural gas for vehicular fuel; safety fire commissioner; permit fees......................................................................................HB 386 Courts; fines and forfeitures; certain traffic offenses; administrative fee.........................................................................................HB 1162 Day-care centers; vans or buses; lighting requirements ...............................................HB 571 Dealers; reassignments; certificate of title ......................................................................HB 692 Dealer transfers; uniform procedures ..............................................................................HB 404 Deceptive practices; promotions; DUI programs; confidentiality of complaints .........................................................................................SB 231 Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use ..........................................................SB 109 Driver training instructors; licenses.................................................................................HB 476 Driver's license; administrative suspension for driving under the influence; first offense....................................................................................SB 27 Driver's license; exempt certain persons from requirements.......................................HB 290 Driver's license; exemptions; driver education course ...................................................SB 245 Driver's license; false application or improper use; penalty..........................................HB 32 Driver's license; highlighted birthdate; renewal by mail..............................................HB 580 Driver's license; notice of revocation; time limit to request hearing............................HB 22 Driver's license; persons under age 18; school requirement.........................................HB 645 Driver's license; Public Safety Department records; compilation of lists...........................................................................................................HB 23 Driver's license; reinstatement fees....................................................................................HB 28 Driver's license; replacement due to name or address change; fee.............................HB 704 Driver's license suspension; additional drug related crimes; provisions..........................................................................................................HB 1000
Driver's license suspension; completion of DUI Alcohol or Drug Use Risk Reduction Program for certain reinstatement ..................................HB 24
Driver's license suspension; proof of insurance; restricted driving permit....................................................................................................................HB 21
Driving under the influence; breath testing machine; components............................HB 798
Driving under the influence; chemical test; arresting officer .......................................SB 163
Driving under the influence; chemical test; information required from arresting officer...................................................................................HB 1073

Refer to numerical index for page numbers

INDEX

2817

MOTOR VEHICLES AND TRAFFIC (Continued) Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 480 Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ........................SB 307 Driving under the influence; nolo contendere plea; completion of DUI Alcohol or Drug Use Risk Reduction Program........................HB 475 Driving under the influence; persons under age 21; alcohol concentration level..........................................................................................................HB 622 Driving under the influence; persons under age 21; license suspension ....................HB 647 Driving under the influence; prohibit possession of alcoholic beverage by convicted person.......................................................................HB 382 Driving under the influence; solicitation for clinic or program; prohibitions..............................,.................................................................HB 508 Driving under the influence; third or subsequent conviction; publication....................................................................................................SB 119 DUI Alcohol or Drug Use Risk Reduction Programs; regulate...................................HB 477 Education; enrollment counts; driver education course ...............................................HB 718 Emergency wreckers; provisions .......................................................................................HB 711 Emission inspections; extend to all counties..................................................................HB 623 Fleeing, eluding, or impersonating law enforcement officer; penalty.........................HB 198 Fleeing or eluding peace officer; penalty ..........................................................................HB 31 Georgia Bureau of Investigation labs; controlled substances or dangerous drugs; testing .......................................................................HB 838 Handicapped parking violations; penalties.......................................................................HB 94 Highways; designated travel lanes; penalties for violations of use ................................SB 90 Highways; excess dimensions; wood roof and floor trusses...........................................SB 238 Highways; length of vehicle loads; unprocessed forest products.................................HB 660 Highways; weight of vehicle loads; comp!iance.................................................................SB 38 House Study Committee on Private No-Fault Motor Vehicle Insurance; create...............................................................................................HR 127 Ignition interlock device; condition of probation for driving under the influence .......................................................................................SB 28 Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Insurance; certain optional coverage................................................................................HB 770 Insurance; discounts; certain drivers ...............................................................................HB 648 Insurance; enforcement services by private entities......................................................HB 416 Insurance; glass replacement or repair...............................................................................SB 47 Insurance; personal lines policy; agent's service fee....................................................HB 1163 Insurance; premiums; geographic factor..........................................................................HB 231 Insurance; prohibit surcharge; driver clinic attendance ...............................................HB 823 License plates and drivers' licenses; certain disabled veterans....................................SB 242 License plates; certain revocation; special plates; commemorate 1996 Olympic Games ............................................................................HB 320 License plates; Purple Heart veterans; amend fees ......................................................HB 113 License plates; Purple Heart veterans; annual fee exemption ......................................HB 78 License plates; revalidation decal requirement; penalty ................................................HB 34 License plates; revocation..................................................................................................HB 564 License plates; time period for issuance; transfers; decals...........................................HB 479 Limousine carriers; Public Service Commission regulate.............................................HB 847 Limousine carriers; Public Service Commission regulate..............................................SB 317 Minors in open bed pickups; prohibit on interstate or four lane highways..................HB 5
Motor fuel tax; additional 5 cents per gallon - CA.......................................................HR 269
Motor fuel tax; appropriate for transportation system - CA.......................................HR 271
Motor fuel tax; compressed petroleum gas; gallon equivalent .....................................SB 141
Motor fuel tax; importation and storage; amend provisions........................................HB 630
Motor fuel tax; increase.....................................................................................................HB 785

Refer to numerical index for page numbers

2818

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle registration; proof required; surrender of driver's license upon reissuance.................................................................................HB 25 Motor vehicles sales; exempt sales tax; impose ad valorem tax..................................HB 799 Pawnbrokers; motor vehicle sales at auction; license ...................................................HB 943 Racetracks; licensing; Safety Fire Commissioner ..........................................................HB 213 Radar detectors; prohibit use ...........................................................................................HB 204 Registration; nonresident and visiting drivers; violation................................................HB 55 Registration; out-of-state certificate of title...................................................................HB 880 Registration records; inspection by private detectives .................................................HB 726 Return for taxation; amend provisions............................................................................HB 229 Ride-sharing programs; financial support by Department of Transportation...............................................................................................................SB 93 Right-of-way; law enforcement vehicle in traffic stop..................................................HB 287 Sales tax collection fee; certain casual sales...................................................................HB 451 Sales tax; exempt certain personal property and certain motor vehicles..................HB 430 School buses; load limit...................................................................................................HB 1029 School bus tire treads; requirements...............................................................................HB 214 Seat belts; children under age 16..........................................................................................SB 6 Seat belts; failure to secure on minors over age four; penalty........................................HB 4 Solid color vehicles; state patrol use................................................................................HB 111 Special license plates; additional fees; delete requirement..........................................HB 618 Special license plates; additional fees; delete requirement..........................................HB 698 Special license plates; additional fees; delete requirement ..........................................HB 748 Special license plates; amateur radio operators .............................................................HB 292 Special license plates; annual fees; amend .....................................................................HB 980 Special license plates; disabled veterans.........................................................................HB 585 Special license plates; firefighters; delete fee.................................................................HB 291 Special license plates; motor vehicle distributors..........................................................HB 116 Special license plates; registration fees; amend provisions ..........................................HB 824 Special license plates; retired members of armed forces...............................................SB 367 Special license plates; retired reservists........................................................................HB 1065 Speed detection devices; eliminate certain restriction...................................................SB 116 Speed detection devices; restrictions; exemption; certain counties ............................HB 199 Speed detection devices; warning signs; distance ..........................................................HB 128 Staggered registration; amend provisions .......................................................................HB 514 State Tollway Authority; property; toll provisions; penalties ........................................SB 91 Stolen motor vehicles; reports; notification....................................................................HB 172 Tag agents; certain additional compensation; fee deduction.......................................HB 981 Theft; carjacking; define offense....................................................................................HB 1080 Tractors, farm equipment, heavy equipment, and motor vehicles; regulation of distribution...............................................................................HB 454 Unattended vehicles; removal from roadways; amend provisions..................................SB 92 Uniform rules of the road; emergency medical technicians; certain privileges.........................................................................................HB 61 Uniform rules of the road; passenger behavior; tilted truck bed................................HB 165 Uniform rules of the road; proof of insurance; financial responsibility .......................HB 26 Uniform rules of the road; riding horse on roadway after dark; penalty ....................HB 27 Unpaid parking fines; nonissuance of registration and license plates........................HB 185 Vehicle loads; maximum weight; municipal solid waste transport .............................HB 879 Warranty rights; arbitrators; qualifications ....................................................................HB 418 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635
MOTORCYCLES Highways; designated travel lanes; penalties for violations of use ................................SB 90

Refer to numerical index for page numbers

INDEX

2819

MOTORCYCLES (Continued) "Motorcycle Awareness and You Month"; recognize May, 1993 ..................................HR 65 "Motorcycle Awareness and You Month"; recognize May, 1993 ................................HR 112 Motor vehicles; staggered registration; amend provisions............................................HB 514
MOULTRIE, HONORABLE ROY; commend.............................................................HR 219
MUELLER, HONORABLE ANNE; communication .................................................Page 59
MULLINAX, MILDRED; commend ................................................................................HR 70
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem tax; exempt property used for economic development - CA..................HR 132 Alcoholic beverages; sales by coliseum authorities........................................................HB 131 Alcoholic beverages; sales by coliseum authorities...........................................................SB 14 Alcoholic beverages; Sunday sales during certain hours; consumption on premises ...................................................................................SB 314 Attorney representing local government; service as part-time judge ..........................SB 120 Bus shelters on public rights of way; amend provisions ...............................................SB 343 Certain property in adjoining county; prohibit purchase.............................................HB 715 Charter schools; provisions...................................................................................................SB 74 Consolidation with county; referendum ..............................................................................HB 2 Council for School Performance; create.............................................................................SB 73 Counties and municipalities; debt incurred through certificate of participation; prohibit - CA...................................................................HR 290 County attorney serving as municipal court judge; prohibitions ................................HB 345 Defense Finance and Accounting Services facility; establish .........................................SB 30 Development authorities; county projects in municipalities......................................HB 1143 Development impact fees; water or sewer service; amend provisions ............................HB 1 Disposition of property ......................................................................................................HB 755 Education; certain local boards; certain fee exemption................................................HB 255 Education; local fair share funds; limitation ..................................................................HB 282 Education; parenting skills instruction; grades 8-12.....................................................HB 532 Elections; amend provisions..............................................................................................HB 802 Elections; purging voter registration lists.......................................................................HB 305 Elections; use county registration system .......................................................................HB 608 Emergency "911" system; joint authorities; military bases .........................................HB 719 Emergency "911" system; public authority to operate; local governments create..............................................................................................HB 1024 Eminent domain; condemnation award; set off by water or tax liens .......................HB 989 Excise tax; lottery ticket sales ............................................................................................HB 56 Fair rent commission; create...............................................................................................HB 98 Financial audits; expenditure level ..................................................................................HB 137 Fines and forfeitures; certain traffic offenses; administrative fee ............................HB 1162 Firearms; possession by certain city and county officials ............................................HB 490 Governmental entities; millage rate; advertisement; hearing ......................................HB 554 Hotel and motel tax; aviation museums .........................................................................HB 346 Hotel and motel tax; pedestrian walks and trails .........................................................HB 208 Housing authorities; commissioners and resident commissioners...............................HB 238 Inmates; offense of mutiny; state or local jails ..............................................................HB 870 Insurance; certain appeals of adverse decisions; temporary coverage ........................HB 568 Joint board of tax assessors; certain counties; repeal Act creating ............................HB 277 Joint Committee on State and Local Bonded Indebtedness; create .............................SR 37 Joint Study Commission on Revenue Structure; re-create.............................................SR 44 Jury lists; composition; amend provisions .......................................................................SB 193 Juvenile law enforcement records; inspection by school officials ................................SB 122 Local Government Efficiency Act; enact..........................................................................HB 83 Local school boards; certain meditation procedures; adopt policy .............................HB 582

Refer to numerical index for page numbers

2820

INDEX

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Local school superintendents; minimum salary .............................................................HB 248 Local school systems; equal athletic opportunities .......................................................HB 829 Local Tax Amnesty Program Act; enact.........................................................................HB 441 Minimum distance between boundaries; exception.......................................................HB 605 Motor fuel tax; special districts........................................................................................HB 186 Multiyear contracts; repeal; reenact................................................................................HB 330 Multiyear lease purchase contracts; prohibit ...................................................................HB 44 Municipal charter commissions; provisions....................................................................HB 805 Municipal courts; consolidated governments; misdemeanor jurisdiction...................HB 926 Municipal elections; "None of the Above" selection on ballot; runoffs.....................HB 739 Municipal law enforcement officers; transporting prisoners; provisions....................HB 150 Nude dancing; regulation; General Assembly authorize by law - CA .......!................HR 178 Occupation taxes; regulatory fees; comprehensive revision .........................................HB 362 Open meetings; repeal certain penalty provisions .........................................................HB 903 Part-time judges; recusal upon conflict of interest; local government representation ..................................................................................HB 344 Participation in federal programs; expenditures ...........................................................HB 728 Police chiefs; training requirements; increase hours......................................................SB 279 Polygraph examiners; public employees; repeal exemption .........................................HB 631 Programs mandated locally by state; funding - CA........................................................HR 10 Programs mandated locally by state; 90 percent state funding - CA ........................HR 262 Programs mandated locally by state; urge General Assembly provide state funds.......................................................................................HR 261 Public contractors; bonds; notice of commencement requirements............................HB 543 Public school contracts; local boards; certain banks.....................................................HB 737 Referendum provisions ......................................................................................................HB 262 Regional development centers; amend provisions .........................................................HB 753 Regional development centers; ratify certain transfer....................................................HR 64 Regional development centers; ratify certain transfers ................................................HR 360 Regional development centers; ratify certain transfers .................................................SR 238 Regional industrial park development; counties and municipalities share ad valorem tax proceeds - CA...................................................SR 203 Repeal of charter; lack of services .....................................................................................HB 84 Retirement funds; investments.........................................................................................HB 278 Sales tax and second motor fuel tax; dealer collection reimbursement; hotel and motel tax; certain local facilities....................................HB 472 School boards; elected members; appointed school superintendents .........................HB 300 School systems; educational enrichment tax; authorize - CA......................................HR 116 School systems; multiyear lease purchase contracts; prohibit.......................................HB 45
School systems; multiyear lease purchase contracts; real property prohibition ...............................................................................................HB 233
Sheriffs providing municipal police services; powers ....................................................HB 936 Solid waste disposal site; approval of electors ...............................................................HB 560 Speed detection devices; eliminate certain restriction...................................................SB 116 Speed detection devices; restrictions; exemption; certain counties ............................HB 199 Speed detection devices; warning signs; distance ..........................................................HB 128 State or local bonded indebtedness; private legal
counsel; selection by competitive bidding...................................................................HB 740 Tax amnesty; amend provisions........................................................................................SB 139 Tax sales; political subdivisions purchasing property; amount ...................................HB 565
Teachers Retirement; delete reference to appointed boards .......................................HB 316
Trademark or service mark; school boards.....................................................................HB 538
Traffic courts in certain cities; fines................................................................................HB 836
Unpaid parking fines; nonissuance of registration and license plates........................HB 185
Vehicle loads; maximum weight; municipal solid waste transport .............................HB 879

Refer to numerical index for page numbers

INDEX

2821

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Waste management; municipal solid waste reduction; exemption..............................HB 433 Waste management; yard trimmings; disposal...............................................................HB 624 Water pollution; combined sewer overflow system; sanctions........................................SB 19 Water suppliers; unpaid charges; limited liens ..............................................................HB 862 Workers' compensation; employee definition; municipal inmate; substitute systems standards...........................................................................SB 273 Zoning hearings; notification.............................................................................................HB 235 Zoning; procedures for adopting ordinance; clarify .......................................................HB 810
MURDER Assisted suicide; prohibit...................................................................................................HB 415 Assisted suicide; prohibit...................................................................................................HB 464 Contributing to delinquency of minor; violent crimes; penalties................................HB 533 Dangerous practices; machine gun or firearm with silencer; penalties ......................HB 652
MURRAY COUNTY HIGH SCHOOL WRESTLING TEAM; invite to House ....................................................................................................HR 371
MURRAY, KAY;commend...............................................................................................HR 493
MURRAYVILLE GATHERING; commend ................................................................HR 457
MUSCOGEE COUNTY Board of education; districts.............................................................................................HB 911 Columbus, City of; county-wide government; new charter ..........................................HB 634 Coroner; compensation.....................................................................................................HB 1001 School district; libraries.....................................................................................................HB 998 Sheriff; salary....................................................................................................................HB 1003
MUSGROVE, HONORABLE DOWNING; commend ...............................................SR 256
MUSIC Employees' Retirement; Music Hall of Fame Authority employees...........................HB 632 "Jekyll Island Musical Theatre Festival"; designate official state musical theatre.......................................................................................................SB 371 Music Hall of Fame Authority; members; compensation.............................................HB 885 Music in Our Schools Month and Music Week; commend observance at Randolph-Clay Comprehensive High, Randolph Elementary, and Clay County Elementary Schools, and Andrew College ............HR 483
MUSTANG 1992 ALL-STARS Commend.............................................................................................................................HR 370 Invite to House...................................................................................................................HR 364

N

NANCE, ERIN NICOLE; invite to House.....................................................................HR 416
NATIONAL FEDERATION OF INDEPENDENT BUSINESS; commend.....HR 540
NATIONAL GUARD Members in another state; rights and privileges ...........................................................HB 428 Special license plates; retired reservists........................................................................HB 1065 State Defense Force; amend provisions ..........................................................................HB 969 State Defense Force; amend provisions ...........................................................................SB 368
Refer to numerical index for page numbers

2822

INDEX

NEIGHBORHOOD COBB; commend............................................................................HR 381
NELSON, BILL W.; commend .........................................................................................HR 128
NELSON, CITY OF; reincorporate................................................................................HB 1051
NEWNAN, CITY OF; mayor and council; cable television...........................................SB 297
NEWTON COUNTY Board of commissioners; districts ....................................................................................HB 859 Board of education; districts.............................................................................................HB 856 Certain officers; base salary ............................................................................................HB 1152
NIELSEN, TIM, KEVN KINNEY, JEFF SULLIVAN, AND BUREN FOWLER; commend.......................................................................................HR 231
NIXON, WILEY T.; commend..........................................................................................HR 276
NONPROFIT CORPORATIONS Amend provisions ...............................................................................................................HB 149 Auctioneers; regulation; amend provisions .....................................................................HB 826 Health insurance; multiple employer self-insured plan; nonprofit educational organizations; licensing exemption ..........................................SB 17 Nonperpetual care cemeteries; exempt from registration ............................................HB 641 Raffles by nonprofit organizations; provisions - CA.....................................................HR 133 Raffles by nonprofit organizations; provisions - CA.....................................................HR 309 Raffles by nonprofit organizations; provisions - CA.....................................................HR 434 Raffles by nonprofit organizations; provisions - CA......................................................SR 107 Regional development centers; amend provisions.........................................................HB 753
NONRESIDENTS Ad valorem tax; heavy-duty construction equipment...................................................HB 547 Auctioneers; regulation; amend provisions .....................................................................HB 826 Certain motor vehicle sales; repeal sales tax exemption ..............................................HB 219 Game and fish; hunter education; certification requirement; nonresident licensing......................................................................................................HB 597 Income tax; taxable nonresident ......................................................................................HB 803 Jurisdiction; child support or alimony modification .....................................................HB 576 Motor vehicle registration; nonresident and visiting drivers; violation.......................HB 55 Partnerships, Subchapter "S" corporations, and limited liability companies; withholding on distributions to nonresident members .....................................................................................................HB 384 Sale or transfer of real property; income tax withholding...........................................HB 385 Taxable net income; certain shareholder adjustments .................................................HB 220
NORCROSS, CITY OF Corporate limits ..................................................................................................................HB 948 Election date; terms ...........................................................................................................HB 950
NORTH CLAYTON HIGH SCHOOL BOYS BASKETBALL TEAM; invite to House....................................................................................................HR 607
NORTH CLAYTON SENIOR HIGH SCHOOL BAND AND DIRECTOR VINCENT K. ROSSE; commend .......................................................HR 600
NORTH COBB HIGH SCHOOL MARCHING BAND; commend.......................HR 299
NORTH HALL HIGH SCHOOL WRESTLING TEAM; commend.....................HR 432
NORTHERN JUDICIAL CIRCUIT; add judge.........................................................HB 881
NUISANCES; junkyards; regulation and control ...........................................................HB 180

Refer to numerical index for page numbers

INDEX

2823

NUNN, MR. G. FRANCIS; commend ............................................................................HR 342
NURSES Clinical nurse specialist in psychiatric/mental health; provisions ...............................SB 312 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Lay Midwifery Act; enact..................................................................................................HB 904 Licensed practical nurses; licensure....................................................................................SB 25 Public Health Nurse Day in Georgia; designate............................................................HR 451 Service cancelable loans; certain registered nurses .....................................................HB 1103
NURSING HOMES Human Resources and Medical Assistance, Departments of; licensing of health facilities; certain hearing officers................................................HB 322
NUTRITIONAL FREEDOM DAY; declare February 17, 1993 ...............................HR 272
NYMAN, VARINA R.; commend ....................................................................................HR 279

o

OAKHURST CHURCH; commend.................................................................................HR 608
OATHS OF OFFICE Goodwin, Honorable Bill...................................................................................................Page 10 Members-elect.......................................................................................................................Page 9 Rivers, Honorable Robert E., Jr......................................................................................Page 12 Taylor, Honorable Maretta M..........................................................................................Page 10
OCCUPATIONAL THERAPISTS; licensing; exception ............................................SB 115
OCONEE JUDICIAL CIRCUIT; judges; supplement................................................HB 876
OGEECHEE JUDICIAL CIRCUIT; add judge ..........................................................HB 581
OGLETHORPE COUNTY; board of commissioners; vice-chairperson.....................HB 840
"OLD GEORGIA LAND"; designate official state poem..............................................HB 91
OLUGBEMI, DR. STEVE; commend.............................................................................HR 626
OLYMPICS Atlanta Paralympic Organizing Committee; commend; invite president G. Andrew Fleming to House......................................................................HR 340 Clayton County Olympic Coordinating Committee and the Atlanta Committee for Olympic Games; commend efforts to secure 1996 Olympic Women's Fast-Pitch Softball Event.......................................HR 497 Clayton County Olympic Coordinating Committee; support; endorse bid for 1996 Women's Fast-Pitch Softball Event......................................................HR 149 Coastal Area Games Authority; create .............................................................................SB 145 Excise tax; certain food service establishments .............................................................HB 578 Metropolitan Atlanta Olympic Games Overview Committee; create ...........................HR 63 Motor vehicle license plates; commemorate 1996 Olympic Games.............................HB 320 Olympic Challenge in schools; urge State Board of Education create.......................HR 303 Urge committees to seek advice of green industry ..........................................................SR 11
OMAHA, CITY OF; new charter ....................................................................................HB 1039
O'RILEY, DAVID N.; condolences ..................................................................................HR 517
Refer to numerical index for page numbers

2824

INDEX

OSCAR, JOYCE; commend...............................................................................................HR 474 OSLIN, GEORGE POER; commend...............................................................................HR 469 OWEN, DR. MARY JANE; commend ...........................................................................HR 298

PALMER, ADAM STAR; commend ..............................................................................HR 624
PANZITTA, LENNY; commend ......................................................................................HR 161
PARDONS AND PAROLES Criminal procedure; sentence of life without parole.....................................................HB 485 Death sentence commuted to life; prohibit parole - CA................................................HR 93 Open meetings; Pardons and Paroles Board; inspection of votes..................................SB 64 Prisoners; notification to victim of change in status .....................................................SB 252
PARENT AND CHILD Child abuse evidence; report to district attorney..........................................................HB 530 Child Abuse Prevention Panel; change name from Child Fatality Review Panel; amend provisions....................................................................SB 234 Child abuse reports; access; sexual abuse of minor defined .............................................SB 2 Child abuse reports; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined ...................................SB 1 Child custody; amend provisions......................................................................................HB 575 Child custody; death of custodial parent; child 14 years or older ..............................HB 483 Child custody; temporary award; court authorization ....................................................HB 10 Child custody; temporary change; discretion of court; child support; certain employment records...........................................................................SB 269 Child support award; computation..................................................................................HB 577 Child support; certain employers; report hiring and rehiring of certain employees..........................................................................................HB 89 Child support; certain unemployed parents; job training............................................HB 455 Child support; certain unemployment; job training......................................................HB 579 Child support; income deduction orders.........................................................................HB 261 Child support; net income.................................................................................................HB 642 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Counties; Parents' Committee; provisions....................................................................HB 1062 Domestic relations; certain actions; seminar.....................................................................SB 63 Domestic relations; define actions....................................................................................HB 679 Education; Individual Education Program; parental access ........................................HB 999 Education; parenting skills instruction; grades 8-12.....................................................HB 532 Family violence; arrest of perpetrator; victim's wishes................................................HB 534 Grandparent visitation rights; ex-affines grandparents................................................HB 573 Grandparent visitation rights; stepparent adoption......................................................HB 511 Home Instruction Program for Preschool Youngsters (HIPPY); urge use................HR 255 Juvenile proceedings; amend provisions .........................................................................HB 531 Juvenile proceedings; certain unruly child.....................................................................HB 141 Juvenile proceedings; deprived child; legal custody....................................................HB 1087 Lay Midwifery Act; enact..................................................................................................HB 904 Nonresident jurisdiction; child support or alimony modification...............................HB 576 Paternity determination; blood and genetic testing........................................................HB 90 Paternity determination; genetic testing; child support................................................SB 148 Public assistance; revise services.........................................................................................SB 26
Refer to numerical index for page numbers

INDEX

2825

PARENT AND CHILD (Continued) Seat belts; failure to secure on minors over age four; penalty ........................................HB 4 Vital records; spontaneous fetal deaths; reporting provisions.....................................HB 842 Wrongful death of spouse or parent; minors; division of recovery..............................SB 173 Year's support; define child ...............................................................................................SB 172
PARKS, HISTORIC AREAS AND COMMEMORATIONS Agrirama; designate as "Georgia's Living History Museum" ......................................HB 890 Certain parks and recreation lands; development; urge Congress appropriate funds ..........................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds ..........................................................................................HR 436 Certain state property in City of Atlanta; authorize rental agreement with The Georgia Trust for Historic Preservation, Inc.........................SR 153 Civil War Commission; create .............................................................................................SR 21 Conservation easements; creation or expansion; eminent domain..............................HB 751 Conservation ranger; retain weapon and badge; bears constituting threat; removal...........................................................................................SB 306 Ellis Gibbs Arnall Tribute Commission; create..............................................................SR 156 Fishing in public fishing area; fee..................................................................................HB 1125 Georgia Civil War Commission; create............................................................................HB 997 Georgia Civil War Resources Commission; create.........................................................HR 403 Georgia Historic Preservation Study Commission; create ...........................................HR 441 High Falls Lake; boat docks; permits..............................................................................HB 195 Historical Records Advisory Board; create......................................................................SB 271 Historic Chattahoochee Commission; members; amend provisions.............................SB 191 Jekyll Island--State Park Authority; limit fee increases.............................................HB 518 Jekyll Island--State Park Authority; membership .......................................................HB 517 Jekyll Island--State Park Authority; restrict certain activities..................................HB 519 Monuments Protection Act; enact ...................................................................................HB 553 Music Hall of Fame Authority; members; compensation.............................................HB 885 Nonperpetual care cemeteries; exempt from registration ............................................HB 641 North Georgia Mountains Authority; members; authorizations..................................HB 651 Prehistoric sites, burial grounds, ruins; archeological research; Council on American Indian Concerns; create ............................................HB 67 Public parks and recreation lands in Georgia; commend.............................................HR 635 State authorities; private participation; Upper Savannah River Development Authority; amend provisions......................................................HB 941 State parks; certain facilities and services; taxation .....................................................HB 954 Unclaimed historic property; disposition; provisions....................................................HB 329 Wildlife management areas; handicapped persons operate all-terrain vehicles ..........................................................................................................HB 635
PARRIS, JASON; commend ...............................................................................................HR 35
PARTON, DOLLY; commend...........................................................................................HR 366
PASLEY-FLETCHER FUNERAL HOME OF THOMASTON; commend .......HR 519
PATTY, KIMBERLY ELAINE; commend ..................................................................HR 580
PAULDING COUNTY; civil service system; amend provisions...............................HB 1054
PAWNBROKERS Motor vehicle sales at auction; license............................................................................HB 943 Used car dealers; definition; exclude pawnbrokers .......................................................HB 324
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACHTREE CITY, CITY OF Corporate limits ..................................................................................................................HB 747 Corporate limits..................................................................................................................HB 868

Refer to numerical index for page numbers

2826

INDEX

PEEBLES, GROVER C.; condolences............................................................................HR 636
PELOTE, PICCOLA O.; commend..................................................................................HR 294
PENAL INSTITUTIONS Alternative incarceration; adult education courses; participation; exception .................................................................................................HB 191 Cable television service to inmates; urge state correctional institutions not provide ...........................................................................HR 287 Corrections Department; notify victim of offender's death, release, or escape................................................................................................HB 211 County correctional institutions; deputy wardens; appointment ................................HB 353 Criminal procedure; sentence of life without parole .....................................................HB 485 Death sentence commuted to life; prohibit parole - CA................................................HR 93 DeKalb Diversion Center; urge Department of Corrections rename J. E. (Jimmy) Helms Diversion Center.........................................................HR 356 Furnishing certain items to prisoners prohibited; exception.........................................HB 29 Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" ........................................HR 438 Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" ........................................HR 553 Ignition interlock device; condition of probation for driving under the influence .......................................................................................SB 28 Inmate records maintained by sheriffs; inspection .........................................................HB 30 Inmates; medical treatment; reimbursement..................................................................HB 232 Inmates; offense of mutiny; state or local jails ..............................................................HB 870 Inmates; production of goods; exception to prohibited sales.......................................HB 844 Law enforcement officers; communicable diseases; threat of transmission ....................................................................................................HB 162 Prisoners; notification to victim of change in status .....................................................SB 252 Prisons; institutional stores; use of profits .....................................................................HB 380 Probation; community service; include service for aged and handicapped ...............HB 359 Probationers; certain sentence; county jail confinement..............................................HB 452 Probation fees; waiver; amendment; sanctions for failure to pay ..................................SB 87 Review of sentence imposed by judge without jury ........................................................HB 79 Special alternative incarceration; felony offenses..........................................................HB 352 Stalking and aggravated stalking; define offenses; conditions for pretrial release ..........................................................................................SB 13 Stalking and aggravated stalking; define offenses; conditions of probation....................................................................................................HB 37 State flag; required display; public buildings.................................................................HB 637
PENSIONS (See Retirement and Pensions)
PERKINS, CARRIE; commend .......................................................................................HR 459
PERRY, CITY OF Houston County; board of commissioners; meeting place............................................HB 756
PERRY, ROBERT WESTBROOK; commend.............................................................HR 596
PERSONAL CARE HOMES Defmitions............................................................................................................................HB 340 Employee records checks; definition of crime................................................................HB 650 Licensing; long-term care ombudsman.........................................;..................................HB 649 Rename adult residential care home ...............................................................................HB 848
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)

Refer to numerical index for page numbers

INDEX

2827

PHILLIP M. LANDRUM MEMORIAL HIGHWAY; designate.............................HR 55
PHYSICIANS AND OSTEOPATHS Anesthesiologists; schedule of charges.............................................................................HB 887 Biomedical waste thermal treatment technology facility; prohibit until 10/1/96.....................................................................................................HB 878 Chiropractors; scope of practice.......................................................................................HB 196 Human Resources Board; membership; practice of medicine .....................................HB 166 Patient referral for certain health care services; prohibitions .....................................HB 212 Patient Self-referral Act of 1993; enact ..........................................................................HB 920 Physicians' assistants; duties and functions...................................................................HB 537 Psychiatrists and psychologists; privileged communications.......................................HB 194 Speech-language pathologists and audiologists; licensing exemption.........................HB 381 Speech-language pathologists and audiologists; licensing exemption; provisional licenses .......................................................................................SB 88 Surgery and invasive procedures; repeal limitation.........................................................SB 15 Torts; volunteer team doctors; liability...........................................................................HB 252
PHYSICIAN'S CARE CLINIC; commend...................................................................HR 445
PICKENS COUNTY; commissioner; authority.............................................................HB 944
PIEDMONT JUDICIAL CIRCUIT; terms of court..................................................HB 792
PIKE COUNTY ARTS FACILITY AUTHORITY; create ....................................HB 985
PINKSTON, HONORABLE FRANK; resignation ....................................................Page 58
PLUMMER, ANNIE; commend.......................................................................................HR 475
PODIATRISTS; application for examination.................................................................HB 408
POLYGRAPH EXAMINERS; public employees; repeal exemption ........................HB 631
PONDER, MARGARET GREENE; condolences........................................................HR 572
POOLER, CITY OF; corporate limits............................................................................HB 1050
POORE, MRS. L. C.; compensate.....................................................................................HR 156
POST MORTEM EXAM ACT Death investigations; definitions; medical examiner; notification.................................SB 99
POSTON, HONORABLE MCCRACKEN; communications .............Pages 10, 1983, 2411
POSTSECONDARY EDUCATION American sign language; urge foreign language credit...................................................SR 128 Board of Regents; full-time employees; urge tuition remission ..................................HR 388 Board of Regents; limitations upon appropriations - CA ............................................HR 555 Board of Regents; limit certain appropriations...........................................................HB 1149 Board of Regents; urge promotion of black colleges to university status................................................................................................................HR 57 Criminal proceedings; third-year law students as assistants.......................................HB 190 Four-year college in Gordon County; Board of Regents appoint committee to study need..................................................................................HR 60 Garnishment; exempt certain student loans...................................................................HB 417 House Study Committee on Postsecondary Technical and Adult Education Finance; create..................................................................................HR 387 Kennesaw State College; urge Board of Regents expand graduate level programs in education..........................................................................HR 347 Local school funds; scholarships and loans ....................................................................HB 429 Nonpublic Postsecondary Education Commission; amend provisions .......................HB 929

Refer to numerical index for page numbers

2828

INDEX

POSTSECONDAHY EDUCATION (Continued) Nonpublic postsecondary education; public records; exemption ................................HB 938 Open records; exempt certain research information.....................................................HB 522 Proprietary schools; graduate placement requirements................................................HB 953 Quality basic education; secondary credit for postsecondary courses; amend provisions ....................................................................SB 369
POWDER SPRINGS, CITY OF; tax commissioner; establish office ........................SB 387
POWELL, ANNE H.; commend .......................................................................................HR 492
POWELL, MR. AND MRS. JOHN JAY; commend..................................................HR 207
PRESCRIPTION DRUGS AND PHARMACISTS Accident and sickness insurance; certain anti-cancer drug therapy; coverage ...................................................................................................HB 741 Accident and sickness insurance; certain anti-cancer drug therapy; coverage....................................................................................................SB 326 Evidence; privileged medical information.......................................................................HB 510 Evidence; privileged medical information........................................................................SB 154 Medical assistance; certain medicare recipients; prescription drugs ..........................HB 778 Patient Self-referral Act of 1993; enact..........................................................................HB 920
PRIMARIES (See Elections)
PRINCIPAL AND AGENT Conditional power of attorney; clarification....................................................................SB 171 Principal and sales representative; definitions; unfair practices against elderly or disabled; regulate ............................................................SB 295 Revise provisions to create agency ...................................................................................HB 515
PRINTING AND DOCUMENTS Code of Fair Campaign Practices; provisions.................................................................HB 469 Historical Records Advisory Board; create......................................................................SB 271 State agencies; purchasing guidelines; recycled materials.................................................SB 9 State agencies; stationery include telephone numbers...................................................HB 82 State agencies; synopsis of proposed rules; involuntary separation; job position remain open ...........................................................................SB 129 State agency stationery; telephone number; administrative proceedings; public record................................................................................................SB 70 State public documents; responsibility of director of University of Georgia Libraries ...............................................................................HB 463
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Motor vehicle registration records; inspection by private detectives .........................HB 726 Private security guard; arrest powers...............................................................................SB 287
PROBATE COURTS Certain judicial and county officials; legal counsel .....................................................HB 1122 Foreign wills probated in another state; recording in Georgia....................................HB 361 Judges; compensation.........................................................................................................HB 206 Judges; increase minimum salaries ..................................................................................HB 710 Judges of the Probate Courts Retirement; certain members; cost-of-living increase...................................................................................HB 779 Judges of the Probate Courts Retirement; certain membership...............................HB 1091 Judges of the Probate Courts Retirement; cost-of-living benefit .............................HB 1166 Judges of the Probate Courts Retirement; retire at age 55.......................................HB 1090 Misdemeanor jurisdiction; guilty plea.............................................................................HB 559

Refer to numerical index for page numbers

INDEX

2829

PROBATE COURTS (Continued) Service of guardian for minor or incapacitated adult.....................................................HB 71 Violations of wildlife laws; jurisdiction.............................................................................HB 46
PROBATION Community service; include service for aged and handicapped..................................HB 359 Driving under the influence; solicitation for clinic or program; prohibitions................................................................................................HB 508 Employees' Retirement; certain county employees; transfer credit ...........................HB 671 Employees' Retirement; county probation and intake employees; transfer credit.............................................................................................HB 670 Fees; waiver; amendment; sanctions for failure to pay ...................................................SB 87 Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" ........................................HR 438 Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" ........................................HR 553 Ignition interlock device; condition of probation for driving under the influence .......................................................................................SB 28 Juvenile delinquents; special alternative incarceration-- probation boot camps; provisions .................................................................................SB 150 Juveniles; probation officer; detention authority..........................................................HB 306 Prisoners; notification to victim of change in status.....................................................SB 252 Probationers; certain sentence; county jail confinement..............................................HB 452 Special alternative incarceration; felony offenses..........................................................HB 352
PROFESSIONS AND BUSINESSES Anesthesiologists; schedule of charges.............................................................................HB 887 Asbestos Licensing Board; training requirement; certification ....................................SB 135 Athlete agents; definitions; registration provisions .......................................................HB 462 Auctioneers; regulation; amend provisions.....................................................................HB 826 Barbershops; licensing provision; apprentices..............................................................HB 1114 Charitable fund; paid solicitor; certified financial statement......................................HB 240 Charitable Solicitations Act; exemption..........................................................................HB 379 Chiropractors; scope of practice.......................................................................................HB 196 Chiropractors; scope of practice; amend provisions.........................................................SB 61 Clinical laboratories; examination of human specimens; request by chiropractors................................................................................................HB 247 Coin operated amusement machines; license fee...........................................................HB 788 Coin operated amusement machines; licensing; exemption.........................................HB 263 Coin operated amusement machines; repeal sales tax exemption and licensure provisions.............................................................................HB 800 Commission on the Certification of Automobile Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create.............................SR 93 Conditioned air contracting; change definition..............................................................HB 258 Cosmetologists; continuing education; certification......................................................HB 506 Cosmetology; natural hair care specialists; regulate......................................................HB 801 Deceptive practices; unlicensed home health services; prohibitions...........................HB 335 Dental hygienists; temporary licenses.............................................................................HB 409 Denturitry; regulate practice...........................................................................................HB 1150 Dietetics Practice Act; enact................................................................................................SB 20 Driver training instructors; licenses.................................................................................HB 476 Electrical contractors; low-voltage and utility contracting..........................................HB 967 Electrical, plumbing, or conditioned air contracting; grandfathering ........................HB 952 Funeral directors and embalmers; continuing education .............................................HB 223 Hearing aid dispenser; application for examination .....................................................HB 410 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Hotels and motels; post certain notice in guest rooms...............................................HB 1157

Refer to numerical index for page numbers

2830

INDEX

PROFESSIONS AND BUSINESSES (Continued) Innkeepers; define guest; amend provisions .................................................................HB 1097 Irrigation contractors; licensing ........................................................................................HB 516 Landscape architects; amend provisions .........................................................................HB 714 Land Surveyors, State Board; create.............................................................................HB 1135 Licensed practical nurses; licensure....................................................................................SB 25 Licensing boards; health and human services; include gerontology or geriatric education................................................................................HR 120 Licensing; certain questions to be included on application ..........................................SB 108 Limited Liability Company Act; enact............................................................................HB 264 Mobile barbershops; regulate............................................................................................HB 354 Mortgage lenders and mortgage brokers; licensing provisions .....................................SB 106 Mortgage lenders and mortgage brokers; regulation and licensure ............................HB 237 Motor vehicle racetracks; licensing; Safety Fire Commissioner ..................................HB 213 Motor vehicle registration records; inspection by private detectives .........................HB 726 Occupational therapists; licensing; exception..................................................................SB 115 Occupation taxes; regulatory fees; comprehensive revision .........................................HB 362 Patient Self-referral Act of 1993; enact ..........................................................................HB 920 Personal care homes; definitions......................................................................................HB 340 Personal care homes; employee records checks; definition of crime ..........................HB 650 Personal care homes; licensing; long-term care ombudsman.......................................HB 649 Physicians' assistants; duties and functions ...................................................................HB 537 Physicians; patient referral for certain health care services; prohibitions......................................................................................................HB 212 Physicians; surgery and invasive procedures; repeal limitation.....................................SB 15 Podiatry; application for examination.............................................................................HB 408 Polygraph examiners; public employees; repeal exemption.........................................HB 631 Private security guard; arrest powers...............................................................................SB 287 Professional counseling, social work, and marriage and family therapy; definitions; licensing requirements ...........................................SB 137 Psychologists; practice without license; certain facilities .............................................HB 400 Psychologists; practicing without license; penalty............................................................SB 48 Psychology; redefine practice............................................................................................HB 525 Respiratory care professional; amend provisions...........................................................HB 491 Seller or dealer; prohibit doing business without certificate.......................................HB 288 Speech-language pathologists and audiologists; licensing exemption.........................HB 381 Speech-language pathologists and audiologists; licensing exemption; provisional licenses.......................................................................SB 88 State Construction Industry Licensing Board; composition ........................................HB 653 Storage of fireworks; regulation........................................................................................HB 286 Transient merchants; business license; fee set by county ............................................HB 661 Used car dealers; definition; exclude pawnbrokers .......................................................HB 324 Veterinary medicine; nonsurgical transfer of embryos ...................................................HB 63 Water and wastewater systems; operators and laboratory analysts; training by Environmental Protection Division ........................................HB 283
PROPERTY Abandoned motor vehicles; lien foreclosure affidavit; filing fee .................................HB 321 Action for trespass or damage to realty; hazardous material ......................................HB 599 Ad valorem tax; advertisement of certain increases........................................................HB 65 Ad valorem tax; appeals of assessments; amend provisions .........................................SB 296 Ad valorem tax; assessment increase or decrease; notice .............................................HB 315
Ad valorem tax; board of assessors; certain duties .......................................................HB 222 Ad valorem tax; certain reports; amend provisions.......................................................HB 221
Ad valorem tax; conservation use property; current use assessment ...........................HB 60 Ad valorem tax; conservation use property; publication
of reports; repeal certain advertisement provisions ....................................................HB 66

Refer to numerical index for page numbers

INDEX

2831

PROPERTY (Continued) Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA ......................................................................HR 240 Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................SR 206 Ad valorem tax; enterprise zones; class; General Assembly provide by local law........................................................................................................HB 434 Ad valorem tax; enterprise zones; class; General Assembly provide by local law ........................................................................................................SB 166 Ad valorem tax; fair market value; current use property; timber ..............................HB 906 Ad valorem tax; fair market value of property; define.................................................HB 175 Ad valorem tax; homestead exemption; waiver..............................................................HB 835 Ad valorem tax; homestead exemption waiver; transfer of execution; assessment appeals .......................................................................................SB 125 Ad valorem tax; increase state levy - CA........................................................................HR 243 Ad valorem tax; intangible personal property; include computer software ..........................................................................................................HB 350 Ad valorem tax; intangible property; computer software.............................................HB 398
Ad valorem tax; intangible property; confidentiality of digest; exception..............................................................................................................HB 267
Ad valorem tax; litigation; interest on refunds..............................................................HB 303
Ad valorem tax; local government exempt property used for economic development - CA..........................................................................HR 132
Ad valorem tax; mobile homes; classification ..............................................................HB 1140 Ad valorem tax; payment by credit card........................................................................HB 513 Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Ad valorem tax; refunds; selling price less than assessed value..................................HB -616 Ad valorem tax; school property tax digest; boards of arbitrators...............................HB 62 Ad valorem tax; unpaid taxes; final settlement period ................................................HB 567 American Indians; protection of burial objects; recognize tribes ................................HB 725 Anatomical Gift Act; representative ad litem; provisions ..........................................HB 1075 Blasting on property adjacent to residential property; quarries.................................HB 973 Boards of equalization; appeals decisions; written reasons..........................................HB 328 Brokerage Relationships in Real Estate Transactions Act; enact ...............................SB 227 Certain parks and recreation lands; development;
urge Congress appropriate funds..................................................................................HR 310 Certain parks and recreation lands; development;
urge Congress appropriate funds..................................................................................HR 436 Commercial Real Estate Broker Lien Act; enact...........................................................HB 523 Condominiums; amend provisions....................................................................................HB 572 Conservation easements; creation or expansion; eminent domain..............................HB 751 Contracts; payments to contractors .................................................................................HB 837 Covenants running with the land; antennae installation;
amateur radio operators...............................................................................................HB 1134 Covenants running with the land; continuation requirement......................................HB 556 Covenants running with the land; planned subdivision amendments......................HB 1112 Covenants running with the land; repeal certain search requirement .......................HB 974 Education; change funding from ad valorem tax to sales
and use tax - CA...............................................................................................................HR 90 Erosion and Sedimentation Act; land-disturbing activities.........................................HB 566 Federal tax liens; filing; superior court clerk ....................................................................SB 85
Fiduciaries; authority to renounce interest in property................................................SB 189
Highways; commercial driveway permit; fees.................................................................HB 546
Homestead exemption; urge study by Joint Study Commission on Revenue Structure ....................................................................................................HR 422
Hospital authorities; real property; taxation and zoning.............................................HB 674
Houseparents; liability and property insurance.............................................................HB 294

