Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 10, 1994 and adjourned Wednesday, March 16, 1994, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1994 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 10, 1994 through March 1, 1994. Volume II contains March 2, 1994 through March 16, 1994 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 10, 1994 and adjourned Wednesday, March 16, 1994
VOLUME I
1994 Atlanta, Ga.
W Printed on Recycled Paper

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

MONDAY, JANUARY 10, 1994

HOUSE JOURNAL

Representative Hall, Atlanta, Georgia Monday, January 10, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by the Reverend Herman B. Parker, Pastor, First Baptist Church, Bremen, Georgia.

The members pledged allegiance to the flag.

The following communications were received:

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of Honorable William J. Dover, the member of the House of Representatives, District 9; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that occur in the Senate and House of Representatives; and

WHEREAS:

Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issuance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 9, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 9, shall be held on the 21st day of September, 1993, pursuant to the Constitution and Laws of the State of Georgia.

This 23rd day of July 1993.

JOURNAL OF THE HOUSE,

ATTEST:
M Steve W. Wrigley EXECUTIVE SECRETARY

M Ze]\ Miller GOVERNOR

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334-1505
September 27, 1993
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the September 21, 1993 Special Election for the office of State Representative in the General Assembly of Georgia from District 9, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the consolidated returns on file in this office for the Special Election held on the 21st day of September, 1993, in District 9 of the State House of Representatives, in Habersham County and portions of White County, to fill the vacancy existing due to the resignation of the Honorable William J. Dover, show the following results:

Dwight Cohran BenPurcell

Habersham 1058 2603

White 601 1216

Total 1659 3819

Having received a majority of the votes cast, Ben Purcell was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 27th day of September in the year of our Lord One Thousand Nine Hundred and Ninety-three and of the Independence of the United States of America the Two Hundred and Eighteenth.

(SEAL)

/s/ Max Cleland Secretary of State

MONDAY, JANUARY 10, 1994

3

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Benjamin H. Purcell State Representative Ben Purcell, District 9 Georgia House of Representatives
Sworn to and subscribed before me, this 1st day of October, 1993.
/s/ Robert B. Struble Chief Judge Superior Court Mountain Judicial Circuit

House of Representatives Atlanta
October 5, 1993
Honorable Ben Purcell Representative, District 9 Post Office Box 1499 Clarkesville, Georgia 30523
Dear Ben:
You have been appointed to serve on the following standing House Committees:
Defense and Veterans Affairs Education State Institutions and Property
Sincerely, /s/ Thomas B. Murphy
Speaker
cc: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Mike Bowers, Attorney General Mr. Robert E. Rivers, Jr., Clerk of the House Mr. Frank Eldridge, Secretary of the Senate Mr. Sewell Brumby, Legislative Counsel Mr. Claude Vickers, State Auditor Mr. Steve Wrigley, Governor's Office House Information Office House Research Office Mr. Paul Lynch, Legislative Fiscal Office

JOURNAL OF THE HOUSE,

THE STATE OF GEORGIA EXECUTIVE ORDER

BY THE GOVERNOR:

WHEREAS:

A vacancy now exists in the House of Representatives of the General Assembly of Georgia by reason of the qualification of Honorable Mitch J. Skandalakis, the member of the House of Representatives, District 45, for a county elective office; and

WHEREAS:

Article V, Section II, Paragraph V of the Constitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that occur in the Senate and House of Representatives; and

WHEREAS:

Section 21-2-544 of the Georgia Election Code provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Secretary of State; and

WHEREAS:

Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than thirty nor more than sixty days after the issuance of said writ.

NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY

ORDERED:

That a writ of election to fill the vacancy in the House of Representatives, District 45, be and the same is hereby issued to the Secretary of State.

IT IS FURTHER

ORDERED:

That said special election to fill the vacancy in the House of Representatives from District 45, shall be held on the 2nd day of November, 1993, pursuant to the Constitution and Laws of the State of Georgia.

This 30th day of September 1993.

/s/ Zell Miller GOVERNOR

ATTEST:

/s/ Cynthia D. Wright EXECUTIVE COUNSEL

Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334-1505
November 4, 1993
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:

MONDAY, JANUARY 10, 1994

5

I am transmitting herewith the name of the Representative elected in the November 2, 1993 Special Election for the office of State Representative in the General Assembly of Georgia from District 45, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, M Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 2nd day of November, 1993, in District 45 of the State House of Representatives, in portions of Ful ton County, to fill the vacancy existing due to the qualification of the Honorable Mitch J. Skandalakis for a county elective office, show the following results:
Bob Irvin--------------------------5086 Harrison L. Rogers, Jr. --------------------3555 Rick Wolters ------------------------1445

Having received a majority of the votes cast, Bob Irvin was duly elected to this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of November, in the year of our Lord One Thousand Nine Hundred and Ninety-three and of the Independence of the United States of America the Two Hundred and Eighteenth.

(SEAL)

/s/ Max Cleland Secretary of State

I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Robert A. Irvin State Representative 45th District
Sworn to and subscribed before me, this llth day of November, 1993.
/s/ Ken 0. Nix Judge, State Court Cobb County, Georgia

6

JOURNAL OF THE HOUSE,

House of Representatives Atlanta
November 19, 1993
Honorable Robert A, Irvin Representative, District 45 1096 Regency Road, NW Atlanta, Georgia 30327
Dear Bob:
I am this date appointing you to serve on the following standing House committees:
Health and Ecology Industrial Relations State Planning & Community Affairs
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:ku
cc: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lt. Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. Claude Vickers, State Auditor Mr. Steve Wrigley, Executive Secretary to the Governor Mr. Joe Brown, House Information Office Mr. Jim Mullins, House Research Office Mr. Paul Lynch, Fiscal Officer

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

Ashe Atkins Bailey Baker
Bannister Barfoot Bargeron
Barnes Bates Benefield Bordeaux Bostick Breedlove Brooks, D Brooks, T Brown 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 Dickinson Dix Dixon, H Dixon, S Dobbs Ehrhart
Epps Evans Felton
Floyd, J.M Floyd, J.W Godbee Golden Goodwin

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

Kinnamon Klein Ladd Lakly
Lane. D Lane, R Lawrence
Lawson Lee Lewis Lord Lucas Maddox Mann Martin McBee McClinton McKinney Milam Mills
Mobley, B Mobley, J Moore
Mosley Mueller Oliver O'Neal Orrock

Padgett Parham Parrish Patten
Pelote Perry Pinholster
Poag Polak Porter Poston Powell Purcell, A Purcell, B Randolph Ray Reaves Reichert Roberts Royal
Scoggins Shanahan Sherrill
Shipp Simpson Sinkfield Skipper Smith, C

MONDAY, JANUARY 10, 1994

7

Smith, L Smith, P Smith, T Smith, V Smith, W Smyre Snow

Stancil, F Stanley, L Stanley, P Stephenson Streat Taylor

Teper Thomas Tillman Titus Towery Trense

Turnquest Twiggs Wall Watson Watts Westmoreland

White Williams, B Williams, R Yates Yeargin Murphy, Spkr

The following members were off the floor of the House when the roll was called: Representatives Hanner of the 159th, Davis of the 60th and Walker of the 141st. They wish to be recorded as present.

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.

The following Resolutions of the House were read and adopted:

HR 651. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th

A RESOLUTION

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

HR 652. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th

A RESOLUTION

To notify the Governor that the General Assembly has convened; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a commit tee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

8

JOURNAL OF THE HOUSE,

The Speaker appointed as a Committee of Notification on the part of the House the following members:
Representatives Bordeaux of the 151st, Cauthorn of the 35th, Dobbs of the 92nd, Henson of the 65th, McClinton of the 68th, Polak of the 67th and Kinnamon of the 4th.

HR 653. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th

A RESOLUTION

Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1993 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 1994 session.

The following Resolution of the House was read:

HR 654. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th

A RESOLUTION

Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Tuesday, January 11, 1994, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Represen tatives.

The following amendment was read:

Representative Mills of the 21st moves to amend HR 654 as follows: Page 1 Line: delete "11:00 AM" and replace with "1:15 PM" Page 1 line: Delete "10:45 AM" and replace with "1:00 PM".

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

MONDAY, JANUARY 10, 1994

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

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

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

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

On the adoption of the amendment, the ayes were 18, nays 142. The amendment was lost.

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

Representative Coleman of the 80th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Due to a mechanical malfunction, the vote of Representative Walker of the 141st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Bunn of the 74th moves to amend HR 654 as follows: Page 1 line delete "11:00 AM" and replace with "1:30 PM" Page 1 line: delete "10:45" and replace with "1:15 PM".

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 E Birdsong N Bordeaux

N Bostick N Breedlove
N Brooks, D N Brooks, T N Brown NBuck

N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty

Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler

10

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

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

NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis
NLord Lucas
Y Maddox NMann N Martin N McBee N McClinton N McKinney
Milam
Y Mills N Mobley, B N Mobley, J 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
N Poston N Powell
N Purcell, A Y Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts
N Royal Scoggins
N Shanahan N Sherrill N Shipp N Simpson N Sinkfield
N Skipper N Smith, C N Smith, L N Smith, P
Smith, T Y Smith, V N Smith, W

N Smyre NSnow
N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
E Teague NTeper N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs E Vaughan
Walker
N Wall N Watson N Watts Y Westmoreland
N White N Williams, B N Williams, R
YYates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 15, nays 152. The amendment was lost.

Due to a mechanical malfunction, the vote of Representative Walker of the 141st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Lakly of the 105th moved that the House reconsider its action in fail ing to adopt the Bunn amendment.
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 E Birdsong N Bordeaux N Bostick
N Breedlove N Brooks, D N Brooks, T N Brown
Buck N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler

N Channell N Childers N Clark N Coker N Coleman, B N Coleman, T N Colwell N Connell
NCox N Crawford
N Crews N Culbreth
Cummings N Davis, G Y Davis, M N Dickinson Y Dix N Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps N Evans
Felton N Floyd, J.M
Floyd, J.W N Godbee N Golden N Goodwin N Greene

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

NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord
Lucas Y Maddox
Mann N Martin N McBee N McClinton N McKinney
Milam Y Mills N Mobley, B
N Mobley, J 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 N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
Ray N Reaves N Reichert N Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W

MONDAY, JANUARY 10, 1994

11

N Smyre N Snow N Stancil, F N Stancil, S N Stanley, L N Stanley, P

N Stephenson N Streat N Taylor
E Teague NTeper
N Thomas

N Tillman
N Titua Towery
N Trense
N Turnquest N Twiggs

On the motion, the ayes were 14, nays 148. The motion was lost.