Refer to numerical index for page numbers

2832

INDEX

PROPERTY (Continued) Innkeepers; define guest; amend provisions.................................................................HB 1097 Insurance; capital stock; additional surplus ...................................................................HB 914
Insurance; notices by insurers; valuation of certain plans; certain cancellation..............................................................................................SB 230
Judgment liens; property possessed by purchaser for four years .................................HB 72 Junkyards; regulation and control...................................................................................HB 180 Land acquisition; certain metropolitan Atlanta
sites; urge consideration ................................................................................................HR 467 Landlord and tenant; dispossessory proceedings; property storage............................HB 375 Landlord and tenant; dispossessory proceedings; reports
to Department of Family and Children Services.......................................................HB 723 Landlord and tenant; dispossessory proceedings; time periods...................................HB 407 Landlord and tenant; dispossessory proceedings; writ of possession .........................HB 337 Land Surveyors, State Board; create.............................................................................HB 1135
Local governments; certain expenditures and certain tax increases; General Assembly limit by law - CA....................................................HR 89
Local governments; certain property in adjoining county; prohibit purchase..............................................................................................HB 715
Local option sales tax without decrease in property tax; provide - CA ............................................................................................................HR 428
Lost or destroyed will; presumption of revocability; applicability ..............................SB 256 Lottery; lien against winnings by state agencies ...........................................................HB 724 Mechanics' and materialmen's liens; notice of commencement..................................HB 544 Mortgage lenders and mortgage brokers; licensing provisions .....................................SB 106 Mortgage lenders and mortgage brokers; regulation and licensure ............................HB 237 Municipalities; disposition.................................................................................................HB 755 Nonperpetual care cemeteries; exempt from registration............................................HB 641 North Georgia Mountains Authority; members; authorizations..................................HB 651 Pawnbrokers; motor vehicle sales at auction; license ...................................................HB 943 Pollution Prevention Assistance Division; establish......................................................SB 200 Prehistoric sites, burial grounds, ruins; archeological
research; Council on American Indian Concerns; create ............................................HB 67 Property Owners' Association Act; enact........................................................................HB 574 Proposed state acquisitions and leases; reports..................................................................SB 8 Reinsurers Guaranty Pool Act; enact..............................................................................HB 658 Remittance of certain abandoned property; recognize
certain American Indian tribes.....................................................................................HB 265 Residential Security Deed Act; enact...............................................................................SB 105 Sale or transfer by nonresidents; income tax withholding...........................................HB 385 Sales tax; certain casual sales; applicability.....................................................................HB 59 Sales tax; certain casual sales; applicability...................................................................HB 251 Sales tax; exempt certain personal property and certain motor vehicles ..................HB 430 School systems; multiyear lease purchase contracts;
real property prohibition...............................................................................................HB 233 Tax amnesty; amend provisions........................................................................................SB 139 Tax assessment; change provisions regarding protest...................................................HB 266 Tax assessor serving as property appraiser; prohibit
in certain counties..........................................................................................................HB 493 Taxation; contesting assessments; levies; release of liened property..........................HB 269 Taxation; contesting proposed assessment or license fee.............................................HB 268 Taxation; threats or intimidation of agents; penalty ....................................................HB 314
Tax digests; arbitration or appeal of assessments; examination.................................HB 309
Tax executions; transferees ...............................................................................................HB 563
Tax information; confidentiality ......................................................................................HB 270
Tax sales; political subdivisions purchasing property; amount...................................HB 565
Title insurers; licensing and regulation...........................................................................HB 886

Refer to numerical index for page numbers

INDEX

2833

PROPERTY (Continued) Unclaimed historic property; disposition; provisions....................................................HB 329 Veterinarians and animal boarders; disposal or sale of animals; notice.....................SB 130 Waste Control Law; enact..................................................................................................SB 275
PSYCHOLOGISTS Local school boards; certain meditation procedures; adopt policy .............................HB 582 Practice without license; certain facilities ......................................................................HB 400 Practicing without license; penalty .....................................................................................SB 48 Professional counseling, social work, and marriage and family therapy; definitions; licensing requirements ...........................................SB 137 Psychologists and psychiatrists; privileged communications .......................................HB 194 Redefine practice ................................................................................................................HB 525
PUBLIC ASSISTANCE Aid to families with dependent children; revise provisions...........................................HB 85 Ambulances; license fees; Indigent Care Trust Fund ...................................................HB 593 Building codes; state minimum standards; converted railroad cars...........................HB 939 Civil action; medical assistance recipient; notice............................................................SB 249 Electronic transfer of benefits ..........................................................................................HB 615 Food stamps; electronic transfer of cash equivalent.....................................................HB 892 Georgia Health Care Act; enact..,...................................................................................HB 1006 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Indigent and elderly health care; county liability .........................................................HB 339 Indigent Care Trust Fund; amend provisions................................................................HB 569 Indigent Defense Council; amend provisions .................................................................HB 284 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Recipients; register to vote requirement.........................................................................HB 387 Revise services........................................................................................................................SB 26 State Housing Trust Fund for the Homeless Commission; amend provisions ............................................................................................................HB 293
PUBLIC BUILDINGS Barber, Mrs. Janette McGarity; place portrait in capitol............................................HR 463 Commission on the Preservation of the State Capitol; create .....................................SB 225 Food service establishment; nonsmoking area ...............................................................HB 791 Handicapped persons; accessibility..................................................................................HB 865 Public events; handicapped seating; provisions...........................................................HB 1155 Sales tax exemption; public works projects..................................................................HB 1147 Smoking; prohibit...............................................................................................................HB 319 Smoking; regulate ...................................................................................................................HB 3 State flag; required display...............................................................................................HB 637
PUBLIC CONTRACTS Awards; certain counties; nondiscrimination..................................................................HB 610 Bids in certain counties; responsible bidder...................................................................HB 280 Bonds; notice of commencement requirements .............................................................HB 543 Inmates; production of goods; exception to prohibited sales.......................................HB 844 Local governments; multiyear lease purchase contracts; prohibit ................................HB 44 Mechanics' and materialmen's liens; notice of commencement..................................HB 544 Procurement Integrity Act; enact ....................................................................................HB 435 Public records; Transportation Department; rejected bids and cost estimates..................................................................................................HB 301 Public school contracts; local boards; certain banks.....................................................HB 737 Public works contracts; certain counties; female business enterprises ......................HB 281 Public works contracts; certain counties; nondiscrimination.......................................HB 607 Regional industrial park development; counties and municipalities share ad valorem tax proceeds - CA...................................................SR 203

Refer to numerical index for page numbers

2834

INDEX

PUBLIC CONTRACTS (Continued) School systems; multiyear lease purchase contracts; prohibit.......................................HB 45 School systems; multiyear lease purchase contracts; real property prohibition ...............................................................................................HB 233 State contracts; minority business participation ...........................................................HB 675 State contracts; minority business participation ............................................................SB 207
PUBLIC HEALTH NURSE DAY IN GEORGIA; designate.................................HR 451
PUBLIC OFFICERS AND EMPLOYEES Attorney General; employment of private counsel........................................................HB 101 Bail bond business; certain prohibition; repeal ...........................................................HB 1099 Budget estimates; five-year plans; Agency Review Act; enact .........................................SB 5 Budgetary Accountability and Planning Act; Budgetary Responsibility Oversight Committee; Fair and Open Grants Act ...........................SB 335 Certain county officers; actions constituting malpractice in office.............................HB 122 Certain part-time officials; transacting business with state ........................................HB 225 Commuter efficiency program for state employees; urge Department of Transportation establish............................................................SR 211 Constitutional officers; employment of private legal counsel......................................HB 819 Coroners; annual training course......................................................................................HB 223 Death investigations; definitions; medical examiner; notification .................................SB 99 Elected officials of state and U. S. Congress; term limitations - CA...........................HR 11 Elected officials of state; term limitations - CA.................................................................SR 5 Elections; code of ethics for candidates ..........................................................................HB 598 Elections; majority vote; exception for federal office .....................................................HB 54 Employees' Retirement; Agrirama Development Authority service ...........................HB 685 Employees' Retirement; benefits; retirement at age 55 for certain employees.........................................................................................HB 750 Employees' Retirement; certain agricultural commodity commission employees; service credit..........................................................................HB 959 Employees' Retirement; certain Corrections Department employees; 55 years......................................................................................................HB 1165 Employees' Retirement; certain county employees; transfer credit ...........................HB 671 Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership...................................HB 1063 Employees' Retirement; certain employees of county departments of family and children services; service credit..................................HB 1153 Employees' Retirement; certain hospital authorities; service credit ..........................HB 807 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Employees' Retirement; certain leave without pay; service credit .............................HB 419 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit..............................................HB 1129 Employees' Retirement; certain military service credit..............................................HB 1161 Employees' Retirement; certain persons; retire after 20 years..................................HB 1132 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Employees' Retirement; change language.......................................................................HB 705 Employees' Retirement; county probation and intake employees; transfer credit.............................................................................................HB 670 Employees' Retirement; creditable service; forfeited leave............................................HB 88 Employees' Retirement; creditable service; forfeited leave..........................................HB 260 Employees' Retirement; creditable service; forfeited leave........................................HB 1160 Employees' Retirement; Georgia Music Hall of Fame Authority employees............HB 632 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Employees' Retirement; postretirement benefit adjustment.......................................HB 925

Refer to numerical index for page numbers

INDEX

2835

PUBLIC OFFICERS AND EMPLOYEES (Continued) Employees' Retirement; postretirement benefit adjustment .....................................HB 1101 Employees' Retirement; spousal benefits.........................................................,............HB 1144 Employees' Retirement; trustees; expense allowance....................................................HB 781 Employees' Retirement; Vietnam service credit..........................................................HB 1111 Employees' Retirement; 32 years of service...................................................................HB 709 Employees' Retirement; 33 years of service ...................................................................HB 708 Ethics training; General Assembly provide by general law - CA................................HR 102 Evidence; facsimile transmissions; admissibility..........................................................HB 1120 Evidence; facsimile transmissions; reproduction of original copies.............................SB 244 Financial disclosure; amend provisions ...........................................................................HB 766 Financial disclosure statements........................................................................................HB 644 Fraud, waste, or abuse in state operations; complaints by public employees; provisions .....................................................................................HB 49
Fraud, waste, or abuse in state operations; complaints by public employees; salaries of constitutional officers...............................................SB 89
General Assembly; expenses and per diem of members .................................................HB 80 General Assembly; fees or honoraria...............................................................................HB 448
General Assembly; four-year terms; elected state officials; limit terms - CA..............................................................................................HR 130
General Assembly; full-time officials; salary supplement ............................................HB 663 Georgia Laws; distribution by request ..........................................................................HB 1126 Historical Records Advisory Board; create......................................................................SB 271 Houseparents; liability and property insurance.............................................................HB 294 Inspector general; create office - CA.................................................................................HR 14 International trade agreements affecting peanut farmers; urge caution....................HR 131 Involuntary separation benefits; actuarial costs ............................................................HB 521 Involuntary separation; job position remain open..........................................................SB 129 Involuntary separation; job position remain unfilled....................................................HB 956 Jekyll Island--State Park Authority; membership.......................................................HB 517 Law enforcement officers; indemnification; line of duty..............................................HB 250 Lobbyist disclosure; certain public officers; change definition....................................HB 773 Lobbyist disclosure; definitions........................................................................................HB 760 Lobbyists; ethics training courses....................................................................................HB 392 Local school boards; elected members; appointed school
superintendents...............................................................................................................HB 300 Merit system; certain Insurance Department employees; reclassify............................SB 339 Merit system; certain Natural Resources Department
employees; benefits.........................................................................................................HB 720 Merit system; sick leave; amend provisions ...................................................................HB 167 Merit system; sick leave; provisions...................................................................................SB 53 Mileage rate; personal vehicle...........................................................................................HB 351 Military duty; sick leave....................................................................................................HB 358 Office of Planning and Budget; annual continuation
budget report; provisions................................................................................................SB 188 Office of Planning and Budget; develop plan to downsize government.........................SR 9 Office of Planning and Budget; employees in unclassified
service; Governor's Development Council; revise .........................................................SB 29 Personnel expense; request plan to reduce.....................................................................HR 384 Political action committees; connected organization ....................................................HB 907 Political contributions by corporations; prohibit...........................................................HB 151 Polygraph examiners; public employees; repeal exemption.........................................HB 631
Procurement Integrity Act; enact....................................................................................HB 435
Property; proposed state acquisitions and leases; reports ................................................SB 8
Public Employees Labor Relations Act; enact.................................................................HB 99
Public funds; security interest; bank other than depository........................................SB 359
Senior judge; repeal prohibition against holding public office....................................HB 147

Refer to numerical index for page numbers

2836

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Senior judge; repeal prohibition against practicing law or holding public office...........................................................................................HB 148 State budgetary processes; amend provisions ................................................................HB 923 State employees' health insurance; contract with county; part-time employees .......................................................................................................HB 772 State employees; mass transit employee benefit; provisions.......................................HB 667 State government; employment in more than one branch; exception to prohibition ................................................................................................HB 668 State or local bonded indebtedness; private legal counsel; selection by competitive bidding...................................................................HB 740 State Tollway Authority; change name; amend provisions...........................................SB 328
PUBLIC PARKS AND RECREATION LANDS IN GEORGIA; commend ....HR 635
PUBLIC PROPERTY Atlanta, City of; certain state property; authorize rental agreement..........................SR 153 Atlanta, City of; Consolidated Atlanta Properties, Ltd. (CAPCO); termination of Amendment to Leases..............................................SR 119 Baldwin and Bartow counties; convey property ............................................................HR 122 Baldwin County; grant easement .....................................................................................HR 125 Barber, Mrs. Janette McGarity; place portrait in capitol............................................HR 463 Barrow County; grant easement.......................................................................................HR 168 Bartow County; convey property.....................................................................................HR 357 Burke County; grant easement..........................................................................................SR 122 Butts County; repeal certain property conveyance .........................................................HR 49 Calhoun, Clinch, Fulton, and Hall counties; convey property .....................................SR 118 Carroll County; grant easement ........................................................................................SR 142 Chatham County; convey property ...................................................................................SR 127 Chatham County; grant easement ....................................................................................SR 121 Cobb and Bibb counties; convey property ......................................................................SR 233 Cobb County; grant easement ...........................................................................................SR 208 Commission on the Preservation of the State Capitol; create .....................................SB 225 Crisp County; grant easement; meriwether County; convey property ........................SR 180 Disposition of properties; certain cities .............................................................................SR 64 Fulton County; lease property...........................................................................................SR 226 Gilmer County; grant easement........................................................................................HR 121 Glynn and Bulloch counties; convey property ................................................................SR 200 Habersham County; convey property ..............................................................................HR 229 Hall County; convey property...........................................................................................HR 228 Land acquisition; certain metropolitan Atlanta sites; urge consideration...........................................................................................................HR 467 Macon County; convey property ......................................................................................HR 123 Proposed state acquisitions and leases; reports ..................................................................SB 8 Rabun County; convey property ......................................................................................HR 564 Rabun County; sublease property ....................................................................................HR 182 Richmond County; grant easement ..................................................................................SR 115 Richmond County; lease property; convey property .....................................................HR 167 Smoking in public buildings; prohibit.............................................................................HB 319 Smoking in public places; regulate ......................................................................................HB 3 State purchasing; State Use Council; create ...................................................................SB 372 Unimproved state owned real property; grants; eligibility ...........................................SB 202 Valdosta, City of; urge lease of certain property.............................................................HR 50
PUBLIC RECORDS Access for commercial solicitation; repeal prohibition .................................................HB 246 Administrative proceedings; accessibility ..........................................................................SB 70 Certain archival records; exempt from public disclosure .............................................HB 254

Refer to numerical index for page numbers

INDEX

2837

PUBLIC RECORDS (Continued) Counties; Parents' Committee; provisions ....................................................................HB 1062 Evidence; facsimile transmission; reproduction of original copies...............................SB 244 Historical Records Advisory Board; provisions...............................................................SB 271 Hospital authorities; merger; provisions; open records and meetings........................HB 689 Inmate records maintained by sheriffs; inspection .........................................................HB 30 Juvenile proceedings; amend provisions .........................................................................HB 531 Motor vehicle registration records; inspection by private detectives .........................HB 726 Nonpublic postsecondary education; exemption............................................................HB 938 Open meetings and open records; certain health care entities....................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777 Open records; certain administrative proceedings; approval .......................................HB 822 Open records; exempt certain medical facility...............................................................HB 336 Open records; exempt certain research information.....................................................HB 522 Open records; trade secret; exemption............................................................................HB 535 Transportation Department; rejected bids and cost estimates...................................HB 301
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Career concerns of certain personnel; urge Board review ............................................HR 563 Certain employees; involuntary separation benefits.....................................................HB 106 Certain suspended driver's license; custody...................................................................HB 227 Employees' Retirement; benefits; retirement at age 55 for certain employees.........................................................................................HB 750 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Ignition interlock device; condition of probation for driving under the influence .......................................................................................SB 28 Jury lists; composition; amend provisions.......................................................................SB 193 Law enforcement officers; procedure for processing complaints.................................HB 397 Peace Officer and Prosecutor Training Fund; certain annual disbursements........................................................................................................SB 65 Records of drivers' licenses; compilation of lists.............................................................HB 23 Solid color motor vehicles; state patrol use....................................................................HB 111 Tobacco products; possession by minor; licensing of vendors; free samples......................................................................................................SB 222 Voter registration; driver's license examiners................................................................HB 187 Voter registration; driver's license examiners................................................................HB 611
PUBLIC SCHOOL EMPLOYEES Child Nutrition Employee Appreciation Day; designate..............................................HR 355 Health insurance...............................................................................................................HB 1128 Public School Employees Retirement; change name....................................................HB 707 Public school retirees; health insurance; continue coverage.........................................SB 352 Teachers Retirement; membership................................................................................HB 1105
PUBLIC UTILITIES AND TRANSPORTATION Amtrak; certain proposed rail service; endorse..............................................................HR 330 Bus shelters on public rights of way; amend provisions ...............................................SB 343 Electrical contractors; low-voltage and utility contracting..........................................HB 967 Emergency "911" system; joint authorities; military bases .........................................HB 719 Emergency "911" system; public authority to operate; local governments create..............................................................................................HB 1024 Highway definitions; include transportation enhancement activities.........................HB 883 Highway definitions; include transportation enhancement activities .........................SB 333 Interstate Rail Passenger Network Compact; enact .....................................................HB 966 Limousine carriers; Public Service Commission regulate.............................................HB 847 Limousine carriers; Public Service Commission regulate..............................................SB 317 Motor common carrier and motor contract carrier; ambulances; pulpwood trailers and pole trailers.......................................................HB 242

Refer to numerical index for page numbers

2838

INDEX

PUBLIC UTILITIES AND TRANSPORTATION (Continued) Motor common carriers and motor contract carriers; definitions...............................HB 391 Motor fuel tax; appropriate for transportation system - CA.......................................HR 271 Motor fuel tax; urge use for any transportation purpose.............................................HR 270 Public Service Commission; Governor appoint; nominating commission; General Assembly provide by law - CA ..........................HR 214 Public Service Commission; personnel; revise provisions; Utility Finance Section; establish .............................................................SB 250 Residential telephones; 976 or 900 number; by request...............................................HB 629 State employees; mileage rate; personal vehicle ............................................................HB 351 Telephones; certain long-distance charges; eliminate ...................................................HB 676 Transportation Board; election by roll-call vote............................................................HB 118 Wiretapping; prohibit intercepting communication between cellular radio telephones; exceptions............................................................HB 139
PUBLICATIONS Ad valorem tax; certain reports; amend provisions.......................................................HB 221 Advertising; certain disclaimer; size and type style ........................................................HB 76 Advertising of legal services; certain disclosure.............................................................HB 524 Criminal procedure; media coverage of certain trials; prohibitions............................HB 318 Driving under the influence; third or subsequent conviction; publication ....................................................................................................SB 119 Education, State Board; hearings; notices.........................................................................SB 45 Media ethics and error review panel; urge journalists to support..............................HR 611 Open meetings; notice; certain legal organs ...................................................................HB 600 Unemployment compensation; workers' compensation; independent contract carriers .......................................................................................HB 678
PULASKI COUNTY; board of education; districts....................................................HB 1036
PUTNAM COUNTY; board of commissioners; mileage allowance ............................HB 927

Q

QUITMAN COUNTY Board of education; reconstitute ........................................................................................HB 20 Tax commissioner; compensation.....................................................................................HB 846

R

R. G. DANIELL, SR., MEMORIAL HIGHWAY Designate......................................................................:.......................................................HR 411 Designate...............................................................................................................................SR 232
RABUN COUNTY Board of commissioners; supervisor of roads..................................................................SB 353 Convey property..................................................................................................................HR 564 Sublease property ...............................................................................................................HR 182
RACETRACKS Motor vehicle racetracks; licensing; Safety Fire Commissioner ..................................HB 213
Refer to numerical index for page numbers

INDEX

2839

RACETRACKS (Continued) Pari-mutuel racetracks and wagering; authorize .........................................................HB 1164 Pari-mutuel wagering; General Assembly regulate by general law - CA ...................HR 606
RADAR Detectors; prohibit use.......................................................................................................HB 204 Eliminate certain restriction ..............................................................................................SB 116 Restrictions; exemption; certain counties .......................................................................HB 199 Warning signs; distance .....................................................................................................HB 128
RADIO Covenants running with the land; antennae installation; amateur radio operators...............................................................................................HB 1134 House Communications Technology Study Committee; create ..................................HR 244 Media ethics and error review panel; urge journalists to support..............................HR 611 Special license plates; additional fees; delete requirement ..........................................HB 698 Special license plates; amateur radio operators.............................................................HB 292 Wiretapping; prohibit intercepting communication between cellular radio telephones; exceptions............................................................HB 139
RAILROADS Amtrak; certain proposed rail service; endorse..............................................................HR 330 Building codes; state minimum standards; converted railroad cars ...........................HB 939 Certain carriers, major components, and replacement parts; sales tax exemption .............................................................................................HB 176 Highways; Interstate Rail Passenger Network Compact; enact ..................................HB 966 State Tollway Authority; change name; amend provisions...........................................SB 328
RAINES,FRED;commend................................................................................................HR 645
RANDOLPH COUNTY Board of commissioners; districts ......................................................................................HB 17 Board of education; reconstitute ........................................................................................HB 14 Chief magistrate; election................................................................................................HB 1047
RANSOM, BRIAN; invite to House ................................................................................HR 312
RAPE Contributing to delinquency of minor; violent crimes; penalties................................HB 533 Criminal procedure; media coverage of certain trials; prohibitions............................HB 318 Sexual offenses; amend provisions...................................................................................HB 666 Statutory rape; change age................................................................................................HB 153
RAY, HONORABLE WALTER S.; communication...................................................Page 56
REAL ESTATE (Also, see Property) Brokerage Relationships in Real Estate Transactions Act; enact ...............................SB 227 Commercial Real Estate Broker Lien Act; enact...........................................................HB 523 Mortgage lenders and mortgage brokers; licensing provisions .....................................SB 106 Mortgage lenders and mortgage brokers; regulation and licensure ............................HB 237 Private residence accessibility; handicapped persons ...................................................HB 812 Private residences; physically handicapped access......................................................HB 1154
REAPPORTIONMENT Congressional districts 2, 3, and 8; state Senate; certain districts..............................HB 964 House of Representatives; certain districts ....................................................................HB 787 House of Representatives; districts 110 and 123 ...........................................................HB 672 House of Representatives; districts 113 and 114...........................................................HB 702
REBECCA, TOWN OF; mayor and council; terms .......................................................HB 996

Refer to numerical index for page numbers

2840

INDEX

RECREATION Recreational bingo; provisions ..........................................................................................HB 174 Recreational bingo; provisions.............................................................................................SB 24 Torts; Roller Skating Safety Act of 1993; enact............................................................HB 140
REDEVELOPMENT (See Buildings and Housing)
REECE, MARY; commend ................................................................................................HR 423
RELIGION Insurance; fraternal benefit societies; revise provisions ...............................................HB 383 Local school boards; certain meditation procedures; adopt policy .............................HB 582 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Voluntary prayer in schools; urge Congress to restore ...................................................HR 22 Voluntary prayer in schools; urge Congress to restore...................................................HR 23
RESIDENTIAL FINANCE Housing and Finance Authority; amend; Hospital Financing Authority; repeal.............................................................................................................HB 142
RESTAURANTS; nonsmoking area.................................................................................HB 791
RETIREMENT AND PENSIONS Code corrections..................................................................................................................HB 144 Conservation ranger; 25 years service; retain badge and weapon................................SB 306 Discretional postretirement benefit increases; certain retirement systems; trustee expense allowance; rehired personnel.........................HB 781 District Attorneys' Retirement; increased benefits; over 16 years..............................HB 804 District Attorneys' Retirement; postretirement benefit increases ..............................HB 768 District Attorneys' Retirement; 20 years of service; retire at age 55 .........................HB 806 Employees' Retirement; Agrirama Development Authority service ...........................HB 685 Employees' Retirement; benefits; retirement at age 55 for certain employees.........................................................................................HB 750 Employees' Retirement; certain agricultural commodity commission employees; service credit..........................................................................HB 959 Employees' Retirement; certain Corrections Department employees; 55 years......................................................................................................HB 1165 Employees' Retirement; certain county employees; transfer credit...........................HB 671 Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership...................................HB 1063 Employees' Retirement; certain employees of county departments of family and children services; service credit..................................HB 1153 Employees' Retirement; certain hospital authorities; service credit ..........................HB 807 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Employees' Retirement; certain leave without pay; service credit.............................HB 419 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit..............................................HB 1129 Employees' Retirement; certain military service credit..............................................HB 1161 Employees' Retirement; certain persons; retire after 20 years..................................HB 1132 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Employees' Retirement; certain troopers; 25 years service..........................................HB 662 Employees' Retirement; change language.......................................................................HB 705 Employees' Retirement; county probation and intake employees; transfer credit .............................................................................................HB 670 Employees' Retirement; creditable service; forfeited leave............................................HB 88 Employees' Retirement; creditable service; forfeited leave..........................................HB 260 Employees' Retirement; creditable service; forfeited leave........................................HB 1160

Refer to numerical index for page numbers

INDEX

2841

RETIREMENT AND PENSIONS (Continued) Employees' Retirement; Georgia Music Hall of Fame Authority employees.......................................................................................................HB 632 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Employees' Retirement; postretirement benefit adjustment .......................................HB 925 Employees' Retirement; postretirement benefit adjustment .....................................HB 1101 Employees' Retirement; spousal benefits......................................................................HB 1144 Employees' Retirement; Vietnam service credit..........................................................HB 1111 Employees' Retirement; 32 years of service ...................................................................HB 709 Employees' Retirement; 33 years of service ...................................................................HB 708 Firemen's Pension; amend provisions ................................................................................SB 83 Firemen's Pension; postretirement benefit increases.....................................................SB 142 Firemen's Pension; service credit for prior service........................................................HB 821 Income tax; retirement income; exemption ....................................................................HB 596 Involuntary separation benefits; actuarial costs ............................................................HB 521 Involuntary separation; job position remain open; state agencies; synopsis of proposed rules ...................................................................SB 129 Involuntary separation; job position remain unfilled....................................................HB 956 Judges of the Probate Courts Retirement; certain members; cost-of-living increase...................................................................................HB 779 Judges of the Probate Courts Retirement; certain membership...............................HB 1091 Judges of the Probate Courts Retirement; cost-of-living benefit.............................HB 1166 Judges of the Probate Courts Retirement; retire at age 55.......................................HB 1090 Local retirement funds; investments...............................................................................HB 278 Office of Treasury and Fiscal Services; create................................................................SB 162 Peace Officers' Annuity and Benefit; age requirements...............................................HB 495 Peace Officers' Annuity and Benefit; certain creditable service .................................HB 498 Peace Officers' Annuity and Benefit; postretirement benefit increases..............................................................................................................HB 497 Peace Officers' Annuity and Benefit; repeal certain requirement; disability ...................................................................................................HB 496 Public retirement systems; certain military service credit; amend provisions................................................................................................HB 902 Public retirement systems; creditable service; temporary disability ........................HB 1159 Public Safety Department and State Patrol; certain employees; involuntary separation benefits................................................................HB 106 Public School Employees Retirement; change name....................................................HB 707 Public school retirees; health insurance; continue coverage .........................................SB 352 Retirement systems standards; repeal certain exemption for Firemen's Pension Fund..........................................................................................HB 234 Revenue Department; enforcement officer; retain weapon or badge on retirement....................................................................................HB 311 Senior court reporter; create office ..................................................................................HB 656 Senior judge; repeal prohibition against holding public office....................................HB 147 Senior judge; repeal prohibition against practicing law or holding public office...........................................................................................HB 148 Sheriffs' Retirement; former members; membership....................................................HB 500 Sheriffs' Retirement; increase contributions and benefits ...........................................HB 499 Sheriffs' Retirement; postretirement benefit increases ................................................HB 502 Statewide telecommunications network; certain retirees .............................................HB 589 Superior court clerk; distribution of fines; priorities.....................................................SB 156
Superior Court Clerks' Retirement; benefits; increase .................................................HB 763
Superior Court Judges Retirement; increase benefits...................................................HB 633
Superior Court Judges Retirement; postretirement benefits; retirement age...............................................................................................HB 1019
Superior Court Judges Retirement; prior service credit.................................................HB 51
Superior Court Judges Retirement; spousal benefits....................................................HB 501

Refer to numerical index for page numbers

2842

INDEX

RETIREMENT AND PENSIONS (Continued) Teachers Retirement; benefit payment; deduct certain dues........................................HB 38 Teachers Retirement; certain creditable service; no age requirement .......................HB ,627 Teachers Retirement; certain private school service credit.........................................HB 426 Teachers Retirement; certain public school employees; membership ......................HB 1105 Teachers Retirement; certain transfer from Employees' Retirement System.........................................................................................................HB 323 Teachers Retirement; certain unpaid leave; creditable service .................................HB 1131 Teachers Retirement; change language ...........................................................................HB 706 Teachers Retirement; creditable service; pregnancy leave...........................................HB 230 Teachers Retirement; delete reference to appointed boards .......................................HB 316 Teachers Retirement; disability; date..............................................................................HB 893 Teachers Retirement; postretirement benefit adjustment .............................................HB 81 Teachers Retirement; refunded contributions; payment..............................................HB 239 Teachers Retirement; 60 years or under; remove penalty...........................................HB 539 Teachers Retirement; unused sick leave; credit.............................................................HB 276 Trial Judges and Solicitors Retirement; magistrate judges; membership ...................................................................................................................HB 1141 Trial Judges and Solicitors Retirement; postretirement benefit mcreases..............................................................................................................HB 782 Trial Judges and Solicitors Retirement; spousal benefits; contributions .................................................................................................HB 1020
REVENUE (See Taxation and Revenue)
REVENUE BONDS Georgia Building Authority; method of borrowing money...........................................HB 161 Housing authorities; investments; bonds .........................................................................SB 201 North Georgia Mountains Authority; members; authorizations..................................HB 651 Outdoor luminaries; expenditure for installation; restrictions ....................................HB 207 Public debt; solid waste; certain facilities ......................................................................HB 849 Telecommunications systems; provisions......................................................................HB 1145
REYNOLDS, LUTHER; commend ...................................................................................HR 43
RHODES, EDGAR; commend ............................................................................................HR 34
RICHMOND COUNTY Augusta Judicial Circuit; judges' supplement..............................................................HB 1095 Augusta-Richmond County Coliseum Authority; amend provisions ..........................HB 843 Augusta-Richmond County Commission-Council; provisions....................................HB 1012 Board of tax assessors; districts........................................................................................SB 373 Certain juvenile services; transfer to state-wide service................................................SB 366 Certain officials; compensation...........................................................................................HB 92 Grant easement....................................................................................................................SR 115 Lease property; convey property......................................................................................HR 167
RINGGOLD LADY TIGERS 1992 VARSITY SOFTBALL TEAM; invite to House ................................................................................................... HR 238
RIVERS AND LAKES Boat Safety Act; registration decals; restrictions on Chattahoochee River ...................................................................................................SB 16 Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 310 Certain parks and recreation lands; development; urge Congress appropriate funds..................................................................................HR 436 Georgia Ports Authority; police powers ........................................................................HB 1136 High Falls Lake; boat docks; permits..............................................................................HB 195 Historic Chattahoochee Commission; members; amend provisions.............................SB 191

Refer to numerical index for page numbers

INDEX

2843

RIVERS AND LAKES (Continued) Houseboats; prohibit on certain lakes .............................................................................HB 695 Lakes; water quality standards; adopt ............................................................................HB 558 State authorities; private participation; Upper Savannah River Development Authority; amend provisions...................................HB 941 Upper Savannah River Development Authority; amend provisions............................SB 342 Waste disposal; marine toilets on Lake Blue Ridge; prohibitions ..............................HB 528 Water pollution; combined sewer overflow system; sanctions........................................SB 19
RIVERS, HONORABLE ROBERT. E., JR. Election ................................................................................................................................Page 11 Oath of office ......................................................................................................................Page 12
ROBERTS, CORBIN;commend......................................................................................HR 518
ROCHDALE COUNTY Emergency Medical Service; commend ...........................................................................HR 512 Homestead exemption; certain residents ......................................................................HB 1044 Rockdale Judicial Circuit; judges; supplement ...............................................................SB 258
ROCKDALE JUDICIAL CIRCUIT; judges; supplement..........................................SB 258
ROGERS, MS. MANDY; commend ................................................................................HR 414
ROGERS, ROY AND DALE EVANS; commend.......................................................HR 273
ROME NEWS-TRIBUNE; commend.............................................................................HR 595
ROTHSCHILD, JAC H.; condolences.............................................................................HR 444
ROYAL, HONORABLE A. RICHARD; communications.............................Pages 150, 151
ROYAL, NANCY Commend.............................................................................................................................HR 307 Invite to House ...................................................................................................................HR 304
RUCKS, BRANDIE; commend ..........................................................................................HR 69
RUSSELL, FIELDING; condolences..............................................................................HR 336

s

SALES AND USE TAX Certain casual sales; applicability ......................................................................................HB 59 Certain casual sales; applicability ....................................................................................HB 251 Certain motor vehicle sales to nonresidents; repeal exemption ..................................HB 219 Coin operated amusement machines; repeal exemption and licensure provisions.................................................................................................HB 800 Collection fee; certain casual sales...................................................................................HB 451 Dealer collection reimbursement......................................................................................HB 472 Definitions; farm equipment repair.................................................................................HB 749 Delinquency; prohibit certain transfer............................................................................HB 313 Education; change funding from ad valorem tax to sales and use tax - CA...............................................................................................................HR 90 Exempt certain personal property and certain motor vehicles ...................................HB 430 Exemption; casual sales of motor vehicles......................................................................HB 169 Exemption; certain carriers, major components, and replacement parts ..................HB 176
Refer to numerical index for page numbers

2844

INDEX

SALES AND USE TAX (Continued) Exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 693 Exemption; certain fruits, nuts, vegetables, Vidalia onions, or truck crops.....................................................................................................HB 786 Exemption; certain industrial materials; granite...........................................................HB 733 Exemption; certain organizations.....................................................................................HB 134 Exemption; certain sales by certain schools...................................................................HB 549 Exemption; certain sales by certain schools ...................................................................HB 562 Exemption; electricity for chlor-alkali manufacturing..................................................HB 592 Exemption; electricity for chlor-alkali processes ...........................................................HB 347 Exemption; food for human consumption......................................................................HB 526 Exemption; public works projects ..................................................................................HB 1147 Exemption; school fund-raisers........................................................................................HB 102 Exemption; school fund-raisers ........................................................................................HB 512 Fabrication; exempt routine repair of farm equipment..................................................HB 74 Increase one percent; education funding ........................................................................HB 613 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Motor vehicle sales; exempt; impose ad valorem tax....................................................HB 799 Motor vehicles; casual sales; tag agents collect..............................................................HB 784 Motor vehicles; certain casual sales; exemption ............................................................HB 640 Seller or dealer; prohibit doing business without certificate .......................................HB 288 Special one percent sales tax; education; General Assembly provide - CA......................................................................................................................HR 53 Special one percent sales tax; procedure for imposition; amend ..................................HB 64 Special purpose sales tax; aviation projects ...................................................................HB 727 Special purpose sales tax; local school systems; capital outlay; General Assembly provide by general law - CA................................HR 13
SALIBA, DR. ELIAS; condolences..................................................................................HR 556
SANDY SPRINGS, CITY OF Incorporate...........................................................................................................................HB 503 Incorporate............................................................................................................................SB 155
SAVANNAH, CITY OF Coastal Area Games Authority; create .............................................................................SB 145 Disposition of property .........................................................................................................SR 64 Savannah-Chatham County Anti-Drug Commission; repeal Act creating...............HB 1098 Savannah-Chatham County Anti-Drug Commission; repeal Act creating...............HB 1123 United States Army Corps of Engineers; urge remaining in Savannah.....................HR 311
SAVANNAH ST. PATRICK'S DAY PARADE Grand marshal and the general chairman; invite to House.........................................HR 375
SAXON, AUSTIN; commend............................................................................................HR 643
SCHLEY COUNTY Ellaville-Schley County Charter Commission; create .................................................HB 1076
SCHOOLS (Also, see Education) Bus drivers; drug and alcohol testing..............................................................................HB 372 Buses; load limit...............................................................................................................HB 1029 Buses; multiyear contracts; repeal; reenact....................................................................HB 330 Buses; tire treads; requirements.......................................................................................HB 214 Capital Outlay for Education Task Force and the Education Accountability and Evaluation Commission; create ...................................SR 8 Carrying weapon at function or on property; searches; reports..................................HB 860

Refer to numerical index for page numbers

INDEX

2845

SCHOOLS (Also, see Education) (Continued) Certain sales; sales tax exemption ...................................................................................HB 549 Certain sales; sales tax exemption ...................................................................................HB 562 Charter schools; provisions...................................................................................................SB 74 Child abuse and juvenile court records; access by certain school personnel.................................................................................................HB 333 Child Nutrition Employee Appreciation Day; designate..............................................HR 355 Council for School Performance; create.............................................................................SB 73 Discipline; prohibit corporal punishment ...........................................................................HB 6 Education; enrollment counts; driver education course ...............................................HB 718 Education; substitute teachers; bachelor's degree .........................................................HB 405 Educational programs; assessment for graduation; exempt school designation..............................................................................................SB 316 Fund-raisers; sales tax exemption....................................................................................HB 102 Fund-raisers; sales tax exemption....................................................................................HB 512 House Interagency Collaboration for School Based Services to Youth Study Committee; create ..............................................................HR 426 Local school boards; certain meditation procedures; adopt policy .............................HB 582 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767 Mandatory education; age requirement.............................................................................SB 72 Multiyear lease purchase contracts; prohibit ...................................................................HB 45 Multiyear lease purchase contracts; real property prohibition ...................................HB 233 Olympic Challenge in schools; urge State Board of Education create.......................HR 303 Parenting skills instruction; grades 8-12.........................................................................HB 532 Public school contracts; local boards; certain banks.....................................................HB 737 Quality basic education; child abuse prevention education; require course.............................................................................................HB 1064 Quality basic education; driver's education; program weights; art, music, physical education .......................................................................HB 617 Quality basic education; Individual Education Program; parental access ................................................................................................................HB 999 Quality basic education; local school systems; equal athletic opportunities..........................................................................................HB 829 Quality basic education; secondary credit for postsecondary courses; amend provisions ....................................................................SB 369 Quality basic education; student assessment programs; amend provisions............................................................................................................HB 850 Quality basic education; summer school program; certain students.........................HB 1130 Sex education and AIDS prevention instruction...........................................................HB 854 Sex education and AIDS prevention instruction; certain requirements....................HB 423 Standard building plans; State Board of Education compile......................................HB 460 State agencies, schools, and employers; include term "multiracial" on forms....................................................................................................SB 149 Students' social security numbers; repeal certain requirement...................................HB 488 Task Force on Educational Outcomes Based Flexibility; create .....................................SR 7 Teachers and school personnel; contract eligibility......................................................HB 431 Torts; certain voluntary services.........................................................................................SB 41 Trademark or service mark; school boards.....................................................................HB 538 Voluntary prayer; urge Congress to restore......................................................................HR 22 Voluntary prayer; urge Congress to restore......................................................................HR 23 Weapons prohibited on school property; include bludgeon-type instruments..........................................................................................HB 1100
SCHULTZ, JACKSON BRADLEY; commend...........................................................HR 524
SCOTTDALE YOUTH ATHLETIC ASSOCIATION, INC.; commend .............HR 213
SEAT BELTS Bicycle safety; children as passengers; helmet requirements; persons under age 16.................................................................................SB 7

Refer to numerical index for page numbers

2846

INDEX

SEAT BELTS (Continued) Children under age 16.............................................................................................................SB 6 Failure to secure on minors over age four; penalty.............;.............................................HB 4
SECRETARY OF STATE Commerce and trade; Truth in Polling Act; enact........................................................HB 934 Communication .....................................................................................................................Page 1 Georgia Laws; distribution by request ..........................................................................HB 1126 Historical Records Advisory Board; provisions...............................................................SB 271
SECURITIES Patient Self-referral Act of 1993; enact ..........................................................................HB 920 Public funds; security interest; bank other than depository ........................................SB 359
SELPH, SHIRLEY; compensate ......................................................................................HR 339
SENATE Bills and resolutions; prefiling..........................................................................................HB 117 Bills and resolutions; prefiling..........................................................................................HB 170 Bills and resolutions; prefiling...........................................................................................SB 203 Bills; filing during lnterim.................................................................................................HB 188 Ethics Committee; subpoena provisions .........................................................................HB 972 Expenses and per diem........................................................................................................HB 80 Fees or honoraria ................................................................................................................HB 448 Fiscal affairs subcommittees; four-year plans; Program Review Act; enact...........................................................................................HB 132 Fiscal affairs subcommittees; periodic review of programs; annual report ................................................................................................HB 427 Four-year terms; four-term limit - CA..............................................................................HR 79 General bills; limit number by each member - CA.......................................................HR 194 Notify Governor; General Assembly convened ...................................................................SR 4 Notify House; Senate convened ............................................................................................SR 2 Notify Senate; House convened ...........................................................................................HR 1 Office of Planning and Budget; annual continuation budget report; provisions................................................................................................SB 188 Reapportionment; certain districts; congressional districts 2, 3, and 8.........................................................................................................HB 964 Require quorum for countable day - CA........................................................................HR 264 Staggered four-year terms - CA .........................................................................................HR 59 Taxes or fees; laws providing for or increasing; required vote - CA...............................SR 6
"SENIOR GEORGIANS WEEK AT THE STATE CAPITOL" Recognize week of February 8 through 12, 1993 ...........................................................HR 195
SENTENCING Criminal procedure; death sentence or life imprisonment; victim impact statement ................................................................................................HB 486 Criminal procedure; sentence of life without parole .....................................................HB 485 Review; sentence imposed by judge without jury............................................................HB 79
SEXUAL OFFENSES Amend provisions ...............................................................................................................HB 666 Child molestation and aggravated child molestation; second offense; punishment ..........................................................................................HB 130 Civil actions; limitation; childhood sexual abuse...........................................................HB 236 Criminal procedure; media coverage of certain trials; prohibitions............................HB 318 Electronically furnishing obscene materials to minors; define offense ......................HB 138 Hotels and motels; post certain notice in guest rooms...............................................HB 1157 Statutory rape; change age................................................................................................HB 153 Torts; sexual harassment; right of action; Hmitation....................................................HB 994

Refer to numerical index for page numbers

INDEX

2847

SHAHAN, AMY Commend...............................................................................................................................HR 82 Commend...............................................................................................................................HR 83
SHEALY, MATHEW MASON; commend ....................................................................HR 649
SHERIFFS Compensation ......................................................................................................................HB 206 Courts; certain judicial and county officials; legal counsel ........................................HB 1122 Deposit of funds held; interest-bearing accounts ..........................................................HB 403 Inmate records; inspection ..................................................................................................HB 30 Legal defense; provisions ...................................................................................................HB 343 Providing municipal police services; powers...................................................................HB 936 Qualifications; exemption..................................................................................................HB 205 Retirement; former members; membership ....................................................................HB 500 Retirement; increase contributions and benefits...........................................................HB 499 Retirement; postretiremen! benefit increases ................................................................HB 502 Superior courts; selection of bailiffs; provisions ............................................................HB 507 Vacancies in office; selection of bailiffs ..........................................................................HB 764
SHERMAN, LOWRY;commend......................................................................................HR 412
SILVER-HAIRED LEGISLATURE; commend members........................................HR 406
SMITH, FRED; commend..................................................................................................HR 615
SMITH, HONORABLE WILLOU; communications......................................Pages 152, 153
SMITH, JOHNNIE BELINDA; condolences...............................................................HR 455
SMITH, REVEREND CARL; commend.......................................................................HR 111
SMITH, T. A.; condolences.................................................................................................HR 507
SMITHMIER, REVEREND CLAUDE; commend ....................................................HR 301
SMOKY MOUNTAIN JUBILEE COUNTRY MUSIC SHOW; commend .......HR 482
SOCIAL CIRCLE, CITY OF; board of education; districts.......................................HB 509
SOCIAL SERVICES Aid to families with dependent children; revise provisions ...........................................HB 85 Ambulances; license fees; Indigent Care Trust Fund ...................................................HB 593 Child abuse and juvenile court records; access by certain school personnel.................................................................................................HB 333 Child abuse reports; access; sexual abuse of minor defined.............................................SB 2 Children and Youth Services, Department of; authority to apprehend; unruly and delinquent children ..........................................................HB 299 Children and Youth Services, Department of; certain law enforcement powers; unruly and delinquent children .......................................HB 296 Civil action; medical assistance recipient; notice............................................................SB 249 Day-care centers; vans or buses; lighting requirements ...............................................HB 571 Dispossessory proceedings; reports to Department of Family and Children Services.......................................................................................HB 723 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Foster parents; records checks..........................................................................................HB 168 Georgia Child Care Council; staggered terms; repeal automatic repealer...........................................................................................................SB 197 Home health agencies; assessment for Indigent Care Trust Fund .............................HB 889 Human Resources Board; membership; practice of medicine.....................................HB 166 Indigent and elderly health care; county liability .........................................................HB 339 Indigent Care Trust Fund; amend provisions................................................................HB 569

Refer to numerical index for page numbers

2848

INDEX

SOCIAL SERVICES (Continued) Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create........................................HR 242 Medical assistance; certain medicare recipients; prescription drugs ..........................HB 778 Medical assistance; voucher program for private health care .....................................HB 601 Medical assistance; voucher program for private health care ...................................HB 1009 Professional counseling, social work, and marriage and family therapy; definitions; licensing requirements ...........................................SB 137 Public assistance; electronic transfer of benefits...........................................................HB 615 Public assistance; food stamps; electronic transfer of cash equivalent......................HB 892 Public assistance recipients; register to vote requirement ...........................................HB 387 Public assistance; revise services.........................................................................................SB 26
SOLID WASTE Antifreeze; prohibitions .....................................................................................................HB 209 Disposal site; approval of electors....................................................................................HB 560 Environmental Protection Division; hazardous site inventory .....................................SB 294 Income tax credit; recycling manufacturing facility......................................................HB 587 Management; scrap tire disposal; yard trimmings; amend provisions .......................HB 257 Municipal reduction; exemption.......................................................................................HB 433 Permits; certain facilities; extend date............................................................................HB 215 Public debt; certain facilities ............................................................................................HB 849 Service reduction and recycling; requirements..............................................................HB 367 State agencies; purchasing guidelines; recycled materials.................................................SB 9 Vehicle loads; maximum weight; municipal solid waste transport .............................HB 879 Waste Control Law; enact..................................................................................................SB 275 Yard trimmings; disposal...................................................................................................HB 624
SONS OF CONFEDERATE VETERANS Commend .............................................................................................................................HR 578 Commend.............................................................................................................................HR 602
SOUTH COBB 7TH GRADE BASKETBALL TEAM; commend .......................HR 409
SOUTH COBB 8TH GRADE BASKETBALL TEAM; commend .......................HR 408
SOUTH FULTON COUNTY JUNIOR LEADERSHIP CLASS OF 1993; commend members .........................................................................HR 139
SOUTH GEORGIA JUDICIAL CIRCUIT; add judge.............................................HB 620
SPAIN, CHESTER LENORE; commend......................................................................HR 174
SPALDING COUNTY Griffin-Spalding County; board of education; districts ..............................................HB 1070 Probate court judge; compensation................................................................................HB 1013 Water and sewerage authority; members......................................................................HB 1014
SPEAKER OF THE HOUSE Communications...........................................Pages 1, 57, 58, 148, 150, 152, 154, 156, 295, 296 Election................................................................................................................................Page 10
SPEAKERS OF THE STATE HOUSES OF ASSEMBLY OF NIGERIA; invite to House......................................................................................HR 349
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Licensing exemption...........................................................................................................HB 381 Licensing exemption; provisional licenses .........................................................................SB 88
SPIKE, DERRON:commend..............................................................................................HR 42

Refer to numerical index for page numbers

INDEX

2849

SPORTS Alcoholic beverages; sales by coliseum authorities ........................................................HB 131 Alcoholic beverages; sales by coliseum authorities...........................................................SB 14 Athlete agents; definitions; registration provisions .......................................................HB 462 Clayton County Olympic Coordinating Committee and the Atlanta Committee for Olympic Games; commend efforts to secure 1996 Olympic Women's Fast-Pitch Softball Event............................................................HR 497 Clayton County Olympic Coordinating Committee; support; endorse bid for 1996 Women's Fast-Pitch Softball Event......................................................HR 149 Coastal Area Games Authority; create.............................................................................SB 145 Georgia Sports Hall of Fame; membership .....................................................................SB 304 Metropolitan Atlanta Olympic Games Overview Committee; create ...........................HR 63 Motor vehicle license plates; commemorate 1996 Olympic Games.............................HB 320 Public events; handicapped seating; provisions ...........................................................HB 1155 Quality basic education; local school systems; equal athletic opportunities .....................................................................................................HB 829 Sales tax exemption; certain sales by certain schools...................................................HB 549 Sales tax exemption; certain sales by certain schools...................................................HB 562 Sales tax exemption; school fund-raisers........................................................................HB 102 Sales tax exemption; school fund-raisers........................................................................HB 512 Torts; physicians as volunteer team doctors; liability ..................................................HB 252 Torts; Roller Skating Safety Act of 1993; enact ............................................................HB 140
SPRAGGINS, CERELLE;condolences..........................................................................HR 246
ST. MARYS, CITY OF; council; election districts........................................................HB 814
STALKING AND AGGRAVATED STALKING Define offenses....................................................................................................................HB 133 Define offenses....................................................................................................................HB 863 Define offenses; conditions for pretrial release................................................................HB 37 Define offenses; conditions for pretrial release.................................................................SB 13 Define offenses; notify victim of offender's release.......................................................HB 401
STANCIL, HONORABLE STEVE; communications ....................................Pages 148, 149
STANCIL, JENNIFER; commend ....................................................................................HR 48
STANLEY, ETHEL FRANCIS; invite to House.........................................................HR 442
STAPLETON, CITY OF; mayor and council; terms..................................................HB 1108
STATE COURTS OF COUNTIES Civil practice; transfer of actions from superior court ...................................................HB 43 Clerks; serve as magistrate court clerk.............................................................................SB 196 County and state ordinances; violations; maximum fine..............................................HB 896 Deposit of funds held; interest-bearing accounts ..........................................................HB 402 Election of judges ...............................................................................................................HB 136 Juries; civil actions; dollar amount ..................................................................................HB 200 Part-time judges; recusal upon conflict of interest; local government representation...................................................................HB 344
STATE EMPLOYEES Certain part-time officials; transacting business with state ........................................HB 225 Commuter efficiency program; urge Department of Transportation establish.................................................................................................SR 211 Employees' Retirement; Agrirama Development Authority service...........................HB 685 Employees' Retirement; benefits; retirement at age 55 for certain employees................................................................................................HB 750 Employees' Retirement; certain agricultural commodity commission employees; service credit..........................................................................HB 959

Refer to numerical index for page numbers

2850

INDEX

STATE EMPLOYEES (Continued) Employees' Retirement; certain Corrections Department employees; 55 years......................................................................................................HB 1165 Employees' Retirement; certain county transfer to Department of Children and Youth Services; membership...................................HB 1063 Employees' Retirement; certain employees of county departments of family and children services; service credit..................................HB 1153 Employees' Retirement; certain hospital authorities; service credit....................................................................................................................HB 807 Employees' Retirement; certain judicial secretaries; prior service cost.............................................................................................................HB 729 Employees' Retirement; certain leave without pay; service credit .............................HB 419 Employees' Retirement; certain military service credit................................................HB 158 Employees' Retirement; certain military service credit..............................................HB 1129 Employees' Retirement; certain military service credit..............................................HB 1161 Employees' Retirement; certain persons; retire after 20 years..................................HB 1132 Employees' Retirement; certain pilots; additional credit...........................................HB 1086 Employees' Retirement; certain prior county service; credit.....................................HB 1104 Employees' Retirement; change language.......................................................................HB 705 Employees' Retirement; county probation and intake employees; transfer credit.............................................................................................HB 670 Employees' Retirement; creditable service; forfeited leave............................................HB 88 Employees' Retirement; creditable service; forfeited leave..........................................HB 260 Employees' Retirement; creditable service; forfeited leave........................................HB 1160 Employees' Retirement; Georgia Music Hall of Fame Authority employees.......................................................................................................HB 632 Employees' Retirement; Indigent Defense Council.......................................................HB 192 Employees' Retirement; postretirement benefit adjustment .......................................HB 925 Employees' Retirement; postretirement benefit adjustment .....................................HB 1101 Employees' Retirement; spousal benefits......................................................................HB 1144
Employees' Retirement; Vietnam service credit..........................................................HB 1111 Employees' Retirement; 32 years of service...................................................................HB 709
Employees' Retirement; 33 years of service...................................................................HB 708 Fraud, waste, or abuse in state operations; complaints
by public employees; provisions.....................................................................................HB 49
Fraud, waste, or abuse in state operations; complaints by public employees; provisions ......................................................................................SB 89
Health insurance; contract with county; part-time employees....................................HB 772
Inspector general; create office - CA.................................................................................HR 14 Involuntary separation benefits; actuarial costs............................................................HB 521
Involuntary separation; job position remain open..........................................................SB 129 Involuntary separation; job position remain unfilled....................................................HB 956 Mass transit employee benefit; provisions......................................................................HB 667
Merit system; certain Insurance Department employees; reclassify............................SB 339 Merit system; sick leave; amend provisions ...................................................................HB 167
Merit system; sick leave; provisions ...................................................................................SB 53 Mileage rate; personal vehicle...........................................................................................HB 351
Office of Planning and Budget; employees in unclassified service; Governor's Development Council; revise .........................................................SB 29
Personnel expense; request plan to reduce.....................................................................HR 384 Procurement Integrity Act; enact....................................................................................HB 435
Public Employees Labor Relations Act; enact........,........................................................HB 99
Public retirement systems; certain military service credit; amend provisions................................................................................................HB 902
Retirement; certain troopers; 25 years service...............................................................HB 662
Retirement; trustees; expense allowance.........................................................................HB 781

Refer to numerical index for page numbers

INDEX

2851

STATE GOVERNMENT Agrirama; designate as "Georgia's Living History Museum"......................................HB 890 Appointments; state-wide representation; express intent to ensure.............................HR 80 Attorney General; employment of private counsel........................................................HB 101 Barber, Mrs. Janette McGarity; place portrait in capitol............................................HR 463 Budgetary Accountability and Planning Act; Budgetary Responsibility Oversight Committee; Fair and Open Grants Act ...........................SB 335 Budgetary processes; amend provisions..........................................................................HB 923 Budgetary Responsibility Act of 1993; enact ...................................................................HB 41 Budget estimates; five-year plans; Agency Review Act; enact.........................................SB 5 Certain employee complaints; provisions...........................................................................SB 89 Certain part-time officials; transacting business with state ........................................HB 225 Certificate of need; home health agencies; delete certain provisions .........................HB 816 Commission on the Preservation of the State Capitol; create .....................................SB 225 Commission on Women; per diem allowance...................................................................HB 68 Contracts; minority business participation.....................................................................HB 675 Contracts; minority business participation......................................................................SB 207 Elected officials of state and U. S. Congress; term limitations - CA...........................HR 11 Elected officials of state; term limitations - CA.................................................................SR 5 Employees; mileage rate; personal vehicle......................................................................HB 351 Employment in more than one branch; exception to prohibition ..............................HB 668 Fair and Open Grants Act of 1993; enact.........................................................................HB 18 Fair and Open Grants Act of 1993; enact.........................................................................HB 36 Fair and Open Grants Act of 1993; enact............................................................................SB 4 Federal funds for federally mandated programs; urge Congress propose constitutional amendment.............................................................HR 260 Fraud, waste, or abuse in state operations; complaints by public employees; provisions.....................................................................................HB 49 Georgia Building Authority; method of borrowing money...........................................HB 161 Georgia Building Authority; purchases; life cycle costs ................................................SB 192 Georgia Civil War Commission; create............................................................................HB 997 "Georgia"; designate official state poem.........................................................................HB 783 Georgia Laws; distribution by request..........................................................................HB 1126 Georgia Sports Hall of Fame; membership.....................................................................SB 304 High Falls Lake; boat docks; permits..............................................................................HB 195 Historical Records Advisory Board; create......................................................................SB 271 House Study Committee on Decentralization of State Government; create........................................................................................................HR 351 Housing and Finance Authority; amend; Hospital Financing Authority; repeal..........................................................................................HB 142 Inspector general; create office - CA.................................................................................HR 14 Involuntary separation benefits; actuarial costs............................................................HB 521 Involuntary separation; job position remain open; proposed rule; synopsis...................................................................................................SB 129 Involuntary separation; job position remain unfilled....................................................HB 956 "Jekyll Island Musical Theatre Festival"; designate official state musical theatre..........................................................................................SB 371 Joint Boundaries of Regional Development Centers Study Committee; create...............................................................................................HR 118 Joint Commission on Legislative Information Management; create..........................HR 332
Joint Committee on State and Local Bonded Indebtedness; create.............................SR 37
Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; create ..........................SR 109
Joint Study Committee on Privatization of Certain Governmental Services; create......................................................................................HR 150
Local Government Efficiency Act; enact..........................................................................HB 83
Local governments; state mandated programs; funding - CA.......................................HR 10

Refer to numerical index for page numbers

2852

INDEX

STATE GOVERNMENT (Continued) Local governments; state mandated programs; 90 percent state funding - CA..........................................................................................................HR 262 Local governments; state mandated programs; urge General Assembly provide state funds.......................................................................................HR 261 Lottery; lien against winnings by state agencies ...........................................................HB 724 Lottery prizes; setoff debt collection; establish procedures..........................................SB 104 Lottery tickets; certain sale or advertising; prohibit.....................................................HB 767
Motor Vehicles Board, Department, and commissioner; create ................................HB 1151 Office of Planning and Budget; annual continuation
budget report; provisions................................................................................................SB 188
Office of Planning and Budget; develop plan to downsize government .........................SR 9 Office of Planning and Budget; employees in unclassified
service; Governor's Development Council; revise .........................................................SB 29
Office of Treasury and Fiscal Services; create................................................................SB 162 "Old Georgia Land"; designate official state poem.........................................................HB 91
Open meetings and open records; certain health care facilities ..................................HB 852 Open meetings and open records; certain hospitals......................................................HB 777
Open meetings; notice; certain legal organs ...................................................................HB 600 Open meetings; Pardons and Paroles Board; inspection of votes..................................SB 64 Open meetings; repeal certain penalty provisions.........................................................HB 903
Open records; certain administrative proceedings; approval.......................................HB 822 Open records; exempt certain archival records..............................................................HB 254 Open records; exempt certain research information .....................................................HB 522
Open records; exempt trade secret ..................................................................................HB 535 Personnel expense; request plan to reduce.....................................................................HR 384 Privatization Review Act; enact ........................................................................................SB 260
Procurement Integrity Act; enact ....................................................................................HB 435 Property; proposed state acquisitions and leases; reports ................................................SB 8 Public debt; solid waste; certain facilities ......................................................................HB 849
Public funds; security interest; bank other than depository ........................................SB 359 Public records; access for commercial solicitation; repeal prohibition.......................HB 246
Public records; Transportation Department; rejected bids and cost estimates ..................................................................................................HB 301
Purchasing; certain acquisitions; regulate.......................................................................HB 851
Purchasing guidelines; recycled materials ...........................................................................SB 9 Purchasing; State Use Council; create .............................................................................SB 372 Regional development centers; amend provisions .........................................................HB 753
Regional development centers; ratify certain transfer....................................................HR 64 Regional development centers; ratify certain transfers ................................................HR 360
Regional development centers; ratify certain transfers .................................................SR 238 Ride-sharing programs; financial support by
Department of Transportation ........................................................................................SB 93
Roadway lighting; urge use of technology to minimize glare, light trespass, and sky glow................................................................HR 62
State agencies, schools, and employers; include term "multiracial" on forms ....................................................................................................SB 149
State auditor; nomination and election; provide ...........................................................HR 427 State Election Board; duties; powers...............................................................................HB 298
State flag; change design .....................................................................................................HB 57 State flag; change design ...................................................................................................HB 160 State flag; change design ...................................................................................................HB 794
State flag; change design ......................................................................................................SB 71 State flag; change design; referendum.............................................................................HB 356 State Flag Commission; create ...........................................................................................HR 15
State flag; required display; public buildings.................................................................HB 637
State health insurance system; General Assembly provide by general law - CA.........................................................................................HR 401

Refer to numerical index for page numbers

INDEX

2853

STATE GOVERNMENT (Continued) State or local bonded indebtedness; private legal counsel; selection by competitive bidding...................................................................HB 740 State public documents; responsibility of director of University of Georgia Libraries ....................................................................................HB 463 State Tollway Authority; change name; amend provisions...........................................SB 328 Statewide telecommunications network; certain retirees .............................................HB 589 Stationery include telephone numbers..............................................................................HB 82 Stationery; telephone number; administrative proceedings; public record ..................SB 70 Telephones; certain long-distance charges; eliminate ...................................................HB 676 Urge purchase of American made goods.........................................................................HR 288
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATESBORO, CITY OF; corporate limits.....................................................................SB 78
STEELE, SADIE DAVIS; commend..............................................................................HR 619
STEPHENS COUNTY; board of registrations and elections; provisions .................HB 457
STOCKELMANN, CHERYL MANN; commend .......................................................HR 107
STONE MOUNTAIN JUDICIAL CIRCUIT; add judge .........................................SB 232
STREAT, WILBUR KEVIN; commend ........................................................................HR 418
STRICKLAND, JETTA; commend ..................................................................................HR 28
STRICKLAND, JUDGE WALTER VIRGIL; commend.........................................HR 413
STRICKLAND, LORRAINE; compensate ...................................................................HR 155
STRONG, DORA L.; commend ........................................................................................HR 326
SUGAR HILL, CITY OF; corporate limits.....................................................................SB 383
SULLIVAN, DR. LOUIS W.; invite to House..............................................................HR 385
SULLIVAN, JEFF, KEVN KINNEY, TIM NIELSEN, AND BUREN FOWLER; commend.......................................................................................HR 231
SUMNER, TOWN OF Amend provisions.............................................................................................................HB 1124 New charter .........................................................................................................................HB 978
SUMTER COUNTY Board of commissioners; districts....................................................................................HB 465 State court; change date of term......................................................................................HB 470
SUPERIOR COURTS Administrators; compensation..........................................................................................HB 628 Bailiffs; selection.................................................................................................................HB 507 Certain federal lawsuit; urge Governor refrain from settling........................................HR 52 Civil practice; transfer of actions to state court ..............................................................HB 43 Clerks; compensation .........................................................................................................HB 206 Clerks' Cooperative Authority; create .............................................................................HB 243 Clerks; distribution of fines; priorities .............................................................................SB 156 Clerks; minimum annual salaries .....................................................................................HB 992 Clerks; payment for duties in another court ....................................................................HB 53 Deposit of funds held; interest-bearing accounts ..........................................................HB 402

Refer to numerical index for page numbers

2854

INDEX

SUPERIOR COURTS (Continued) Election of judges ...............................................................................................................HB 136 Elections; delivery of retums............................................................................................HB 396 Elections; delivery of voting materials .............................................................................SB 214 Georgia Court-annexed Alternative Dispute Resolution Act; enact ...........................HB 143 Judges; nonpartisan elections; plurality; ballots..........................................................HB 1026 Judges Retirement; increase benefits ..............................................................................HB 633 Judges Retirement; postretirement benefits; retirement age.....................................HB 1019 Judges Retirement; prior service credit ............................................................................HB 51 Judges Retirement; spousal benefits ...............................................................................HB 501 Mclntosh County; change terms ......................................................................................HB 377 Part-time judges; recusal upon conflict of interest; local government representation ..................................................................................HB 344 Senior court reporter; create office..................................................................................HB 656 Senior judge; repeal prohibition against holding public office....................................HB 147 Senior judge; repeal prohibition against practicing law or holding public office...........................................................................................HB 148 State Election Board; duties; powers...............................................................................HB 298 Tax assessments; appeals to superior court; utilize county appraisal staff.....................................................................................................HB 683 Uniform Commercial Code; amend..................................................................................HB 244
SUPREME COURT Certain judgments; last 15 days of term............................................................................SB 76 Election of judges ...............................................................................................................HB 136 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges.................................................................................HR 5 Joint Session; message from Chief Justice of Supreme Court ........................................HR 6
BUTTON, WILLIAM JEFFERSON "BILLY"; commend ......................................HR 598
SYBLE W. BRANNAN PARKWAY; designate............................................................SR 69
SYCAMORE, TOWN OF; mayor and council; terms...................................................HB 995

TALBOT COUNTY Board of commissioners; districts ..................................................................................HB 1113 Board of education; reconstitute......................................................................................HB 924
TALIAFERRO COUNTY; board of education; reconstitute......................................HB 127
TALLANT, EMILY H.; condolences...............................................................................HR 603
TAXATION AND REVENUE Ad valorem tax; advertisement of certain increases........................................................HB 65 Ad valorem tax; antique vehicles; valuation...................................................................HB 520 Ad valorem tax; appeals of assessments; amend provisions .........................................SB 296 Ad valorem tax; assessment increase or decrease; notice.............................................HB 315 Ad valorem taxation of farm equipment; General Assembly provide by law - CA.....................................................................................HR 609 Ad valorem tax; board of assessors; certain duties .......................................................HB 222 Ad valorem tax; certain reports; amend provisions.......................................................HB 221 Ad valorem tax; conservation use property; current use assessment ...........................HB 60
Refer to numerical index for page numbers

INDEX

2855

TAXATION AND REVENUE (Continued) Ad valorem tax; conservation use property; publication of reports; repeal certain advertisement provisions ....................................................HB 66 Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA......................................................................HR 240
Ad valorem tax; enterprise zones; certain tax treatment; General Assembly provide by law - CA.......................................................................SR 206
Ad valorem tax; enterprise zones; class; General Assembly provide by local law........................................................................................................HB 434
Ad valorem tax; enterprise zones; class; General Assembly provide by local law ........................................................................................................SB 166
Ad valorem tax; exempt blueberry plants ......................................................................HB 664 Ad valorem tax; fair market value; current use property; timber ..............................HB 906 Ad valorem tax; fair market value of property; define.................................................HB 175 Ad valorem tax; heavy-duty construction equipment; nonresidents ..........................HB 547 Ad valorem tax; homestead exemption; waiver..............................................................HB 835 Ad valorem tax; increase state levy - CA........................................................................HR 243 Ad valorem tax; intangible personal property; include
computer software..........................................................................................................HB 350 Ad valorem tax; litigation; interest on refunds..............................................................HB 303 Ad valorem tax; local government exempt property used
for economic development - CA...................................................................................HR 132 Ad valorem tax; mobile homes; classification ..............................................................HB 1140 Ad valorem tax; payment by credit card........................................................................HB 513 Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Ad valorem tax; refunds; sales price less than assessed value.....................................HB 616 Ad valorem tax; school property tax digest; boards of arbitrators ...............................HB 62 Ad valorem tax; transfer of execution; assessment
appeals; homestead exemption waiver .........................................................................SB 125 Ad valorem tax; unpaid taxes; final settlement period ................................................HB 567 Alcoholic beverages; tax payments; refund or credit;
delivery of wine by wholesalers ....................................................................................HB 551 Bills raising revenue; approval by voters - CA................................................................HR 12 Boards of equalization; assessment appeals...................................................................HB 253 Boards of equalization; taxpayer appeals; written decisions .......................................HB 328 Boards of equalization; taxpayer appeals; written decisions .......................................HB 736 Certain carriers, major components, and replacement
parts; sales tax exemption .............................................................................................HB 176 Certain motor vehicle sales to nonresidents; repeal
sales tax exemption........................................................................................................HB 219 Charitable Solicitations Act; exemption..........................................................................HB 379 Coin operated amusement machines; license fee...........................................................HB 788 Coin operated amusement machines; licensing; exemption .........................................HB 263 Coin operated amusement machines; repeal sales tax
exemption and licensure provisions.............................................................................HB 800 Contesting assessments; levies; release of liened property...........................................HB 269 Contesting proposed assessment or license fee..............................................................HB 268 Contracts; petroleum products; federal tax reimbursement ........................................HB 797 Contracts; petroleum products; federal tax reimbursement ........................................HB 891 Corporations; officers' liability for tax penalty or interest ..........................................HB 272 Distilled spirits; unpaid taxes; prohibit sales or possession.........................................HB 552
Education; change funding from ad valorem tax to sales and use tax - CA...............................................................................................................HR 90
Eminent domain; condemnation award; set off by water or tax liens .......................HB 989
Energy resources; Tax Disclosure Act; enact ...............................................................HB 1156
Excise tax; certain food service establishments.............................................................HB 578
Excise tax; cigarettes; increase .......................................................................................HB 1007

Refer to numerical index for page numbers

2856

INDEX

TAXATION AND REVENUE (Continued) Excise tax; lottery ticket sales ............................................................................................HB 56 Excise tax; tobacco products other than cigars and cigarettes....................................HB 681 Executions; transferees ......................................................................................................HB 563 Federal tax liens; filing; superior court clerk ....................................................................SB 85 General bills raising revenue; two-thirds vote required - CA........................................HR 92 General bills raising revenue; two-thirds vote required - CA........................................HR 95 General bills raising revenue; two-thirds vote required - CA......................................HR 193 Governmental entities; millage rate; advertisement; hearing ......................................HB 554 Homestead exemption; urge study by Joint Study Commission on Revenue Structure..............................................................................HR 422 Hotel and motel tax; aviation museums .........................................................................HB 346 Hotel and motel tax; pedestrian walks and trails .........................................................HB 208 Income tax; confidentiality of returns; exception..........................................................HB 273 Income tax; corporations; dividends from outside the United States; job tax credit..................................................................................HB 536 Income tax credit; child care or dependent care expenses...........................................HB 438 Income tax credit; recycling manufacturing facility......................................................HB 587 Income tax deduction; interest on certain motor vehicle loans ..................................HB 901 Income tax; fraudulent underpayment; amend provisions...........................................HB 271 Income tax; increase personal exemption .......................................................................HB 348 Income tax; retirement income; exemption ....................................................................HB 596 Income tax; taxable nonresident ......................................................................................HB 803 Income tax withholding; employer's liability .................................................................HB 312 Income tax; withholding on distributions by partnerships, Subchapter "S" corporations, and limited liability companies to nonresident members ................................................................................................HB 384 Income tax; withholding on sale or transfer of real property by nonresidents...............................................................................................HB 385 Intangible property; confidentiality of digest; exception .............................................HB 267 Intangible tax; computer software ...................................................................................HB 398 Joint Committee on State and Local Bonded Indebtedness; create .............................SR 37 Joint Study Commission on Revenue Structure; re-create............................................HR 91 Joint Study Commission on Revenue Structure; re-create.............................................SR 44 Local governments; certain expenditures and certain tax increases; General Assembly limit by law - CA....................................................HR 89 Local governments; state mandated programs; funding - CA .......................................HR 10 Local governments; state mandated programs; 90 percent state funding - CA..........................................................................................................HR 262 Local governments; state mandated programs; urge General Assembly provide state funds.......................................................................................HR 261 Local income tax; referendum to impose; revise provisions ........................................HB 742 Local option sales tax without decrease in property tax; provide - CA ....................HR 428 Local sales tax; limitation; exempt MARTA..................................................................HB 181 Local sales tax; prohibitions; exception ..........................................................................HB 861 Local school systems; educational enrichment tax; authorize - CA ...........................HR 116 Local Tax Amnesty Program Act; enact.........................................................................HB 441 Lottery prizes; setoff debt collection; establish procedures..........................................SB 104 Mobile homes; transporting to another county; decal ..................................................HB 561 Mobile homes; transporting to another county; decal ...................................................SB 209 Motor fuel tax; additional 5 cents per gallon - CA.......................................................HR 269 Motor fuel tax; appropriate for transportation system - CA.......................................HR 271
Motor fuel tax; compressed petroleum gas; gallon equivalent .....................................SB 141
Motor fuel tax; counties and municipalities; special districts .....................................HB 186
Motor fuel tax; importation and storage; amend provisions........................................HB 630
Motor fuel tax; increase.....................................................................................................HB 785
Motor fuel tax; urge use for any transportation purpose.............................................HR 270

Refer to numerical index for page numbers

INDEX

2857

TAXATION AND REVENUE (Continued) Motor Fuel Unfair Practices Act; enact..........................................................................HB 769 Motor vehicle sales; exempt sales tax; impose ad valorem tax ...................................HB 799 Motor vehicles; casual sales; tag agents collect sales tax .............................................HB 784 Motor vehicles; certain casual sales; sales tax exemption............................................HB 640 Motor vehicles; return for taxation; amend provisions.................................................HB 229 Occupation tax; practitioner's office; certain contractors.............................................HB 154 Occupation tax; regulatory fees; comprehensive revision.............................................HB 362 Office of Treasury and Fiscal Services; create................................................................SB 162 Property; remittance of certain abandoned property; recognize certain American Indian tribes...................................................................HB 265
Regional industrial park development; counties and municipalities share ad valorem tax proceeds - CA...................................................SR 203
Revenue Code; incorporate provisions of federal tax code ..........................................HB 218
Revenue Department; Employees' Retirement; benefits; certain employees retire at age 55
Revenue Department; enforcement officer; retain weapon or badge on retirement ..................................................................................................HB 311
Sales tax and second motor fuel tax; dealer collection reimbursement; hotel and motel tax; certain local facilities....................................HB 472
Sales tax; certain casual sales; applicability.....................................................................HB 59 Sales tax; certain casual sales; applicability ...................................................................HB 251 Sales tax collection fee; certain casual sales...................................................................HB 451 Sales tax; definitions; farm equipment repair................................................................HB 749 Sales tax; delinquency; prohibit certain transfer...........................................................HB 313 Sales tax; exempt casual sales of motor vehicles...........................................................HB 169 Sales tax; exempt certain fruits, nuts, vegetables,
Vidalia onions, or truck crops.......................................................................................HB 693
Sales tax; exempt certain fruits, nuts, vegetables, Vidalia onions, or truck crops.......................................................................................HB 786
Sales tax; exempt certain industrial materials; granite ................................................HB 733 Sales tax; exempt certain organizations ..........................................................................HB 134 Sales tax; exempt certain personal property and certain motor vehicles..................HB 430 Sales tax; exempt certain sales by certain schools ........................................................HB 549 Sales tax; exempt certain sales by certain schools ........................................................HB 562 Sales tax; exempt electricity for chlor-alkali manufacturing.......................................HB 592 Sales tax; exempt electricity for chlor-alkali processes ................................................HB 347 Sales tax; exempt food for human consumption ...........................................................HB 526 Sales tax; exempt public works projects .......................................................................HB 1147 Sales tax; exempt school fund-raisers..............................................................................HB 102 Sales tax; exempt school fund-raisers..............................................................................HB 512 Sales tax; fabrication; exempt routine repair of farm equipment.................................HB 74 Sales tax; increase one percent; education funding.......................................................HB 613 Seller or dealer; prohibit doing business without certificate .......................................HB 288 Special one percent sales tax; education; General Assembly
provide - CA......................................................................................................................HR 53 Special one percent sales tax; amend procedure for imposition ...................................HB 64 Special purpose sales tax; aviation projects ...................................................................HB 727 Special purpose sales tax; local school systems;
capital outlay; General Assembly provide by general law - CA................................HR 13 State parks; certain facilities and services......................................................................HB 954 Taxable net income; certain shareholder adjustments.................................................HB 220
Tax amnesty; additional penalties...................................................................................HB 310
Tax amnesty; amend provisions........................................................................................SB 139
Tax amnesty; collection fee cost.......................................................................................HB 274
Tax appeals; payment of portion of assessments ..........................................................HB 390
Tax assessment; change provisions regarding protest...................................................HB 266

Refer to numerical index for page numbers

2858

INDEX

TAXATION AND REVENUE (Continued) Tax assessments; appeals to superior court; utilize county appraisal staff.....................................................................................................HB 683 Tax assessments; taxpayer and board of equalization disputes; arbitration .......................................................................................................HB 684 Tax assessor serving as property appraiser; prohibit in certain counties..........................................................................................................HB 493 Tax collectors and tax commissioners; minimum salary ...............................................SB 282 Tax digests; arbitration or appeal of assessments; examination .................................HB 309 Taxes or fees; laws providing for or increasing; required vote - CA...............................SR 6 Tax information; confidentiality......................................................................................HB 270 Tax levy; accounts with financial institutions ...............................................................HB 275 Taxpayer Bill of Rights; enact............................................................................................HB 87 Tax sales; political subdivisions purchasing property; amount...................................HB 565 Threats or intimidation of agents; penalty..........................................................---HB 314 Tobacco products; possession by minor; licensing of vendors; free samples................................................................................................--...SB 222 Unimproved state owned real property; grants; eligibility....----...............................SB 202 Weights and measures; compressed natural gas; gallon equivalent........................--HB 928
TAYLOR, FOSTER C.; commend........................................................--......................HR 392
TAYLOR, HONORABLE MARETTA M.; oath of office.........................................Page 10
TEACHERS (Also, see Education) Contract eligibility.....................................,......-.........................................--......----.--HB 431 Duty-free lunch..................................................................................................--............HB 201 Midterm adjustments; training and experience...............................................--..........HB 937 Retirement; benefit payment; deduct certain dues..................................------........HB 38 Retirement; certain creditable service; no age requirement...................--................HB 627 Retirement; certain private school service credit..........................................................HB 426 Retirement; certain public school employees; membership.......................................HB 1105 Retirement; certain transfer from Employees' Retirement System......................--..HB 323 Retirement; certain unpaid leave; creditable service....................--..........................HB 1131 Retirement; change language............................................................................................HB 706 Retirement; creditable service; pregnancy leave........--.....--------------....------...HB 230 Retirement; delete reference to appointed boards........................................................HB 316 Retirement; disability; date.............................-......--.-.-.-....-.-.............--......------HB 893 Retirement; postretirement benefit adjustment..........................................................--HB 81 Retirement; refunded contributions; payment--.--....................................--............HB 239 Retirement; 60 years or under; remove penalty..--.-....................--.--------.--...HB 539 Retirement; trustee expense allowance; rehired personnel....--....----.----.............HB 781 Retirement; unused sick leave; credit--------------..............................------...... HB 276 Substitutes; bachelor's degree...........................................................----..........------.HB 405
TECHNICAL AND ADULT EDUCATION IN GEORGIA Fiftieth anniversary; commend.....................................................................------------HR 268
TELEPHONE AND TELEGRAPH SERVICE Certain long-distance charges; eliminate...................................................------------..HB 676 Emergency "911" system; joint authorities; military bases ...................------.----HB 719 Emergency "911" system; public authority to operate; local governments create...........................................................................----------HB 1024 Evidence; facsimile transmissions; admissibility...........--------------..----..---.HB 1120 Evidence; facsimile transmissions; reproduction of original copies..----------------SB 244 House Communications Technology Study Committee; create --...........--....----HR 244 Residential telephones; 976 or 900 number; by request.................-----------------HB 629 Revenue bonds; telecommunications systems; provisions.--------.............------HB 1145 Statewide telecommunications network; certain retirees .......................----------.HB 589

Refer to numerical index for page numbers

INDEX

2859

TELEPHONE AND TELEGRAPH SERVICE (Continued) Telephone systems; statement of warranty ......................................................................HB 70 Wiretapping; prohibit intercepting communication between cellular radio telephones; exceptions............................................................HB 139
TELEVISION Advertising of legal services; certain disclosure.............................................................HB 524 Cable service to inmates; urge state correctional institutions not provide .................................................................................................HR 287 False advertising; certain cable television transmission; prohibit...............................HB 796 House Communications Technology Study Committee; create ..................................HR 244 Media coverage of certain trials; prohibitions................................................................HB 318 Media ethics and error review panel; urge journalists to support..............................HR 611 Revenue bonds; telecommunications systems; provisions ..........................................HB 1145
TERRELL COUNTY Board of commissioners; districts ......................................................................................HB 33 Board of education; reconstitute ........................................................................................HB 35 Commissioner districts.......................................................................................................HB 991
THAMES, ELAINE Lake Harbin Elementary School counselor; invite to House.......................................HR 389
THANKFUL BAPTIST CHURCH; commend............................................................HR 587
"THE WORD ON BUSINESS"; commend...................................................................HR 165
THEFT Carjacking; define offense ...............................................................................................HB 1080 Commission by felon using firearm .................................................................................HB 832 Misappropriation of a trade secret; define offense........................................................HB 542 Misappropriation of a trade secret; define offense ........................................................SB 224
THOMAS COUNTY; board of commissioners; districts ..............................................HB 909
THOMAS COUNTY CENTRAL HIGH SCHOOL FOOTBALL TEAM Commend ...............................................................................................................................HR 84 Invite to House ...................................................................................................................HR 152
THOMASTON, CITY OF Thomaston-Upson County Office Building Authority; powers ...................................HB 762 Thomaston-Upson County Office Building Authority; powers ...................................HB 982
THOMPSON, LENITA KATHERINE; commend.....................................................HR 210
THOMSON, CITY OF; expenditures and fees; annual report ..................................HB 1067
THRASH, HONORABLE ELMORE C.; election; messenger ..................................Page 12
TIFT COUNTY; commend ................................................................................................HR 361
TIFTON, CITY OF City manager; outside duties ............................................................................................HB 114 Commend.............................................................................................................................HR 361 Commission posts; municipal elections ...........................................................................HB 123 Homestead exemptions; certain residents.......................................................................HB 115
TOLBERT, ED AND THE NATIONAL LIVESTOCK GRADING AND MARKETING ASSOCIATION; commend...................................................HR 536
TOOMBS COUNTY; board of education; nonpartisan elections................................HB 378
TORCH, ISADORE "SPORT"; condolences.................................................................HR 106

Refer to numerical index for page numbers

2860

INDEX

TORTS Certain voluntary services for public schools....................................................................SB 41 Collateral sources................................................................................................................HB 752 Dental students; immunity ................................................................................................SB 165 Physicians as volunteer team doctors; liability..............................................................HB 252 Roller Skating Safety Act of 1993; enact........................................................................HB 140 Sexual harassment; right of action; limitation ...............................................................HB 994 Wrongful death of spouse or parent; minors; division of recovery..............................SB 173
TOWERY, MAURICE J. "BUDDY"; commend.........................................................HR 525
TOWNS COUNTY; board of education; reconstitute ...................................................HB 338
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSIENT MERCHANTS; business license; fee set by county ...........................HB 661
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Bus shelters on public rights of way; amend provisions ...............................................SB 343 Commuter efficiency program for state employees; urge..............................................SR 211 Federal Intermodal Surface Transportation Efficiency Act of 1991; implement..................................................................................................HB 669 Highways; commercial driveway permit; fees.................................................................HB 546 Highways; designated travel lanes; penalties for violations of use ................................SB 90 Highways; reimbursement for cost of repairs.................................................................HB 302 Outdoor advertising; judicial review of decision ............................................................HB 308 Outdoor luminaries; expenditure for installation; restrictions ....................................HB 207 Public records; rejected bids and cost estimates ...........................................................HB 301 Ride-sharing programs; financial support..........................................................................SB 93 Roadway lighting; urge use of technology to minimize glare, light trespass, and sky glow .................................................................................HR 62 State Board; call for election of member from First Congressional District....................................................................................................Page 60 State Board; call for election of member from Second Congressional District....................................................................................................Page 61 State Board; call for election of member from Fourth Congressional District....................................................................................................Page 61 State Board; call for election of member from Fifth Congressional District....................................................................................................Page 62 State Board; call for election of member from Ninth Congressional District ....................................................................................................Page 62 State Board; election; Honorable Emory McClinton; Fifth Congressional District........................................................................................Page 155 State Board; election; Honorable Frank C. Pinkston; Eighth Congressional District................................,......................................................Page 57 State Board; election; Honorable James Beverly Langford; Ninth Congressional District ......................................................................................Page 148 State Board; election; Honorable Steve Reynolds; Fourth Congressional District..................................................................................................Page 153 State Board; election; Honorable Tom Triplett; First Congressional District..................................................................................................Page 151 State Board; election; Honorable William Langdale; Second Congressional District ....................................................................................Page 149 State employees; mass transit employee benefit; provisions .......................................HB 667 State Tollway Authority; property; toll provisions; penalties ........................................SB 91 Transportation Board; election by roll-call vote............................................................HB 118

Refer to numerical index for page numbers

INDEX

2861

TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) (Continued) Travel lanes; penalties for violations of use ......................................................................SB 90 Unattended vehicles; removal from roadways; amend provisions..................................SB 92
TRESPASSING Action for trespass or damage to realty; hazardous material ......................................HB 599 Waste Control Law; enact..................................................................................................SB 275
TREUTLEN COUNTY; board of education; compensation........................................SB 111
TRIALS Appeals; motion for new trial; time extension ..................................................................86 33 County and state ordinances; violations; maximum fine..............................................HB 896 Court reporting; amend provisions ..................................................................................HB 489 Media coverage of certain trials; prohibitions................................................................HB 318
TRION HIGH SCHOOL INDUSTRIAL ARTS CLASSES; invite to House....HR 341
TRION, TOWN OF; board of education; reconstitute..................................................HB 717
TROUP COUNTY Board of education; composition and election ...............................................................H6 108 Homestead exemptions; certain residents.......................................................................HB 930
TRUSTS (Also, see Wills, Trusts and Administration of Estates) Financial institutions; affiliate transfers; trust powers..................................................SB 346 Life insurance; insurable interest in employees.............................................................HB 484 Special purpose bank or credit card bank; conditions for approval............................SB 347
TUCKER, DON, SALLY DUNN, REGINALD BARRY, AND ZACK WADE; invite to House ......................................................................................HR 327
TUCKER, HENRY ROY; commend...............................................................................HR 642
TUCKER, NEZZIE BELL LASTINGER; commend.................................................HR 344
TURNER COUNTY; board of commissioners; compensation...................................HB 1107
"TWELVE NIGHTS OF SACRIFICIAL REVIVAL SERVICE" AND REVEREND HAL P. MCKINLEY, SR.; commend ..............................................HR 250
TWIGGS COUNTY Board of commissioners; districts....................................................................................HB 757 Board of education; districts.............................................................................................HB 758
TWIN CITY, CITY OF; corporate limits.......................................................................HB 987
TYSINGER, HONORABLE JAMES W.; communication ...........................Pages 154, 155

u

UNDERWOOD, JAMES E.; commend ..........................................................................HR 618 UNEMPLOYMENT COMPENSATION (See Employment or Labor
and Industrial Relations)
UNIFORM RULES OF THE ROAD Emergency medical technicians; certain privileges .........................................................HB 61
Refer to numerical index for page numbers