E Vaughan Walker
N Wall
N Watson N Watts Y Westmoreland

N White N Williams, B N Williams, R Y Yates
N Yeargin Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Walker of the 141st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 E Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T
Brown Y Buck Y Buckner N Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
Y Coleman, B Coleman, T

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G
Davis, M Y Dickinson NDix Y Dixon, H Y Dixon, S Y Dobbs 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 Y Hart Y Heard Y Hegstrom
N Hembree Y Henson Y Holland
Y Holmes

Y Howard Y Hudson
Y Hughes Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston
Y Jones N Joyce NKaye Y Kinnamon
Y Klein YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas N Maddox
Mann Y Martin
Y McBee Y McClinton Y McKinney
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 YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
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 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 Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
E Vaughan Walker
Y Wall
Y Watson Y Watts N Westmoreland N White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, the ayes were 158, nays 9. The Resolution, having received the requisite constitutional majority, was adopted.

Due to a mechanical malfunction, the vote of Representative Walker of the 141st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Kaye of the 37th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HR 654.

The following Resolutions of the House were read and adopted:

12

JOURNAL OF THE HOUSE,

HR 655. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th

A RESOLUTION

Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Jus tices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Sen ate which will be held in the hall of the House of Representatives at 10:45 A.M., Tuesday, January 11, 1994, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

HR 656. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th

A RESOLUTION

Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Hon orable Harold G. Clarke, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 12, 1994, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Represen tatives for the purpose of hearing the address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

HR 657. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th

A RESOLUTION

Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 13, 1994, in the hall of the House of Representatives.

MONDAY, JANUARY 10, 1994

13

BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Represen tatives.
The following Resolution of the House was read:
HR 658. By Representatives Murphy of the 18th, Connell of the 115th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Stanley of the 50th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, January 14, 1994; reconvene on Mon day, January 24, 1994; adjourn at 5:00 P.M. on Thursday, January 27, 1994; and reconvene on Tuesday, February 1, 1994.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on January 24 and on February 1 may be as ordered by the Sen ate; and the hour for convening the House on January 24 and on February 1 may be as ordered by the House.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield E 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 Channell Y Childers Y Clark
Coker Y Coleman, B
Coleman, T

Y Colwell Y Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix
Y Dixon, H Y Dixon, S Y Dobbs 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 Irvin
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 Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney 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, A Y Purcell, B 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 Skipper

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

14

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 166, nays 0. The Resolution was adopted.
Due to a mechanical malfunction, the vote of Representative Coker of the 31st was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:

HB 1168.

By Representative Teper of the 61st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congres sional districts of Georgia.

Representative Teper of the 61st moved that HB 1168 be ordered engrossed. On the motion, the roll call was ordered and the vote was as follows:

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

N Colwell N Connell NCox N Crawford
N Crews N Culbreth N Cummings N Davis, G
Davis, M N Dickinson
NDix N Dixon, H N Dixon, S N Dobbs
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
Hanner Y Harris, B N Harris, M N Hart N Heard N Hegstrom N Hembree N Henson N Holland
N Holmes

N Howard N Hudson
N Hughes N Hugley N Irvin N James N Jamieson N Jenkins
Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J Y Johnston N Jones
N Joyce N Kaye N Kinnamon N Klein NLadd N Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee
Lewis NLord N Lucas Y Maddox N Mann N Martin
N McBee N McClinton
N McKinney NMilam N Mills

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

N 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
N Stanley, P N Stephenson N Streat N Taylor E Teague Y Teper N Thomas N Tillman
Y Titus Towery
N Trense N Turnquest N Twiggs E Vaughan N Walker N Wall N Watson N Watts N Westmorland N White N Williams, B N Williams, R N Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 12, nays 150. The motion was lost.
Referred to the Committee on Legislative & Congressional Reapportionment.

Due to a mechanical malfunction, the vote of Representative Smyre of the 136th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

MONDAY, JANUARY 10, 1994

15

HB 1169. By Representative Poag of the 6th:
A bill to amend Chapter 27. of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Lottery for Education Act," so as to change the provisions relating to the general duties of the board of directors of the Geor gia Lottery Corporation; to change the provisions relating to the general pow ers of the Georgia Lottery Corporation.
Referred to the Committee on Industry.

HB 1170. By Representative Poag of the 6th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veter ans organizations.
Referred to the Committee on Ways & Means.

HB 1171. By Representative Poag of the 6th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Anno tated, relating to annual license fees for operation of vehicles, so as to lower the fee for each passenger motor vehicle not operated as a common or con tract carrier for hire from $20.00 to $8.00.
Referred to the Committee on Motor Vehicles.

HB 1172. By Representative Poag of the 6th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions regarding the state sales and use tax, so as to provide that such tax shall not apply to certain casual sales or uses of motor vehicles, boats, or airplanes.
Referred to the Committee on Ways & Means.

HB 1173. By Representative Poag of the 6th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions regarding the state sales and use tax, so as to provide that such tax shall not apply to certain casual sales or uses.
Referred to the Committee on Ways & Means.

HB 1174. By Representative Poag of the 6th:
A bill to amend Code Section 50-27-23 of the Official Code of Georgia Anno tated, relating to limitations on the sale of lottery tickets or shares, so as to prohibit such sales on Sundays and on Christmas Day.
Referred to the Committee on Industry.

HB 1175. By Representative Poag of the 6th:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to applications and fees for drivers' licenses, so as to lower the fee for Classes C and M drivers' licenses from $15.00 to $4.50.
Referred to the Committee on Motor Vehicles.