2862

INDEX

UNIFORM RULES OF THE ROAD (Continued) Proof of insurance; financial responsibility ......................................................................HB 26 Riding horse on roadway after dark; penalty...................................................................HB 27
UNION CAMP CORPORATION; commend...............................................................HR 386
UNITED NATIONS PEACEKEEPING FORCE IN IRAQ Commend participants.........................................................................................................HR 67
UNIVERSITY OF GEORGIA College of Pharmacy students; commend.......................................................................HR 222 1992 football team and Coach Ray Goff; invite to House ...........................................HR 227 1992 football team and Head Coach Ray Goff; commend...........................................HR 170
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Thomaston-Upson County Office Building Authority; powers ...................................HB 762 Thomaston-Upson County Office Building Authority; powers ...................................HB 982
USED CAR DEALERS; definition; exclude pawnbrokers..........................................HB 324

VALDOSTA, CITY OF; certain property; urge lease.....................................................HR 50
VALDOSTA HIGH SCHOOL WILDCATS FOOTBALL TEAM AND COACH NICK HYDER; invite to House .......................................................HR 100
VENEMA, WILLIAM H. "BILL"; commend ..............................................................HR 569
VENEREAL DISEASE Marriage licenses; HIV testing.........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Sex education and AIDS prevention instruction...........................................................HB 854 Sex education and AIDS prevention instruction; certain requirements....................HB 423
VERDICT AND JUDGMENT Supreme Court; certain judgments; last 15 days of term................................................SB 76
VERNONBURG, TOWN OF; elections; amend provisions .........................................SB 144
VETERANS' AFFAIRS Department of; commend national salute to hospitalized veterans ...........................HR 164 License plates and drivers' licenses; certain disabled veterans....................................SB 242 Purple Heart veterans; license plates; amend fees........................................................HB 113 Purple Heart veterans; license plates; annual fee exemption........................................HB 78 Special license plates; additional fees; delete requirement..........................................HB 618 Special license plates; additional fees; delete requirement..........................................HB 698 Special license plates; disabled veterans.........................................................................HB 585 Veterans Memorial Highway; designate............................................................................HR 88
VETERINARY MEDICINE Animal Protection Act; veterinarians as pet dealers or kennel.....................................HB 52 Nonsurgical transfer of embryos ........................................................................................HB 63 Veterinarians and animal boarders; disposal or sale of animals; notice.....................SB 130
Refer to numerical index for page numbers

INDEX

2863

VETOES; communications from Governor...............................................................Pages 48, 53
VICTIMS OF CRIMES Compensation; maximum award ......................................................................................HB 690 Corrections Department; notify victim of offender's death, release, or escape ................................................................................................HB 211 Criminal procedure; death sentence or life imprisonment; victim impact statement.....................................................................HB 486 Family violence; arrest of perpetrator; victim's wishes ................................................HB 534 Prisoners; notification to victim of change in status.....................................................SB 252 Prisons; institutional stores; use of profits.....................................................................HB 380 Stalking and aggravated stalking; define offenses; conditions for pretrial release.........................................................................................HB 37 Stalking and aggravated stalking; define offenses; conditions for pretrial release..........................................................................................SB 13 Stalking and aggravated stalking; define offenses; notify victim of offender's release ................................................................................HB 401
VILLA RICA, CITY OF; corporate limits...................................................................HB 1106
VITAL RECORDS Marriage licenses; HIV testing.........................................................................................HB 179 Marriage licenses; HIV testing; confidentiality..............................................................HB 445 Paternity determination; blood and genetic testing........................................................HB 90 Paternity determination; genetic testing; child support................................................SB 148 Spontaneous fetal deaths; reporting provisions.............................................................HB 842
VOCATIONAL EDUCATION Alternative incarceration; adult education courses; participation; exception.................................................................................................HB 191 House Study Committee on Postsecondary Technical and Adult Education Finance; create..........................................................................HR 387 Mandatory education; age requirement.............................................................................SB 72 Nonpublic Postsecondary Education Commission; amend provisions .......................HB 929 Nonpublic postsecondary education; public records; exemption ................................HB 938 Older Worker Task Force; create......................................................................................SR 131 Proprietary schools; graduate placement requirements................................................HB 953 Teachers Retirement; certain transfer from Employees' Retirement System.........................................................................................................HB 323 Technical and Adult Education, State Board; personnel...........................................HB 1137
VOTING (Also, see Elections) Bills raising revenue; approval by voters - CA................................................................HR 12 Candidate; withdrawal at general election; provisions..................................................HB 609 Elections; amend provisions..............................................................................................HB 297 Elections; amend provisions..............................................................................................HB 802 Elections; campaign activities at polling place; restrictions.........................................HB 125 Elections; delivery of voting materials to superior court clerk or designee....................................................................................................SB 214 Elections; delivery of returns............................................................................................HB 396 Elections; early voting; provisions....................................................................................HB 738 Elections; prohibited activities; posting notice at polling place..................................HB 370 Jury lists; composition; amend provisions.......................................................................SB 193 Late voters; register and vote same day .........................................................................HB 993 Municipalities; purging voter registration lists..............................................................HB 305 Municipalities; use county registration system..............................................................HB 608 Persons over age 65; vote without waiting......................................................................HB 988 Registration requirement; public assistance recipients.................................................HB 387 Special elections; vacancies in office................................................................................HB 189

Refer to numerical index for page numbers

2864

INDEX

VOTING (Also, see Elections) (Continued) Superior court judges; nonpartisan elections; plurality; ballots................................HB 1026 Voter registration; amend provisions...............................................................................HB 295 Voter registration; driver's license examiners ................................................................HB 187 Voter registration; driver's license examiners ................................................................HB 611 Voter registration; identification or documentation......................................................HB 437
VULCAN MATERIALS COMPANY; commend .......................................................HR 367

w

WAD A, MITSUSHI; commend ........................................................................................HR 471
WADE, ZACK, DON TUCKER, SALLY DUNN, AND REGINALD BARRY; invite to House........................................................................HR 327
WADLEY, CITY OF; mayor and council; districts .....................................................HB 1088
WALKER, SENATOR EUGENE P.; commend..........................................................HR 407
WALTER L. HARDIN BRIDGE; designate.................................................................SR 230
WALTON COUNTY Board of commissioners; reconstitute............................................................................HB 1017 Board of education; districts..............................................................................................SB 259 Sheriffs department; commend .......................................................................................HR 551 Volunteer fire department; commend .............................................................................HR 547
WARD, CAROL COKER AND WILLIAM CLEVELAND IV; commend .........HR 470
WARE COUNTY; state court; judge's compensation....................................................HB 548
WARNER ROBINS, CITY OF; council; districts........................................................HB 570
WARRANTS Criminal procedure; suppression of evidence; warrant unsupported by probable cause.....................................................................................SB 113
WARREN COUNTY Board of education; reconstitute......................................................................................HB 159 Probate court judge; clerical compensation....................................................................HB 588
WARSAW GHETTO UPRISING; fiftieth anniversary; commend...........................HR 511
WASHINGTON COUNTY Board of commissioners; districts ....................................................................................HB 873 Board of education; reconstitute......................................................................................HB 875
WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) Antifreeze; prohibitions.....................................................................................................HB 209 Development impact fees; amend provisions .....................................................................HB 1 Eminent domain; condemnation award; set off by water or tax liens .......................HB 989 Irrigation contractors; licensing........................................................................................HB 516 Joint Study Committee on Sludge; create........................................................................HR 66 Pollution Prevention Assistance Division; establish ......................................................SB 200 Suppliers; unpaid charges; limited liens .........................................................................HB 862 Systems; operators and laboratory analysts; training by Environmental Protection Division........................................................................HB 283
Refer to numerical index for page numbers

INDEX

2865

WATER AND WASTEWATER (Also, see Waters, Ports and Watercraft) (Continued) Waste disposal; marine toilets on Lake Blue Ridge; prohibitions ..............................HB 528 Water pollution; combined sewer overflow system; sanctions ........................................SB 19 Water pollution control; sludge land application ..........................................................HB 228 Water well contractors; continuing education................................................................HB 224 Water well contractors; previous licensee; new license.................................................HB 915
WATER POLLUTION Control; sludge land application.......................................................................................HB 228 Joint Study Committee on Sludge; create ........................................................................HR 66 Lakes; water quality standards; adopt ............................................................................HB 558 Pollution Prevention Assistance Division; establish ......................................................SB 200 Waste disposal; marine toilets on Lake Blue Ridge; prohibitions ..............................HB 528 Water and wastewater systems; operators and laboratory analysts; training by Environmental Protection Division ........................................HB 283
WATERS, GARY; commend .............................................................................................HR 637
WATERS, PORTS AND WATERCRAFT Ad valorem tax; recreational personal property; taxable situs....................................HB 478 Antifreeze; prohibitions .....................................................................................................HB 209 Boat Safety Act; registration decals; restrictions on Chattahoochee River .........................................................................................................SB 16 Certain carriers, major components, and replacement parts; sales tax exemption .............................................................................................HB 176 Gambling on "voyages to nowhere"; prohibit................................................................HB 898 Georgia Ports Authority; police powers ........................................................................HB 1136 High Falls Lake; boat docks; permits..............................................................................HB 195 Houseboats; prohibit on certain lakes .............................................................................HB 695 Lakes; water quality standards; adopt ............................................................................HB 558 Waste disposal; marine toilets on Lake Blue Ridge; prohibitions..............................HB 528
WATKINSVILLE, CITY OF; elections; terms.............................................................HB 940
WAYCROSS WOMAN'S CLUB; commend .................................................................HR 574
WAYNE COUNTY Brunswick Judicial Circuit; judges; supplement..........................................................HB 1040 Homestead exemption; certain residents ........................................................................HB 745 State court judge and solicitor; compensation ...............................................................HB 746
WAYNE GARNER PARKWAY; designate..................................................................HR 134
WEAPONS Carrying at school function or on property; searches; reports ....................................HB 860 Crimes; commission by felon using firearm....................................................................HB 832 Firearms; possession while under influence of alcohol or drugs; prohibitions......................................................................................................SB 121 Firearms sales; dealer provisions; records checks..........................................................HB 732 Firearms sales; records checks.............................................................................................SB 12 Possession; marijuana offense; penalty ...........................................................................HB 765 Prohibitions on school property; include bludgeon-type instruments....................................................................................................................HB 1100
WEBSTER COUNTY; board of education; reconstitute .............................................HB 713
WEIGHTS AND MEASURES Compressed natural gas; gallon equivalent.....................................................................HB 928 Compressed petroleum gas; gallon equivalent; motor fuel tax.....................................SB 141 Highways; excess dimensions; wood roof and floor trusses...........................................SB 238 Highways; length of vehicle loads; unprocessed forest products.................................HB 660

Refer to numerical index for page numbers

2866

INDEX

WEIGHTS AND MEASURES (Continued) Highways; weight of vehicle loads; compliance.................................................................SB 38 Scales and mechanics; registration fees...........................................................................HB 722 Vehicle loads; maximum weight; municipal solid waste transport .............................HB 879
WELFARE (See Social Services)
WELTNER, CHIEF JUSTICE CHARLES L., SR.; condolences ..........................HR 141
WESTERN JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 655 Clarke County; certain staff in district attorney's office; repeal provisions .................................................................................................HB 453
WESTMORELAND, HONORABLE LYNN; communication.............................Page 1420
WESTOVER HIGH SCHOOL BASKETBALL TEAM; invite to House ............HR 499
WHATLEY, ANDREA Commend...............................................................................................................................HR 39 Commend...............................................................................................................................HR 41
WHEELER, EMMA JEAN; condolences.........................................................................HR 74
WHIDDON, SHERIFF PRESTON LAMAR; condolences......................................HR 498
WHITE, BENJAMIN B.; commend................................................................................HR 620
WHITFIELD COUNTY Board of commissioners; term limits................................................................................SB 151 Magistrate; nonpartisan election.......................................................................................SB 167
WHITWORTH, BOBBY JOE Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" .............................................HR 438 Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" .............................................HR 553
WICKHAM, WILLIAM C. "BILLY"; condolences ....................................................HR 274
WIGGINS, CLIFTON A., SR.; condolences ..................................................................HR 622
WILBER, JOSEPH E., M. D.; commend.......................................................................HR 359
WILDLIFE Bears; certain killing authorized ......................................................................................HB 112 Bears constituting threat; removal; ranger; retain weapon and badge .......................SB 306 Game and fish; hunter education; certification requirement; nonresident licensing ..............................................................................HB 597 Hunter education courses; age requirement...................................................................HB 163 Hunting bears; increase bag limit....................................................................................HB 285 Hunting deer; certain crossbows during archery season...............................................HB 877 Hunting does in certain counties; prohibit.....................................................................HB 245 Unlawful enticement of game; prohibit hunting on baited field.................................HB 420 Violations of wildlife laws; probate courts; jurisdiction .................................................HB 46 Wildlife management areas; handicapped persons operate all-terrain vehicles............................................................................................HB 635
WILKES, COACH VERNON; commend.......................................................................HR 530
WILKES COUNTY Board of commissioners; districts ....................................................................................HB 120 Board of education; districts.............................................................................................HB 119

Refer to numerical index for page numbers

INDEX

2867

WILKES COUNTY (Continued) Board of education; expiration date................................................................................HB 586 Coroner; salary ....................................................................................................................HB 780
WILKINSON COUNTY Commissioner districts.......................................................................................................HB 595 Probate and magistrate courts; certain compensation................................................HB 1046 Sheriff and personnel; compensation.............................................................................HB 1031 Superior court clerk and personnel; compensation .....................................................HB 1032 Tax commissioner and personnel; compensation.........................................................HB 1033
WILLIAMS, BERNARD WYATT; condolences.........................................................HR 249
WILLIAMS, HONORABLE J. D.; commend ..............................................................HR 612
WILLIAMS, MS. JETT; invite to House.......................................................................HR 198
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Fiduciaries; authority to renounce interest in property................................................SB 189 Foreign wills probated in another state; recording in Georgia....................................HB 361 Lost or destroyed will; presumption of revocability; applicability ..............................SB 256 Year's support; define child ...............................................................................................SB 172
WILSON, NINA; compensate .............................................................................................HR 96
WINDER-BARROW HIGH SCHOOL GIRLS BASKETBALL TEAM; commend ..............................................................................................................HR 573
WINDER, CITY OF; centennial; commend....................................................................HR 461
WINDER FIRST BAPTIST CHURCH; commend ...................................................HR 421
WINDER NEWS, THE; commend ..................................................................................HR 513
WINE (Also, see Alcoholic Beverages and Alcoholism) Deliveries in vehicles owned by dealer's employees......................................................HB 699 Delivery by wholesalers; tax payments; refund or credit .............................................HB 551 Sunday sales during certain hours; consumption on premises.....................................SB 314
WINKLER, CRAIG J.; compensate ................................................................................HR 263
WITNESSES Criminal procedure; discovery and inspection; disclosure............................................HB 828 Expert witnesses; qualification provisions; malpractice action .................................HB 1025 Law enforcement officers and arson investigators; fees.................................................HB 40
WOMEN OF DISTINCTION SOCIAL CLUB OF SYLVESTER; commend ..............................................................................................HR 647
WOOD, SARAH C.; commend ..........................................................................................HR 277
WORKERS' COMPENSATION Administrative law judges serve on state board; experience modification worksheet; self-insurance fund ..........................................HB 677 Board; access to records of fatal cases .............................................................................SB 103 Cancellation procedures.....................................................................................................HB 482 Certain notification; certified mail...................................................................................HB 436 Employee definition; municipal inmate; substitute systems standards......................SB 273 Employment; termination contrary to public policy; prohibit ....................................HB 665 Less than seven employees; applicability........................................................................HB 771 Premium reduction; drug-free workplace.......................................................................HB 811 Rejected policies; rates.......................................................................................................HB 591 Safety committees; provisions.........................................................................................HB 1158 Self-insurance fund; gross annual premiums..................................................................HB 590
Refer to numerical index for page numbers

2868

INDEX

WORKERS' COMPENSATION (Continued) Self-insurance fund; premium taxes ................................................................................HB 734 Self-insurance fund; similar classification ......................................................................HB 639 Self-insurance fund; solicitation of membership ...........................................................HB 527 Small Business Protection Act; enact...............................................................................SB 240
WORLD CONGRESS CENTER Activities on sidewalks; amend provisions......................................................................HB 700 Activities on sidewalks; relative to...................................................................................HR 402 Excise tax; certain food service establishments .............................................................HB 578
WORLD VISION 30 HOUR FAMINE PROGRAM; commend participants .....HR 105
WORTH COUNTY; state court solicitor; salary ..........................................................HB 1096
WRIGHT, CAPTAIN JEFFREY STEWART, U.S.M.C. Condolences.........................................................................................................................HR 297 Condolences; invite family to House ...............................................................................HR 192
WRIGHT, DUSTIN;commend...........................................................................................HR 38

YAHAYA, D AUDA; commend .........................................................................................HR 625 YOUNG, PATRICIA TARVER; commend ..................................................................HR 571

ZONING Hearings; notification .........................................................................................................HB 235 Hospital authorities; real property; taxation and zoning .............................................HB 674 Procedures for adopting ordinance; clarify.....................................................................HB 810

Refer to numerical index for page numbers

PART II
HOUSE BILLS
HB 1 --Local government; development impact fees; water or sewer service; amend provisions ................................................21, 68
HB 2 --Counties and municipalities; consolidation; referendums.........................................................................21, 68, 297, 339, 638
HB 3 --Smoking in public places; prohibit................................................................22, 68 HB 4 --Seat belts; failure to secure safety belt on
minor; charge driver ....................................22, 68, 641, 762, 1252, 1262, 1352 HB 5 --Minors in open bed pickups; prohibit on
interstate or four lane highways................................................................22, 68 HB 6 --Schools; corporal punishment; prohibit ........................................................22, 68 HB 7 --Candler County; board of education;
reconstitute ..........................................................................22, 68, 100, 100, 128 HB 8 --Harris County; board of education;
reconstitute ..........................................................................22, 68, 100, 100, 176 HB 9 --Harris County; board of commissioners;
districts.................................................................................22, 68, 100, 108, 176 HB 10 --Child custody; temporary award; court authorization ................................23, 68 HB 11 --Athens-Clarke County; commission districts ......................23, 68, 100, 108, 128 HB 12 --Clarke County; board of education;
districts.................................................................................23, 68, 100, 108, 129 HB 13 --Dublin, City of; board of education;
reconstitute ..........................................................................23, 68, 100, 108, 129 HB 14 --Randolph County; board of education;
reconstitute ..........................................................................23, 68, 100, 110, 129 HB 15 --Clay County; board of education;
reconstitute..........................................................................23, 68, 100, 111, 129 HB 16 --Clay County; board of commissioners;
districts.................................................................................23, 68, 100, 114, 129 HB 17 --Randolph County; board of commissioners;
districts.................................................................................24, 68, 100, 108, 129 HB 18 --Fair and Open Grants Act; enact...................................................................24, 68 HB 19 --Marion County; board of commissioners;
compensation.......................................................................24, 68, 100, 109, 129 HB 20 --Quitman County; board of education;
reconstitute ..........................................................................24, 68, 100, 109, 129 HB 21 --Driver's license suspension; proof of
insurance; restricted driving permit ................................................24, 68, 946, 1032, 1772, 2598
HB 22 --Driver's license revocation; hearing request; time limit......................................................................................24, 68, 608, 892
HB 23 --Driver's license; Public Safety Department records; compilation of lists .......................................................................24, 68
HB 24 --Driver's license; suspension; completion of

2870

INDEX

DUI Alcohol or Drug Use Risk Reduction Program for certain reinstatement.......................................25, 68, 608, 876, 1874, 2601 HB 25 --Motor vehicle registration; proof; surrender of driver's license upon reissuance............................................................25, 68 HB 26 --Uniform rules of the road; proof of insurance; financial responsibility...................................................25, 68, 1274 HB 27 --Uniform rules of the road; riding horse on roadway after dark; penalty.......................................................................25, 68 HB 28 --Driver's license deposited as bail; failure to appear; reinstatement fees.....................................................................25, 68 HB 29 --Prisons; furnishing certain items to prisoners; prohibitions .....................................................25, 68, 346, 458, 1871 HB 30 --Sheriffs; inmates records; inspection..................................26, 68, 554, 709, 1871 HB 31 --Highways; fleeing or eluding peace officer; fine ..........................................26, 68 HB 32 --Driver's license; false application or improper use; penalty .................................................................................26, 68 HB 33 --Terrell County; board of commissioners; districts.................................................................................26, 68, 100, 116, 129 HB 34 --License plates; revalidation decal requirement; fine ..............................................................26, 68, 325, 429, 1825 HB 35 --Terrell County; board of education; reconstitute..................................................................26, 68, 100, 109, 130, 141 HB 36 --Fair and Open Grants Act; enact...................................................................26, 68 HB 37 --Stalking and aggravated stalking; define offenses.......................................27, 68 HB 38 --Teachers Retirement; benefit payment; deduct certain dues......................................................................27, 68, 807, 1260, 1871 HB 39 --Boiler and pressure vessel Safety Act; air storage tanks; exception ........................................27, 68, 346, 600, 1771, 2085 HB 40 --Law enforcement officers and arson investigators; witness fees...........................................................................27, 68 HB 41 --Budgetary Responsibility Oversight Committee; create.............................................................................................27, 68, 345, 642 HB 42 --Cobb Judicial Circuit; add judge.........................................................28, 68, 1475 HB 43 --Civil practice; transfer of actions from superior to state court.................................................................................28, 68 HB 44 --Local governments; multiyear lease purchase contracts; prohibitions................................................................................28, 68 HB 45 --Local school systems; multiyear lease purchase contracts; prohibition .................................................................28, 68
HB 46 --Probate courts; violations of wildlife laws; jurisdiction............................................................................................28, 68, 346
HB 47 --Wiretapping; recording telephone conversation of minor; consent by order of judge.........................28, 68, 449, 625, 1828, 2116
HB 48 --Wiretapping; party to communication ..........................................................29, 68 HB 49 --Public employees; certain abuse; complaints
or information concerning fraud........................29, 68, 880, 1029, 1771, 2069 HB 50 --Bail bonds; sureties approval board ..............................................................29, 68 HB 51 --Superior Court judges retirement; prior
service credit.................................................................................................29, 68 HB 52 --Animal Protection Act; veterinarians as pet
dealers or kennel..........................................................................................29, 68 HB 53 --Superior Court Clerks; pay for duties in another court .............................29, 68
HB 54 --Elections; majority vote; exception for federal office .................................30, 68
HB 55 --Motor vehicle registration; nonresident and visiting drivers; violation ............................................................................30, 68
HB 56 --Excise tax; lottery ticket sales........................................................................30, 68
HB 57 --State flag; change design .................................................................................30, 68

INDEX

2871

HB 58 --Gainesville, City of; board of education; provisions.............................................................................30, 68, 100, 109, 129
HB 59 --Sales tax; certain casual sales; applicability.................................................30, 68 HB 60 --Ad valorem tax; conservation use property; assessment............................30, 68 HB 61 --Uniform rules of the road; emergency medical
technicians; certain privileges ....................................................................31, 68 HB 62 --Ad valorem tax; education; boards of
arbitrators..........................................................................31, 68, 609, 943, 1351 HB 63 --Veterinary medicine; nonsurgical transfer of
embryos..............................................................................31, 68, 307, 658, 1770 HB 64 --Special one percent sales tax; procedure for
imposition; amend .............................................................................31, 68, 1335 HB 65 --Ad valorem tax; advertisement of certain increases....................................31, 68 HB 66 --Ad valorem tax; conservation use property; repeal
certain advertisement provisions .........................31, 68, 325, 396, 2202, 2328 HB 67 --Prehistoric sites, burial grounds, ruins;
archeological research; Council on American Indian Concerns; create ..............................................................................32, 68 HB 68 --Commission on Women; per diem allowance ............................32, 68, 880, 1521 HB 69 --Motor vehicle insurance surcharge; accidents with emergency medical technicians or firefighters..........................................................................32, 68, 514, 709, 1770 HB 70 --Telephone systems; statement of warranty ..................................................32, 68 HB 71 --Probate court; service of guardian for minor or incapacitated adult ................................................................32, 68, 325, 425 HB 72 --Judgment liens; property possessed by purchaser for 4 years..........................................................32, 68, 346, 503, 544 HB 73 --Commercial Code; security interest in future crops; sharecroppers ...................................................................33, 68, 346, 432 HB 74 --Sales tax; fabrication; exempt routine repair of farm equipment.......................................................................................33, 68 HB 75 --Commercial Code; security interests; perfected production loans.........................33, 68, 325, 413, 2284, 2561, 2718 HB 76 --Advertising; certain disclaimer; size and type style .................................................................33, 68, 307, 411, 1874, 2316 HB 77 --Insurance Agents; display of license.............................................................33, 68,
514, 627, 1828, 1858 HB 78 --License plates; Purple Heart Veterans; annual
fee exemption...............................................................................................33, 68 HB 79 --Sentencing; review sentence imposed by judge
without jury.......................................................................34, 68, 325, 597, 1352 HB 80 --General Assembly; expenses and per diem of members.............................34, 68 HB 81 --Teachers Retirement; postretirement benefit
adjustment....................................................................................................34, 68 HB 82 --State agencies; stationery include telephone
numbers ........................................................................................34, 68, 126, 263 HB 83 --Local Government Efficiency 2000 Act;
enact..................................................................................34, 68, 880, 1019, 2350 HB 84 --Municipal corporations; repeal charter; lack
of services..............................................................34, 68, 897, 1022, 1034, 2350 HB 85 --Aid to families with dependent children;
revise provisions...........................................................................................35, 68
HB 86 --General appropriations; FY 1993-94; amend ......................................35, 68, 345,
376, 602, 604
HB 87 --Taxpayer Bill of Rights; enact ............................................35, 68, 515, 620, 1250
HB 88 --Employees' Retirement; creditable service;
forfeited leave...............................................................................................35, 68

2872

INDEX

HB 89 --Child support recovery; certain employers; report hiring and rehiring of employees..........................................35, 68, 628
HB 90 --Determination of paternity; blood and genetic testing................................................................35, 68, 413, 507, 529, 763, 1825
HB 91 --"Old Georgia Land"; designate official state poem....................................36, 68 HB 92 --Richmond County; certain officials; compensation.....................................36, 68 HB 93 --Assistive Technology Warranty Act; enact .........................................36, 68, 346,
433, 1979, 2115 HB 94 --Handicapped parking violations; penalty ..........................36, 68, 608, 714, 1352 HB 95 --Litter control; public trash or garbage
containers; prohibitions..............................................................36, 68, 346, 438 HB 96 --Counties; board of commissioners; provide ........................................36, 68, 1051 HB 97 --Georgia Equal Employment Opportunity Act; provide..............................37, 68 HB 98 --Counties or municipalities; fair rent commission; create...........................37, 68 HB 99 --Public Employees Labor Relations Act; enact.............................................37, 68
HB 100 --Mental health, mental retardation, and substance abuse programs; provision of services; revise .........................................37, 68, 1240, 1527, 1977, 2085
HB 101 --Attorney General; employment of private counsel........................---.37, 68 HB 102 --Education; school fund-raisers; sales tax exemption............................--....38, 68 HB 103 --Early County; board of education; powers ..........................38, 68, 285, 286, 364 HB 104 --Supplemental appropriations; FY 1992-93...................................................38, 68 HB 105 --Supplemental appropriations; FY 1993-94 ...................................................38, 68 HB 106 --Public Safety Department and State Patrol;
certain employees; involuntary separation benefits ...............................65, 99 HB 107 --Law enforcement officers; transportation of
arrested person; jurisdiction .................................65, 99, 773, 943, 1827, 1849 HB 108 --Troup County; board of education; composition
and election--.......--..--.--.......------..--.--.------65, 99, 126, 126, 176 HB 109 --Appeals; cross appeal by defendant......_____.........____..65, 99, 158, 261 HB 110 --Modification of alimony; cohabitation defined....................................65, 99, 880 HB 111 --State patrol; solid color of motor vehicles............................................66, 99, 773 HB 112 --Wildlife; certain killing of bears;
authorization..____..................................................................66, 99, 514, 656 HB 113 --License plates; Purple Heart veterans; amend
fees ......................................................................................66, 99, 345, 625, 2350 HB 114 --Tifton, City of; city manager; outside duties..............................................66, 99,
126, 126, 364
HB 115 --Tifton, City of; homestead exemptions; certain residents ...............................................................................66, 99, 126, 127, 364
HB 116 --Special license plates; motor vehicle distributors ........................................................................66, 99, 608, 712, 1489
HB 117 --General Assembly; bills and resolutions; prefiling ......................................67, 99 HB 118 --Transportation Board; election by roll-call vote .........................................67, 99 HB 119 --Wilkes County; board of education;
districts..........................................................................----67, 99, 126, 126, 176 HB 120 --Wilkes County; board of commissioners;
districts..........................................................--.------....67, 99, 126, 127, 177 HB 121 --Supplemental appropriations; FY 1992-93 .........................67, 99, 157, 177, 441,
460, 515, 530, 552, 898, 958
HB 122 --Certain county officers; actions constituting malpractice in office..................................................................................84, 125
HB 123 --Tifton, City of; municipal elections; date ..........................84, 125, 174, 174, 364
HB 124 --Agricultural or aquacultural food; action for disparagement.........................................____84, 125, 307, 428, 1352, 1738
HB 125 --Elections; campaign activities at polling place; restrictions--........................................................84, 125, 158, 261, 1287

INDEX

2873

HB 126 --Insurance; audits of insurers; additional requirements...............................................................................................84, 125
HB 127 --Taliaferro County; board of education; reconstitute ........................................................................85, 125, 174, 174, 304
HB 128 --Speed detection device; warning signs; distance........................................85, 125 HB 129 --Greensboro, City of; recorder's court;
punishment ........................................................................85, 125, 174, 174, 304 HB 130 --Child molestation and aggravated child molestation;
second offense; punishment ........................................85, 125, 946, 1523, 2350 HB 131 --Alcoholic beverages; sales by coliseum
authorities...........................................................................................85, 125, 380 HB 132 --Fiscal affairs subcommittees; four-year plans;
Program Review Act; enact......................................................................85, 125 HB 133 --Stalking and aggravated stalking; define offenses.....................................86, 125 HB 134 --Sales tax exemption; certain organizations.................................................86, 125 HB 135 --Grayson, City of; mayor and council; terms......................86, 125, 174, 175, 304 HB 136 --Courts; election of judges ..............................................................................86, 125 HB 137 --Local governments; financial audits;
expenditure level.............................................................86, 125, 380, 426, 1975 HB 138 --Electronically furnishing obscene materials to
minors; define offense..........................................86, 125, 325, 344, 1829, 1847 HB 139 --Wiretapping; prohibit intercepting
communication between cellular telephones; exceptions ..............................................................87, 125, 346, 429, 1252, 1734 HB 140 --Torts; Roller Skating Safety Act of 1993; enact................................................................................87, 125, 880, 1015, 2145 HB 141 --Juvenile proceedings; certain unruly child .................................................87, 125 HB 142 --Housing and Finance Authority; amend; Hospital Financing Authority; repeal..................................87, 125, 307, 410, 782, 1723 HB 143 --Georgia Court-annexed Alternative Dispute Resolution Act; enact .....................................................87, 125, 773, 850, 1825 HB 144 --Retirement and Pensions Code; corrections....................87, 117, 125, 292, 1872 HB 145 --Code of Georgia; corrections and revisions .......................................88, 117, 125,
292, 1874, 2113 HB 146 --Elections Code; corrections................................................88, 117, 125, 293, 1872 HB 147 --Senior judge; repeal prohibition against
holding public office..................................................................................88, 125 HB 148 --Senior judge; repeal prohibition against
practicing law or holding public office...................................................88, 125 HB 149 --Corporations; amend provisions ..........................................................88, 125, 449,
692, 1828, 2112 HB 150 --Municipal law enforcement officers;
transporting prisoners; provisions ...........................................................88, 125 HB 151 --Candidates; political contributions by
corporations; prohibit .......................................................................89, 125, 879 HB 152 --Commerce, City of; board of education;
reconstitute........................................................................89, 125, 174, 175, 566 HB 153 --Statutory rape; change age............................................................................89, 125 HB 154 --Occupation tax; practitioner's office; certain
contractors..........................................................................................89, 125, 442 HB 155 --Morgan County; board of education;
reapportion ........................................................................89, 125, 174, 175, 305
HB 156 --Morgan County; board of commissioners;
districts...............................................................................89, 125, 174, 175, 305
HB 157 --Effingham County; state court; judge's
salary...................................................................................89, 125, 174, 176, 305
HB 158 --Employees' Retirement; certain military service credit............................90, 125

2874

INDEX

HB 159 --Warren County; board of education; reconstitute ........................................................................90, 125, 174, 176, 305
HB 160 --State flag; change design ...............................................................................90, 125 HB 161 --Georgia Building Authority; method of
borrowing money ...............................................................................90, 125, 345 HB 162 --Law enforcement officers; communicable
diseases; threat of transmission ..............................................90, 125, 773, 852 HB 163 --Hunter education courses; age requirement...............................................90, 125 HB 164 --Motor vehicle registration; proof; amend
provisions.................................................90, 125, 1280, 1512, 2337, 2609, 2713 HB 165 --Uniform rules of the road; passenger behavior;
tilted truck bed ..........................................................................................91, 125 HB 166 --Human Resources Board; membership; practice of
medicine ......................................................................................................91, 125 HB 167 --Merit system; sick leave; amend provisions..............................91, 125, 622, 769,
1771, 1847, 2150
HB 168 --Social services; foster parents; records checks ...............................................................................91, 125, 296, 344, 1288
HB 169 --Sales tax exemption; casual sales of motor vehicles .................................91, 125 HB 170 --General Assembly; bills and resolutions;
prefiling...................................................................................91, 125, 1346, 1687 HB 171 --Campaign contributions; disclosure reports;
late filing fee ..............................................................................92, 125, 325, 504 HB 172 --Stolen motor vehicles; reports;
notification.......................................................................92, 125, 346, 503, 1872 HB 173 --Sales of certain goods during declared
emergency; prohibit price increase.........................................92, 125, 607, 690 HB 174 --Recreational bingo; provisions...........................................92, 125, 346, 602, 1825 HB 175 --Ad valorem tax; define fair market value of property..............................92, 125 HB 176 --Certain carriers, major components, and
replacement parts; sales tax exemption .................................................92, 125 HB 177 --Supplemental Appropriations; FY 1992-93 ................................................93, 125 HB 178 --Air pollution control; odor-causing chemicals;
limitations...................................................................................................93, 125 HB 179 --Marriage licenses; HIV testing .....................................................................93, 125 HB 180 --Junkyards; regulation and control ...............................................................93, 125 HB 181 --Local sales tax; limitation; exempt MARTA ...................................93, 125, 1335 HB 182 --Alcoholic beverage sales; polling place
prohibition; exemption .....................................................................93, 125, 807 HB 183 --Hospital authorities; state grants; public
health purposes ..........................................................................................94, 125 HB 184 --State regional hospitals; classification.........................................................94, 125 HB 185 --Unpaid parking fines; nonissuance of
registration and license plates .................................................................94, 125 HB 186 --Motor fuel tax; counties and municipalities;
special districts...........................................................................................94, 125 HB 187 --Voter registration; driver's license examiners............................94, 125, 264, 553 HB 188 --General Assembly; filing bills during interim ............................................94, 125 HB 189 --Special elections; vacancies in office ..................................................95, 125, 380,
512, 531, 572
HB 190 --Criminal proceedings; third-year law students as assistants .....................................................................95, 125, 290, 989, 1125
HB 191 --Alternative incarceration; adult education
courses; participation .....................................................95, 125, 757, 873, 1975
HB 192 --Employees' Retirement; Indigent Defense Council...................................95, 125
HB 193 --Commerce and trade; solicitation of elderly;
certain hours ..........................................................................95, 125, 1259, 1684

INDEX

2875

HB 194 --Psychologists and psychiatrists; privileged communications..........................................................................................95, 125
HB 195 --High Falls Lake; boat docks; permits...............................96, 125, 324, 506, 1250 HB 196 --Chiropractors; scope of practice ...................................................................96, 125 HB 197 --Malt beverages; home production; amount per
year...................................................................................96, 125, 380, 505, 1250 HB 198 --Fleeing, eluding, or impersonating a law
enforcement officer; penalty ....................................................................96, 125 HB 199 --Speed detection devices; restrictions;
exemption; certain counties......................................................................96, 125 HB 200 --Juries; civil actions; dollar amount ..............................................................96, 125 HB 201 --Teachers; duty-free lunch..............................................................................97, 125 HB 202 --Alcoholic beverages; prohibit sale for
consumption at gasoline retail outlets....................................................97, 125 HB 203 --Multiple beverage containers; sale without
biodegradable product; prohibit ..............................................................97, 125 HB 204 --Radar detectors; prohibit use .......................................................................97, 125 HB 205 --Sheriffs; qualifications; exemption..................................97, 125, 773, 1029, 1876 HB 206 --Constitutional county officers; compensation...............................H8, 173, 1043,
1268, 1828, 1856, 1876, 1963, 1987, 2641, 2719 HB 207 --Highways; outdoor luminaries; expenditure for
installation; restrictions ..........................................................................118, 173 HB 208 --Hotel and motel tax; pedestrian walks and
trails............................................................................H9, 173, 1044, 1589, 1627 HB 209 --Antifreeze; prohibit certain acts.................................................................H9, 173 HB 210 --Employment; immunity for disclosure of
information about former employee .....................................................119, 173 HB 211 --Corrections Department; notify victim of
offender's death, release, or escape ..................................119, 173, 1280, 1665 HB 212 --Physicians; patient referral for certain
health care services; prohibitions..........................................................119, 173 HB 213 --Motor vehicle racetracks; licensing; Safety
Fire Commissioner......................................................ll9, 173, 554, 1031, 2350 HB 214 --Motor vehicles; school bus tire treads;
requirements..................................................................l20, 173, 325, 981, 2350 HB 215 --Solid waste permits; certain facilities; extend date.................................l20, 173 HB 216 --Jefferson, City of; board of education;
reconstitute ......................................................................120, 173, 285, 285, 337 HB 217 --Jefferson, City of; council districts ...................................120, 173, 285, 285, 337 HB 218 --Revenue Code; incorporate provisions of
federal tax code.............................................................!20, 173, 325, 659, 1825 HB 219 --Certain motor vehicle sales to nonresidents;
repeal sales tax exemption .....................................................................120, 173 HB 220 --Taxable net income; certain shareholder adjustments...................!20, 173, 727 HB 221 --Ad valorem tax; certain reports; amend provisions.................................121, 173 HB 222 --Ad valorem tax; board of assessors; certain
duties..............................................................................121, 173, 325, 411, 1872 HB 223 --Coroners; annual training course..............................................!21, 173, 554, 802,
1615, 1744, 1772, 2243, 2412, 2619, 2720 HB 224 --Water well contractors; continuing education.........................................121, 173,
563, 620, 1489 HB 225 --Certain part-time officials; transacting
business with state..........................................................................121, 173, 880
HB 226 --Marietta, City of; board of education;
election .............................................................................121, 173, 450, 450, 751
HB 227 --Certain suspended driver's license;
custody ...........................................................................121, 173, 346, 395, 1288

2876

INDEX

HB 228 --Water pollution control; sludge land application .....................................................................122, 173, 806, 871, 1490
HB 229 --Motor vehicles; return for taxation; amend provisions.......................................................................122, 173, 515, 538, 1251
HB 230 --Teachers Retirement; creditable service; pregnancy leave........................................................................................122, 173
HB 231 --Motor vehicle insurance; premiums; geographic factor...................,......................................................................................122, 173
HB 232 --Inmates; medical treatment; reimbursement...........................................l22, 173, 540, 876, 1872
HB 233 --Local school systems; multiyear lease purchase contracts; real property prohibition......................................................!22, 173
HB 234 --Retirement systems standards; repeal exemption for Firemen's Pension Fund..................................................l23, 173, 297, 342
HB 235 --Local government; zoning hearings; notification .....................................123, 173
HB 236 --Civil actions; limitation; childhood sexual abuse................................................................................................!23, 173, 1274
HB 237 --Mortgage lenders and brokers; regulation and Iicensure...............................................................l23, 173, 441, 578, 1977, 2287
HB 238 --Housing authorities; commissioners and resident commissioners.................................................................l23, 173, 1347
HB 239 --Teachers Retirement; refunded contributions; payment..........................................................................l23, 173, 297, 343, 1825
HB 240 --Charitable fund; paid solicitor; certified financial statement........................................................................l24, 173, 1334
HB 241 --Counties; commissioners and chairman; bipartisan election ...................................................................................124, 173
HB 242 --Motor common carrier and motor contract carrier; pulpwood trailers and pole trailers................................!60, 284, 346, 431, 1828, 1857
HB 243 --Superior Court Clerks' Cooperative Authority; create ..........................................................................160, 284, 1274, 1455, 1975
HB 244 --Uniform Commercial Code; amend.............................!60, 284, 1274, 1442, 1976 HB 245 --Hunting does in certain counties; prohibit...............................................!60, 284 HB 246 --Public records; access for commercial
solicitation; repeal prohibition..................................!61, 284, 880, 1003, 2350 HB 247 --Clinical laboratories; examination of human
specimens; request by chiropractors.....................................................!61, 284 HB 248 --Local school superintendents; minimum
salary....................................................................161, 284, 514, 575, 1771, 2117 HB 249 --Madison, City of; mayor and council; districts..............................!61, 284, 2047 HB 250 --Law enforcement officers; indemnification;
line-of duty .......................................................................................161, 284, 554 HB 251 --Sales tax; certain casual sales; applicability.............................................161, 284 HB 252 --Torts; physicians as volunteer team doctors;
liability .................................................................162, 284, 360, 548, 1979, 2285 HB 253 --County boards of equalization; assessment appeals................................!62, 284
HB 254 --Public records; exempt certain archival records from public disclosure....................................!62, 284, 441, 620, 1490
HB 255 --Education; local boards; certain fee exemption...................................................................l62, 284, 1273, 1508, 1872
HB 256 --Hospital authorities; payment for services in
certain counties; Iimitations...................................................................l62, 284
HB 257 --Solid waste management; scrap tire disposal; yard
trimmings; amend provisions..........................!62, 284, 806, 1126, 1979, 2324
HB 258 --Conditioned air contracting; change
definition..............................................................!63, 284, 346, 602, 1352, 1733

INDEX

2877

HB 259 --General appropriations; FY 1993-94..........................163, 284, 1273, 1356, 1877, 1916, 1966, 1986, 1986, 2204, 2360
HB 260 --Employees' Retirement; creditable service; forfeited leave................................................;..........................................163, 284
HB 261 --Child support; income deduction orders.........................................,163, 284, 413, 600, 645, 2033, 2322
HB 262 --Counties and municipalities; referendum provisions......................163, 284, 988 HB 263 --Coin operated amusement machines; licensing;
exemption.......................................................,..........................................163, 284 HB 264 --Limited Liability Company Act; enact.........................!64, 284, 823, 1165, 2145 HB 265 --Remittance of certain abandoned property;
recognize American Indian tribes............................!64, 284, 609, 1555, 1978, 2131, 2203, 2489, 2562, 2684, 2720
HB 266 --Tax assessment; change provisions regarding protest ...............................................................................................164, 284, 808
HB 267 --Intangible property; confidentiality of digest; exception.......................................................................................164, 284
HB 268 --Taxation; contesting proposed assessment or license fee..................................................................................................!64, 284
HB 269 --Taxation; contesting assessments; levies; release of liened property................................!64, 284, 808, 1696, 1978, 2607
HB 270 --Tax information; confidentiality ................................................................165, 284 HB 271 --Income tax; fraudulent underpayment; amend
provisions ..................................................................................................165, 284 HB 272 --Corporations; officers' liability for tax
penalty or interest ...................................................................................165, 284 HB 273 --Income tax; confidentiality of returns; exception....................................!65, 284 HB 274 --Tax amnesty; collection fee cost ........................................................165, 284, 808 HB 275 --Tax levy; accounts with financial
institutions .............................................................................165, 284, 808, 1556 HB 276 --Teachers' Retirement; unused sick leave; credit .....................................166, 284 HB 277 --Joint board of tax assessors; certain counties;
repeal Act creating ...................................................166, 284, 1705, 1706, 2350 HB 278 --Local retirement funds; investments .........................................................166, 284 HB 279 --Atlanta Judicial Circuit; district attorney's
office; compensation ................................................................................166, 284 HB 280 --Public contracts; bids in certain counties;
responsible bidder..............................!66, 284, 664, 978, 990, 995, 2034, 2548 HB 281 --Public works contracts; certain counties;
female business enterprises...................................!66, 284, 664, 978, 990, 995 HB 282 --Quality basic education; local fair share
funds; limitation ..................................................................167, 284, 1273, 1509 HB 283 --Water and wastewater systems; operators and
laboratory analysts; training.......................................167, 284, 563, 827, 1770 HB 284 --Indigent Defense Council; amend
provisions .......................................................................167, 284, 449, 706, 1976 HB 285 --Hunting bears; increase bag limit ..............................................................167, 284 HB 286 --Storage of fireworks; regulation...............................................l67, 284, 772, 1259 HB 287 --Right-of-way; law enforcement vehicle in traffic stop............................!67, 284 HB 288 --Seller or dealer; prohibit doing business
without certificate....................................................................................l68, 284 HB 289 --Baconton, City of; mayor and council;
terms.................................................................................168, 284, 300, 300, 423
HB 290 --Driver's license; exempt certain persons from
requirements ..........................................................................168, 284, 946, 1014
HB 291 --Special license plates; firefighters; delete fee...........................................!68, 284
HB 292 --Special license plates; amateur radio

2878

INDEX

operators.........................................................................l68, 284, 608, 715, 2145 HB 293 --State Housing Trust Fund for the Homeless
Commission; amend provisions...................................l68, 284, 442, 620, 1288 HB 294 --Houseparents; liability and property
insurance ........................................................................169, 284, 296, 395, 1251 HB 295 --Elections; voter registration; amend
provisions.........................................................................169, 284, 380, 512, 535 HB 296 --Children and Youth Services, Department of;
certain law enforcement powers; unruly and delinquent children ......................................................169, 284, 513, 655, 1288 HB 297 --Elections; amend provisions .......................................................169, 284, 380, 512 HB 298 --State Election Board; duties; powers........................................................l69, 284,
380, 537, 572, 659, 1491, 1741 HB 299 --Children and Youth Services, Department of;
authority to apprehend unruly and delinquent children...........................................................................!69, 284, 296, 395, 1288 HB 300 --Local school boards; elected members; appointed school superintendents; students' social security numbers ...............................................170, 284, 324, 367, 1492, 1850,
1981, 2119, 2181, 2654, 2691, 2720 HB 301 --Public records; Transportation Department;
rejected bids and cost estimates.................................l70, 284, 807, 963, 2146 HB 302 --Highways; cost of repairs; reimbursement to
Transportation Department....................................l70, 284, 1476, 1642, 1976 HB 303 --Ad valorem tax; litigation; interest on
refunds .................................................................170, 284, 515, 653, 1874, 2111 HB 304 --Registrars; nomination or election to
office...................M .....................................................................170, 284, 772,877 HB 305 --Municipalities; purging voter registration
lists .............................................................................................................170, 284 HB 306 --Juveniles; probation officer; detention
authority..............................................................171, 284, 296, 410, 1289, 2071 HB 307 --Appropriations bills; amendments or
substitutes; printing requirement..........................................................171, 284 HB 308 --Outdoor advertising; Transportation
Department; review of decision..................................171, 284, 609, 803, 1490 HB 309 --Tax digests; arbitration or appeal of
assessments; examination...............................................................l71, 284, 609 HB 310 --Tax amnesty; additional penalties...................................................l71, 284, 1275 HB 311 --Revenue Department; enforcement officer;
retain weapon or badge upon retirement..........................l71, 284, 773, 1164 HB 312 --Income tax withholding; employer's liability ...........................................172, 284 HB 313 --Sales tax; delinquency; prohibit certain transfer.....................................172, 284 HB 314 --Taxation; threats or intimidation of agents; penalty..............................172, 284 HB 315 --Ad valorem tax; assessment increase or decrease; notice.......................172, 284 HB 316 --Teachers Retirement; delete reference to
appointed boards ..........................................................172, 284, 297, 344, 1490 HB 317 --Douglasville-Douglas County Water and Sewer
Authority; elected members ..................................................266, 299, 886, 886 HB 318 --Criminal procedure; media coverage of certain
trials; prohibitions ...................................................................................266, 299 HB 319 --Smoking in public buildings; prohibit.............................................266, 299, 1026
HB 320 --Motor vehicle license plates; commemorate 1996
Olympic Games...............................................266, 299, 1274, 1468, 2338, 2626
HB 321 --Abandoned motor vehicles; lien foreclosure
affidavit; filing fee...................................................................267, 299, 360, 538
HB 322 --Human Resources and Medical Assistance,

INDEX

2879

Departments of; licensing of health facilities; certain hearing officers..................................267, 299, 1240, 1319, 1987, 2122 HB 323 --Teachers Retirement; certain transfer from Employees' Retirement System.............................................................267, 299 HB 324 --Used car dealers; definition; exclude pawnbrokers.............................................................................267, 299, 360, 540 HB 325 --Criminal procedure; commitment hearings; provisions..................................................................................267, 299, 360, 541 HB 326 --Bad checks; prosecution in magistrate courts; forfeiture of bonds ...................................................................................267, 299 HB 327 --Civil proceedings in magistrate courts; amend provisions .......................................................................268, 299, 562, 760, 1826 HB 328 --Boards of equalization; appeals decisions; written reasons ........................................................................268, 299, 515, 624 HB 329 --Unclaimed historic property; disposition; provisions..............................268, 299 HB 330 --Counties, municipalities, and school systems; multiyear contracts; repeal; reenact......................................................268, 299 HB 331 --United States senators and representatives from Georgia; term limitation................................................................268, 299
HB 332 --Madison, City of; mayor and council; elections............................................................................268, 299, 360, 361, 452
HB 333 --Child abuse and juvenile court records; access by certain school personnel........................................269, 299, 441, 623, 1982, 2282, 2284, 2438, 2562, 2666, 2720
HB 334 --Harris County; commissioner districts.............................269, 299, 360, 361, 423 HB 335 --Deceptive practices; unlicensed home health
services; prohibitions....................................................269, 299, 553, 708, 1251 HB 336 --Hospital authorities; open records; exempt
certain medical facility .................................................................269, 299, 1015 HB 337 --Property; dispossessory proceedings; writ of
possession .............................................................................269, 299, 1015, 1121 HB 338 --Towns County; board of education;
reconstitute..............................................................269, 299, 360, 361, 565, 577 HB 339 --Indigent and elderly health care; county liability ...................................270, 299 HB 340 --Personal care homes; definitions...............................................................270, 299,
323, 391, 599, 600, 1770
HB 341 --Agriculture; prompt payment for produce; certificate of receipt.............................................................270, 299, 725, 1005, 1050, 1280, 1503, 2284, 2559
HB 342 --Echols County; superior court clerk; compensation...................................................................270, 299, 335, 336, 453
HB 343 --Sheriffs; legal defense; provisions ...................................270, 299, 345, 562, 1632 HB 344 --Part-time judges; recusal upon conflict of
interest; local government representation...........................................270, 299, 360, 623, 1251
HB 345 --County attorney serving as municipal court judge; prohibitions...................................................................................271, 299
HB 346 --Hotel and motel tax; aviation museums ........................................271, 299, 1044, 1254, 2203, 2491, 2718
HB 347 --Sales tax exemption; electricity for chlor-alkali processing.............................................................................271, 299
HB 348 --Income tax; increase personal exemption.................................................271, 299
HB 349 --Labor, Department of; supplemental
appropriations; FY 1992-93.........................................271, 299, 756, 849, 1490
HB 350 --Ad valorem tax; intangible personal property;
include computer software ......................................272, 299, 1275, 1424, 1976
HB 351 --State employees; mileage rate; personal

2880

INDEX

vehicle.......................................................................272, 299, 554, 621, 639, 647 HB 352 --Special alternative incarceration; felony
offenses.................................................................272, 299, 540, 785, 1252, 1750 HB 353 --County correctional institutions; deputy
wardens; appointment..................................................272, 299, 540, 784, 1251 HB 354 --Mobile barbershops; regulate......................................................................272, 299 HB 355 --Fulton County; certain local constitutional
amendment; repeal..................................................................................272, 299 HB 356 --State flag; change design; referendum.......................................................273, 299 HB 357 --Quality basic education; sex education
courses; regulations..................................................................................273, 299 HB 358 --Public officers and employees; military duty;
sick leave ...................................................................................................273, 299 HB 359 --Probation; community service; include service
for aged and handicapped ......................................................................273, 299 HB 360 --Timber; sales by tonnage or pounds...............................273, 299, 441, 604, 2351 HB 361 --Foreign wills probated in another state;
recording in Georgia ...............................................................273, 299, 413, 657 HB 362 --Occupation taxes; regulatory fees; comprehensive
revision ..............................................274, 299, 609, 675, 984, 1302, 1978, 2074 HB 363 --Catoosa County; board of education;
reconstitute ......................................................................274, 299, 391, 392, 567 HB 364 --Mitchell County; commissioner districts;
composition......................................................................274, 299, 360, 362, 525 HB 365 --Mitchell County; board of education;
districts.............................................................................274, 299, 360, 362, 525 HB 366 --Hazardous waste management; certain chemicals; fees..........................274, 299 HB 367 --Solid waste management; requirements for
service reduction and recycling .............................................................274, 299 HB 368 --Environmental Justice Act; enact ..............................................................275, 299 HB 369 --Nonreturnable beverage containers; prohibitions....................................275, 299 HB 370 --Elections; prohibited activities; posting
notice at polling place .............................................................................275, 299 HB 371 --Fulton County; board of commissioners; compensation.........................275, 299 HB 372 --School bus drivers; drug and alcohol testing............................................275, 299 HB 373 --Alimony; adultery or desertion of party;
disqualification ......................................................................275, 299, 413, 1698 HB 374 --Controlled substances and dangerous drugs;
amend list ......................................................................276, 299, 553, 709, 1770 HB 375 --Landlord and tenant; dispossessory
proceedings; property storage ................................................................276, 299 HB 376 --Elections; withdrawal of nominated
candidate ................................................................................276, 299, 879, 1159 HB 377 --Mclntosh County; superior court; change
terms...............................................................................276, 299, 413, 575, 2351 HB 378 --Toombs County; board of education; nonpartisan
elections............................................................................276, 299, 391, 392, 616 HB 379 --Charitable Solicitations Act; exemption...................................................276, 299,
727, 855, 1872 HB 380 --Prisons; institutional stores; use of profits ...............................................276, 299 HB 381 --Speech-language pathologists and audiologists;
licensing exemption .................................................................................277, 299
HB 382 --Driving under the influence; prohibit possession
of alcoholic beverage by convicted person...........................................277, 299
HB 383 --Insurance; fraternal benefit societies; revise
provisions .......................................................................277, 299, 523, 687, 2351
HB 384 --Income tax; partnerships, Subchapter "S" corporations,

INDEX

2881

and limited liability companies; withholding on distributions to nonresident members ........................................277, 299, 727,
1055, 2034, 2299 HB 385 --Income tax; withholding on sale or transfer of real
property by nonresidents......................277, 299, 727, 1059, 1499, 2033, 2302 HB 386 --Safety fire commissioner; permit fees; compressed
natural gas for vehicular fuel......................................277, 299, 553, 766, 1826 HB 387 --Public assistance; recipients; register to
vote requirement......................................................................................278, 299 HB 388 --Chamblee, City of; mayor and council; amend
provisions.........................................................................278, 299, 335, 336, 525 HB 389 --Labor pools; amend regulations.............................................278, 299, 1334, 1525 HB 390 --Tax appeals; payment of portion of assessments ....................................278, 299 HB 391 --Motor common carriers and motor contract
carriers; definitions.......................................................278, 299, 366, 807, 1321 HB 392 --Lobbyists; ethics training courses ..............................................................278, 299 HB 393 --Marietta, City of; board of education;
membership .....................................................................279, 299, 360, 362, 751 HB 394 --Marietta, City of; board of education; fiscal
provisions ..................................................................................................279, 299 HB 395 --Uniform Commercial Code - Leases; enact .............................................279, 299,
1015, 1560, 2146 HB 396 --Elections; delivery of returns ......................................................................279, 299
HB 397 --Law enforcement officers; procedure for processing complaints...........................................................279, 299, 346, 1694
HB 398 --Intangible tax; computer software .............................................................279, 299 HB 399 --Blackshear, City of; new charter .......................................280, 299, 360, 362, 525 HB 400 --Psychologists; practice without license;
certain facilities.............................................................280, 299, 345, 431, 1251 HB 401 --Stalking and aggravated stalking; define offenses...................................280, 299
HB 402 --Courts; deposit of funds held; interest-bearing accounts...........................................280, 299, 946, 1148, 1771
HB 403 --Sheriffs; deposit of funds held; interest-bearing accounts.........................................280, 299, 1015, 1151, 1873
HB 404 --Motor vehicles; dealer transfers; uniform procedures .................................................................................................280, 299
HB 405 --Education; substitute teachers; bachelor's degree...................................280, 299 HB 406 --Acworth, City of; corporate limits.....................................281, 299, 360, 363, 567 HB 407 --Landlord and tenant; dispossessory
proceedings; time periods .......................................................................281, 300 HB 408 --Podiatry; application for examination........,.............................281, 300, 345, 509 HB 409 --Dental hygienist; temporary licenses..............................281, 300, 345, 510, 2146 HB 410 --Hearing aid dispenser; application for
examination ...................................................................281, 300, 345, 510, 2146 HB 411 --Moreland, Town of; mayor and aldermen;
terms.................................................................................281, 300, 360, 363, 751 HB 412 --Decatur, City of; commissioner and board of
education; districts .........................................................281, 300, 360, 363, 526 HB 413 --Bibb County; state court; additional assistant
solicitor.............................................................................298, 335, 360, 363, 567 HB 414 --Irwin County; board of education;
reconstitute ......................................................................298, 335, 391, 392, 616
HB 415 --Homicide; assisted suicide; prohibit........................................299, 335, 807, 1018
HB 416 --Motor vehicle insurance; enforcement services
by private entities....................................................................................328, 359
HB 417 --Garnishment; exempt certain student loans......................................328,359, 529
HB 418 --Motor vehicle warranty rights; arbitrators;

2882

INDEX

qualifications............................................................................................328, 359 HB 419 --Employees' Retirement; certain leave without
pay; service credit ....................................................................................328, 359 HB 420 --Unlawful enticement of game; prohibit hunting
on baited field ..........................................................................................329, 359 HB 421 --Horticultural Growing Media Act; enact.........................................329, 359, 441,
619, 2032, 2298 HB 422 --Gwinnett County; recorder's court; clerk's
compensation .................................................................329, 359, 563, 563, 1769 HB 423 --Sex education and AIDS prevention instruction;
certain requirements ...............................................................................329, 359 HB 424 --LaGrange, City of; mayor and council; powers ........................................329, 359 HB 425 --Gwinnett County; magistrate court; law library
fees ..................................................................................329, 359, 563, 564, 2711 HB 426 --Teachers Retirement; certain private school
service credit.............................................................................................329, 359 HB 427 --Fiscal affairs subcommittees; periodic review
of programs; annual report.....................................................................330, 359 HB 428 --National Guard; rights and privileges; members
in another state .............................................................330, 359, 635, 771, 1826 HB 429 --Local school funds; postsecondary scholarships
and loans ..................................................................................330, 359, 726, 849 HB 430 --Sales tax; exempt certain personal property
and certain motor vehicles .....................................................................330, 359 HB 431 --Teachers and school personnel; contract
eligibility ...................................................................................................330, 359 HB 432 --Ethics in government; lobbyist disclosure
reports; requirement................................................................................330, 359 HB 433 --Waste management; municipal solid waste
reduction; exemption...............................................................................331, 359 HB 434 --Ad valorem tax; enterprise zones; class;
General Assembly provide by local law................................................331, 359 HB 435 --Procurement Integrity Act; enact ..............................................................331, 359 HB 436 --Workers' compensation insurance; certain
notification; certified mail............................................................331, 359, 1101 HB 437 --Voter registration; identification or
documentation..........................................................................................331, 359 HB 438 --Income tax credit; child care or dependent
care expenses ............................................................................................331, 359 HB 439 --Fulton County; board of commissioners;
membership ..............................................................................................332, 359 HB 440 --Fulton County; board of commissioners;
districts......................................................................................................332, 359 HB 441 --Local Tax Amnesty Program Act; enact...................................................332, 359 HB 442 --Hart County; water and sewer utility
authority; members.........................................................332, 359, 391, 392, 567 HB 443 --Hart County; board of commissioners;
create ................................................................................332, 359, 391, 393, 567 HB 444 --Hart County; board of education;
reconstitute......................................................................332, 359, 391, 393, 567 HB 445 --Marriage licenses; HIV testing; cpnfidentiality........................................332, 359 HB 446 --Jury commissioners and clerk; compensation.................................333, 359, 773,
978, 1002, 1162
HB 447 --Abandoned motor vehicles; removal or storage;
required notice; derelict motor vehicles......................................333, 359, 608,
652, 1876, 2326
HB 448 --Ethics in government; General Assembly

INDEX

2883

members; fees or honoraiia....................................................................333, 359 HB 449 --DeKalb Ad Valorem Tax Survey Commission; amend
provisions .........................................................................348, 390, 420, 420, 751 HB 450 --DeKalb County; special services tax districts;
millage rate ......................................................................348, 390, 420, 421, 751 HB 451 --Sales tax collection fee; certain casual sales.............................................349, 390 HB 452 --Probationers; certain sentence; county jail
confmement....................................................................................349, 390, 1274 HB 453 --Clarke County; certain staff in district
attorney's office; repeal provisions...............................349, 390, 420, 420, 637 HB 454 --Tractors, farm equipment, heavy equipment, and
motor vehicles; regulation of distribution...........................................349, 390, 441, 511, 1251
HB 455 --Child support; certain unemployed parents; job training..............................................................................................349, 390, 450
HB 456 --Greene County; board of commissioners; districts.............................................................................349, 390, 450, 450, 637
HB 457 --Stephens County; board of registrations and elections; provisions........................................................350, 390, 420, 420, 617
HB 458 --Burke County; coroner; compensation .............................350, 390, 420, 420, 957 HB 459 --Greene County; board of education;
districts.............................................................................350, 391, 450, 451, 637 HB 460 --Schools; standard building plans; State Board
of Education compile ..............................................................................350, 391 HB 461 --Conasauga Judicial Circuit; add judge ......................................................350, 391 HB 462 --Athlete agents; definitions; registration
provisions .......................................................................350, 391, 773, 876, 1826 HB 463 --State public documents; responsibility of director
of University of Georgia Libraries .............................351, 391, 524, 714, 1288 HB 464 --Homicide; assisted suicide; prohibit..........................................................351, 391 HB 465 --Sumter County; board of commissioners;
districts.............................................................................351, 391, 450, 451, 819 HB 466 --Americus, City of; council districts...........................................................351, 391,
450, 451, 637 HB 467 --Bad check issuance; postdated check; applicability ................................351, 391 HB 468 --Americus, City of; board of education;
reconstitute......................................................................351, 391, 450, 451, 637 HB 469 --Ethics in government; Code of Fair Campaign
Practices; provisions................................................................................351, 391 HB 470 --Sumter County; state court; change date of
term.................................................................................352, 391, 806, 942, 1108 HB 471 --Insurance; motor vehicle accident claim; liability ...................................352, 391 HB 472 --Sales tax and second motor fuel tax; dealer
reimbursement; hotel and motel tax; certain local facilities ..........................................................352, 391, 1044, 1638, 1978,
2065, 2184, 2244, 2337, 2563, 2720 HB 473 --Liberty County; tax commissioner;
compensation ...........................................................................352, 391, 420, 421 HB 474 --Liberty County; board of education;
compensation.................................................................352, 391, 563, 564, 1047 HB 475 --Driving under the influence; nolo contendere plea;
proof of completing DUI Alcohol or Drug Use Risk
Reduction Program..................................................................................352, 391
HB 476 --Driver Training School License Act; instructor
licenses............................................................................352, 391, 608, 981, 1873
HB 477 --DUI Alcohol or Drug Use Risk Reduction
Programs; regulate...................................................................................353, 391

2884

INDEX

HB 478 --Ad valorem tax; recreational personal property; taxable situs ..................................................................353, 391, 1335
HB 479 --License plates; time period for issuance; transfers; decals........................................................................................353, 391
HB 480 --Driving under the influence; driver's license reinstatement; completion of DUI Alcohol or Drug Use Risk Reduction Program ......................................................353, 391
HB 481 --Cobb County; homestead exemption; certain residents....................................................................................353, 391, 420, 421
HB 482 --Worker's compensation insurance; cancellation procedures ............................................................................353, 391, 1101, 1689
HB 483 --Child custody; death of custodial parent; child 14 years or older ............................................................................354, 391
HB 484 --Life insurance; corporations or trusts; insurable interest in employees ............................................354, 391, 562, 691
HB 485 --Criminal procedure; sentence of life without parole..........................................................................335, 359, 1101, 1264, 1976
HB 486 --Criminal procedure; death sentence or life imprisonment; victim impact statement ...................335, 359, 823, 981, 2351
HB 487 --Marietta, City of; board of education; tax levies .................................................................................354, 391, 420, 421, 567
HB 488 --School enrollment; social security number; repeal certain requirement.............................................................354, 391, 726
HB 489 --Court reporting; amend provisions .............................354, 391, 1274, 1648, 2351 HB 490 --Firearms possession; prohibitions; exempt
certain court personnel............................354, 391, 773, 980, 2202, 2492, 2713 HB 491 --Respiratory care professional; amend
provisions ...................................................................355, 391, 1015, 1153, 2146 HB 492 --Blind Persons' Literacy Rights and Education
Act; enact...............................................................................355, 391, 976, 1065 HB 493 --Tax assessor serving as property appraiser;
prohibit in certain counties.........................................355, 391, 515, 711, 1252 HB 494 --Elections; notice of certain federal
candidacy; ballot......................................................................................355, 391 HB 495 --Peace Officers' Annuity and Benefit; age
requirements.............................................................................................355, 391 HB 496 --Peace Officers' Annuity and Benefit; repeal
certain requirement; disability ...................................355, 391, 442, 503, 1873 HB 497 --Peace Officers' Annuity and Benefit;
postretirement benefit increases ................................356, 391, 664, 688, 2351 HB 498 --Peace Officers' Annuity and Benefit; certain
creditable service .....................................................................................356, 391 HB 499 --Sheriffs' Retirement; increase contributions
and benefits..............................................................................................356, 391 HB 500 --Sheriffs' Retirement; former members; membership ..............................356, 391 HB 501 --Superior Court Judges Retirement; spousal
benefits......................................................................................................356, 391 HB 502 --Sheriffs' Retirement; postretirement benefit
increases .........................................................................356, 391, 664, 689, 1490 HB 503 --Sandy Springs, City of; incorporate...........................................................381, 419 HB 504 --Atlanta, City of; council districts...............................................................381, 419 HB 505 --State building codes; extensively revise
provisions.................................................................382, 419, 553, 786, 824, 971
HB 506 --Cosmetologists; continuing education;
certification.....................................................................................382, 419, 1334
HB 507 --Superior courts; selection of bailiffs;
provisions........................................................................................382, 419, 1101

INDEX

2885

HB 508 --Driving under the influence; solicitation for clinic or program; prohibitions...................................382, 419, 608, 767, 1826
HB 509 --Social Circle, City of; board of education; districts.............................................................................382, 419, 450, 452, 887
HB 510 --Evidence; privileged medical information; pharmacists ..............................................................................382, 419, 608, 761
HB 511 --Grandparent visitation rights; stepparent adoption .........................................................................383, 419, 608, 651, 1873
HB 512 --Sales tax exemption; school fund-raisers..................................................383, 419 HB 513 --Ad valorem tax; payment by credit card ..................................................383, 419 HB 514 --Motor vehicles; staggered registration; amend
provisions ..................................................................................................383, 419
HB 515 --Principal and agent; revise provisions to create agency.................................................................383, 419, 806, 943, 2351
HB 516 --Irrigation contractors; licensing .................................................383, 419, 553, 714 HB 517 --Jekyll Island--State Park Authority; membership.................................384, 419 HB 518 --Jekyll Island--State Park Authority; limit fee
increases ....................................................................................................384, 419 HB 519 --Jekyll Island--State Park Authority; restrict
certain activities.......................................................................................384, 419 HB 520 --Antique vehicles; ad valorem tax; special
license plates..................................................................384, 419, 608, 713, 1288 HB 521 --State government; involuntary separation
benefits; actuarial costs ..................................................................384, 419, 458 HB 522 --Open records; exempt certain research
information..........................................................385, 419, 524, 596, 1615, 1737 HB 523 --Commercial Real Estate Broker Lien Act;
enact .....................................................................385, 419, 823, 966, 2033, 2307 HB 524 --Advertising of legal services; certain disclosure.......................................385, 419 HB 525 --Psychology; redefine practice......................................................................385, 419 HB 526 --Sales tax; exempt food for human consumption .....................................385, 419 HB 527 --Workers' compensation self-insurance funds;
solicitation of membership ................................................385, 419, 1101, 1660 HB 528 --Waste disposal; marine toilets on Lake Blue
Ridge; prohibitions .......................................................386, 419, 806, 964, 1826 HB 529 --Child Advocacy Act; enact ..........................................................................357, 391 HB 530 --Child abuse evidence; report to district attorney....................................358, 391 HB 531 --Juvenile proceedings; amend provisions ...................................................358, 391 HB 532 --Education; parenting skills instruction; grades 8-12...............................358, 391 HB 533 --Contributing to delinquency of minor; violent
crimes; penalties.......................................................................................358, 391 HB 534 --Family violence; arrest of perpetrator;
victim's wishes..........................................................................................358, 391 HB 535 --Open records; trade secret; exemption ......................................................358, 391 HB 536 --Income tax; corporations; dividends from
outside the United States; job tax credit............................................386, 419, 1044, 1330, 1978, 2072
HB 537 --Physicians' assistants; duties and functions.............................................386, 419 HB 538 --Trademark or service mark; school boards..............................................359, 391,
514, 655, 1873 HB 539 --Teachers Retirement; 60 years or under; remove penalty .....................386, 419 HB 540 --Insurance counselors; fees ......................................386, 419, 562, 785, 1492, 1743
HB 541 --Health planning; hospitals; previous bed capacity..................................386, 419
HB 542 --Theft; misappropriation of a trade secret;
define offense ...........................................................................................359, 391
HB 543 --Local government; public contractors; bonds; notice
of commencement requirements ......................386, 419, 806, 878, 1828, 1860

2886

INDEX

HB 544 --Mechanics' and materialmen's liens; notice of lien rights .......................................................................387, 419, 806, 878, 1771
HB 545 --Construction contractors; payment bonds or security deposits............................................................387, 419, 806, 879, 1874
HB 546 --Highways; commercial driveway permit; fees..........................387, 419, 807, 873 HB 547 --Ad valorem tax; heavy-duty construction
equipment; nonresidents............................................387, 419, 947, 1027, 1826 HB 548 --Ware County; state court; judge's
compensation.........................................................387, 419, 450, 452, 999, 1014 HB 549 --Sales tax; exempt certain sales by certain schools ..................................387, 419 HB 550 --Alma, City of; mayor and council; election
districts.............................................................................388, 419, 523, 524, 780 HB 551 --Alcoholic beverages; tax payments; refund or credit;
delivery of wine by wholesalers........................388, 419, 608, 802, 1875, 2070 HB 552 --Distilled spirits; unpaid taxes; prohibit
sales or possession ........................................................388, 419, 608, 766, 1873 HB 553 --Monuments Protection Act; enact .....................................................388, 419, 885 HB 554 --Governmental entities; millage rate;
advertisement; hearing .......................................................415, 449, 1275, 1458 HB 555 --Criminal Justice Coordinating Council; add
member .............................................................................................415, 449, 554 HB 556 --Covenants running with the land; continuation
requirement ...................................................................415, 449, 563, 710, 2146 HB 557 --Cobb-Marietta Coliseum and Exhibit Hall Authority;
convention ..........................................................415, 449, 952, 953, 1492, 1554, 1617, 1686, 1712, 1913, 2150
HB 558 --Lakes; water quality standards; adopt ......................................................415, 449 HB 559 --Probate courts; misdemeanor jurisdiction;
guilty plea .................................................................................................416, 449 HB 560 --Solid waste disposal site; approval of electors .........................................416, 449 HB 561 --Mobile homes; transporting to another county; decal ............................416, 449 HB 562 --Sales tax; exempt certain sales by certain
schools........................................................................................................389, 419 HB 563 --Tax executions; transferees.................................................................416, 449, 609 HB 564 --License plates; revocation ...................................................................416, 449, 946 HB 565 --Tax sales; political subdivisions purchasing
property; amount.............................................................................416, 449, 609 HB 566 --Erosion and Sedimentation Act; land-disturbing
activities....................................................................................417, 449, 806, 895 HB 567 --Ad valorem tax; unpaid taxes; final settlement
period ................................................................................................417, 449,609 HB 568 --Insurance; certain appeals of adverse
decisions; temporary coverage ....................................389, 419, 553, 715, 1490 HB 569 --Indigent Care Trust Fund; amend
provisions .......................................................................389, 419, 553, 711, 1976 HB 570 --Warner Robins, City of; council; districts................................................389, 419,
450, 452, 623 HB 571 --Day-care centers; vans or buses; lighting
requirements.............................................................................................417, 449 HB 572 --Condominiums; amend provisions ...................................................417, 449, 1274 HB 573 --Grandparent visitation rights; ex-affines
grandparents.............................................................................................389, 419
HB 574 --Property Owners' Association Act; enact .............................417, 449, 1345, 1670
HB 575 --Child custody; amend provisions................................................................390, 419
HB 576 --Nonresident jurisdiction; child support or
alimony modification...............................................................................390, 419
HB 577 --Child support award; computation ............................................................390, 419

INDEX

2887

HB 578 --Excise tax; certain food service establishments.............................390, 419, 1335 HB 579 --Child support; certain unemployment; job training................................390, 419 HB 580 --Driver's license; highlighted birthdate; renewal by mail........................417, 449 HB 581 --Ogeechee Judicial Circuit; add judge..............................................418, 449, 1475
HB 582 --Local school boards; certain meditation procedures; adopt policy.........................................................................418, 449
HB 583 --Coweta County; board of education; districts.............................................................................418, 449, 523, 524, 751
HB 584 --Bad checks; time period for honoring; notice ..............................................................................418, 449, 663, 855, 1771
HB 585 --Special license plates; disabled veterans..................................................443, 522, 640, 879, 960, 1827
HB 586 --Wilkes County; board of education; expiration date ...................................................................................443, 522, 563, 564, 752
HB 587 --Income tax credit; recycling manufacturing facility .............................................................................................444, 522, 1044
HB 588 --Warren County; probate court judge; clerical compensation...................................................................444, 522, 563, 564, 752
HB 589 --Statewide telecommunications network; certain retirees .......................444, 522 HB 590 --Workers' compensation; self-insurance fund;
gross annual premiums ...........................................................................444, 522 HB 591 --Workers' compensation; rejected policies; rates.......................................444, 522
HB 592 --Sales tax; exempt electricity for chlor-alkali manufacturing ..........................................................................................444, 522
HB 593 --Ambulances; license fees; Indigent Care Trust Fund................................................................................445, 522, 772, 976, 2146
HB 594 --Game and fish; saltwater recreational fishing; licensing.....................................................................................................445, 522
HB 595 --Wilkinson County; commissioner districts ......................445, 522, 615, 616, 780 HB 596 --Income tax; retirement income; exemption ..............................................445, 522
HB 597 --Game and fish; hunter education; certification requirement; nonresident licensing ............................445, 522, 523, 757, 1289
HB 598 --Elections; code of ethics for candidates....................................................445, 522
HB 599 --Action for trespass or damage to realty; hazardous material ..................................................................................446, 522
HB 600 --Open meetings; notice; certain legal organs ...................................................................446, 522, 674, 844, 1289, 1740
HB 601 --Medical assistance; voucher program for private health care ...................................................................................446, 522
HB 602 --Abortion; Female's Right to Know Act; enact.........................................446, 522
HB 603 --Dougherty County; board of commissioners; districts ........................................................446, 522, 726, 731, 806, 1290, 1612
HB 604 --Dougherty County; board of education; districts...........................................................................446, 522, 726, 741, 1612
HB 605 --Municipalities; minimum distance between boundaries; exception..............................................................................446, 522
HB 606 --Elections; nomination and qualifying petitions; amend provisions...................................................447, 522, 607, 897
HB 607 --Public works contracts; certain counties; nondiscrimination....................................................................447, 522, 990, 991
HB 608 --Elections; municipalities; use county registration system...................................................................................447, 522
HB 609 --Candidate; withdrawal at general election; provisions ..................................................................................................447, 522
HB 610 --Contract awards; certain counties;
nondiscrimination....................................................................447, 522, 886, 887
HB 611 --Voter registration; driver's license examiners ..........................................447, 522

2888

INDEX

HB 612 --Fayette County; board of education; compensation...................................................................448, 523, 563, 564, 752
HB 613 --Sales and use tax; increase one percent; education funding .....................................................................................448, 523
HB 614 --Miller County; designated motor vehicle registration periods; repeal............................................448, 523, 563, 565, 780
HB 615 --Public assistance; electronic transfer of benefits.....................................448, 523 HB 616 --Ad valorem tax; refunds; sales price less than
assessed value ...........................................................................................516, 561 HB 617 --Quality basic education; driver's education;
program weights; art, music, physical education ................................517, 561 HB 618 --Special license plates; additional fees;
delete requirement...................................................................................517, 561 HB 619 --Chickamauga, City of; board of education;
election .............................................................................517, 561, 635, 635, 780 HB 620 --South Georgia Judicial Circuit; add judge................................................517, 561 HB 621 --Cobb County; board of commissioners;
vacancy .......................................................................517, 561, 1281, 1282, 2711 HB 622 --Driving under the influence; persons under age 21;
alcohol concentration level .....................................................................517, 561 HB 623 --Motor vehicle emission inspections; extend to
all counties................................................................................................518, 561 HB 624 --Waste management; yard trimmings; disposal.........................................518, 562 HB 625 --Fulton County; certain bonds; repeal local
constitutional amendment......................................................................518, 562 HB 626 --Kennesaw, City of; corporate limits .................................518, 562, 635, 636, 820 HB 627 --Teachers Retirement; certain creditable
service; no age requirement....................................................................518, 562 HB 628 --Superior court administrators; compensation ..........................................518, 562 HB 629 --Residential telephones; 976 or 900 number; by request .........................519, 562 HB 630 --Motor fuel tax; importation and storage; amend
provisions ...................................................................519, 562, 1044, 1462, 1976 HB 631 --Polygraph examiners; public employees; repeal
exemption ...............................................................................519, 562, 880, 1471 HB 632 --Employees' Retirement; Georgia Music Hall of
Fame Authority employees.....................................................................519, 562 HB 633 --Superior Court Judges Retirement; increase
benefits......................................................................................................519, 562 HB 634 --Columbus, City of; county-wide government; new
charter ..............................................................448, 523, 1758, 1760, 2438, 2483 HB 635 --Wildlife management areas; handicapped persons
operate all-terrain vehicles .....................................................................519, 562 HB 636 --Clayton County Commission on Children and
Youth; amend..................................................................520, 562, 615, 616, 780 HB 637 --State flag; required display; public buildings...........................................449, 523 HB 638 --Tobacco products; possession by minor under age 18..................520, 562, 1347 HB 639 --Workers' compensation; self-insurance funds;
similar classification ................................................................................520, 562 HB 640 --Motor vehicles; certain casual sales; sales
tax exemption...........................................................................................520, 562 HB 641 --Nonperpetual care cemeteries; exempt from
registration ...........................................................................520, 562, 1281, 1696
HB 642 --Child support; net income...........................................................................520, 562
HB 643 --Hall County; board of commissioners;
districts.............................................................................521, 562, 726, 728, 865
HB 644 --Public officers; financial disclosure statements .......................................521, 562
HB 645 --Driver's license; under age 18; school requirement .................................521, 562

INDEX

2889

HB 646 --General appropriations; conference committee report; requirements................................................................................521, 562
HB 647 --Driving under the influence; person under age 21; license suspension.............................................................................^!, 562
HB 648 --Motor vehicle insurance; discounts; certain drivera...........................................................................521, 562, 974, 1464, 2351
HB 649 --Personal care home; licensing; long-term care ombudsman...............................................................................................522, 562
HB 650 --Personal care home; employee records checks; definition of crime ...................................................................................522, 562
HB 651 --North Georgia Mountains Authority; members; authorizations......................................................555, 615, 757, 872, 1114, 1977
HB 652 --Dangerous practices; machine gun or firearm with silencer; penalties............................................................................556, 615
HB 653 --State Construction Industry Licensing Board; composition....................................................................556, 615, 772, 828, 1827
HB 654 --Trade practices; personal property leases; laws of state..............................................................................................556, 615
HB 655 --Western Judicial Circuit; add judge ..........................................................556, 615 HB 656 --Senior court reporter; create office ............................................................556, 615
HB 657 --Chatham County; state court judges; compensation.................................................................556, 615, 990, 991, 1248
HB 658 --Reinsurers Guaranty Pool Act; enact..............................................557, 615, 1274 HB 659 --Willful obstruction of emergency medical
technician; prohibitions; penalties......................................557, 615, 989, 1354 HB 660 --Highways; length of vehicle loads; unprocessed
forest products ....................................................557, 615, 807, 893, 2031, 2286 HB 661 --Transient merchants; business license; fee set
by county .......................................................................557, 615, 664, 785, 2352 HB 662 --Employees' Retirement; certain troopers; 25
years service..............................................................................................557, 615 HB 663 --General Assembly; full-time officials; salary
supplement................................................................................................558, 615 HB 664 --Ad valorem tax; exempt blueberry plants............................558, 615, 1335, 1678 HB 665 --Employment; termination contrary to public
policy; prohibit .........................................................................................558, 615 HB 666 --Sexual offenses; amend provisions.............................................................558, 615 HB 667 --State employees; mass transit employee
benefit; provisions....................................................................................558, 615 HB 668 --State government; employment in more than one
branch; exception to prohibition ...........................................................558, 615 HB 669 --Federal Intermodal Surface Transportation Efficiency
Act of 1991; Department of Transportation implement...................559, 615, 1101, 1263, 2352
HB 670 --Employees' Retirement; county probation and intake employees; transfer credit..........................................................559, 615
HB 671 --Employees' Retirement; county probation and intake employees; transfer credit..........................................................559, 615
HB 672 --Reapportionment; House of Representatives; districts 110 and 123 ...............................................................................559, 615
HB 673 --Atkinson County; board of education; reconstitute ......................................................................559, 615, 670, 670, 866
HB 674 --Hospital authorities; real property; taxation and zoning .......................559, 615
HB 675 --State contracts; minority business participation .....................................560, 615
HB 676 --Telephones; certain long-distance charges; eliminate .............................560, 615
HB 677 --Workers' compensation; administrative law judges
serve on state board; experience modification

2890

INDEX

worksheet; self-insurance fund...................................................560, 615, 1101, 1263, 2203, 2638, 2713
HB 678 --Unemployment compensation; workers' compensation; independent contract carriers.......................560, 615, 1334, 1694, 2032, 2311
HB 679 --Domestic relations; define actions ...................................................560, 615, 1043 HB 680 --Family violence; protective orders;
enforcement ...............................................................560, 615, 1043, 1473, 2352 HB 681 --Excise tax; tobacco products other than cigars
and cigarettes ...........................................................................................561, 615 HB 682 --Cobb Year 2000 Commission; member selection..........................611, 634, 1347,
1348, 2483, 2508, 2713 HB 683 --Tax assessments; appeals to superior court;
utilize county appraisal staff..................................................................611, 634 HB 684 --Tax assessments; taxpayer and board of
equalization disputes; arbitration..........................................................611, 634 HB 685 --Employees' Retirement; Agrirama Development
Authority service......................................................................................611, 634 HB 686 --Human body parts; removal from scene of death ................612, 634, 989, 1422 HB 687 --Monroe County; board of education;
reconstitute ......................................................................612, 634, 726, 730, 866 HB 688 --Decatur County; state court solicitor;
compensation...................................................................612, 634, 670, 671, 957 HB 689 --Hospital authorities; merger; provisions; open
records and meetings...............................................612, 634, 1015, 1163, 1772, 2068, 2201, 2243, 2336, 2677, 2720
HB 690 --Crime victims; compensation; maximum award....................612, 634, 989, 1683 HB 691 --Jasper County; board of education;
reconstitute ......................................................................612, 634, 727, 730, 888 HB 692 --Motor vehicle dealers; reassignments;
certificate of title.............................................................................612, 635, 946 HB 693 --Sales tax; exempt certain fruits, nuts,
vegetables, Vidalia onions, or truck crops ...........................................613, 635 HB 694 --Home improvement loans; security instrument;
provisions ..................................................................................................613, 635 HB 695 --Houseboats; prohibit on certain lakes..........................613, 635, 885, 1051, 1873 HB 696 --Forsyth, City of; mayor and council;
recorder's court ................................613, 635, 670, 671, 757, 1970, 1971, 2345 HB 697 --Monroe County; commissioner districts;
reapportion ......................................................................613, 635, 727, 730, 866 HB 698 --Special license plates; additional fees;
delete requirement...................................................................................613, 635 HB 699 --Wine; deliveries in vehicles owned by dealer's employees.....................561, 615 HB 700 --Geo. L. Smith II Georgia World Congress Center;
activities on sidewalks; amend provisions............................................613, 635 HB 701 --LaGrange, City of; mayor and council; cable
television ..........................................................................614, 635, 670, 671, 997 HB 702 --Reapportionment; House of Representatives;
districts 113 and 114 ...............................................................................561, 615 HB 703 --Labor unions; nonmembers; representation charge.................................614, 635 HB 704 --Drivers' licenses; replacement due to name or
address change; fee ...................................................614, 635, 1274, 1663, 2146 HB 705 --Employees' Retirement; change language .................................................630, 670
HB 706 --Teachers Retirement; change language .....................................................630, 670
HB 707 --Public School Employees Retirement; change name ..............................630, 670
HB 708 --Employees' Retirement; 33 years of service .............................................630, 670
HB 709 --Employees' Retirement; 32 years of service .............................................631, 670
HB 710 --Probate court judges; increase minimum