16

JOURNAL OF THE HOUSE,

HB 1176. By Representative Poag of the 6th:
A bill to amend Code Section 40-3-38 of the Official Code of Georgia Anno tated, relating to fees for certificates of title for automobiles, so as to lower the fee from $18.00 to $9.00.
Referred to the Committee on Motor Vehicles.

HB 1177. By Representatives Johnson of the 84th, Harris of the 112th, Streat of the 167th, Ray of the 128th and Coleman of the 80th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment of public school system personnel, so as to provide for limitations upon decreases in certain local salary supplements.
Referred to the Committee on Education.

HB 1178. 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 establish the territorial boundaries of operation for regional development centers.
Referred to the Committee on State Planning & Community Affairs.

HB 1179. By Representative Lane of the 55th:
A bill to amend Code Section 36-42-4 of the Official Code of Georgia Anno tated, relating to Downtown Development Authority directors, so as to change the length of the term of the directors of such authorities.
Referred to the Committee on State Planning & Community Affairs.

HB 1180. By Representative Lane of the 55th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to permit at least one elected official of the appointing political subdivision to serve as a com missioner of the housing authority.
Referred to the Committee on State Planning & Community Affairs.

HB 1181. By Representatives Lane of the 55th, Polak of the 67th, Lakly of the 105th and Burkhalter of the 41st:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1182. By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morals, so as to change certain provisions regarding the employment of nonmembers by nonprofit organizations to conduct bingo games on behalf of such organizations.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, JANUARY 10, 1994

17

HB 1183. By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organiza tions who are licensed to operate bingo games to operate recreational games.
Referred to the Committee on State Planning & Community Affairs.

HB 1184. By Representative Lane of the 55th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide that no person shall oper ate any type of watercraft without either a driver's license or learner's per mit.
Referred to the Committee on Motor Vehicles.
HB 1185. By Representatives Lane of the 55th, Johnson of the 97th, Smith of the 169th, Johnston of the 81st, Westmoreland of the 104th and others:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".
Referred to the Committee on Education.
HB 1186. By Representative Groover of the 125th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Anno tated, relating to the disclosure of AIDS confidential information, so as to change the conditions under which such disclosure is authorized in certain proceedings and procedures involving persons who are or who are alleged to be mentally ill, mentally retarded, or alcoholic or drug dependent and involv ing guardianships.
Referred to the Committee on Judiciary.
HB 1187. By Representatives Groover of the 125th and Walker of the 141st:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.
Referred to the Committee on Judiciary.
HB 1188. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Code Section 5-6-46 of the Official Code of Georgia Anno tated, relating to operation of notice of appeal as supersedeas in civil cases, so as to provide that the trial court may fix a supersedeas bond after a case is docketed with the appellate courts.
Referred to the Committee on Judiciary.

HB 1189. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate court, so as to provide a uniform time frame within which both applications for interlocu tory and discretionary appeals will be decided.
Referred to the Committee on Judiciary.

18

JOURNAL OF THE HOUSE,

HB 1190. By Representatives Walker of the 141st Groover of the 125th and Lakly of the 105th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to crimes and offenses, Title 20, relating to education, and Title 36, relating to local government, so as to change the provisions relating to the powers and duties of grand juries; to provide for the powers and duties of the chief judge of the superior court of each county.
Referred to the Committee on Judiciary.

HB 1191. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change provisions relating to venue and jurisdiction over legal actions involving the authority.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1192. By Representative Greene of the 158th:
A bill to amend Code Section 21-3-60 of the Official Code of Georgia Anno tated, relating to terms of municipal officers elected in 1989, 1990, 1991, and 1992 and offices with terms of four years or greater, so as to provide for terms of office of municipal officers who were elected in 1988 for terms of office of six years.
Referred to the Committee on Governmental Affairs.

HB 1193. By Representatives Watson of the 139th, Skipper of the 137th, Johnston of the 81st, Dixon of the 150th and Chandler of the 99th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors.
Referred to the Committee on Industry.

HB 1194. By Representative Watson of the 139th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the defini tion of the term "employment"; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distribu tors of printed materials from the term "employment".
Referred to the Committee on Industry.

HB 1195. By Representative Watson of the 139th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to require vendors selling or offering for sale certain personal property at flea markets and nonregistered vendors to maintain certain records.
Referred to the Committee on Industry.

MONDAY, JANUARY 10, 1994

19

HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valua tions established on appeal can be changed for subsequent taxable years.
Referred to the Committee on Ways & Means.

HB 1197. By Representatives Wall of the 82nd, Mobley of the 86th, Davis of the 48th, McKinney of the 51st, Bannister of the 77th and others:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to provide for the offense of carjacking.
Referred to the Committee on Judiciary.

HB 1198. By Representatives Wall of the 82nd, Mobley of the 86th, Davis of the 48th, McKinney of the 51st, Bannister of the 77th and others:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to provide for the offense of drive-by shooting; to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty generally, so as to add as a statutory aggravating circum stance the offense of murder committed while offender was engaged in the commission of the offense of drive-by shooting.
Referred to the Committee on Judiciary.

HB 1199.

By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Lee of the 94th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to limits on contributions to candidates for pub lic office, so as to provide for limits on contributions to influence voter approval or rejection of proposed constitutional amendments, state-wide ref erenda, or proposed questions which are to appear on the ballot in any county or municipal election.