INDEX

2891

salary...........................................................................631, 670, 1475, 1667, 2031 HB 711 --Emergency wreckers; provisions .................................................................631, 670 HB 712 --Controlled substances; forfeitures;
claims............................................................................631, 670, 989, 1472, 2352 HB 713 --Webster County; board of education;
reconstitute ....................................................................631, 670, 813, 814, 1824 HB 714 --Landscape architects; amend provisions..........................................631, 670, 772,
841, 869, 1062, 1873 HB 715 --Local government; certain property in
adjoining county; prohibit purchase................,..........................632, 670, 1347 HB 716 --Abortion; Civil Rights Protection Act; enact ...........................................632, 670 HB 717 --Trion, Town of; board of education;
reconstitute ....................................................................632, 670, 813, 814, 1108 HB 718 --Education; enrollment counts; driver education
course .....................................................632, 670, 1273, 1693, 1988, 2119, 2718 HB 719 --Emergency "911" system; joint authorities;
military bases ....................................................632, 670, 989, 1120, 2181, 2313 HB 720 --Merit system; certain Natural Resources
Department employees; benefits..............................632, 670, 726, 1292, 1977 HB 721 --Agriculture; commercial feed program; fees.....................................614, 635, 663 HB 722 --Weights and measures; scales and mechanics;
registration fees ...............................................................................615, 635, 663 HB 723 --Dispossessory proceedings; reports to
Department of Family and Children Services.....................................633, 670 HB 724 --Lottery; lien against winnings by state agencies...........................633, 670, 1475 HB 725 --American Indians; protection of burial
objects; recognize tribes..........................................................................633, 670 HB 726 --Motor vehicle registration records; inspection
by private detectives ...............................................................................633, 670 HB 727 --Special purpose sales tax; aviation projects .............................................633, 670 HB 728 --Counties and municipalities; participation in
federal programs; expenditures............................................665, 725, 880, 974, 1002, 1328, 1979, 2070
HB 729 --Employees' Retirement; certain judicial secretaries; prior service cost.................................................................665, 725
HB 730 --Emanuel County; motor vehicles; designated registration periods.........................................................634, 670, 727, 730, 888
HB 731 --Emanuel County; development authority; terms.................................................................................634, 670, 727, 731, 888
HB 732 --Firearm sales; dealer provisions; records checks......................................634, 670 HB 733 --Sales tax exemption; certain industrial
materials; granite.....................................................................................666, 725 HB 734 --Workers' compensation; self-insurance funds;
premium taxes..........................................................................................666, 725 HB 735 --Athens-Clarke County; board of elections and
registration; create..............................................666, 725, 779, 779, 1492, 1745 HB 736 --Boards of equalization; taxpayer appeals;
written decisions......................................................................................666, 725 HB 737 --Public school contracts; local boards; certain
banks.............................................................................634, 670, 945, 1027, 1874 HB 738 --Elections; early voting; provisions..............................................................666, 725 HB 739 --Municipal elections; "None of the Above"
selection on ballot; runoffs.....................................................................666, 725
HB 740 --State or local bonded indebtedness; private
legal counsel; selection by competitive bidding ..................................667, 725
HB 741 --Accident and sickness insurance; certain
anti-cancer drug therapy; coverage ..........................667, 725, 945, 1017, 1977

2892

INDEX

HB 742 --Local income tax; referendum to impose; revise provisions ..................................................................................................667, 725
HB 743 --Chatham County; recorder's court; chief judge ...............................................................................667, 725, 990, 991, 1286
HB 744 --LaGrange, City of; council districts ..........................................................667, 725, 813, 814, 997
HB 745 --Wayne County; homestead exemption; certain residents ...........................................................................667, 725, 813, 817, 997
HB 746 --Wayne County; state court judge and solicitor; compensation...................................................................668, 725, 779, 780, 958
HB 747 --Peachtree City, City of; corporate limits ..................................................668, 725 HB 748 --Special license plates; additional fees;
delete requirement...................................................................................668, 725 HB 749 --Sales and use tax; definitions; farm equipment
repair..........................................................................................................668, 725 HB 750 --Employees' Retirement; benefits; retirement at
age 55 for certain employees....................................668, 725, 880, 1059, 1772, 2117, 2184, 2242, 2510, 2636, 2721
HB 751 --Conservation easements; creation or expansion; eminent domain ........................................................668, 725, 1101, 1294, 2147
HB 752 --Torts; collateral sources...............................................................................669, 725 HB 753 --Regional development centers; amend
provisions...........................................................717, 778, 897, 1033, 2185, 2312 HB 754 --Credit life or credit accident and sickness
insurance; certain regulations ......................................................717, 778, 1274 HB 755 --Municipalities; disposition of property ....................................................718, 778,
946, 1120, 2203, 2555 HB 756 --Houston County; board of commissioners;
meeting place...................................................................718, 778, 813, 814, 997 HB 757 --Twiggs County; board of commissioners;
districts...........................................................................718, 778, 864, 864, 1047 HB 758 --Twiggs County; board of education;
districts...........................................................................718, 778, 864, 864, 1047 HB 759 --Commercial drivers' licenses; agricultural
industry..............................................................718, 778, 946, 1263, 1828, 1859 HB 760 --Ethics; lobbyist disclosure; definitions ......................................................718, 778 HB 761 --Accident and sickness insurance; mental
disorders; repealers ..................................................................................718, 778 HB 762 --Thomaston-Upson County Office Building
Authority; powers ....................................................................................719, 778 HB 763 --Superior Court Clerks' Retirement; benefits;
increase......................................................................................................719, 778 HB 764 --Sheriffs; vacancies in office; selection of
bailiffs ......................................................719, 778, 989, 1333, 1355, 1978, 2070 HB 765 --Firearm possession; marijuana offense; penalty.......................................719, 778 HB 766 --Ethics; financial disclosure; amend provisions.........................................719, 778 HB 767 --Lottery tickets; certain sale or advertising;
prohibit......................................................................................................719, 778 HB 768 --District Attorneys' Retirement; postretirement
benefit increases..........................................................720, 778, 978, 1299, 2352 HB 769 --Motor Fuel Unfair Practices Act; enact....................................................720, 778 HB 770 --Motor vehicle accident insurance; certain
optional coverage .....................................................................................670, 725
HB 771 --Workers' compensation; less than 7 employees;
applicability ..............................................................................................720, 778
HB 772 --State employees' health insurance; contract
with county; part-time employees.........................................................720, 778

INDEX

2893

HB 773 --Lobbyist disclosure; certain public officers; change definition......................................................................................720, 778
HB 774 --Colquitt County; board of commissioners; dUtricts...........................................................................720, 778, 864, 865, 1047
HB 775 --LaGrange, City of; nonpartisan elections.................................................721, 778, 813, 814, 997
HB 776 --Colquitt County; board of education; districts...........................................................................721, 778, 864, 865, 1047
HB 777 --Open meetings and open records; certain hospitals ................................721, 778 HB 778 --Medical assistance; certain medicare
recipients; prescription drugs.................................................................721, 778 HB 779 --Judges of the Probate Courts Retirement; certain
members; cost-of-living increase.................................721, 778, 880, 962, 1874 HB 780 --Wilkes County; coroner; salary .............................721, 778, 813, 815, 1107, 1112
HB 781 --Discretional postretirement benefit increases; certain retirement systems; trustee expense allowance; rehired personnel............................................721, 778, 1346, 1636, 2338, 2557
HB 782 --Trial Judges and Solicitors Retirement; postretirement benefit increases ..............................722, 778, 880, 1061, 2352
HB 783 --"Georgia"; designate official state poem ..................................................722, 778 HB 784 --Motor vehicles; casual sales; tag agents
collect sales tax.................................................722, 778, 946, 1299, 1988, 2315 HB 785 --Motor fuel tax; increase...............................................................................722, 778
HB 786 --Sales tax; exempt certain fruits, nuts, vegetables, Vidalia onions, or truck crops ................................722, 778, 1275, 1461, 2185, 2242, 2337
HB 787 --Reapportionment; House of Representatives; certain districts.................................................722, 778, 885, 1068, 1987, 2328
HB 788 --Coin operated amusement machines; license fee.....................................723, 778 HB 789 --Eastman, City of; council; vacancies...............................723, 778, 864, 865, 1047 HB 790 --Atlanta, City of; municipal court; fines....................................................723, 778,
1246, 1246, 2180, 2201 HB 791 --Food service establishment; nonsmoking area .........................................774, 812 HB 792 --Piedmont Judicial Circuit; terms of court ...............................................774, 812,
989, 1253, 1977 HB 793 --Jasper County; board of commissioners;
reapportion ....................................................................775, 812, 886, 887, 1108 HB 794 --State flag; change design .............................................................................775, 812 HB 795 --Competitive Practices Act of 1993; enact .................................................775, 812 HB 796 --False advertising; certain cable TV
transmission; prohibit .............................................................................775, 812 HB 797 --Contracts; petroleum products; federal tax
reimbursement ................................................775, 812, 1044, 1591, 2033, 2605 HB 798 --Driving under the influence; breath testing
machine; components ...........................................................775, 812, 847, 1345 HB 799 --Motor vehicles sales; exempt sales tax; impose
ad valorem tax..........................................................................................725, 778 HB 800 --Coin operated amusement machines; repeal sales
tax exemption and licensure provisions.....................................776, 812, 1476 HB 801 --Cosmetology; natural hair care specialists;
regulate......................................................................................................776, 812 HB 802 --Elections; amend provisions.........................................776, 812, 1026, 1426, 2352
HB 803 --Income tax; taxable nonresident ................................................................776, 812
HB 804 --District Attorneys' Retirement; increased
benefits; over 16 years.............................................................................776, 813
HB 805 --Municipal charter commissions; provisions....................................776, 813, 1026
HB 806 --District Attorneys' Retirement; 20 years

2894

INDEX

service; retire at age 55 ...........................................................................777, 813 HB 807 --Employees' Retirement; certain hospital
authorities; service credit........................................................................777, 813 HB 808 --Fulton County; board of commissioners; districts...................................777, 813 HB 809 --Atlanta Judicial Circuit; add judge............................................................725, 778 HB 810 --Zoning; procedures for adopting ordinance;
clarify..........................................................................777, 813, 1241, 1693, 2353 HB 811 --Workers' compensation insurance; premium
reduction; drug-free workplace .............................................................777, 813, 1101, 1435, 1982, 2123
HB 812 --Handicapped person; private residence accessibility ..............................809, 863 HB 813 --Camden County; board of education;
reapportion ....................................................................809, 863, 952, 954, 1249 HB 814 --St. Marys, City of; council; election
districts...........................................................................810, 863, 952, 954, 1249 HB 815 --Camden County; board of commissioners;
reapportionment............................................................810, 863, 952, 954, 1249 HB 816 --Certificate of need; home health agencies;
delete certain provisions .........................................................................810, 863 HB 817 --Crawford County; board of education;
reconstitute ....................................................................810, 863, 952, 954, 1249 HB 818 --Crawford County; board of commissioners;
reapportion ....................................................................810, 863, 952, 954, 1249 HB 819 --Constitutional officers; employment of private
legal counsel..............................................................................................810, 863 HB 820 --Grand juries; oath; corrections...............................................810, 863, 1101, 1318 HB 821 --Firemen's Pension; service credit for prior service..................................811, 863 HB 822 --Open records; certain administrative
proceedings; approval....................................................................811, 863, 1345 HB 823 --Motor vehicle insurance; prohibit surcharge;
driver clinic attendance ..........................................................................811, 863 HB 824 --Special license plates; registration fees;
amend provisions .....................................................................................811, 863 HB 825 --DeKalb County; recorder's court; fines..........................811, 863, 886, 887, 1350 HB 826 --Auctioneers; regulation; amend provisions ..............................................811, 863,
989, 1254, 2353 HB 827 --Bicycles on roadways; exceptions to right side
requirement ....................................................................................812, 863, 1274 HB 828 --Criminal procedure; discovery and inspection;
disclosure...................................................................................................812, 863 HB 829 --Quality basic education; local school systems;
equal athletic opportunities ...................................................................858, 885 HB 830 --Clayton County; board of commissioners;
districts...........................................................................859, 885, 990, 991, 1286 HB 831 --Clayton County; board of education;
districts...........................................................................859, 885, 990, 991, 1286 HB 832 --Crimes; commission by felon using firearm..............................................859, 885 HB 833 --Grantville, City of; mayor and council;
staggered terms .............................................................859, 885, 952, 955, 1249 HB 834 --Insurance; unfair trade practices;
availability of policies .............................................................................812, 863 HB 835 --Ad valorem tax; homestead exemption;
waiver....................................................................................859, 885, 1275, 1506
HB 836 --Traffic courts in certain cities; fines.........................................................859, 885,
1246, 1247, 2147
HB 837 --Contracts; payments to contractors...........................................................860, 885
HB 838 --Georgia Bureau of Investigation laboratories;

INDEX

2895

controlled substances or dangerous drugs; testing................................................................................................860, 885,989 HB 839 --LaGrange, City of; certain expenditures..................................................860, 885,
952, 956, 1249 HB 840 --Oglethorpe County; board of commissioners;
vice-chairperson ............................................................860, 885, 952, 956, 1249 HB 841 --Gainesville, City of; board of education;
provisions .......................................................................812, 863, 952, 956, 1249 HB 842 --Vital records; spontaneous fetal deaths;
reporting provisions ............................................................860, 885, 1240, 1297 HB 843 --Augusta-Richmond County Coliseum Authority;
amend provisions............................................860, 885, 1043, 1046, 1492, 1646 HB 844 --Inmates; production of goods; exception to
prohibited sales ..........................................................861, 885, 952, 1328, 1987, 2285, 2338, 2505, 2718
HB 845 --Marion County; board of education; election provisions .......................................................................861, 885, 952, 956, 1249
HB 846 --Quitman County; tax commissioner; compensation.................................................................861, 885, 952, 956, 1287
HB 847 --Limousine carriers; Public Service Commission regulate......................................................................................................861, 885
HB 848 --Personal care home; rename adult residential care home ...................................................................861, 885, 1259, 1632, 1679
HB 849 --Public debt; solid waste; certain facilities...........................................................................................881, 951, 1273
HB 850 --Quality basic education; student assessment programs; amend provisions...................................................................882, 951
HB 851 --State purchasing; certain acquisitions; regulate ......................................................................................................882, 951
HB 852 --Open meetings and records; certain health care entities.......................................................................................................882, 951
HB 853 --Millen, City of; corporate limits......................................882, 951, 990, 992, 1287 HB 854 --Quality basic education; curriculum; sex
education and AIDS prevention............................................................862, 885 HB 855 --Liberty County; board of commissioners;
districts.......................................................................882, 951, 1043, 1044, 1769 HB 856 --Newton County; board of education;
districts.......................................................................882, 951, 1043, 1045, 1351 HB 857 --Emergency rooms; life-threatening conditions;
prohibit certain delays ............................................................................883, 951 HB 858 --Liberty County; board of education;
districts.......................................................................883, 951, 1043, 1045, 1769 HB 859 --Newton County; board of commissioners;
districts.......................................................................883, 951, 1043, 1045, 1351 HB 860 --Carrying weapon at school function or on
property; searches; reports .....................................................................862, 885 HB 861 --Local sales tax; prohibitions; exception ....................................................863, 885 HB 862 --Water suppliers; unpaid charges; limited liens........................................883, 951 HB 863 --Stalking and aggravated stalking; define offenses...................................883, 951 HB 864 --Life insurance; premium refunds; time
limitation ........................................................................................883, 951, 1274 HB 865 --Handicapped persons; public facilities;
accessibility ...............................................................................................883, 951
HB 866 --Blasters; licensing provisions ......................................................................884, 951
HB 867 --Effingham County; board of commissioners;
compensation.................................................................884, 951, 990, 992, 1351
HB 868 --Peachtree City, City of; corporate limits .................................................884, 951,

2896

INDEX

990, 992, 1711 HB 869 --Long County; deputy sheriffs;
compensation................................................................^, 951, 990, 992, 1351 HB 870 --Inmates; offense of mutiny; state or local
jails..............................................................................884, 951, 1101, 1301, 2147 HB 871 --Douglasville, City of; corporate limits ......................................884, 951, 990, 992 HB 872 --Commerce, City of; board of education;
superintendent ..........................................................948, 988, 1043, 1045, 1488 HB 873 --Washington County; board of commissioners;
districts ............................................................948, 988, 1043, 1046, 1772, 1795 HB 874 --Hancock County; sheriff; personnel and
equipment ..................................................................949, 988, 1043, 1046, 1488 HB 875 --Washington County; board of education;
reconstitute......................................................949, 988, 1043, 1046, 1772, 1799 HB 876 --Oconee Judicial Circuit; judges;
supplement.................................................................949, 988, 1758, 1760, 2143 HB 877 --Hunting deer; certain crossbows during archery
season.........................................................................................................949, 988 HB 878 --Biomedical waste thermal treatment technology
facility; prohibit until 10/1/96 ...............................................................949, 988 HB 879 --Vehicle loads; maximum weight; municipal solid
waste transport.........................................................................................949, 988 HB 880 --Motor vehicle registration; out-of-state
certificate of title .....................................................................................950, 988 HB 881 --Northern Judicial Circuit; add judge ........................................................950, 988 HB 882 --Criminal Justice Coordinating Council;
membership............................................................................884, 951, 989, 1157 HB 883 --Highway definitions; include transportation
enhancement activities .................................................................950, 988, 1476 HB 884 --Banking and finance; automated teller
machines; safety.............................................................................950, 988, 1321 HB 885 --Music Hall of Fame Authority; members;
compensation.............................................................950, 988, 1280, 1558, 2147 HB 886 --Title insurers; licensing and regulation...................................................985, 1042 HB 887 --Anesthesiologists; schedule of charges.....................................................985, 1042 HB 888 --Flovilla, City of; new charter .....................................986, 1042, 1106, 1107, 1612 HB 889 --Home health agencies; assessment for Indigent
Care Trust Fund..........................................................................986, 1042, 1594 HB 890 --Agrirama; designate as "Georgia's Living
History Museum"........................................................................986, 1042, 1280 HB 891 --Contracts; petroleum products; federal tax
reimbursement........................................................................................986, 1042 HB 892 --Public assistance; food stamps; electronic
transfer of cash equivalent...................................................................986, 1042 HB 893 --Teachers Retirement; disability; date .....................................................986, 1042 HB 894 --Emergency medical technicians, paramedics, and
cardiac technicians; recertification; amend provisions................................................................................................987, 1042 HB 895 --Life insurance; valuation of reserves; opinion of qualified actuary .....................................................................987, 1042, 1475 HB 896 --County and state ordinances; violations; maximum fine.........................................................................................987, 1042
HB 897 --Presidential preference primary; amend provisions..............................987, 1042
HB 898 --Gambling on "voyages to nowhere"; prohibit ..........................................951, 988
HB 899 --Baconton, City of; council districts.............................951, 988, 1043, 1046, 1488
HB 900 --Insurance policies and documents;
simplification of form..............................................................................951, 988

INDEX

2897

HB 901 --Income tax deduction; interest on certain motor vehicle loans..................................................................................951, 988
HB 902 --Public retirement systems; certain military service credit; amend provisions..........................................................987, 1042
HB 903 --Open meetings; repeal certain penalty provisions............................................................................987, 1042, 1334, 1593
HB 904 --Lay Midwifery Act; enact..........................................................................987, 1042 HB 905 --East Point, City of; building authority; members...............................1038, 1106 HB 906 --Ad valorem tax; fair market value; current use
property; timber ...................................................................................1038, 1106
HB 907 --Ethics in government; political action committees; connected organization.................................................1039, 1106
HB 908 --Bulloch County; board of education; reconstitute............................................................1039, 1106, 1281, 1283, 1769
HB 909 --Thomas County; board of commissioners; districts...................................................................l039, 1106, 1281, 1283, 1769
HB 910 --Metter-Candler County Charter Commission; create ......................................................................1039, 1106, 1246, 1247, 1612
HB 911 --Muscogee County; board of education; districts...................................................................l039, 1106, 1281, 1284, 2143
HB 912 --Alcoholic beverage sales; hotels; in-room service....................................................................................................1039, 1106
HB 913 --Fulton County; school employees pension fund; amend provisions.......................................................................!039, 1106, 1507
HB 914 --Insurance; capital stock; additional surplus.........................................................................................l040, 1106, 1475
HB 915 --Water well contractors; previous licensee; new license ....................................................................................................1040, 1106
HB 916 --Meriwether County; board of education; reapportion ............................................................1040, 1106, 1480, 1481, 1824
HB 917 --Meriwether County; board of commissioners; reapportion ............................................................1040, 1106, 1480, 1481, 1824
HB 918 --East Dublin, City of; mayor pro tempore; term................,........................................................1040, 1106, 1246, 1247, 1612
HB 919 --Laurens County; board of education; compensation.........................................................!040, 1106, 1246, 1247, 1612
HB 920 --Patient Self-referral Act of 1993; enact...............................................1040, 1106, 1345, 1671, 2204, 2622
HB 921 --Gwinnett County; state court; add judge.............................................H03, 1245, 1480, 1481, 2711
HB 922 --Lawrenceville, City of; corporate limits............................H03, 1245, 1347, 1348 HB 923 --State budgetary processes; amend provisions......................................1103, 1245
HB 924 --Talbot County; board of education; reconstitute ............................................................1103, 1245, 1281, 1284, 1974
HB 925 --Employees' Retirement; postretirement benefit adjustment...............................................................................H03, 1245
HB 926 --Municipal Courts; consolidated governments; misdemeanor jurisdiction....................................................................H04, 1245
HB 927 --Putnam County; board of commissioners; mileage allowance................................................................1041, 1106, 1246, 1248, 1612
HB 928 --Weights and measures; compressed natural gas; gallon equivalent...................................................H04, 1245, 1476, 1664, 1977
HB 929 --Nonpublic Postsecondary Education Commission;
amend provisions.......................................................................1104, 1245, 1474
HB 930 --Troup County; homestead exemptions; certain
residents.................................................................1104, 1245, 1281, 1284, 1770
HB 931 --Chatham County; chief magistrate; nonpartisan

2898

INDEX

election..............................................................................!041, 1106, 1246, 1248 HB 932 --Chatham County; probate judge; nonpartisan
election..............................................................................!041, 1106, 1347, 1349 HB 933 --Chatham County; recorder's court judge;
nonpartisan election ............................................................................1041, 1106 HB 934 --Commerce and trade; Truth in Polling Act; enact..............................l041, 1106 HB 935 --Catoosa County; tax commissioner; clerical
help.........................................................................1042, 1106, 1246, 1248, 1612 HB 936 --Sheriffs providing municipal police services;
powers.....................................................................l042, 1106, 1334, 1634, 2353 HB 937 --Quality basic education; midterm adjustments;
training and experience ......................................................................1042, 1106 HB 938 --Nonpublic postsecondary education; public
records; exemption...............................................................................1104, 1245 HB 939 --Building codes; state minimum standards;
converted railroad cars........................................................................1042, 1106 HB 940 --Watkinsville, City of; elections; terms..................................................H04, 1245,
1281, 1284, 1974 HB 941 --State authorities; private participation;
Upper Savannah River Development Authority; amend provisions.....................................................!105, 1245, 1281, 1659, 2181, 2305 HB 942 --Douglas, City of; new charter ..................................1242, 1279, 1347, 1349, 1711 HB 943 --Pawnbrokers; motor vehicle sales at auction; license .........................1242, 1279 HB 944 --Pickens County; commissioner; authority............................................!243, 1279,
1347, 1349, 1770 HB 945 --Gainesville, City of; utility fees outside
corporate limits ...............................................................1243, 1279, 1347, 1348 HB 946 --Augusta Judicial Circuit; judges; Burke County
supplement.............................................................l243, 1279, 1480, 1481, 2143 HB 947 --Atlanta, City of; council districts...........................................................1243, 1279 HB 948 --Norcross, City of; corporate Iimits..........................l243, 1279, 1480, 1481, 1824 HB 949 --Insurers; payment of dividends; domestic stock
dividends......................................................H05, 1245, 1475, 1659, 2284, 2560 HB 950 --Norcross, City of; election date; terms.................................................1243, 1279,
1480, 1481, 1824 HB 951 --Duluth, City of; homestead exemption;
exception................................................................1243, 1279, 1480, 1486, 1974 HB 952 --Electrical, plumbing, or conditioned air
contracting; grandfathering................................................................1105, 1245 HB 953 --Proprietary schools; graduate placement
requirements.........................................................................................1106, 1245 HB 954 --State parks; certain facilities and services;
taxation..................................................................................................H06, 1245 HB 955 --Lamar County; homestead exemptions; certain
residents.................................................................1244, 1279, 1705, 1707, 1974 HB 956 --State government; involuntary separation;
position remain unfilled ...........................................................1244, 1279, 1347 HB 957 --Augusta Judicial Circuit; add judge ............................................1244, 1279, 1475 HB 958 --Brooks County; state court; create .........................1276, 1345, 1866, 1867, 2345 HB 959 --Employees' Retirement; certain agricultural
commodity commission employees; service credit..........................1276, 1345 HB 960 --Baldwin County; board of education;
districts...................................................................!277, 1345, 1604, 1605, 2143
HB 961 --Baldwin County; board of commissioners;
districts...................................................................!277, 1345, 1604, 1606, 2143
HB 962 --Dougherty County; state court; judge and
solicitor...................................................................l244, 1279, 1347, 1349, 1711

INDEX

2899

HB 963 --Dougherty County; magistrate court; amend provisions...............................................................1244, 1279, 1347, 1349, 1711
HB 964 --Reapportionment; congressional districts 2, 3, and 8; state Senate; certain districts.....................................!245, 1279, 1335, 1628, 2180, 2244, 2338, 2433, 2536, 2566, 2721
HB 965 --Beauty pageants; amend provisions ............................................1245, 1279, 1475 HB 966 --Highways; Interstate Rail Passenger Network
Compact; enact.....................................................!277, 1345, 1629, 2203, 2434, 2635, 2668, 2679, 2681, 2721
HB 967 --Electrical contractors; low-voltage and utility contracting......................................................................l277, 1345, 1475
HB 968 --Haralson County; certain officials; compensation.........................................................!245, 1279, 1347, 1350, 1770
HB 969 --State Defense Force; amend provisions ................................................1277, 1345 HB 970 --Calhoun, City of; homestead exemption; certain
residents.................................................................1277, 1345, 1480, 1487, 1974 HB 971 --Gordon County; homestead exemption; certain
residents.................................................................1277, 1345, 1480, 1487, 1825 HB 972 --General Assembly; Ethics Committees; subpoena
provisions.....................................................l245, 1279, 1280, 1511, 2033, 2322 HB 973 --Blasting on property adjacent to residential
property; quarries ................................................................................1278, 1345 HB 974 --Covenants running with the land; repeal
certain search requirement.................................................................1278, 1345 HB 975 --Hazardous waste; petroleum contaminated soil;
limits ......................................................................................................1278, 1345 HB 976 --Lincoln County; office of treasurer;
abolish.....................................................................!338, 1479, 1604, 1606, 1974 HB 977 --Elections; Code of Fair Campaign Practices;
provisions..............................................................................................1338, 1479 HB 978 --Sumner, town of; new charter..................................!338, 1479, 1604, 1606, 1871 HB 979 --Lee County; board of education;
reconstitute ............................................................1338, 1479, 1705, 1706, 1974 HB 980 --Special license plates; annual fees; amend ...........................................1338, 1479 HB 981 --Tag agents; certain additional compensation;
fee deduction ........................................................................................1338, 1479 HB 982 --Thomaston-Upson County Office Building
Authority; powers .................................................1338, 1479, 1604, 1606, 2143 HB 983 --South Cobb Development Authority; additional
members.......................................................l339, 1479, 1758, 1760, 2483, 2506 HB 984 --Jefferson County; chief magistrate;
compensation.........................................................l339, 1479, 1604, 1606, 2345 HB 985 --Pike County Arts Facility Authority;
create ......................................................................1339, 1479, 1604, 1607, 2143 HB 986 --Motor vehicles; certificate of title; transfer
by assignment.......................................................................................!339, 1479 HB 987 --Twin City, City of; corporate limits .....................................................1339, 1479,
1604, 1607, 2144
HB 988 --Elections; persons over age 65; vote without waiting ...................................................................................................1339, 1479
HB 989 --Eminent domain; condemnation award; set off by water or tax liens .................................................................................1339, 1479
HB 990 --Menlo, City of; elections; amend
provisions...............................................................1339, 1479, 1604, 1607, 2144
HB 991 --Terrell County, commissioner districts................................................1340, 1479, 1604, 1607, 2144
HB 992 --Superior court clerks; minimum annual

2900

INDEX

salaries.........................................................................................l279, 1345, 1475 HB 993 --Elections; late voters; register and vote same
day..........................................................................................................l279, 1345 HB 994 --Torts; sexual harassment; right of action;
limitation....................................................................................1279, 1345, 1965 HB 995 --Sycamore, town of; mayor and council;
terms.............................................................l340, 1479, 1604, 1607, 2483, 2505 HB 996 --Rebecca, Town of; mayor and council;
terms..................................................1340, 1476, 1479, 1604, 1608, 2483, 2505 HB 997 --Georgia Civil War Commission; create..................................................l340, 1479 HB 998 --Muscogee County; school district; libraries..........................................1340, 1479 HB 999 --Quality basic education; Individual Education
Program; parents' access.............................,.......................................1340, 1479 HB 1000 --Driver's license suspension; additional drug
related crimes; provisions ...................................................................1340, 1479 HB 1001 --Muscogee County; coroner; compensation...........................................1341, 1479,
1604, 1608, 2144 HB 1002 --Columbus, City of; certain officials; salary
supplements...........................................................!341, 1479, 1604, 1608, 2144 HB 1003 --Muscogee County; sheriff; salary ............................1341, 1479, 1604, 1608, 2144 HB 1004 --Baker County; board of education;
compensation.........................................................!341, 1479, 1604, 1609, 2144 HB 1005 --Marietta, City of; finance director serve as
treasurer.................................................................1341, 1479, 2027, 2027, 2346 HB 1006 --Georgia Health Care Act; enact..............................................................!341, 1479 HB 1007 --Cigarettes; excise tax; increase ...............................................................1341, 1479 HB 1008 --Health insurance; small employer benefit plans;
standards...............................................................................................l342, 1479 HB 1009 --Medical assistance; voucher program for private
health care ..................................................................................1342, 1479, 1683 HB 1010 --Brantley County; sheriff and chief magistrate;
compensation.........................................................l342, 1479, 1604, 1609, 1974 HB 1011 --Augusta, City of; repeal charter; referendum.......................................!342, 1479 HB 1012 --Augusta-Richmond County Commission-Council; provisions............1342, 1479 HB 1013 --Spalding County; probate court judge;
compensation.........................................................!342, 1479, 1604, 1609, 2144 HB 1014 --Spalding County; water and sewerage authority;
members .................................................................1343, 1479, 1604, 1609, 2144 HB 1015 --Dooly County; board of commissioners;
districts...................................................................!343, 1479, 1604, 1610, 2145 HB 1016 --Dooly County; board of education;
districts...................................................................!343, 1479, 1604, 1610, 2145 HB 1017 --Walton County; board of commissioners;
reconstitute............................................................1343, 1479, 1604, 1610, 2346 HB 1018 --Bibb County; board of education; school
tax...........................................................................1343, 1479, 1604, 1610, 1975 HB 1019 --Superior Court Judges Retirement;
postretirement benefits; retirement age...........................................1477, 1603 HB 1020 --Trial Judges and Solicitors Retirement; spousal
benefits; contributions ........................................................................1477, 1603 HB 1021 --McDuffie County; board of commissioners;
certain annual report......................................................!478, 1603, 1705, 1706
HB 1022 --Augusta Judicial Circuit; judges; Burke County
supplement.............................................................l478, 1603, 1705, 1706, 2145
HB 1023 --Augusta Judicial Circuit; judges; Columbia County supplement ..............................................1478, 1603, 1758, 1760, 1975
HB 1024 --Emergency "911" system; public authority to

INDEX

2901

operate; local governments create...........................................1344, 1479, 1506 HB 1025 --Expert witnesses; qualification provisions;
malpractice action................................................................................!478, 1603 HB 1026 --Superior court judges; nonpartisan elections;
plurality; ballots...................................................................................l478, 1603 HB 1027 --Health insurance; certain secondary conditions;
coverage.................................................................................................!478, 1603 HB 1028 --Monroe, City of; election districts ..........................1597, 1703, 1758, 1760, 2346 HB 1029 --School buses; load limit...........................................................................1597, 1703 HB 1030 --Health insurance; insurer; subrogation .................................................1597, 1703 HB 1031 --Wilkinson County; sheriff and personnel;
compensation.........................................................l597, 1703, 1758, 1761, 2346 HB 1032 --Wilkinson County; superior court clerk and
personnel; compensation......................................!597, 1703, 1758, 1761, 2346 HB 1033 --Wilkinson County; tax commissioner and
personnel; compensation......................................l598, 1703, 1758, 1761, 2346 HB 1034 --Hall County; board of education; nonpartisan
elections.................................................................................................!598, 1703 HB 1035 --Evans County; board of commissioners;
compensation.........................................................l479, 1603, 1705, 1706, 1975 HB 1036 --Pulaski County; board of education;
districts...................................................................l598, 1703, 1758, 1761, 2346 HB 1037 --Columbia County; board of education;
compensation........................................................-1598, 1703, 1758, 1761, 1975 HB 1038 --Eastern Judicial Circuit; judges; Chatham
County supplement ..............................................1598, 1703, 1758, 1761, 2346 HB 1039 --Omaha, City of; new charter....................................l598, 1703, 1758, 1762, 2346 HB 1040 --Brunswick Judicial Circuit; judges; Wayne
County supplement ..............................................1598, 1703, 1758, 1762, 2347 HB 1041 --Douglasville-Douglas County Charter Commission;
referendum.............................................................!599, 1703, 1758, 1762, 2347 HB 1042 --Lanier County; board of commissioners;
compensation.........................................................l599, 1703, 1758, 1762, 2347 HB 1043 --Athens-Clarke County; juvenile intake and
probation services; transfer.................................1599, 1703, 1758, 1762, 2347 HB 1044 --Rockdale County; homestead exemption; certain
residents.................................................................1599, 1703, 1758, 1768, 1975 HB 1045 --Fayette County; board of commissioners;
compensation.........................................................!599, 1703, 1758, 1762, 2347 HB 1046 --Wilkinson County; probate and magistrate
courts; certain compensation ..............................1599, 1703, 1758, 1763, 2347 HB 1047 --Randolph County; chief magistrate;
election...................................................................1599, 1703, 1758, 1763, 2347 HB 1048 --Clay County; chief magistrate serve as superior
court deputy clerk................................................1600, 1703, 1758, 1763, 2347 HB 1049 --Liberty County; board of elections;
provisions...............................................................1600, 1703, 1758, 1763, 2145 HB 1050 --Pooler, City of; corporate limits............................................................1600, 1703,
1758, 1763, 1982, 2200 HB 1051 --Nelson, City of; reincorporate..................................l600, 1703, 1758, 1763, 2145 HB 1052 --Jasper, City of; corporate limits..............................1600, 1703, 1758, 1764, 2145 HB 1053 --Lithia Springs, Town of; new charter....................................................!600, 1703
HB 1054 --Paulding County; civil service system; amend
provisions.....................................................!^, 1703, 1758, 1764, 2483, 2497
HB 1055 --Euharlee, City of; mayor's court; maximum
fine..........................................................................1600, 1703, 1758, 1764, 2347
HB 1056 --Bartow County; board of elections and

2902

INDEX

registration; create................................................1601, 1703, 1758, 1764, 2348 HB 1057 --Catoosa County; probate judge and superior
court clerk..............................................................!601, 1703, 1758, 1764, 2348 HB 1058 --Catoosa County; board of utilities
commissioners; compensation.............................1601, 1703, 1758, 1764, 2348 HB 1059 --Coweta Judicial Circuit; add judge........................................................!601, 1703 HB 1060 --Barnesville, City of; amend provisions.................................................1601, 1703,
1758, 1765, 2348 HB 1061 --Catoosa County; county manager;
provisions...............................................................1601, 1703, 1758, 1765, 2348 HB 1062 --Counties; Parents' Committee; provisions............................................1700, 1758 HB 1063 --Employees' Retirement; certain county transfer
to Department of Children and Youth Services; membership..........................................................................................1700, 1758 HB 1064 --Quality basic education; child abuse prevention education; require course....................................................................1701, 1758 HB 1065 --Special license plates; retired reservists...............................................-1701, 1758 HB 1066 --Juveniles in custody; time for hearing; maximum incarceration.........................................................................................1701, 1758 HB 1067 --Thomson, City of; expenditures and fees; annual report ................................................................................1602, 1703, 1758, 1765 HB 1068 --McDuffie County; expenditures and fees; annual report ................................................................................1602, 1703, 1758, 1765 HB 1069 --Calhoun, City of; annual appropriation to Winner's Club of Calhoun, Inc...........................1602, 1703, 1758, 1765, 2348 HB 1070 --Griffm-Spalding County; board of education; districts...................................................................l602, 1703, 1758, 1765, 2348 HB 1071 --Hiawassee; City of; new charter ............................................................1602, 1704,
1758, 1760, 1866, 1867, 2348 HB 1072 --Fulton County; board of education;
compensation.........................................................!603, 1704, 2064, 2064, 2348 HB 1073 --Driving under the influence; chemical test;
information required from arresting officer ....................................1701, 1758 HB 1074 --Gainesville, City of; utilities charges outside
corporate limits....................................................................................1603, 1704 HB 1075 --Anatomical Gift Act; representative ad litem;
provisions..............................................................................................1701, 1758 HB 1076 --Ellaville-Schley County Charter Commission;
create ......................................................................1603, 1704, 1758, 1765, 2348 HB 1077 --Jasper County; board of commissioners;
reapportion.......................................................................l603, 1704, 1821, 1822 HB 1078 --Jasper County; board of education;
reconstitute ......................................................................1603, 1704, 1821, 1822 HB 1079 --Floyd County; board of commissioners; residence
requirement...........................................................1701, 1758, 1821, 1822, 2349 HB 1080 --Theft; carjacking; define offense............................................................1702, 1758 HB 1081 --Douglas County; board of education;
districts.................................................................-.1702, 1758, 2027, 2028, 2349
HB 1082 --Cobb County; sheriff and chief investigator.......................................................................!702, 1758, 1821, 1822
HB 1083 --Chatham County; superior court clerk; compensation.........................................................l702, 1758, 1821, 1823, 2349
HB 1084 --Fulton County; homestead exemption; certain
residents................................................................................................1702, 1758
HB 1085 --Cobb County Elected Officials' Compensation
Review Commission; create ...........................................1702, 1758, 1821, 1823
HB 1086 --Employees' Retirement; certain pilots;

INDEX

2903

additional credit...................................................................................!756, 1821 HB 1087 --Juvenile proceedings; deprived child; legal custody............................1756, 1821 HB 1088 --Wadley, City of; mayor and council;
districts .............................................................................1703, 1758, 1821, 1823 HB 1089 --Columbia County; certain officials;
compensation.........................................................!703, 1758, 1866, 1869, 2349 HB 1090 --Judges of the Probate Courts Retirement; retire
at age 55 ................................................................................................1756, 1821 HB 1091 --Judges of the Probate Courts Retirement;
certain membership.............................................................................1756, 1821 HB 1092 --Fulton County; board of education; president.....................................!703, 1758 HB 1093 --Dublin, City of; elections; terms............................................................l757, 1821,
1866, 1869, 2711 HB 1094 --Dublin, City of; board of education; real
estate.......................................................................!757, 1821, 1866, 1869, 2711 HB 1095 --Augusta Judicial Circuit; Richmond County
judges' supplement...............................................1757, 1821, 1914, 1914, 2349 HB 1096 --Worth County; state court solicitor;
salary.......................................................................!757, 1821, 1866, 1869, 2711 HB 1097 --Innkeepers; define guest; amend provisions.........................................1757, 1821 HB 1098 --Savannah-Chatham County Anti-Drug Commission;
repeal Act creating....................................................................1757, 1821, 1866 HB 1099 --Bail bond business; certain prohibition;
repeal.....................................................................................................1818, 1866 HB 1100 --Weapons prohibited on school property; include
bludgeon-type instruments.................................................................l818, 1866 HB 1101 --Employees' Retirement; postretirement benefit
adjustment ............................................................................................1819, 1866 HB 1102 --Gwinnett County; chief magistrate;
compensation...............................................l819, 1866, 1970, 1971, 2483, 2506 HB 1103 --Service cancelable loans; certain registered
nur8es.....................................................................................................l819, 1866 HB 1104 --Employees' Retirement; certain prior county
service; credit........................................................................................!819, 1866
HB 1105 --Teachers Retirement; certain public school employees; membership......................................................................1819, 1866
HB 1106 --Villa Rica, City of; corporate Iimits......................................................l819, 1866, 1970, 1971, 2711
HB 1107 --Turner County; board of commissioners; compensation.........................................................!819, 1866, 1970, 1971, 2712
HB 1108 --Stapleton, City of; mayor and council; terms.......................................................................1820, 1866, 1970, 1972, 2349
HB 1109 --Lula, City of; new charter .......................................................................1820, 1866 HB 1110 --Enigma, City of; new charter...................................!820, 1866, 1914, 1973, 2349 HB 1111 --Employees' Retirement; Vietnam service credit..................................1864, 1969 HB 1112 --Covenants running with the land; planned
subdivision amendments........,............................................................1864, 1969 HB 1113 --Talbot County; board of commissioners; districts...............................!865, 1969 HB 1114 --Barbershops; licensing provision; apprentices......................................1865, 1969 HB 1115 --Brunswick Judicial Circuit; judges and district
attorney; Appling County supplement............................................1820, 1866, 1970, 1972, 2712
HB 1116 --Jeff Davis County; board of commissioners;
compensation.........................................................!820, 1866, 1970, 1972, 2349
HB 1117 --Brunswick Judicial Circuit; judges and district attorney; Jeff Davis County supplement........................................1820, 1866,
1970, 1972, 2712

2904

INDEX

HB 1118 --Jeff Davis County; board of education; compensation.........................................................!820, 1866, 1970, 1973, 2349
HB 1119 --Courts; civil contempt arrest orders; Georgia Crime Information Center network ..................................................1865, 1969
HB 1120 --Evidence; facsimile transmissions; admissibility..........................................................................................l865, 1969
HB 1121 --Dodge County; hospital authority; members.......................................l821, 1866, 1970, 1973, 2349
HB 1122 --Courts; certain judicial and county officials; legal counsel..........................................................................................l865, 1969
HB 1123 --Savannah-Chatham County Anti-Drug Commission; repeal Act creating ...............................................1865, 1969, 2141, 2142, 2712
HB 1124 --Sumner, town of; amend provisions......................................................!866, 1969, 2141, 2142, 2712
HB 1125 --Fishing in public fishing area; fee..........................................................!967, 2140 HB 1126 --Georgia Laws; distribution by request..................................................1967, 2140
HB 1127 --Industrial life insurance; maximum face amount of policy .................................................................................................1968, 2140
HB 1128 --Public school employees and retirees; health insurance ...............................................................................................1968, 2140
HB 1129 --Employees' Retirement; certain military service credit......................................................................................................!968, 2140
HB 1130 --Quality basic education; summer school program; certain students....................................................................................!968, 2140
HB 1131 --Teachers Retirement; certain unpaid leave; creditable service .................................................................................1968, 2140
HB 1132 --Employees' Retirement; certain persons; retire after 20 years........................................................................................!968, 2140
HB 1133 --Chatham County Intergovernmental Council; repeal Act creating..........................................................!969, 2140, 2344, 2345
HB 1134 --Covenants running with the land; antennae installation; amateur radio operators ...............................................2137, 2344
HB 1135 --Land Surveyors, State Board; create.....................................................2137, 2344 HB 1136 --Georgia Ports Authority; police powers ................................................2137, 2344 HB 1137 --Technical and Adult Education, State Board;
personnel ...............................................................................................2137, 2344 HB 1138 --Appling County; board of commissioners;
districts..................................................................................................2138, 2344 HB 1139 --Appling County; board of education; districts.....................................2138, 2344 HB 1140 --Ad valorem tax; mobile homes; classification ......................................2138, 2344 HB 1141 --Trial Judges and Solicitors Retirement;
magistrate judges; membership .........................................................2138, 2344 HB 1142 --Insurance; cancellation of policy; written
request ...................................................................................................2138, 2344 HB 1143 --Development authorities; county projects in
municipalities .......................................................................................2138, 2344 HB 1144 --Employees' Retirement; spousal benefits .............................................2138, 2344 HB 1145 --Revenue bonds; telecommunications systems;
provisions....................................................................................2139, 2344, 2537 HB 1146 --Camden County; board of commissioners; election.............................2139, 2344 HB 1147 --Sales tax; exempt public works projects...............................................2139, 2344 HB 1148 --Bad check diversion program; Attorney General
establish.................................................................................................2139, 2344
HB 1149 --Board of regents; limit certain appropriations.....................................2139, 2344
HB 1150 --Denturitry; regulate practice...................................................................2139, 2344
HB 1151 --Motor Vehicles Board, Department, commissioner;
create ...........................................................................................2140, 2344, 2423

INDEX

2905

HB 1152 --Newton County; certain officers; base salary .................................................2340 HB 1153 --Employees' Retirement; certain employees of
county departments of family and children services; credit................................................................................................2340 HB 1154 --Private residences; physically handicapped access........................................2341 HB 1155 --Public events; handicapped seating; provisions .............................................2341 HB 1156 --Energy resources; Tax Disclosure Act; enact..................................................2341 HB 1157 --Hotels and motels; post certain notice in guest rooms.................................2341 HB 1158 --Workers' compensation; safety committees; provisions ................................2341 HB 1159 --Public retirement systems; creditable service; temporary disability.......................................................................................2341 HB 1160 --Employees' Retirement; creditable service; forfeited leave.................................................................................................2342 HB 1161 --Employees' Retirement; creditable service; certain military service..................................................................................2342 HB 1162 --Courts; fines and forfeitures; certain traffic offenses; administrative fee..........................................................................2342 HB 1163 --Motor vehicle insurance; personal lines policy; agent's service fee...........................................................................................2342 HB 1164 --Pari-mutuel racetracks and wagering; authorize............................................2342 HB 1165 --Employees' Retirement; certain Corrections Department employees; 55 years .................................................................2342 HB 1166 --Judges of the Probate Courts Retirement; cost-of-living benefit......................................................................................2343 HB 1167 --Hazlehurst, City of; elections ............................................................................2343

PART III
HOUSE RESOLUTIONS
HR 1 --Notify Senate; House convened............................................................................13 HR 2 --Rules of House; adopt............................................................................................!4 HR 3 --House officials, employees, and committees; relative to...................................16 HR 4 --Joint Session; Governor's message.................................................................!9, 71 HR 5 --Joint Session; Governor's message; invite
Supreme Court Justices and Appeals Court Judges..............................19, 71 HR 6 --Joint Session; message from Chief Justice of
Supreme Court.............................................................................................19, 71 HR 7 --Joint Session; Governor's message.................................................................20, 71 HR 8 --Adjournment; relative to .................................................................................20, 72 HR 9 --Bremen, City of; commend school system ..........................................................41 HR 10 --Local governments; state mandated programs;
funding - CA.................................................................................................38, 68 HR 11 --Elected officials of state and U. S.
Congress; term limitations - CA................................................................38, 68 HR 12 --Bills raising revenue; approval by voters - CA............................................39, 68 HR 13 --Special purpose sales tax; local school
systems; capital outlay; General Assembly provide by general law - CA ......................................................................39, 69 HR 14 --Inspector general; create office - CA.............................................................39, 69 HR 15 --State Flag Commission; create .......................................................................39, 69 HR 16 --Joint Regional Hospital Study Committee; create ..................................................................................39, 69, 442, 541, 1981 HR 17 --House of Representatives; smoking in chamber; urge limitations..........................................................................39, 126, 262, 290 HR 18 --Rules of House; amend Rule 29 ...........................................................................39 HR 19 --Georgia Peach Festival; invite representative toHouse..............................................................................................40, 126, 146 HR 20 --Mitchell-Baker High School Eagles football team; commend; invite Coach Jack Johnson and assistants to House..............................................................................40, 99, 117 HR 21 --4-H Day at Capitol; recognize; invite winners and President to House....................................................................40, 126, 146 HR 22 --Voluntary prayer in schools; urge Congress to restore............................................................................................................67, 99 HR 23 --Voluntary prayer in schools; urge Congress to restore............................................................................................................67, 99 HR 24 --Captain Samuel Butts Chapter of the Georgia Society of the Sons of the American Revolution; commend.......................69 HR 25 --Mitchell-Baker High School Eagles football team; commend .........................69 HR 26 --Jordan, Chief Justice Robert H.; condolences....................................................69 HR 27 --Mitchell-Baker High School Eagles varsity cheerleaders; commend......................................................................................69

2908

INDEX

HR 28 --Strickland, Jetta; commend...................................................................................69 HR 29 --Engle, Edward "Butch"; commend ......................................................................69 HR 30 --Engle, Bessie Marie; commend .............................................................................69 HR 31 --Bacon, Harold; commend.......................................................................................69 HR 32 --Miller, Generuth "Gene"; condolences................................................................69 HR 33 --Harrison High School cross country team;
commend .............................................................................................................69 HR 34 --Rhodes, Edgar; commend......................................................................................69 HR 35 --Parris, Jason; commend.........................................................................................70 HR 36 --Benefield, Carrie; commend ..................................................................................70 HR 37 --Benefield, Carrie; commend ..................................................................................70 HR 38 --Wright, Dustin; commend .....................................................................................70 HR 39 --Whatley, Andrea; commend ..................................................................................70 HR 40 --Douce, Tonya; commend........................................................................................70 HR 41 --Whatley, Andrea; commend ..................................................................................70 HR 42 --Spike, Derron; commend .......................................................................................70 HR 43 --Reynolds, Luther; commend .................................................................................70 HR 44 --Miller, Kara; commend ..........................................................................................70 HR 45 --Lucas, Patrick; commend.......................................................................................70 HR 46 --Barry, Maleia; commend........................................................................................70 HR 47 --Edwards, Timothy; commend ...............................................................................70 HR 48 --Stancil, Jennifer; commend ...................................................................................70 HR 49 --Butts County; repeal property conveyance ...............................................97, 125,
540, 768, 1875 HR 50 --Valdosta, City of; urge lease of certain
property ......................................................................................97, 125, 296, 342 HR 51 --House State Emergency Management Study
Committee; create......................................................................................98, 125
HR 52 --Certain federal lawsuit; urge Governor refrain from settling ..................................................................................98, 125
HR 53 --Special one percent sales tax; education; General Assembly provide - CA..............................................................98, 125
HR 54 --Joint Study Committee on Legislative Information Systems and Accessibility; create .....................................98, 125
HR 55 --Phillip M Landrum Memorial Highway; designate...........................................................................98, 125, 380, 428, 1109
HR 56 --House Study Committee on Legislative Information Systems and Accessibility; create .....................................98, 125
HR 57 --Board of Regents; urge promotion of black colleges to university status.................................................98, 125, 1281, 2018
HR 58 --Bills or resolutions requiring expenditure of funds by local governments; fiscal vote - CA........................................99, 125
HR 59 --Senate; staggered four-year terms - CA......................................................99, 125 HR 60 --Four-year college in Gordon County; Board of
Regents appoint committee to study need ............................................99, 125 HR 61 --Rules of House; amend .................................................................99, 126, 147, 307 HR 62 --Roadway lighting; urge use of technology to
minimize glare, light trespass, and sky glow.......................................124, 173 HR 63 --Metropolitan Atlanta Olympic Games Overview
Committee; create....................................................................................l24, 173 HR 64 --Regional development centers; ratify certain
transfer ...........................................................................124, 173, 297, 338, 1827
HR 65 --"Motorcycle Awareness and You Month"; recognize May, 1993.........................................................................................146
HR 66 --Joint Study Committee on Sludge; create...............................................!24, 173, 554, 1463, 2353
HR 67 --United Nations peacekeeping force in Iraq;

INDEX

2909

commend participants.....................................................................................146 HR 68 --Joyce, Lonnie; commend......................................................................................l46 HR 69 --Rucks, Brandie; commend ...................................................................................146 HR 70 --Mullinax, Mildred; commend..............................................................................l47 HR 71 --Mathis, Alec; commend........................................................................................H7 HR 72 --Johnstonville community; commend citizens ...................................................147 HR 73 --Fleming, Annette; commend ...............................................;...............................147 HR 74 --Wheeler, Emma Jean; condolences ....................................................................147 HR 75 --Carter, Mary D; condolences...............................................................................!47 HR 76 --Locust Grove Elementary School; commend....................................................l47 HR 77 --House Restructuring of the Education System
of Georgia Study Committee; create.....................................................124, 173 HR 78 --Boynton, Ricky Lee; compensate..............................................................l72, 284,
1273, 1496, 2353 HR 79 --General Assembly; four-year terms; four-term
limit-CA..................................................................................................173, 284 HR 80 --State government appointments; express intent
to ensure state-wide representation......................................................!73, 284 HR 81 --Hardy, Heather Lynn; commend........................................................................264 HR 82 --Shahan, Amy; commend......................................................................................264 HR 83 --Shahan, Amy; commend ......................................................................................264 HR 84 --Thomas County Central High School football
team; commend ................................................................................................264 HR 85 --Regulatory burden on banks; urge Congress to
reduce........................................................................................!73, 284, 324,412 HR 86 --House Computerization of the Legislative
Branch Study Committee; create ..........................................................173, 284 HR 87 --Keller, Robert E.; commend................................................................................264 HR 88 --Veterans Memorial Highway; designate...................................................282, 300,
380, 428, 1109 HR 89 --Local governments; certain expenditures and
certain tax increases; General Assembly limit by law - CA...............................................................................................282, 300 HR 90 --Education; change funding from ad valorem to sales and use tax - CA............................................................................282, 300 HR 91 --Joint Study Commission on Revenue Structure; recreate ...................................................................................282, 300, 962, 1751 HR 92 --General bills raising revenue; two-thirds vote required - CA...................................................................................282, 300 HR 93 --Death sentence commuted to life; prohibit parole - CA ...............................................................................................282, 300 HR 94 --Appropriations; authorize Governor to reduce - CA...............................282, 300 HR 95 --General bills raising revenue; two-thirds vote required - CA...................................................................................283, 300 HR 96 --Wilson, Nina; compensate ......................................................283, 300, 1273, 1496 HR 97 --Rules of House; add Rule 11A............................................................................283 HR 98 --Bowdon High School football team; invite to House.................................................................................................290, 336, 340 HR 99 --Johnson County High School Trojans football team; invite to House......................................................................290, 360, 367 HR 100 --Valdosta High School Wildcats football team and Coach Nick Hyder; invite to House......................................290, 360, 367
HR 101 --Davison, Dr. Fred; invite to House ...................................................290, 360, 367
HR 102 --Public officers; ethics training; General
Assembly provide by general law - CA ................................................283, 300
HR 103 --Education Department; five-year budget Act - CA ................................283, 300
HR 104 --Initiative petition; power to enact or reject

2910

INDEX

statutes and amendments to the constitution - CA...........................283, 300 HR 105 --World Vision 30 Hour Famine Program; commend
participants .......................................................................................................294 HR 106 --Torch, Isadora "Sport"; condolences .................................................................294 HR 107 --Stockelmann, Cheryl Mann; commend..............................................................294 HR 108 --Leverette, Sheriff Billy; commend .....................................................................294 HR 109 --Jones, Patricia C.; commend ...............................................................................294 HR 110 --Bryant, Caroline Hart; commend .......................................................................294 HR 111 --Smith, Reverend Carl; commend........................................................................294 HR 112 --"Motorcycle Awareness and You Month";
recognize May, 1993.........................................................................................295 HR 113 --Holloway, H. L.; commend ..................................................................................295 HR 114 --Battey, Dr. Louis L.; commend..........................................................................295 HR 115 --Chambers, Honorable J. T.; commend ..............................................................295 HR 116 --Local school systems; educational enrichment
tax; authorize - CA..................................................................................283, 300 HR 117 --University System Laboratory, Equipment,
Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; create .............................284, 300, 1275, 1716 HR 118 --Joint Boundaries of Regional Development Centers Study Committee; create ....................333, 359, 442, 598, 1827, 1848 HR 119 --Floyd L. Norton Bridge; designate ...........................................................333, 359,
380, 429, 1109 HR 120 --Licensing boards; health and human services;
include gerontology or geriatric education..........................................333, 359, 772, 942, 1827
HR 121 --Gilmer County; grant easement ......................................333, 359, 540, 874, 1875 HR 122 --Baldwin and Bartow counties; convey
property ...............................................................334, 359, 540, 764, 1875, 2317 HR 123 --Macon County; convey property.....................................334, 359, 540, 827, 1289 HR 124 --Lewis, Walter; compensate..........................................................................334, 359 HR 125 --Baldwin County; grant easement ....................................334, 359, 540, 765, 1875 HR 126 --University System; urge faculty development
initiatives in gerontology and geriatrics fields ...............................................................................334, 359, 524, 627, 1827 HR 127 --House Study Committee on Private No-Fault Motor Vehicle Insurance; create............................................................334, 359 HR 128 --Nelson, Bill W.; commend...................................................................................324 HR 129 --Jackson, Mayor Maynard; invite to House ......................................324, 360, 367 HR 130 --General Assembly; four-year terms; elected state officials; limit terms - CA.............................................................334, 359 HR 131 --International trade agreements affecting peanut farmers; urge caution ................................................357, 391, 441, 711 HR 132 --Ad valorem tax; local government exempt property used for economic development - CA ..................................357, 391 HR 133 --Raffles by nonprofit organizations; provisions - CA..............................................................................357, 391, 1334 HR 134 --Lanette O'Neal Faulk Memorial Bridge and Wayne Garner Parkway; designate ...............................357, 391, 609, 761, 1615, 1735 HR 135 --Moore, Gene and Maxine; commend.................................................................340 HR 136 --Bridges, James A.; commend ..............................................................................340 HR 137 --Georgia Rural Water Association; commend....................................................340
HR 138 --Cobb Education Consortium; commend............................................................341
HR 139 --South Fulton County Junior Leadership Class of
1993; commend members................................................................................341
HR 140 --James; Kerry Alan; condolences .........................................................................341
HR 141 --Weltner, Chief Justice Charles L., Sr.; condolences........................................341

INDEX

2911

HR 142 --Flanagan, Robert B.; condolences......................................................................341 HR 143 --Morgan County High School Chapter of the
Future Farmers of America; commend.........................................................341 HR 144 --Georgia Recreation and Park Association; commend......................................341 HR 145 --Elder, Charles and Mildred; commend..............................................................341 HR 146 --Elliott, "Mark" Harrison; commend..................................................................341 HR 147 --Georgia State Clogging Festival; recognize.......................................................341 HR 148 --Marshall, Thurgood; United States Supreme
Court Justice; condolences..............................................................................341 HR 149 --Clayton County; support Olympic Coordinating
Committee; endorse bid for 1996 Women's Fast-Pitch Softball Event..........................................335, 359, 962, 1064, 1111 HR 150 --Joint Study Committee on Privatization of Certain Governmental Services; create ................................................357, 391 HR 151 --Camden County High School; commend gifted students and teachers......................................................................................341 HR 152 --Thomas County Central High School football team; invite to House......................................................................366, 419, 424 HR 153 --Arkansaw, Tim; commend ..................................................................366, 419, 425 HR 154 --Georgia Citizens for the Arts; commend ..........................................366, 419, 425 HR 155 --Strickland, Lorraine; compensate ...............................388, 419, 1273, 1496, 2353 HR 156 --Poore, Mrs. L. C.; compensate ....................................388, 419, 1273, 1496, 2353 HR 157 --Lampkin, Albert and Delia Mae; compensate .......................................388, 419,
1273, 1497, 2353 HR 158 --Bryant, Caroline Hart; commend.......................................................................376 HR 159 --Grogan, Joanne; Miss Cobb County of 1993; commend.................................376 HR 160 --Gill, L. Carlton; commend...................................................................................376 HR 161 --Panzitta, Lenny; commend..................................................................................376 HR 162 --The DeKalb Ambassadors; commend................................................................376 HR 163 --Georgia State Defense Force; commend............................................................376 HR 164 --Department of Veterans Affairs; commend
national salute to hospitalized veterans .......................................................376 HR 165 --"The Word on Business"; commend ................................................................376 HR 166 --Rules of House; amend Rule 13.........................................................359, 554, 649 HR 167 --Richmond County; lease property; convey
property ...............................................................389, 419, 540, 715, 1978, 2120 HR 168 --Barrow County; grant easement....................................418, 449, 952, 1254, 1981 HR 169 --Harwell, Joe C.; commend...................................................................................395 HR 170 --University of Georgia 1992 football team and
head coach Ray Goff; commend....................................................................395 HR 171 --Hale, Carl Juan; commend..................................................................................396 HR 172 --Harwell, Jim; commend .......................................................................................396 HR 173 --Hunter, Jimmie Ruth; commend........................................................................396 HR 174 --Spain, Chester Lenore; commend.......................................................................396 HR 175 --Anchors, Beatrice Watson; commend................................................................396 HR 176 --Georgia Parent-Teacher Association; commend...............................................396 HR 177 --Cobb County; boards, commissions, and
authorities; urge adoption of ethics standards ..................................................................................418, 449, 523, 524 HR 178 --Nude dancing; regulation; General Assembly authorize by law - CA.............................................................................418, 449 HR 179 --Certain intoxicating liquors; prohibit
delivery in state - CA......................................................................419, 427, 449
HR 180 --Georgia Lead Poisoning Prevention Study
Committee; create.........................................................448, 523, 726, 852, 1875
HR 181 --Gingrich, Honorable Newt; commend and invite
to House............................................................................................427, 449, 503

2912

INDEX

HR 182 --Rabun County; sublease property...................................448, 523, 757, 848, 1875 HR 183 --Floyd County Armed Forces Day; commend....................................................440 HR 184 --Lost Mountain Middle School; commend.........................................................440 HR 185 --Jordan, Linton; commend....................................................................................440 HR 186 --Heath, Reverend Charles A.; commend.............................................................440 HR 187 --Miller, James Edo (Sonny); commend...............................................................440 HR 188 --Bigelow, Chief Deputy Don; commend..............................................................440 HR 189 --"Engineers Day" in Georgia; recognize February 9, 1993 .............................440 HR 190 --American Association of Retired Persons;
declare AARP Day at Capitol........................................................................440 HR 191 --Georgia Recreation and Park Association;
invite members to House ...............................................................504, 608, 622 HR 192 --Wright, Captain Jeffrey Stewart, U.S.M.C.;
condolences; invite family to House..............................................................504 HR 193 --General bills raising revenue; two-thirds vote
required - CA............................................................................................522, 562 HR 194 --General Assembly; limit number of general
bills by each member - CA.....................................................................522, 562 HR 195 --"Senior Georgians Week at the State Capitol";
recognize week of February 8 through February 12, 1993.........................505 HR 196 --King Harald and Queen Sonja of Norway; commend .....................................505 HR 197 --Atlanta, City of; Charter Review Commission;
create............................................................522, 562, 772, 952, 957, 1982, 2131 HR 198 --Williams, Ms. Jett; invite to House...................................................530, 628, 641 HR 199 --Keep Macon-Bibb Beautiful Commission; invite
representatives to House................................................................530, 628, 641 HR 200 --DeVillars, Chester and Selena Champion; commend ......................................530 HR 201 --Ivey, Mr. Lazelle; commend................................................................................530 HR 202 --Hodnett, Roy and Anne; commend....................................................................530 HR 203 --Hunter, Dr. and Mrs. Conway, Jr.; commend..................................................530 HR 204 --Marable, Blane; commend...................................................................................531 HR 205 --Breedlove, William Henry; commend................................................................531 HR 206 --Graysville Elementary School; commend..........................................................531 HR 207 --Powell, Mr. and Mrs. John Jay; commend .......................................................531 HR 208 --Mathis, Thomas Nelson, Sr.; commend ............................................................531 HR 209 --Mercer University Southern School of Pharmacy;
commend students ...........................................................................................531 HR 210 --Thompson, Lenita Katherine; commend...........................................................531 HR 211 --Harness Racing Week in Georgia; declare
March 26 - April 4, 1993; recognize Hawkinsville Harness Festival.......................................................................531
HR 212 --"African American Business Enterprise Day"; recognize February 11, 1993 ...........................................................................573
HR 213 --Scottdale Youth Athletic Association, Inc.; commend....................................531 HR 214 --Public Service Commission; governor appoint;
nominating commission; General Assembly provide by law - CA................................................................................561, 615 HR 215 --Metropolitan Atlanta Rapid Transit Overview Committee; amend repeal provisions....................................................561, 615 HR 216 --Edwards, Hallie Ward; commend.......................................................................552 HR 217 --Bacon, Brett; condolences....................................................................................573 HR 218 --Camden County High School Op-Ed Program; commend .............................573
HR 219 --Moultrie, Honorable Roy; commend..................................................................573
HR 220 --Georgia Tech; host for 1993 National
Collegiate Athletic Association's Women's Final Four basketball championship; commend .........................................573
HR 221 --Georgia Tech Lady Jackets basketball team; commend.................................574

INDEX

2913

HR 222 --University of Georgia College of Pharmacy students; commend ..........................................................................................574
HR 223 --Hyder, Coach Nick; commend............................................................................574 HR 224 --Jones, Bobby; invite to House ............................................................................574 HR 225 --Clarke Central High School 1992 football team;
invite to House.................................................................................574, 886, 896 HR 226 --Clarke Central High School; invite Coach Billy
Henderson to House .......................................................................574, 886, 896 HR 227 --University of Georgia 1992 football team and
Coach Ray Goff; commend and invite to House........................574, 726, 754 HR 228 --Hall County; convey property .........................................614, 635, 757, 875, 1614 HR 229 --Habersham County; convey property .............................614, 635, 757, 875, 1875 HR 230 --Delta Sigma Theta Sorority; invite members to
House.................................................................................................574, 946, 961 HR 231 --Kinney, Kevn, Tim Nielsen, Jeff Sullivan, and
Buren Fowler; commend.........................................................................622, 673 HR 232 --Kentucky Fried Chicken; commend for saving the Big Chicken ..................622 HR 233 --Carmack, Reverend L. Floyd; commend ...........................................................622 HR 234 --Homosexuals in military; urge Congress to
preserve ban prohibiting.........................................................................633, 670 HR 235 --Dooly County Youth Leadership Conference; commend................................627 HR 236 --Lord, Teresa; invite to House ............................................................641, 726, 754 HR 237 --Emergency care needs of rural elderly; urge
Long Term Care Technical Advisory Committee to study.................................................................................668, 725, 1334, 1779 HR 238 --Ringgold Lady Tigers 1992 varsity softball team; invite to House......................................................................641, 726, 755 HR 239 --Georgia School for the Deaf football team, coaches and staff; invite to House................................................641, 726, 755 HR 240 --Enterprise zones; certain tax treatment; General Assembly provide by law - CA.....................................634, 670, 1275 HR 241 --Community Right-to-Know Trust Fund; General Assembly provide by general law - CA ................................................669, 725 HR 242 --Joint Steering Committee for the Georgia General Assembly's Conference on Access to Health Care; create.............................................................669, 725, 1015, 1263 HR 243 --Ad valorem taxes; increase state levy - CA..............................................669, 725 HR 244 --House Communications Technology Study Committee; create ...............................................................669, 725, 1275, 1715 HR 245 --Luke, John Lewis; commend...............................................................................662 HR 246 --Spraggins, Cerelle; condolences ..........................................................................662 HR 247 --Haggray, Georgia Mae; commend.......................................................................662 HR 248 --Burnett, Grady F., Sr.; condolences...................................................................662 HR 249 --Williams, Bernard Wyatt; condolences..............................................................662 HR 250 --"Twelve Nights of Sacrificial Revival Service" and Reverend Hal P. McKinley, Sr.; commend..........................................662 HR 251 --Gruhn, Bobby; commend.....................................................................................662 HR 252 --Lithia Springs, Town of; re-establishment; commend ...........................................................................................................663 HR 253 --Firefighters' Recognition Day; 21st annual; commend...........................................................................................................663 HR 254 --Augusta Alumnae Chapter of the Delta Sigma
Theta Sorority; invite members to House...................................641, 875, 875
HR 255 --Home Instruction Program for Preschool
Youngsters (HIPPY); urge use .........................................669, 725, 1474, 1659
HR 256 --House of Representatives; relative to cliches
from well............................................................................................................675

2914

INDEX

HR 257 --Initiative petition; power to enact or reject amendments to the constitution - CA..................................................723, 778
HR 258 --Initiative petition; power to enact or reject statutes - CA.............................................................................................723, 778
HR 259 --Helton, Jimmy; compensate .............................................................723, 778, 1273 HR 260 --Federal funds for federally mandated programs;
urge Congress propose constitutional amendment .............................723, 778 HR 261 --Programs mandated locally by state; urge
General Assembly provide state funds .................................................724, 778 HR 262 --Programs mandated locally by state; 90 percent
state funding - CA...................................................................................724, 778 HR 263 --Winkler, Craig J.; compensate ...............................................724, 778, 1273, 1498 HR 264 --General Assembly; require quorum for countable day - CA..................724, 778 HR 265 --Marshall, Thurgood; United States Supreme
Court Justice; condolences..............................................................................687 HR 266 --Junior League of Cobb-Marietta; commend.....................................................687 HR 267 --Daniell, R. G.; condolences..................................................................................687
HR 268 --Technical and adult education in Georgia; fiftieth anniversary; commend .......................................................................687
HR 269 --Motor fuel tax; additional 5 cents per gallon - CA.................................724, 778 HR 270 --Motor fuel tax; urge use for any transportation purpose.......................724, 778 HR 271 --Motor fuel tax; appropriate for transportation
system - CA ..............................................................................................724, 778 HR 272 --Nutritional Freedom Day; declare February 17, 1993 ............................724, 778 HR 273 --Rogers, Roy and Dale Evans; commend............................................................755 HR 274 --Wickham, William C. "Billy"; condolences ......................................................755 HR 275 --Bellamy, Walt "Bells"; commend.......................................................................755 HR 276 --Nixon, Wiley T.; commend..................................................................................755 HR 277 --Wood, Sarah C.; commend ..................................................................................755 HR 278 --McEntyre, Wesley D.; commend........................................................................755 HR 279 --Nyman, Varina R.; commend..............................................................................755 HR 280 --Hurston, Michael; commend ...............................................................................755 HR 281 --Grogan, Anthony Q.; commend...........................................................................755 HR 282 --Hare, Cristi LaShea; commend...........................................................................756 HR 283 --Jones, Miss Rebecca Rhea; commend................................................................756 HR 284 --American Business Women's Association; Georgia
chapters; commend ..........................................................................................756 HR 285 --Liberty Baptist Church; commend.....................................................................756 HR 286 --Cobb County Association of Library Media
Specialists; commend.......................................................................................756
HR 287 --Cable television service to inmates; urge state correctional institutions not provide ....................................................................................777, 813, 952, 1060
HR 288 --State government; urge purchase of American madegoods.......................................................................................778, 813, 952
HR 289 --Adams, Ms. Ivy; invite to House .......................................................756, 823, 826 HR 290 --Counties and municipalities; debt incurred
through certificate of participation; prohibit - CA..................................................................................778, 813, 1335 HR 291 --Hayden, Dr. Linda; commend......................................................,......................805 HR 292 --Ford, Sherolyn; commend....................................................................................805 HR 293 --Green, Mr. and Mrs. Clarence; commend .........................................................805
HR 294 --Pelote, Piccola 0.; commend...............................................................................805
HR 295 --Doe, Hattie; commend..........................................................................................805
HR 296 --Dangerfield, Coleman W., Jr., Ph.D.; commend ..............................................805
HR 297 --Wright, Captain Jeffrey Stewart, U.S.M.C.; condolences...............................805
HR 298 --Owen, Dr. Mary Jane; commend........................................................................805

INDEX

2915

HR 299 --North Cobb High School marching band; commend ......................................805 HR 300 --Gunter, John E., Ph.D.; commend .....................................................................805 HR 301 --Smithmier, Reverend Claude; commend...........................................................805 HR 302 --Arbor Day in Georgia; commend........................................................................805 HR 303 --Olympic Challenge in schools; urge State Board
of Education create .................................................................................778, 813 HR 304 --Royal, Nancy; invite to House ...........................................................824, 863, 870 HR 305 --Danford, Richard; commend ...............................................................................826 HR 306 --McKinney, Honorable Cynthia Ann; invite to
House.................................................................................................825, 863, 870 HR 307 --Royal, Nancy; commend......................................................................................826 HR 308 --Ford Motor Company; commend Hapeville plant...........................................826 HR 309 --Raffles by nonprofit organizations; provisions - CA...............................861, 885 HR 310 --Certain parks and recreation lands; development;
urge Congress appropriate funds...........................................................861, 885 HR 311 --United States Army Corps of Engineers; urge
remaining in Savannah.......................................................862, 885, 1964, 2552 HR 312 --Ransom, Brian; invite to House.........................................................825, 946, 961 HR 313 --Lewis, Morris "Mo"; invite to House................................................825, 946, 961 HR 314 --Dent, Richard "Sackman"; invite to House.....................................825, 946, 961 HR 315 --Coleman, Marco; invite to House ......................................................825, 946, 961 HR 316 --Clay, Willie "Big Play"; invite to House..........................................825, 946, 962 HR 317 --Gant, Kenneth "The Shark"; invite to House.................................825, 946, 962 HR 318 --Lucas, David, Jr.; invite to House.....................................................825, 946, 962 HR 319 --Berenato, Coach Agnus of Georgia Tech; commend .......................................826 HR 320 --Fowlkes, Coach Buddy of Georgia Tech; commend........................................826 HR 321 --Blackmon, Coach Puggy of Georgia Tech; commend......................................826 HR 322 --Morris, Coach Jim of Georgia Tech; commend................................................826 HR 323 --Adjournment; relative to.............................................................................847, 856 HR 324 --Acree, Renva Smith; invite to House.................................................................826 HR 325 --Freeman, Dr. Thomas Jefferson; commend......................................................826 HR 326 --Strong, Dora L.; commend ..................................................................................826 HR 327 --Tucker, Don, Sally Dunn, Reginald Barry, and
Zack Wade; invite to House...........................................................825, 863, 870 HR 328 --Rules of House; amend Rule 11 .........................................................................862 HR 329 --Rules of House; amend Rule 11 .........................................................................862 HR 330 --Amtrak; certain proposed rail service;
endorse...................................................812, 863, 1101, 1271, 2034, 2433, 2718 HR 331 --Study Committee on Employee Training in the
Construction Industry; create ...........................................862, 885, 2204, 2537 HR 332 --Joint Commission on Legislative Information
Management; create ...................................................862, 885, 962, 1470, 2147 HR 333 --Acree, Renva Smith; invite to House.................................................................870 HR 334 --Cobb Countywide Citizens Advisory Council; commend................................898 HR 335 --Mathis, Frances Miller; commend......................................................................898 HR 336 --Russell, Fielding; condolences.............................................................................898 HR 337 --Gunter, Honorable Jack N.; commend ..............................................................898 HR 338 --Mathis, James E., Sr.; commend........................................................................898 HR 339 --Selph, Shirley; compensate .........................................................................950, 988 HR 340 --Atlanta Paralympic Organizing Committee;
commend; invite president G. Andrew Fleming toHouse............................................................................................960,962, 969
HR 341 --Trion High School; industrial arts classes;
invite to House .................................................................................................960
HR 342 --Nunn, Mr. G. Francis; commend........................................................................973
HR 343 --Bray, Ann Irwin; condolences .............................................................................973
HR 344 --Tucker, Nezzie Bell Lastinger; commend .........................................................973

2916

INDEX

HR 345 --Midtown Atlanta Day; commend .......................................................................974 HR 346 --Ford Motor Company's Atlanta assembly plant;
commend; invite representative to House ...............................960, 1604, 1682 HR 347 --Kennesaw State College; urge Board of Regents
expand graduate level programs in education...................................988, 1042 HR 348 --Jester's Creek Bicycle Trail in Clayton
County; support development..............................................................988, 1042 HR 349 --Speakers of the State Houses of Assembly of
Nigeria; invite to House .............................................................960, 1240, 1259 HR 350 --Rules of House; amend Rule 11 .........................................................................988 HR 351 --House Study Committee on Decentralization of
State Government; create..............................................1041, 1106, 1816, 1890 HR 352 --Foster Parents Association of Georgia; commend .........................................1026 HR 353 --Manuel, Woody; commend................................................................................1027 HR 354 --Barnette, Samuel Monroe; commend...............................................................!027 HR 355 --Child Nutrition Employee Appreciation Day;
designate...........................................................................l041, 1106,1273, 1559 HR 356 --DeKalb Diversion Center; urge Department of
Corrections rename J. E. (Jimmy) Helms Diversion Center .............................................................1105, 1245, 1280, 1662 HR 357 --Bartow County; convey property ...........................................................1105, 1245 HR 358 --House Third School Meal Study Committee; create.....................................................................................................1105, 1245 HR 359 --Wilber, Joseph E., M. D.; commend......................................................l068, 1252 HR 360 --Regional development centers; ratify certain transfers............................................................................!244, 1279, 1281, 1507 HR 361 --Tifton, City of, and Tift County; commend...................................................1113 HR 362 --Carl, Town of; commend....................................................................................H13 HR 363 --Catoosa County Cooperative Extension Education Center; commend staff ..................................................................................1113 HR 364 --1992 Mustang All-Stars; invite to House........................................................1113 HR 365 --Michels, Stephanie; invite to House............................................lll3, 1275, 1292 HR 366 --Parton, Dolly; commend ....................................................................................1113 HR 367 --Vulcan Materials Company; commend............................................................1113 HR 368 --Hammond, Joan Crawford; commend.............................................................1113 HR 369 --Mann, Honorable Harold; commend ...............................................................1113 HR 370 --1992 Mustang All-Stars; commend ..................................................................1113 HR 371 --Murray County High School wrestling team; invite to House...............................................................................................1258 HR 372 --Burton, Dr. Glenn W.; invite to House.......................................l259, 1280, 1292 HR 373 --Jones, Diane Carol; commend...........................................................................1258 HR 374 --Fulton County Recreation Study Commission; create ......................................................................1278, 1345, 2027, 2030, 2353 HR 375 --Savannah St. Patrick's Day Parade; invite grand marshal and general chairman to House ........................................1258 HR 376 --Campbell High School; winning team in state-wide Stock Market Game; commend ................................................1258 HR 377 --Morrow, City of; commend................................................................................!258 HR 378 --Clayton County Greenway Council; commend...............................................1258 HR 379 --Cobb County Police Department's Community Oriented Police Enforcement (COPE) program; commend .........................................................................................................1258
HR 380 --LEGACY; a coordinated environmental education
project; commend........,..................................................................................1258
HR 381 --Neighborhood Cobb; commend.........................................................................l259
HR 382 --Johnson Gresham Bridge; designate ...........................................1278, 1345, 1476
HR 383 --Lucius D. Clay Memorial Parkway; designate...........................!278, 1345, 1476

INDEX

2917

HR 384 --State government; request plan to reduce personnel expense ................................................................................1278, 1345
HR 385 --Sullivan, Dr. Louis W.; invite to House......................................l259, 1280, 1292 HR 386 --Union Camp Corporation; commend...............................................................1296 HR 387 --House Study Committee on Postsecondary
Technical and Adult Education Finance; create......................................................,..........................1343, 1479, 1773, 2038 HR 388 --Board of Regents; full-time employees; urge tuition remission........................................................................1343, 1479, 1759 HR 389 --Thames, Elaine; Lake Harbin Elementary School counselor; invite to House........................................................l296, 1753, 1773 HR 390 --Bellamy, Walt; invite to House.........................................................................l296 HR 391 --Gray, Rebecca Newkirk; condolences ..............................................................1296 HR 392 --Taylor, Foster C.; commend..............................................................................l296 HR 393 --Coats and Clark Pelham Mill; commend........................................................1296 HR 394 --Meyer, Karel Lea and Gregory Gray Biggs; commend.................................1297 HR 395 --Jordan, Dr. Carl Rankin; commend.................................................................1297 HR 396 --Bryan, Lois Stringer; commend.........................................................,..............1297 HR 397 --Darden, Congressman George (Buddy); invite to House...........................................................................................l296, 1346, 1354 HR 398 --Education Accountability and Evaluation Commission; create.........................................................1279, 1345, 1474, 1693 HR 399 --Georgia Division of the Sons of Confederate Veterans; commend........................................................................................1296 HR 400 --Dick Lane Bridge and Lt. Harold "Pinky" Durham Medal of Honor Highway; designate ...................1344, 1422, 1479, 1644, 2064, 2319 HR 401 --State health insurance system; General Assembly provide by general law - CA ............................................1344, 1479 HR 402 --Geo. L. Smith II Georgia World Congress Center; activities on sidewalks; relative to............................1344, 1479, 1506 HR 403 --Georgia Civil War Resources Commission; create...............................!344, 1479 HR 404 --Atlanta Chapter of the National Black MBA Association; commend ...................................................................................1422 HR 405 --Camp, Herbert Preston, Sr.; commend ...........................................................1422 HR 406 --Silver-Haired Legislature; commend................................................................1422 HR 407 --Walker, Senator Eugene P.; commend............................................................1422 HR 408 --South Cobb 8th Grade Basketball Team; commend.....................................!422 HR 409 --South Cobb 7th Grade Basketball Team; commend.....................................l422 HR 410 --Honey Price Support Program; urge Agriculture Secretary and Congress support...................................1344, 1479, 1505, 1885 HR 411 --R. G. Daniell, Sr., Memorial Highway; designate.....................................................................................1479, 1603, 1646 HR 412 --Sherman, Lowry; commend...............................................................................1495 HR 413 --Strickland, Judge Walter Virgil; commend........,............................................1495 HR 414 --Rogers, Mandy; commend .................................................................................1495 HR 415 --DeLoach, Judge Harry R.; commend...............................................................1495 HR 416 --Nance, Erin Nicole; invite to House ...........................................1499, 1773, 1773 HR 417 --Military activity not authorized by Congress; urge Congress not fund.......................................................................1479, 1603 HR 418 --Streat, Wilbur Kevin; commend.......................................................................!495 HR 419 --John Marshall Law School; commend.............................................................1495 HR 420 --Lay, James and Lorene; commend...................................................................1495
HR 421 --Winder First Baptist Church; commend.......................................................,.1495
HR 422 --Homestead exemption; urge study by Joint Study
Commission on Revenue Structure...................................................1601, 1704
HR 423 --Reece, Mary; commend......................................................................................l495
HR 424 --Adjournment; relative to.........................................................................1554, 1594

2918

INDEX

HR 425 --International Association of Lions Clubs; commend.....................................1495 HR 426 --House Interagency Collaboration for School
Based Services to Youth Study Committee; create........................!602, 1704 HR 427 --State auditor; nomination and election;
provide ..............................................................................1634, 1753, 1780, 2353 HR 428 --Local option sales tax without decrease in
property tax; provide - CA.................................................................1602, 1704 HR 429 --Cobb County and the Cobb County Amateur
Athletic Commission; commend...................................................................1646 HR 430 --Briglevich, Rose, M. D.; commend...................................................................1646 HR 431 --McEachern High School wrestling team; commend......................................l646 HR 432 --North Hall High School Wrestling Team; commend....................................1646 HR 433 --Hartsfield Atlanta International Airport; urge
designation of import and export equine facility ...............................................................................1702, 1758, 1778, 2034 HR 434 --Raffles by nonprofit organizations; provisions - CA...........................1703, 1758 HR 435 --Gearing, Reverend and Sister C. D., Jr.; commend.......................................1646 HR 436 --Certain parks and recreation lands; development; urge Congress appropriate funds............................................1603, 1704, 1753 HR 437 --Acree, Jack K.; commend..................................................................................1722 HR 438 --Hart County Probation Detention Center; urge renaming as "Bobby Joe Whitworth Probation Detention Center" .....................................................................1757, 1821, 2183 HR 439 --Motley, Pearl; commend..........................................................................-.........1722 HR 440 --Dalton High School Boys Swimming and Diving Team; commend ........................................................................1773, 1773, 1773 HR 441 --Georgia Historic Preservation Study Commission; create..............................................................................1758, 1821 HR 442 --Stanley, Ethel Francis; invite to House......................................l773, 1965, 2150 HR 443 --Citizens for Environmental Justice and their Emergency Environment Summit; commend............................................1789 HR 444 --Rothschild, Jac H.; condolences .......................................................................1789 HR 445 --Physician's Care Clinic; commend ...................................................................1789 HR 446 --Daniel, Ann Parham; commend........................................................................l789 HR 447 --Forbes, Richard M.; condolences......................................................................!789 HR 448 --Kindberg, Michael S.; commend ......................................................................1789 HR 449 --Key, Henry; condolences....................................................................................!789 HR 450 --Lawrence, Deborah; commend..........................................................................1789 HR 451 --Public Health Nurse Day in Georgia; designate............................................1789 HR 452 --Hawthorne Challenge; commend......................................................................1837 HR 453 --Moorehead, Samuel Nathan; commend..........................................:................ 1837 HR 454 --Dreibrodt, Brittany Danielle; commend............-.............................................1837 HR 455 --Smith, Johnnie Belinda; condolences ..............................................................1837 HR 456 --Dublin Against Drugs; commend......................................................................1837 HR 457 --Murrayville Gathering; commend.....................................................................1837 HR 458 --McCoy, P. B.; commend ....................................................................................1837 HR 459 --Perkins, Carrie; commend.................................................................................1837 HR 460 --Gaines, Odessa; commend..................................................................................l837 HR 461 --Winder, City of; centennial; commend............................................................1837 HR 462 --Chamblee Clean and Beautiful; commend......................................................l837 HR 463 --Barber, Mrs. Janette McGarity; place portrait in capitol...........................................................................!820, 1861, 1866, 2204
HR 464 --Morrow High School Lady Mustangs; invite to
House...........................................................................................l879, 1969, 2018
HR 465 --Georgia Coastal Plain Experiment Station;
commend faculty and staff...........................................................................1896
HR 466 --Education Accountability and Evaluation

INDEX

2919

Commission; create ........................................................................................1879 HR 467 --Land acquisition; urge consideration of
certain metropolitan Atlanta sites...............................................................1879 HR 468 --Head, Patrick H.; commend..............................................................................!896 HR 469 --Oslin, George Poer; commend...........................................................................1896 HR 470 --Ward, Carol Coker and William Cleveland IV; commend ...........................1896 HR 471 --Wada, Mitsushi; commend ................................................................................1897 HR 472 --Malone, William Key "Pete"; commend.........................................................1897 HR 473 --Haisten, Kathryn Elizabeth Pope; commend .................................................1897 HR 474 --Oscar, Joyce; commend......................................................................................1897 HR 475 --Plummer, Annie; commend ...............................................................................1897 HR 476 --Jenkins, Brother Herbert; commend ...............................................................1897 HR 477 --Johnson, Nathaniel McKinley; commend.......................................................1897 HR 478 --Griffin Bears 1992 basketball team; commend ..............................................1897 HR 479 --Hobbs, Dwayne; commend ................................................................................1897 HR 480 --Kroger Stores of Georgia; commend................................................................1897 HR 481 --Hood, Marsha; commend.................................................................,.................1897 HR 482 --Smoky Mountain Jubilee Country Music Show; commend.........................1897 HR 483 --Music In Our Schools Month and Music Week;
commend observance at certain schools.....................................................1897 HR 484 --John, Dr. Fares; commend.................................................................................l898 HR 485 --McCutchen, Joe K., Jr.; commend ...................................................................1898 HR 486 --Harrington, Young Joe (Jay), IV; commend.......,...........................................1898 HR 487 --Henry County School System; commend..........................,.............................1898 HR 488 --Jones, John Paul; commend..............................................................................l898 HR 489 --Marietta High School Blue Devils 1992 football
team; commend..............................................................................................1898 HR 490 --Moore, Dr. Alan A., Jr.; condolences...............................................................1898 HR 491 --Atlanta Athletic Club; commend,.....................................................................1898 HR 492 --Powell, Anne H.; commend...............................................................................1898 HR 493 --Murray, Kay; commend.....................................................................................1898 HR 494 --Mallard, Reverend Cyrus S., Jr.; commend....................................................l898 HR 495 --Martin, Reverend Kenneth B.; commend.......................................................1898 HR 496 --LaFace Records; commend................................................................................l898 HR 497 --Clayton County Olympic Coordinating Committee
and the Atlanta Committee for Olympic Games; commend efforts to secure 1996 Olympic Women's Fast-Pitch Softball Event............................................................................. 1899 HR 498 --Whiddon, Sheriff Preston Lamar; condolences...........................,..................1984 HR 499 --Westover High School basketball team; invite toHouse......................................................................................!986, 2141, 2150 HR 500 --Deerfield-Windsor girl's basketball team; commend.....................................l984 HR 501 --Albany, City of; the "City of Champions"; commend; urge future basketball tournaments be held there ..............................................................................1986, 2141, 2150 HR 502 --International Longshoremen Association Local 1414; commend...............................................................................................1984 HR 503 --DeLoach, Honorable James M.; commend .....................................................1984 HR 504 --Childhood immunization program; urge use of certain federal funding..................................................................,...............1984 HR 505 --Mack, Juanita R.; condolences..........................................................................l984 HR 506 --Davis, Leon; commend .......................................................................................1984
HR 507 --Smith, T. A.; condolences..................................................................................!984
HR 508 --Hall, James B.; Ambassador of Goodwill for
HIV/AIDS; commend ....................................................................................1984
HR 509 --Lewis, Rosa Mae; commend..............................................................................1985
HR 510 --Byrd, J. D.; commend ........................................................................................1985