Representative Thomas of the 100th moved that HB 1199 be ordered engrossed. 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 N Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D N Brooks, T N Brown

Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
N 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 Y Cox
Y Crawford N Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson N Dix Y Dixon, H
Y Dixon, S Y Dobbs
Ehrhart

Y Epps 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
Hart Y Heard Y Hegstrom

N Hembree Y Henson Y Holland Y Holmes
Howard
Y Hudson Y Hughes N Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston

20

JOURNAL OF THE HOUSE,

Jones N Joyce N Kaye Y Kinnamon Y Klein N Ladd N Lakly Y Lane, D Y Lane, R
Lawrence Y Lawson
Y Lee N Lewis Y Lord Y Lucas N Maddox N Mann Y Martin
Y McBee

Y McClinton Y McKinney Y Milam N Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Y Oliver 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, A N Purcell, B Y Randall Y Randolph
Ray Y Reaves
Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson

On the motion, the ayes were 132, nays 22. The motion prevailed.

Sinkfield Y Skipper
Smith, C N Smith, L Y Smith, P Y Smith, T N Smith, V
Smith, W Y Smyre
Y Snow Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor E Teague
N Teper

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

HB 1199 was ordered engrossed. Referred to the Committee on Governmental Affairs.
Due to a mechanical malfunction, the vote of Representative Smith of the 174th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 1200. By Representative Ladd of the 59th: 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 change certain provisions regarding licensed physicians performing physicals to student athletes or service as team doctors without compensation on a volunteer basis.
Referred to the Committee on Special Judiciary.

HB 1201. By Representative Wall of the 82nd:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver and temporary renewal permits, so as to prohibit the issuance of a license to carry a pistol or revolver to any person who has been convicted of a felony and who has not been pardoned for such felony.
Referred to the Committee on Public Safety.

HB 1202. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to amend Code Section 16-13-25 of the Official Code of Georgia Anno tated, relating to Schedule I controlled substances, so as to add the con trolled substance gamma hydroxybutyric acid (gamma hydroxybutytrate) to such list.
Referred to the Committee on Health & Ecology.

HB 1203. By Representatives Westmoreland of the 104th, Johnson of the 97th, Maddox of the 108th, Brooks of the 103rd and Evans of the 28th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court and litigation costs in civil cases, so as to provide that a plaintiff who loses at trial shall pay all court costs and attorney fees.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 10, 1994

21

HB 1204. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to amend Code Section 21-3-407 of the Official Code of Georgia Anno tated, relating to vote required for nomination or election in municipalities, so as to provide that runoffs shall be held on the twenty-first day after the day of holding the first primary or election.
Referred to the Committee on Governmental Affairs.

HB 1205. By Representatives Ladd of the 59th and Johnston of the 81st:
A bill to amend Part 1 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valo rem taxation of motor vehicles, so as to provide for a waiver of penalty and interest on such past due taxes in the event of a transfer of title of a motor vehicle.
Referred to the Committee on Ways & Means.

HB 1206. By Representative Ladd of the 59th:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for referrals for certain diagnostic or therapeutic tests.
Referred to the Committee on Health & Ecology.

HB 1207. By Representatives Ladd of the 59th and Johnston of the 81st:
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 the con tents of required notices of changes in taxpayer returns; to change certain provisions regarding interest on certain taxpayer refunds; to provide for waiv ers and exemptions.
Referred to the Committee on Ways & Means.

HB 1208. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
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 Gen eral Assembly amending the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1209. By Representatives Dobbs of the 92nd, Twiggs of the 8th, Colwell of the 7th, Sherrill of the 62nd, Lane of the 146th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to add state and federal appellate judges to the list of persons exempt from certain provisions of law relating to carrying weapons at school functions or on school property and relating to the possession and carrying of firearms.
Referred to the Committee on Public Safety.

22

JOURNAL OF THE HOUSE,

HB 1210. By Representatives Patten of the 176th, Barfoot of the 155th, Carter of the 166th and Floyd of the 138th:
A bill to amend Code Section 27-3-9 of the Official Code of Georgia Anno tated, relating to the unlawful enticement of game, so as to provide that it shall not be unlawful to entice deer to an area where hunters are or will be hunting; to provide that it shall not be unlawful to hunt deer in a location where feed or bait has been placed.
Referred to the Committee on Game, Fish & Parks.
HB 1211. By Representatives Pinholster of the 15th, Stancil of the 16th, Lawrence of the 64th, Smith of the 174th and Harris of the 17th:
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, except for payments for medical care and attention, the entire award of compensation awarded by the board shall be paid directly to the claimant; to provide that the claimant shall be responsible for payment of certain fees from the award of compensation.
Referred to the Committee on Industrial Relations.
HB 1212. By Representatives Pinholster of the 15th, Stancil of the 16th, Lawrence of the 64th and Smith of the 174th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation in general, so as to make it a felony to make any false or misleading statement for the purpose of obtaining workers' compensation benefits or payments.
Referred to the Committee on Industrial Relations.
HB 1213. By Representatives Pinholster of the 15th, Stancil of the 16th, Lawrence of the 64th, Smith of the 174th and Harris of the 17th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to pro vide that the HOPE scholarship program of grants to qualifying high school students shall be extended to those qualifying students attending accredited private colleges and universities located in the State of Georgia.
Referred to the Committee on University System of Georgia.
HB 1214. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and Hugley of the 133rd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Anno tated, relating to the county where a motor vehicle is returned for ad valo rem tax purposes, so as to specify a criminal penalty for certain false statements in connection with such return.
Referred to the Committee on Ways & Means.

HB 1215. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
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 change provisions relating to nonpartisan elections for local government offices.
Referred to the Committee on Governmental Affairs.

MONDAY, JANUARY 10, 1994

23

HB 1216. By Representatives Johnson of the 153rd, Davis of the 60th, Pelote of the 149th, Crews of the 78th and Tillman of the 173rd:
A bill to amend Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to authorization of silent prayer or meditation period so as to provide for student initiated voluntary school prayers at schools or school related events which are nonsectarian and nonproselytizing in nature.
Referred to the Committee on Judiciary.

HB 1217. By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and Atkins of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.
Referred to the Committee on Health & Ecology.

HB 1218. By Representatives Thomas of the 100th, Bostick of the 165th and Chambless of the 163rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1219. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 1220. By Representatives Hughes of the 19th, Streat of the 167th, Coleman of the 142nd and Lane of the 146th:
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 that a person commits criminal trespass by entering the posted land of another; to amend Chapter 1 of Title 44 of the Official Code of Geor gia Annotated, relating to property, so as to provide methods of posting notice not to enter or remain upon land.
Referred to the Committee on Special Judiciary.

HB 1221. By Representatives Jamieson of the 22nd, Smith of the 109th, Porter of the 143rd, Parham of the 122nd and Maddox of the 108th:
A bill to amend Code Section 40-2-66 of the Official Code of Georgia Anno tated, relating to special license plates for members of the Georgia National Guard, so as to provide for the issuance, free of charge, of a motor vehicle license plate to retired members of the Georgia National Guard.
Referred to the Committee on Motor Vehicles.

24

JOURNAL OF THE HOUSE,

HB 1222. By Representatives Ladd of the 59th, Johnston of the 81st and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.
Referred to the Committee on Ways & Means.
HB 1223. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the fee for issuance of a replacement license plate or revalidation decal by the local tag agent; to change the fee for issuance of a replacement title.
Referred to the Committee on Motor Vehicles.
HB 1224. By Representative Jones of the 71st:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensure of electrical contractors, plumbers, condi tioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the registration of general contractors.
Referred to the Committee on Industry.
HB 1225. By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.
Referred to the Committee on Industry.
HB 1226. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to issue certain temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.
Referred to the Committee on Industry.
HB 1227. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first offender treatment and pleas of nolo contendere for certain offenses.
Referred to the Committee on Industry.

MONDAY, JANUARY 10, 1994

25

HB 1228. By Representatives Klein of the 39th, Atkins of the 29th, Kinnamon of the 4th, Golden of the 177th and Dix of the 76th:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of videotapes made by law enforcement officers as evi dence.
Referred to the Committee on Special Judiciary.

HB 1229. By Representatives Harris of the 17th, Smith of the 174th, Pinholster of the 15th, Stancil of the 16th and Trense of the 44th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles shall as a condi tion of parole order certain sex offenders to provide notice and information to certain persons and officials in the community where the offenders will reside upon release on parole.
Referred to the Committee on Judiciary.

HB 1230. By Representatives Dobbs of the 92nd, Sherrill of the 62nd and Watts of the 26th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for imposition of a sentence of work release for a first or second conviction of driving under the influence of alcohol or drugs.
Referred to the Committee on Judiciary.

HB 1231. By Representatives Buckner of the 95th and Henson of the 65th:
A bill to amend Chapter 1 of Title 21 of the Official Code of Georgia Anno tated, relating to elections in general, so as to establish a code of conduct for candidates for elective office.
Referred to the Committee on Governmental Affairs.

HB 1232. By Representatives Milam of the 130th, Smith of the 102nd and Epps of the 131st:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1233. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Anno tated, relating to certificates of title for motor vehicles, so as to repeal the provision that the certificate of title for a mobile home which has been declared to be real property shall be retired.
Referred to the Committee on Motor Vehicles.

26

JOURNAL OF THE HOUSE,

HB 1234. By Representatives Ladd of the 59th and Johnston of the 81st:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Anno tated, relating to certificates of title, so as to provide for issuance of a new certificate of title for a vehicle which is more than 14 years old and which has been registered in Georgia for three consecutive years upon payment of an additional fee.
Referred to the Committee on Motor Vehicles.

HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Anno tated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title applica tion to either the commissioner or the local tag agent in the county of the vehicle owner's residence.
Referred to the Committee on Motor Vehicles.

HB 1236. By Representative Jones of the 71st:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide that such court shall not have jurisdiction over a child aged 13 to 17 years who is alleged to have committed the offense of murder, rape, kidnapping, armed robbery, or the use of a firearm or other weapon in the commission of or attempt to commit certain offenses.
Referred to the Committee on Special Judiciary.

HB 1237. By Representative Jones of the 71st:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for enhanced criminal penalties for the use of firearms and other dangerous weapons during the commission of certain offenses; to make such enhanced penalties mandatory.
Referred to the Committee on Special Judiciary.

HB 1238. By Representative Jones of the 71st:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide that such court shall not have jurisdiction over a child aged 13 to 17 years who is alleged to have committed the offense of murder, rape, kidnapping, armed robbery, or the use of a firearm or other weapon in the commission of or attempt to commit certain offenses.
Referred to the Committee on Special Judiciary.