2920

INDEX

HR 511 --Warsaw Ghetto Uprising; fiftieth anniversary; commend............................1985 HR 512 --Rockdale County Emergency Medical Service; commend............................1985 HR 513 --The Winder News; commend............................................................................!985 HR 514 --Council on Battered Women; commend..........................................................1985 HR 515 --Rules of House; amend Rule 11 .......................................................................1986 HR 516 --House Education Reform Study Committee; create .....................................1986 HR 517 --O'Riley, David N.; condolences.........................................................................!985 HR 518 --Roberts, Corbin; commend................................................................................1985 HR 519 --Pasley-Fletcher Funeral Home of Thomaston; commend ............................1985 HR 520 --Bazemore, Hawley T.; condolences..................................................................1985 HR 521 --Jett, Lowell K.; commend...................................................,..............................1985 HR 522 --Haralson County Chamber of Commerce; commend ....................................2150 HR 523 --Campbell, David L.; commend..........................................................................2150 HR 524 --Schultz, Jackson Bradley; commend................................................................2151 HR 525 --Towery, Maurice J. "Buddy"; commend.........................................................2151 HR 526 --Inman, Hugh; commend.....................................................................................2151 HR 527 --Cherry, William, Jr.; commend.........................................................................2151 HR 528 --Moss, James; commend......................................................................................2151 HR 529 --Johnson, Coach Jimmy; commend ...................................................................2151 HR 530 --Wilkes, Coach Vernon; commend.....................................................................2151 HR 531 --Hawthorne Civic Association; commend .........................................................2151 HR 532 --Cullen, Lynn; commend .....................................................................................2151 HR 533 --Dresden Elementary School Chorus; commend .............................................2151 HR 534 --Blakely, City of; commend................................................................................2151 HR 535 --Maslia, Victor D.; condolences..........................................................................2151 HR 536 --Tolbert, Ed and the National Livestock Grading
and Marketing Association; commend........................................................2151 HR 537 --Brooks, Marcus Ramon; commend...................................................................2152 HR 538 --Georgia State Association of the Improved
Benevolent Protective Order of Elks of the World; commend .....................................................................................2152 HR 539 --Rules of House; amend Rule 11 .......................................................................2155 HR 540 --National Federation of Independent Business; commend............................2152 HR 541 --Adjournment; relative to.........................................................................2182, 2202 HR 542 --Humphreys, John D. (Dave); commend..........................................................2152 HR 543 --LaFace Records; commend................................................................................2152 HR 544 --Cope, Tony; commend........................................................................................2152 HR 545 --Barton, Tom; commend .....................................................................................2152 HR 546 --Cantrell, Madison Emily; commend.................................................................2152 HR 547 --Walton County Volunteer Fire Department; commend ...............................2152 HR 548 --Monroe, City of; Volunteer Fire Department; commend .............................2152 HR 549 --Monroe, City of; Police Department; commend.............................................2152 HR 550 --Monroe, City of; Water, Light, and Gas Commission; commend................2152 HR 551 --Walton County Sheriffs Department; commend...........................................2152 HR 552 --Conaway, Noel; commend..................................................................................2153 HR 553 --Whitworth, Bobby Joe; commend; urge renaming Hart County Probation Detention Center as "Bobby Joe Whitworth Probation Detention Center"...................................................2153 HR 554 --Jones, Joy; commend..........................................................................................2153 HR 555 --Board of Regents; limitations upon appropriations - CA.............................................................................2140, 2344 HR 556 --Saliba, Dr. Elias; condolences ...........................................................................2153
HR 557 --Foster, Sheriff Joe E.; commend......................................................................2153
HR 558 --Bailey, Honorable Geraldine; commend..........................................................2153
HR 559 --Bailey, Bonnie; commend ..................................................................................2153
HR 560 --Hart County High School Lady Bulldogs
basketball team; commend ...........................................................................2153

INDEX

2921

HR 561 --Foster, Terri; commend.....................................................................................,2153 HR 562 --Downs, Dr. Harry Sims; commend...................................................................2153 HR 563 --Public Safety Department; career concerns of
certain personnel; urge Board review..........................................................2343 HR 564 --Rabun County; convey property.......................................................................2343 HR 565 --Gainesville High School 1992 girls basketball
team; commend ..............................................................................................2153 HR 566 --McKelvey, Forrest L.; commend ......................................................................2153 HR 567 --"Johnny Mercer Day" in Georgia; declare April 19, 1993..........................2154 HR 568 --John Marshall Law School; commend.............................................................2154 HR 569 --Venema, William H. "Bill"; commend ............................................................2154 HR 570 --Allison, H. B. "Bard"; commend ......................................................................2154 HR 571 --Young, Patricia Tarver; commend ...................................................................2154 HR 572 --Ponder, Margaret Greene; condolences...........................................................2154 HR 573 --Winder-Barrow High School girls basketball team; commend....................2154 HR 574 --Waycross Woman's Club; commend ................................................................2154 HR 575 --Ayers, Herman Poole; commend ......................................................................2154 HR 576 --McCurley, John 0.; commend...........................................................................2154 HR 577 --Chastain, Fred; commend..................................................................................2154 HR 578 --Sons of Confederate Veterans; commend........................................................2155 HR 579 --Development impact fees for educational
facilities; General Assembly provide by law - CA.....................................2343 HR 580 --Patty, Kimberly Elaine; commend...................................................................2354 HR 581 --Henderson, James House, III; commend.........................................................2354 HR 582 --Mills, Jason Bishop; commend .........................................................................2354 HR 583 --Morgan, Wendy Elizabeth; commend..............................................................2354 HR 584 --The Bushmen; commend ...................................................................................2355 HR 585 --Brantley County Heron Pride Band; commend.............................................2355 HR 586 --Little Friendship Missionary Baptist Church; commend.............................2355 HR 587 --Thankful Baptist Church; commend...............................................................2355 HR 588 --Ellis, Jodi LeDeana; commend .........................................................................2355 HR 589 --Eckles, Douglas Glenn; commend ....................................................................2355 HR 590 --Huntsman, Jayson Kyle; commend..................................................................2355 HR 591 --Hunstein, Honorable Carol W.; commend......................................................2355 HR 592 --Fannin County 9 and 10 year old Girls
Basketball Team; commend .........................................................................2355 HR 593 --Fannin County High School Lady Rebels; commend ...................................2355 HR 594 --Dunwoody High School "Wildcats" football team; commend.....................2355 HR 595 --Rome News-Tribune; commend .......................................................................2355 HR 596 --Perry, Robert Westbrook; commend................................................................2355 HR 597 --Byne Lady Saints Basketball team; commend...............................................2356 HR 598 --Sutton, William Jefferson "Billy"; commend .................................................2356 HR 599 --Maddox, Claude; commend ...............................................................................2356 HR 600 --North Clayton Senior High School Band and
director Vincent K. Rosse; commend .........................................................2356 HR 601 --Byrd, Lt. William Zack; commend...................................................................2356 HR 602 --Sons of Confederate Veterans; commend........................................................2356 HR 603 --Tallant, Emily H.; condolences.........................................................................2356 HR 604 --Alpha Zeta Chapter of Chi Phi Fraternity at
West Georgia College; commend .................................................................2356 HR 605 --Bonner, Timothy "Tim" K.; condolences .......................................................2356 HR 606 --Pari-mutuel wagering; General Assembly
regulate by law - CA......................................................................................2343
HR 607 --North Clayton High School Boys Basketball
Team; invite to House...................................................................................2356
HR 608 --Oakhurst Church; commend..............................................................................2356
HR 609 --Ad valorem taxation of farm equipment; General

2922

INDEX

Assembly provide by law - CA.....................................................................2343 HR 610 --Adjournment; relative to .........................................................................2504, 2562 HR 611 --Media ethics and error panel; urge journalists
to support........................................................................................................2669 HR 612 --Williams, Honorable J. D.; commend ..............................................................2356 HR 613 --Georgia Youth Assembly; commend students
selected as officials.........................................................................................2357 HR 614 --Hall, Sheriff Marcus L.; condolences...............................................................2357 HR 615 --Smith, Fred; commend.......................................................................................2357 HR 616 --Carter, Charles Q.; commend ............................................................................2357 HR 617 --McLendon, Annie; commend ............................................................................2357 HR 618 --Underwood, James E.; commend......................................................................2357 HR 619 --Steele, Sadie Davis; commend ..........................................................................2357 HR 620 --White, Benjamin B.; commend.........................................................................2357 HR 621 --Danford, Alison Ann; commend .......................................................................2357 HR 622 --Wiggins, Clifton A., Sr.; condolences...............................................................2357 HR 623 --Moseley, Harry K.; commend ...........................................................................2357 HR 624 --Palmer, Adam Star; commend..........................................................................2357 HR 625 --Yahaya, Dauda; commend .................................................................................2358 HR 626 --Olugbemi, Dr. Steve; commend ........................................................................2358 HR 627 --Garba, Caleb; commend .....................................................................................2358 HR 628 --Holt, Reverend James M.; commend...............................................................2358 HR 629 --Austin, Richard M.; commend..........................................................................2358 HR 630 --Camp, Randolph W.; commend........................................................................2358 HR 631 --Antioch East Baptist Church of Atlanta; commend .....................................2358 HR 632 --Greater Piney Grove Baptist Church; commend ...........................................2358 HR 633 --Daniell, Sharla; commend..................................................................................2358 HR 634 --Collins, Wilma; commend..................................................................................2358 HR 635 --Public parks and recreation lands in Georgia; commend.............................2358 HR 636 --Peebles, Grover C.; condolences.......................................................................2358 HR 637 --Waters, Gary; commend.....................................................................................2359 HR 638 --Cross, James A.; commend................................................................................2359 HR 639 --Israel Baptist Church; commend......................................................................2359 HR 640 --Hinely, Eugene A.; condolences........................................................................2359 HR 641 --Johnston, Calvin; commend ..............................................................................2359 HR 642 --Tucker, Henry Roy; commend..........................................................................2359 HR 643 --Saxon, Austin; commend ...................................................................................2359 HR 644 --Knight, Bill; condolences ...................................................................................2359 HR 645 --Raines, Fred; commend......................................................................................2359 HR 646 --Christian, Florence "Tid" Coker; condolences...............................................2359 HR 647 --Women of Distinction Social Club of Sylvester; commend..........................2359 HR 648 --"Georgia Blueberry Week"; recognize.............................................................2359 HR 649 --Shealy, Mathew Mason; commend...................................................................2359 HR 650 --LaFayette, City of; commend officers and employees ..................................2360

PART IV
SENATE BILLS IN HOUSE
SB 1 --Child abuse reports; child fatality review subcommittees; Child Abuse Prevention Panel; sexual abuse of minor defined....................................672, 673, 725, 1860, 2217, 2714
SB 2 --Child abuse reports; access; sexual abuse of minor defined....................................................672, 673, 725, 1860, 2227, 2714
SB 3 --Deprived children; disposition; certain prosecution; evidence of family violence or child abuse...................................................................672, 673, 725, 1860, 2230, 2714
SB 4 --Fair and Open Grants Act; enact .................................................1351, 1353, 1479 SB 5 --Budget estimates; five-year plans; Agency
Review Act; enact............................................................................866, 867, 885 SB 6 --Seat belts; children under age 16 .......................................................305, 306, 335 SB 7 --Bicycle safety; children as passengers;
helmet requirements; persons under age 16...............................305, 306, 335, 1965, 2225, 2714
SB 8 --Property; proposed state acquisitions and leases; reports...................................................................................866, 868, 885
SB 9 --State agencies; purchasing guidelines; recycled materials.............................................637, 638, 670, 1241, 1999, 2147
SB 11 --Motorized Wheelchair Warranty Act; enact ....................................393, 394, 419, 1334, 1719, 1829
SB 12 --Firearms sales; records checks ............................................................422, 423, 449 SB 13 --Stalking and aggravated stalking; define
offenses; conditions for pretrial release ......................................347, 365, 391, 1816, 2004, 2202, 2335
SB 14 --Alcoholic beverages; sales by coliseum authorities......................................................................422, 424, 449, 807, 1298
SB 15 --Physicians; surgery and invasive procedures; repeal limitation..........................................................958, 959, 988, 1334, 1834
SB 16 --Boat Safety Act; registration decals; restrictions on Chattahoochee River...........................................672, 673, 725, 1274, 1790, 1876
SB 17 --Health insurance; multiple employer self-insured plan; nonprofit educational organizations; licensing exemption......................................................423, 424, 449, 945, 1748
SB 18 --Agriculture Department; assist United States Department of Agriculture in product inspection............................617, 618, 635, 663, 1716
SB 19 --Water pollution; combined sewer overflow system; sanctions ........................................................336, 337, 359, 1778, 1882
SB 20 --Diatetics Practice Act; enact.....................................................820, 821, 863, 2140 SB 21 --Columbia County; board of education;
districts.............................................................................!28, 130, 173, 285, 285

2924

INDEX

SB 22 --Columbia County; board of commissioners; di8tricts.............................................................................l28, 130, 173, 300, 300
SB 23 --Columbia County; board of elections; create ........................................................................128, 130, 173, 300, 301, 365
SB 24 --Recreational bingo; provisions ..................................................455, 455, 523, 1964 SB 25 --Licensed practical nurses; licensure ..................................................453, 455, 523,
772, 1718, 1829 SB 26 --Public assistance; revise services...................................672, 674, 725, 1043, 1780,
1899, 2184, 2436, 2510, 2536, 2709, 2719 SB 27 --Driver's license; administrative suspension
for driving under the influence; first offense.....................................................................................526, 527, 562, 2140 SB 28 --Ignition interlock device; condition of probation for driving under the influence ..........................................526, 527,
562, 1965, 2423, 2714 SB 29 --Planning and Budget employees; unclassified
service; Governor's Development Council; revise...................................................................305, 306, 335, 2134, 2500, 2714 SB 30 --Defense Finance and Accounting Services facility; establish.....................................................394, 394, 419, 513, 546, 617 SB 31 --Cobb Judicial Circuit; add judge ........................................................337, 338, 359 SB 32 --Civil practice; dismissal of certain actions; time..............................526, 527, 562 SB 33 --Appeals; motion for new trial; time extension..................................526, 527, 562 SB 36 --Common-law marriage; prohibit after certain date ..............................................................................................1287, 1289,1345 SB 38 --Highways; weight of vehicle loads; compliance ................................453, 456, 523 SB 41 --Torts; certain voluntary services for public schools .........................................................................................1048, 1049, 1106 SB 43 --Quality basic education; add certain goals to Act .............................................................................................364, 365, 391, 945 SB 45 --State Board of Education; hearings; notices...........................................................................364, 365, 391, 1752, 2493 SB 47 --Motor vehicle insurance; glass replacement or repair.............................................................................820, 821, 863, 1753, 1991 SB 48 --Psychologists; practicing without license; penalty..........................................................................820, 822, 863, 1334, 1793 SB 49 --Health and mental health; amend provisions....................................................................................l351, 1353, 1479 SB 51 --State Forestry Commission; unpaid volunteers; authorization....................................................................364, 366, 391, 806, 970 SB 52 --Commercial driver's license; operating vehicle without; penalties...............................................................526, 527, 562 SB 53 --Merit system; sick leave; provisions...........................................567, 569, 615, 856 SB 61 --Chiropractors; scope of practice; amend provisions...........................................................453, 456, 523, 1345, 1792, 2354 SB 62 --Jury panels; civil actions; dollar amount...........................................672, 674, 725 SB 63 --Domestic relations; certain actions; seminar.....................................526, 528, 562 SB 64 --Open meetings; Pardons and Paroles Board; inspection of votes.........................................................................997, 999, 1042 SB 65 --Peace Officer and Prosecutor Training Fund; certain annual disbursements..................................................l488, 1492, 1603 SB 70 --Administrative proceedings; public record;
state agency stationery; telephone number ................................394, 394, 419,
1241, 2058, 2064, 2284, 2285, 2699, 2719
SB 71 --State flag; change design................................................................!594, 1619, 1704
SB 72 --Mandatory education; age requirement.............................................527, 528, 562
SB 73 --Council for School Performance; create .................................567, 569, 615, 1273,

INDEX

2925

1459, 1981, 2322, 2338, 2437, 2627, 2719 SB 74 --Charter schools; provisions ...................................568, 569, 615, 1474, 1805, 1980 SB 75 --Glynn County; state court solicitor;
compensation...................................................................337, 338, 359, 391, 393 SB 76 --Supreme Court; certain judgments; last 15
days of term......................................................423, 424, 449, I860, 2188, 2715 SB 78 --Statesboro, City of; corporate limits..........................................................304, 306,
335, 1705, 1706 SB 83 --Firemen's Pension; amend provisions .......................................................888, 890,
951, 1240, 1717 SB 85 --Federal tax liens; filing; superior court
clerk..............................................................................453, 456, 523, 1964, 2549 SB 87 --Probation fees; waiver; amendment; sanctions
for failure to pay.............................................................423, 424, 449, 540, 970 SB 88 --Speech-language pathologists and audiologists;
licensing; exemption; provisional licenses...................................568, 569, 615, 976, 1722, 1829
SB 89 --State government; certain employee complaints; provisions................................................453, 456, 523, 1964, 2480
SB 90 --Highways; designated travel lanes; penalties for violations of use..........................................453, 456, 523, 1101, 1785, 1979
SB 91 --State Tollway Authority; property; toll provisions; penalties.........................................454, 456, 523, 1101, 1834, 1979
SB 92 --Unattended vehicles; removal from roadways; amend provisions..................................998, 999, 1042, 1476, 1787, 1966, 2321
SB 93 --Ride-sharing programs; financial support by Department of Transportation .................................454, 457, 523, 1101, 1835
SB 96 --Fulton County; library facility; discontinuation............................................................750, 753, 779, 1705, 1707
SB 97 --Purchasing in certain counties; bid provisions; amend.............................................637, 638, 670, 1821, 1823, 2149
SB 99 --Death investigations; definitions; medical examiner; notification.......................................................998, 1000, 1042, 2140
SB 102 --Boards of elections in certain counties; abolish...............................................................................568, 569, 615, 813, 815
SB 103 --Workers' Compensation Board; access to records of fatal cases ................................................................568, 569, 615, 1101, 1838
SB 104 --Lottery prizes; setoff debt collection; establish procedures.........................................617, 618, 635, 1815, 1885, 2147
SB 105 --Residential Security Deed Act; enact ............................................997, 1000, 1042 SB 106 --Mortgage lenders and mortgage brokers;
licensing provisions .........................................................................672, 674, 725 SB 108 --Professions and businesses; licensing; certain
questions on application; answer under oath.............................617, 618, 635, 1241, 1317, 1829
SB 109 --Driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs; courthouse use .........................................................................617, 618, 635, 946
SB 111 --Treutlen County; board of education; compensation...............................................................423, 424, 449, 1604, 1611
SB 113 --Criminal procedure; suppression of evidence; warrant unsupported by probable cause......................................781, 782, 813
SB 114 --Bingo; prizes; maximum amount..................................................1618, 1619, 1704
SB 115 --Occupational therapists; licensing;
exception............................................................673, 674, 725, 1334, 1988, 2148
SB 116 --Speed detection devices; eliminate certain
restriction .........................................................................1108, 1109, 1245, 1964

2926

INDEX

SB 117 --Registered forester; requirements for registration ........................................................637, 638, 670, 1015, 1830, 1980
SB 119 --Driving under the influence; third or subsequent conviction; publication...............................................781, 783, 813
SB 120 --Attorney representing local government; service as part-time judge ..............................................................820, 822, 863
SB 121 --Firearms; possession while under influence of alcohol or drugs; prohibitions..............................................866, 868, 885, 1965
SB 122 --Juvenile law enforcement records; inspection by school officials ............................................................................888, 890, 951
SB 125 --Ad valorem tax; transfer of execution; assessment appeals; homestead exemption waiver .................................................................568, 570, 615, 1754, 2647, 2715
SB 128 --Alcoholic beverages; prohibit possession by passenger in motor vehicle.............................................................781, 783, 813
SB 129 --State agencies; synopsis of proposed rules; involuntary separation; job position remain open.......................................................781, 783, 813, 1347, 1835, 1980
SB 130 --Veterinarians and animal boarders; disposal or sale of animals; notice......................................752, 753, 779, 1239, 1836, 2149
SB 133 --Life insurance; corporations; insurable interest in employees; insurers; investments of funds ................................................................781, 783, 813, 945, 1774, 1980
SB 135 --Asbestos Licensing Board; training requirement; certification...............................................................781, 783, 813
SB 137 --Professional counseling, social work, and marriage and family therapy; definitions; licensing requirements..................................................998, 1000, 1042, 1816, 1990, 2354
SB 139 --Tax amnesty; amend provisions.........................................................752, 753, 779, 1861, 2157, 2715
SB 141 --Motor fuel tax; compressed petroleum gas; gallon equivalent.........................................................................................820, 822, 863
SB 142 --Firemen's Pension; postretirement benefit increases.................................................................1048, 1049, 1106, 1240, 1779
SB 143 --Home inspectors; definition; provisions ..................................888, 890, 951, 1964 SB 144 --Vernonburg, Town of; elections; amend
provisions ..........................................................................................565, 570, 615 SB 145 --Coastal Area Games Authority; create..............................................781, 783, 813,
1815, 1891, 2148 SB 146 --Insurance; third-party settlements; written
notice ..................................................................638, 638, 670, 1753, 1838, 2149 SB 148 --Paternity determination; genetic testing;
child 8upport..........................................................................820, 822, 863, 2135 SB 149 --State agencies, schools, and employers;
include term "multiracial" on forms............................!489, 1493, 1603, 1970 SB 150 --Juvenile delinquents; special alternative
incarceration--probation boot camps; provisions..................................................................................568, 570, 615, 663 SB 151 --Whitfield County; board of commissioners; term limits .............................................................................525, 528, 562, 1281, 1284 SB 152 --Dalton, City of; homestead exemption; certain residents .......................................................................525, 528, 562, 1281, 1285
SB 153 --Dalton, City of; homestead exemption; certain
residents .......................................................................525, 528, 562, 1281, 1285
SB 154 --Evidence; pharmacists; privileged information
concerning patients.....................................................782, 784, 813, I860, 2063
SB 155 --Sandy Springs, City of; incorporate ...................................................751, 753, 779

INDEX

2927

SB 156 --Superior court clerk; distribution of fines; priorities.............................................................866, 868, 885, 1347, 2489, 2712
SB 162 --Office of Treasury and Fiscal Services; create ............................................................................752, 754, 779, 2134, 2503
SB 163 --Driving under the influence; chemical test; arresting officer...........................................!617, 1620, 1704, 1860, 2185, 2484
SB 165 --Torts; dental students; immunity ........................867, 868, 885, 1964, 2192, 2715 SB 166 --Ad valorem tax; enterprise zones; General
Assembly provide by local law................................................1048, 1049, 1106 SB 167 --Whitfield County; magistrate; nonpartisan
election .........................................................................565, 570, 615, 1281, 1284 SB 170 --Accident and sickness insurance; certain
joint disorder; prohibit exclusion from coverage ............................................................................1108, 1110, 1245, 2204 SB 171 --Principal and agent; conditional power of attorney; clarification .................................................867, 868, 885, 1753, 2186 SB 172 --Year's support; define child ............................................888, 890, 951, 1964, 2499 SB 173 --Wrongful death of spouse or parent; minors; division of recovery..........................................888, 890, 951, 1964, 2534, 2715 SB 175 --Employers; disclosure of employee job performance; liability.................................1612, 1620, 1704, 1860, 2048, 2715 SB 177 --Clayton County; school superintendent; appointment.....................................................................565, 570, 615, 813, 815 SB 178 --Clayton County; board of commissioners; chairman's compensation...............................................566, 570, 615, 813, 815 SB 179 --Clayton Judicial Circuit; judges; county supplement.......................................................................566, 570, 615, 813, 815 SB 180 --Clayton County; state court; judges' compensation....................................................................................566, 571, 615 SB 181 --Clayton Judicial Circuit; district attorney; county supplement.........................................................566, 571, 615, 813, 815 SB 182 --Clayton County; sheriff; compensation.............................566, 571, 615, 813, 816 SB 183 --Clayton County; probate court judge; compensation.....................................................566, 571, 615, 1705, 1707, 1829 SB 184 --Clayton Judicial Circuit; court reporters; compensation...................................................................566, 571, 615, 813, 816 SB 185 --Clayton County; state court solicitor; compensation....................................................................................566, 571, 615 SB 188 --Office of Planning and Budget; annual continuation budget report; provisions..................................1048, 1049, 1106 SB 189 --Fiduciaries; authority to renounce interest in property........................................................................821, 822, 863, 1753, 2186 SB 191 --Historic Chattahoochee Commission; members; amend provisions..........................................................782, 784, 813, 952, 1834 SB 192 --Georgia Building Authority; purchases; life cycle costs ..........................................................889, 891, 951, 1815, 2002, 2716 SB 193 --Jury lists; composition; amend provisions...................................1612, 1620, 1704 SB 195 --Cobb County; homestead exemption; certain residents.................................................................616, 618, 635, 990, 992, 1252 SB 196 --State court clerks; serve as magistrate court clerk.........................................,....................1287, 1289, 1345, 2135, 2547, 2712 SB 197 --Georgia Child Care Council; staggered terms;
repeal automatic repealer ..........................................958, 959, 988, 1240, 2044
SB 200 --Pollution Prevention Assistance Division;
establish .............................................................867, 869, 885, 1015, 2494, 2716
SB 201 --Housing authorities; investments; bonds ......................958, 959, 988, 1860, 2208
SB 202 --Unimproved state owned real property; grants;

2928

INDEX

eligibility..................................................752, 754, 779, 1347, 1774, 2032, 2297 SB 203 --General Assembly; bills and resolutions;
prefiling.......................................................................................!613, 1620, 1704 SB 206 --Distilled spirits; retail dealers; promote
lottery.....................................................................1250, 1253, 1279, 1475, 1779 SB 207 --State contracts; minority business
participation...............................................................................1287, 1290, 1345 SB 209 --Mobile homes; transporting to another county;
decal.............................................................................................!619, 1620, 1704 SB 210 --Health insurance; basic plan; include certain
Medicaid recipients ....................................................867, 869, 885, 1240, 1333 SB 212 --Fulton County; state court; add judge...............................................751, 754, 779 SB 214 --Elections; delivery of voting materials to
superior court clerk or designee...................................................867, 869, 885, 1964, 2212, 2716
SB 217 --Morrow, City of; homestead exemption; certain residents...........................................................................636, 639, 670, 813, 818
SB 218 --Clayton County; deputy tax commissioner; civil service benefits................................................................636, 639, 670, 813, 816
SB 219 --Clayton County; homestead exemption; certain residents ...........................................................................636, 639, 670, 813, 818
SB 220 --Clayton County; officials and employees; retirement ........................................................................636, 639, 670, 813, 816
SB 221 --Clayton County; chief magistrate; election .............................................................................636, 639, 670, 813, 816
SB 222 --Tobacco products; possession by minor; licensing of vendors; free samples............................................998, 1000, 1042, 1964, 2165, 2562, 2680
SB 223 --Bad checks; present consideration; definition ..........................................................................1048, 1050, 1106, 1964
SB 224 --Theft; misappropriation of a trade secret; define offense .............................................................................1489, 1493, 1603
SB 225 --Commission on the Preservation of the State Capitol; create...................................................958, 959, 988, 1280, 2487, 2712
SB 226 --Georgia Reform Insurance Plan (GRIP); enact..........................!617, 1621, 1704 SB 227 --Brokerage Relationships in Real Estate
Transactions Act; enact...................................889, 891, 951, 1815, 1991, 2148 SB 230 --Notices by insurers; revise provisions;
valuation of accident and sickness and disability plans..............................................998, 1000, 1042, 1753, 1830, 1981 SB 231 --Deceptive practices; promotions; DUI programs; confidentiality of complaints..................................................1613, 1621, 1704,
1815, 2039, 2354 SB 232 --Stone Mountain Judicial Circuit; add judge.....................................889, 891, 952 SB 234 --Child Abuse Prevention Panel; change name from
Child Fatality Review Panel; amend provisions........................889, 891, 952, 1346, 1720, 1981, 2133, 2339, 2492, 2702, 2719
SB 237 --Controlled substances; forfeitures; disposition.....................................................................................998, 1001, 1042
SB 238 --Highways; excess dimensions; wood roof and floor trusses .................................................................889, 891, 952, 1476, 1749
SB 240 --Insurance; workers' compensation; Small
Business Protection Act; enact...............................................l048, 1050, 1106,
1969, 2415, 2716
SB 242 --License plates and drivers' licenses; certain
disabled veterans .............................................................................889, 892, 952
SB 244 --Evidence; facsimile transmission; reproduction

INDEX

2929

of original copies .......................................1287, 1290, 1345, 1860, 2233, 2713 SB 245 --Driver's license; exemptions; driver education
course...........................................................................................!489, 1493, 1603 SB 249 --Civil action; medical assistance recipient;
notice ............................................................................889, 892, 952, 1860, 2716 SB 250 --Public Service Commission; personnel; revise
provisions; Utility Finance Section; establish..........................................................,...........................1351, 1353,1479 SB 252 --Prisoners; notification to victim of change in status............................................................1108, 1110, 1245, 1280, 2207, 2713 SB 254 --Augusta Judicial Circuit; judges; supplement..........................................996, 1001, 1042, 1964, 2017, 2064, 2065 SB 256 --Lost or destroyed will; presumption of revocability; applicability ..........................1617, 1621, 1704, 1866, 2216, 2716 SB 258 --Rockdale Judicial Circuit; judges; Bupplement...............................................................996, 1001, 1042, 1866, 1869 SB 259 --Walton County; board of education; districts...................................819, 822, 863 SB 260 --Privatization Review Act; enact....................................................!489, 1493, 1603 SB 261 --Conasauga Judicial Circuit; add judge ..............................1250, 1253, 1279, 1964 SB 263 --Emergency medical technicians, paramedics, and cardiac technicians; recertification; amend provisions ...............................................................1250, 1253, 1279, 1334, 2046 SB 264 --Insurance; amend provisions.........................................................1489, 1493, 1603 SB 265 --Fulton County; board of commissioners; districts ........................................................1350, 1353, 1479, 2234, 2235, 2716 SB 269 --Custody custody; temporary change; discretion of court; child support; certain employment records..........................................................!613, 1621, 1704, 1964, 2194, 2354 SB 271 --Historical Records Advisory Board; create.............................................999, 1001,
1042, 1347, 1785 SB 273 --Workers' compensation; employee definition;
municipal inmate; substitute systems standards......................................................!618, 1621, 1704, 2134, 2530, 2716 SB 275 --Waste Control Law; enact.....................................958, 959, 988, 1345, 1781, 2148 SB 277 --Alimony or child support; revision of judgment; cohabitation..............................H09, 1110, 1245, 1753, 1838, 1980 SB 278 --MARTA; definition of operating costs; exclusions................................1617, 1621, 1704, 1817, 2060, 2202, 2423, 2717 SB 279 --Police chiefs; training requirements; increase hours.......................................................................1613, 1622, 1704, 1816, 2215 SB 280 --Insurance brokers and solicitors; certain references; clarification.............................................................H09, 1110, 1245 SB 282 --Tax collectors and tax commissioners; minimum salary .................................................................................1613, 1622, 1704,2031 SB 283 --Nonpartisan elections; certain officials; straight party voting....................................,.......1287, 1290, 1345, 1963, 2484,
2562, 2635, 2635, 2686, 2719 SB 284 --Austell, City of; mayor and council; amend
provisions.....................................................H08, 1110, 1245, 1480, 1482, 1829 SB 285 --Cobb County; Commission on Children and Youth;
amend provisions .........................957, 959, 988, 1758, 1766, 2484, 2507, 2718 SB 287 --Private security guard; arrest powers................................1613, 1622, 1704, 2135
SB 294 --Environmental Protection Division; hazardous
site inventory ..............................................1109, 1110, 1245, 1704, 1839, 2149
SB 295 --Principal and sales representative;
definitions; unfair practices against elderly
or disabled; regulate............................................1617, 1622, 1704, 1860, 2208,

2930

INDEX

2337, 2437, 2598, 2621, 2663, 2720 SB 296 --Ad valorem tax; appeals of assessments; amend
provisions....................................................................................!618, 1622, 1704 SB 297 --Newnan, City of; mayor and council; cable
television ................................................................1108, 1111, 1245, 1970, 1973 SB 298 --Gwinnett County; board of education; salary ..............................996, 1001, 1042,
1914, 1914, 1966, 2003, 2032, 2134, 2150, 2181 SB 304 --Georgia Sports Hall of Fame; membership..........................................1618, 1622,
1704, 1759, 2045 SB 306 --Ranger; weapon and badge; bears constituting
threat; removal .................................1615, 1623, 1704, 1704, 2190, 2561, 2640 SB 307 --Driving under the influence; driver's license
reinstatement; proof of drug course completion..................................................................................1618, 1623, 1704 SB 312 --Clinical nurse specialist in psychiatric/mental health; provisions............................................................ 1618, 1623, 1704, 2140 SB 314 --Alcoholic beverages; Sunday sales during certain hours; consumption on premises........................1618, 1623, 1704, 1774, 1861 SB 315 --Magistrate courts; amend provisions...........................................l613, 1623, 1704,
1964, 2540, 2717 SB 316 --Educational programs; assessment for graduation;
exempt school designation........................1619, 1623, 1704, 1860, 2156, 2717 SB 317 --Limousine carriers; regulation by Public Service
Commission.............................l616, 1624, 1704, 1964, 2553, 2670, 2680, 2708 SB 319 --Baldwin County; probate court judge;
compensation.........................................................!286, 1290, 1345, 1914, 1915 SB 321 --Atlanta, City of; council; amend provisions................................1871, 1877, 1969 SB 325 --Cobb County; board of commissioners; certain
vacancies.................................................................l350, 1353, 1479, 2184, 2185 SB 326 --Accident and sickness insurance; certain
anti-cancer drug therapy; coverage.........................................1619, 1624, 1704 SB 327 --Butts County; advisory referendum ............................................1286, 1290, 1345,
1758, 1767, 1876 SB 328 --State Tollway Authority; change name; amend
provisions..................................................................-.................1616, 1624, 1704 SB 329 --Baldwin County; magistrate court; chief
magistrate...............................................................!350, 1354, 1479, 1866, 1870 SB 333 --Highway definitions; include transportation
enhancement activities.................................................. 1710, 1712, 1758, 1817, 2043, 2064, 2326
SB 335 --Budgetary Accountability and Planning Act; Budgetary Responsibility Oversight Committee; Fair and Open Grants Act........................1614, 1624, 1704, 2134, 2510, 2717
SB 338 --Austell, City of; mayor or council; residence.................................................................!488, 1493, 1603, 1914, 1915
SB 339 --Merit system; certain Insurance Department employees; reclassify ............................................1619, 1624, 1704, 1817, 2042
SB 342 --Upper Savannah River Development Authority; amend provisions..................................................1709, 1712, 1758, 1817, 2046
SB 343 --Bus shelters on public rights of way; amend provisions.....................................................l619, 1625, 1704, 1817, 2055, 2148
SB 346 --Financial institutions; affiliate transfers;
trust powers...........................................................1709, 1712, 1752, 1758, 2186
SB 347 --Special purpose bank or credit card bank;
conditions for approval........................................1709, 1713, 1752, 1758, 2054
SB 351 --Fulton County; commercial use of certain
airport; referendum..........................l870, 1878, 1969, 2490, 2490, 2635, 2669

INDEX

2931

SB 352 --Public school retirees; health insurance;

continue coverage..................................................!709, 1713, 1758, 1964, 2414

SB 353 --Rabun County; board of commissioners;

supervisor of roads................................................l488, 1494, 1603, 1866, 1870

SB 354 --Austell, City of; homestead exemption;

municipal taxes .....................................................1488, 1494, 1603, 1914, 1916

SB 355 --Financial institutions; amend provisions;

remote service terminals; safety procedures...................................1617, 1625,

1704, 1752, 1839, 1980

SB 358 --Juvenile proceedings; mediation; supervision

fees..........................................................................1708, 1713, 1758, 2031, 2540

SB 359 --Public funds; security interest; bank other

than depository.....................................................1709, 1713, 1752, 1758, 2488

SB 362 --Franklin County; board of commissioners;

chairman's compensation .........................................................1611, 1625, 1704

SB 363 --Franklin County; probate court judge;

compensation..............................................................................l611, 1625, 1704

SB 364 --Franklin County; superior court clerk;

compensation..............................................................................l611, 1625, 1704

SB 365 --Franklin County; tax commissioner;

compensation..............................................................................l611, 1625, 1704

SB 366 --Richmond County; certain juvenile services;

transfer to state-wide service...................................................l611, 1625, 1704

SB 367 --Special license plates; retired members of

armed forces ...............................................................................1709, 1713, 1758

SB 368 --State Defense Force; amend provisions.......................................!710, 1713, 1758

SB 369 --Quality basic education; secondary credit for postsecondary courses; amend provisions .......................................1709, 1714,

SB 371 --"Jekyll Island Musical Theatre Festival";

1758, 1860, 2545

designate official state musical theatre...........................................1710, 1714,

1758, 1861, 2038

SB 372 --State purchasing; State Use Council;

create............................................................1711, 1714, 1758, 1965, 2417, 2717

SB 373 --Richmond County; board of tax assessors;

di8tricts...................................................................l616, 1626, 1704, 2412, 2412

SB 374 --Hancock County; board of education;

reconstitute............................................................1616, 1626, 1704, 2027, 2030

SB 375 --Hancock County; board of commissioners;

reconstitute............................................................ 1616, 1626, 1704, 2027, 2030

SB 379 --Columbia County; board of elections;

create......................................................................1712, 1714, 1758, 2141, 2142

SB 382 --Mclntosh County; state court; provisions.............................................l769, 1772, 1821, 1914, 1915

SB 383 --Sugar Hill, City of; corporate limits ......................................................1871, 1878, 1969, 2184, 2185

SB 384 --Hall County; homestead exemption; certain

residents......................................................................................l871, 1878, 1969

SB 385 --Gay, Town of; ordinance violations;

penalties.................................................................1877, 1878, 1969, 2412, 2412

SB 387 --Powder Springs, City of; tax commissioner;

establish office ...........................................................................1877, 1878, 1969

SB 388 --Cobb County Stadium Authority; members.........................................l877, 1878,

1969, 2234, 2241

SB 389 --Cobb-Marietta Coliseum and Exhibit Hall

Authority; members..............................................l877, 1878, 1969, 2234, 2242

SB 390 --Chatham County; certain officials;

2932

INDEX

compensation.........................................................!876, 1879, 1969, 2234, 2241 SB 391 --Cobb County; civil service system; board
members; terms.....................................................l982, 1983, 2140, 2412, 2413 SB 392 --Cobb County; board of elections and registration;
residency requirements........................................1982, 1983, 2140, 2490, 2491

PART V
SENATE RESOLUTIONS IN HOUSE
SR 2 --Notify House; Senate convened.............................................................................40 SR 4 --Notify Governor; General Assembly convened.............................................40, 40 SR 5 --Elected officials of state; term limitations - CA ..............................753, 754, 779 SR 6 --Tax or fee; law providing for increase;
required vote - CA................................................................454, 457, 523, 1817 SR 7 --Task Force on Educational Outcomes Based
Flexibility; create ........................................................365, 366, 391, 1474, 2543 SR 8 --Capital Outlay for Education Task Force;
create..................................................................782, 784, 813, 1595, 2630, 2717 SR 9 --Office of Planning and Budget; develop plan
to downsize government.............................................................999, 1001, 1042 SR 11 --Olympics; urge committees to seek advice of
green industry .......................................................1710, 1714, 1758, 1965, 2187 SR 21 --Atlanta Campaign Commission; create ............................1491, 1494, 1603, 1816,
2021, 2033, 2244, 2283, 2415, 2650, 2719 SR 25 --Hendley, Francis Marion "Frank", II;
condolences..................................................................890, 892, 952, 1275, 1292 SR 37 --Joint Committee on State and Local Bonded
Indebtedness; create................................................,.......................454, 457, 523 SR 44 --Joint Study Commission on Revenue Structure;
re-create.............................................................337, 338, 359, 1754, 2549, 2717 SR 64 --Americus, Savannah, and Lake City, cities of;
disposition of property...................................................306, 306, 335, 540, 804 SR 68 --Judge W. A. Foster, Jr., Bridge;
designate...........................................................................454, 457, 523, 609, 784 SR 69 --Syble W. Brannan Parkway; designate.............................454, 457, 523, 609, 848 SR 93 --Commission on the Certification of Automobile
Body Shops, Body and Fender Shops, Collision Repair Facilities, Body and Collision Repair Dealerships, and Paint and Body Shops; create ..................1049, 1050, 1106 SR 107 --Raffles by nonprofit organizations; provisions - CA...............................617, 619,
635, 1334 SR 109 --Joint Study Committee on Creation of a State
Department, Commission or Agency of the Deaf and Hard of Hearing; create.............................!710, 1714, 1758, 1969, 2554, 2713 SR 115 --Richmond County; grant easement .................................454, 457, 523, 952, 1846 SR 118 --Calhoun, Clinch, Fulton, and Hall counties; convey property.............................................................454, 457, 523, 952, 1846 SR 119 --Atlanta, City of; Consolidated Atlanta Properties, Ltd. (CAPCO); termination of Amendment to Leases.............................................455, 458, 523, 952, 1845 SR 121 --Chatham County; grant easement.........................455, 458, 523, 952, 1052, 1614 SR 122 --Burke County; grant easement.........................................455, 458, 523, 952, 1846

2934

INDEX

SR 125 --Mitchell, Walter, Jr.; commend...................................................................365, 366 SR 127 --Chatham County; convey property..................................782, 784, 813, 952, 1158 SR 128 --University System; American sign language;
urge foreign language credit................................!491, 1494, 1603, 1759, 1999 SR 131 --Older Worker Task Force; create........................568, 571, 615, 1604, 2034, 2713 SR 142 --Carroll County; grant easement.......................................821, 823, 863, 952, 1327 SR 153 --Atlanta, City of; certain state property;
authorize rental agreement..........................................821, 823, 863, 952, 1794 SR 156 --Ellis Gibbs Arnall Tribute Commission;
create............................................................!491, 1494, 1604, 1816, 1880, 2148 SR 158 --Lucius D. Clay Memorial Parkway;
designate......................................................1614, 1626, 1704, 1817, 2010, 2149 SR 160 --Adjournment; relative to..............................................................................602, 603 SR 173 --Global warming and air pollution; relative
to..........................................................................................999, 1001, 1042, 1778 SR 180 --Crisp County; grant easement; Meriwether
County; convey property...........................1616, 1626, 1704, 1779, 2035, 2715 SR 200 --Glynn and Bulloch counties; convey
property.......................................................1352, 1354, 1479, 1779, 2015, 2148 SR 203 --Regional industrial park development; counties
and municipalities share ad valorem tax proceeds - CA.............................................................................1711, 1715, 1758 SR 206 --Enterprise zones; certain tax treatment; General Assembly provide by law - CA.................................1614, 1626, 1704 SR 208 --Cobb County; grant easement ..................................1491, 1494, 1604, 1779, 2155 SR 210 --John Marshall Law School; commend.........................................1049, 1050, 1106 SR 211 --Commuter efficiency program for state employees; urge Department of Transportation establish..................................................................l614, 1626, 1704, 1817, 2546 SR 225 --Adjournment; relative to..........................................................................1067, 1067 SR 226 --Fulton County; lease property..................................!491, 1494, 1604, 1779, 1879 SR 228 --General Ron Griffith Highway; designate.........................!615, 1627, 1704, 1817 SR 230 --Walter L. Hardin Bridge; designate........................1615, 1627, 1704, 1817, 2063 SR 231 --Bobby Jones Crosswalk; designate...........................!615, 1627, 1704, 1817, 2063 SR 232 --Chattahoochee Valley Trail Scenic Highway; designate......................................................1615, 1627, 1704, 1817, 1883, 2149 SR 233 --Cobb and Bibb counties; convey property .................................1491, 1494, 1604,
1779, 2011, 2149 SR 234 --Medal of Honor Highway for Freeman V. Horner;
designate......................................................1615, 1627, 1704, 1817, 2019, 2149 SR 238 --Regional development centers; ratify certain
transfera..................................................................l710, 1715, 1758, 1817, 1984 SR 250 --Houston County Efficiency in Governmental
Services Commission; create ...............................1614, 1627, 1704, 1866, 1870 SR 256 --Musgrove, Honorable Downing; commend............................................1491, 1495 SR 276 --Adjournment; relative to..........................................................................1697, 1697 SR 327 --Adjournment; relative to..........................................................................2032, 2041 SR 370 --Adjournment; sine die; amend HR 610..................................................2680, 2701