HB 1239. By Representative Jones of the 71st:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensure of electrical contractors, plumbers, condi tioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the licensure of general contractors.
Referred to the Committee on Industry.

MONDAY, JANUARY 10, 1994

27

HB 1240. By Representatives Hegstrom of the 66th, Mobley of the 69th, Randolph of the 72nd, Coleman of the 142nd and Yates of the 106th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to the uniform rules of the road, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the road way upon which the vehicle is traveling, or when the pedestrian is approach ing and is within one lane of the half of the roadway on which the vehicle is traveling.
Referred to the Committee on Transportation.

HB 1258. By Representatives Murphy of the 18th and Coleman of the 142nd:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1994.
Referred to the Committee on Appropriations.

HB 1259. By Representatives Murphy of the 18th and Coleman of the 142nd:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1994.
Referred to the Committee on Appropriations.

HB 1260. By Representatives Coleman of the 142nd and Murphy of the 18th:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1995.
Referred to the Committee on Appropriations.

HB 1261. By Representatives Murphy of the 18th and Coleman of the 142nd:
A bill to provide supplementary appropriations for the State Fiscal Year end ing June 30, 1995.
Referred to the Committee on Appropriations.

HR 659. By Representative Poag of the 6th:
A resolution proposing an amendment to the Constitution so as to require the State of Georgia to fund 90 percent of the cost necessary to implement programs or activities mandated by the state upon counties, municipalities, or school boards or any combination thereof.
Referred to the Committee on Appropriations.

HR 660. By Representatives Walker of the 141st, Lee of the 94th, Groover of the 125th and Mobley of the 86th:
A resolution designating the conference room adjacent to the office of the Speaker of the House of Representatives as the Smith-Murphy Conference Room.
Referred to the Committee on Rules.

28

JOURNAL OF THE HOUSE,

HR 661. By Representative Lane of the 55th:
A resolution urging the President and Congress of the United States to take certain action with regard to federally mandated programs affecting states and local governments.
Referred to the Committee on Appropriations.

HR 662. By Representatives Murphy of the 18th, Buck of the 135th, Royal of the 164th and Skipper of the 137th:
A resolution re-creating the Joint Study Commission on Revenue Structure; providing for access by the commission and its staff to certain otherwise con fidential Department of Revenue information.
Referred to the Committee on Ways & Means.

HR 663. By Representative Cauthorn of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of each county and municipality in this state to establish a separate class or classes of property for ad valorem tax purposes and provide for taxation at different rates or valuations in order to encourage revitalization and redevelopment.
Referred to the Committee on Ways & Means.

HR 664. By Representatives Davis of the 48th and Stanley of the 50th: A resolution creating the Joint Regional Hospital Study Committee.
Referred to the Committee on Health & Ecology.

HR 665. By Representatives Chambless of the 163rd, Thomas of the 100th, Walker of the 141st, Lee of the 94th, Stancil of the 16th and others:
A resolution reprimanding the Representative from the 96th District and ordering him to apologize to the House.
Referred to the Committee on Ethics.

HR 666. By Representatives Harris of the 17th, Smith of the 174th, Pinholster of the 15th, Stancil of the 16th, Davis of the 60th and others:
A resolution proposing an amendment to the Constitution so as to provide that when a person is convicted the third time of a forcible felony, resulting from three separate acts or occurrences, the State Board of Pardons and Paroles shall not have the authority to consider such person for pardon or parole and, if such person has not been sentenced to death, such person shall be imprisoned for life without parole.
Referred to the Committee on Judiciary.

HR 667. By Representatives Davis of the 48th, Stanley of the 50th, Tillman of the 173rd and James of the 140th:
A resolution urging the Congress of the United States to adopt an amend ment to the United States Constitution which will permit voluntary group prayer in public schools.
Referred to the Committee on Education.

MONDAY, JANUARY 10, 1994

29

HR 668. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution designating the Howard "Bo" Warren Parkway.
Referred to the Committee on Transportation.
HR 669. By Representatives Pinholster of the 15th, Stancil of the 16th, Lawrence of the 64th, Smith of the 174th and Towery of the 30th:
A resolution proposing an amendment to the Constitution so as to provide that the question of the continued existence of any lottery or lotteries run by or on behalf of the state shall be submitted to the voters in 1996 and biennially thereafter.
Referred to the Committee on Industry.
HR 670. By Representatives Poston of the 3rd, Teper of the 61st and Joyce of the 1st:
A resolution censuring the Representative from the Eighteenth District.
Referred to the Committee on Ethics.
HR 671. By Representatives Klein of the 39th, Atkins of the 29th, Dix of the 76th, Yates of the 106th and Trense of the 44th: A resolution proposing an amendment to the Constitution so as to provide that paroles shall not be given to persons convicted of murder, voluntary manslaughter, armed robbery, kidnapping, rape, aggravated sodomy, aggra vated child molestation, arson in the first degree, homicide by vehicle while under the influence of alcohol, aggravated battery or aggravated assault.
Referred to the Committee on Judiciary.
HR 672. By Representatives Royal of the 164th, Buck of the 135th, Skipper of the 137th, Harris of the 112th, Cox of the 160th and others:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 2 percent, which rate of taxation may be adjusted as necessary by the General Assem bly.
Referred to the Committee on Ways & Means.

HR 673. By Representative Ladd of the 59th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize an additional source of revenue for the purpose of funding a homestead exemption from ad valo rem taxes for educational purposes through the imposition of a 1 percent local option sales and use tax.
Referred to the Committee on Ways & Means.

HR 674. By Representatives Ehrhart of the 36th, Davis of the 60th, Joyce of the 1st, Mann of the 5th, Towery of the 30th and others:
A resolution proposing an amendment to the Constitution so as to provide that vacancies on the Court of Appeals and the Supreme Court shall be filled by the Governor subject to confirmation by a majority roll-call vote of both the House of Representatives and the Senate.
Referred to the Committee on Judiciary.

30

JOURNAL OF THE HOUSE,

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

HB 1152 HB 1153 HB 1154 HB 1155 rHlKB 11115567
HB 1158
HB 1159
HB 1160
HB 1161
HB 1162

HB 1163 HB 1164 HB 1165 HB 1166 uTMu 1l1TMCT
TM 53
HR 564
HR 579
HR 606
HR 609

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

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

SR 372. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A resolution to notify the House of Representatives that the Senate has con vened.

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

HR 652. 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 notify the Governor that the General Assembly has convened.

The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Oliver of the 42nd, Thomas of the 10th, Ragan of the 32nd, Ralston of the 51st and Boshears of the 6th.

HR 655. 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 inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor.

HR 656. 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 calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

MONDAY, JANUARY 10, 1994

31

HR 657. 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 calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Bowen of the 13th, Newbill of the 56th, Blitch of the 7th and Scott of the 36th.

HR 658. 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 relative to adjournment.

By unanimous consent, the following Resolution of the Senate was read the first time and referred to the committee:

SR 248. By Senator Oliver of the 42nd: A resolution designating the Clark Harrison State Office Building.
Referred to the Committee on State Institutions & Property.

Representative Bunn of the 74th arose to a point of personal privilege and addressed the House.

Representative Hembree of the 98th arose to a point of personal privilege and addressed the House.

Representative Jones of the 71st arose to a point of personal privilege and addressed the House.

Representative Lakly of the 105th arose to a point of personal privilege and addressed the House.

Representative Wall of the 82nd arose to a point of personal privilege and addressed the House.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

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

HR 675. By Representative Channell of the lllth:
A resolution commending the Green-Taliaferro Tigers football team and inviting the team to appear before the House of Representatives.

HR 676. By Representative Chandler of the 99th:
A resolution commending the Lithia Springs High School women's softball team and inviting the team and its coaches to appear before the House of Representatives.

32

JOURNAL OF THE HOUSE,

HR 677. By Representatives Ladd of the 59th, Davis of the 60th, Teper of the 61st, Sherrill of the 62nd, Henson of the 65th and others:
A resolution commending the Dunwoody High School Wildcats football team and inviting Coach David Kelly, his coaching staff, the members of the team, and Jennie Springer, principal of Dunwoody High School, to appear before the House of Representatives.

HR 678. By Representatives Stancil of the 91st, Smyre of the 136th, Godbee of the 145th, Reaves of the 178th and McBee of the 88th:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Repre sentatives; recognizing the observance of 4-H Day at the state capital.

The following Resolutions of the House were read and adopted:

HR 679. By Representatives Johnson of the 97th, Bailey of the 93rd, Lee of the 94th, Buckner of the 95th and Benefield of the 96th:
A resolution commending Mundy's Mill Middle School.

HR 680. By Representatives Greene of the 158th and Cox of the 160th: A resolution recognizing and commending Raymond C. Singletary, Jr.

HR 681. By Representative Chandler of the 99th: A resolution commending the Stewart Middle School football team.

HR 682. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A resolution commending Maria Vickers.

HR 683. By Representative Chandler of the 99th: A resolution commending the Alexander High School football team.

HR 684. By Representatives Buck of the 135th, Hugley of the 133rd, Culbreth of the 132nd, Smith of the 102nd, Smyre of the 136th and others:
A resolution commending the Wynnton School on its 150th anniversary.

HR 685. By Representatives Buck of the 135th, Hugley of the 133rd, Smith of the 102nd, Culbreth of the 132nd, Taylor of the 134th and others:
A resolution expressing regret at the passing of Honorable Roscoe Thompson.

HR 686. By Representatives Buck of the 135th, Hugley of the 133rd, Smith of the 102nd, Culbreth of the 132nd and Smyre of the 136th:
A resolution expressing regret at the passing of Jessie Taylor.

HR 687. By Representatives Mosley of the 171st and Smith of the 169th: A resolution commending and congratulating Mrs. Amy Brown.

MONDAY, JANUARY 10, 1994

33

HR 688. By Representatives Buck of the 135th, Hugley of the 133rd, Culbreth of the 132nd, Smith of the 102nd, Smyre of the 136th and others:
A resolution commending Judge Rufe E. McCombs.

HR 689. By Representatives Pinholster of the 15th, Harris of the 17th and Stancil of the 16th:
A resolution commending Barbara Ellis.

HR 690. By Representatives Pinholster of the 15th, Harris of the 17th and Stancil of the 16th:
A resolution commending Doris Callin.

HR 691. By Representatives Smith of the 109th and Jenkins of the 110th: A resolution commending Rhonda Toon.

HR 692. By Representatives Cummings of the 27th and Murphy of the 18th: A resolution commending Jason Parris.

HR 693. By Representative Bostick of the 165th: A resolution commending Katherine Stewart.

HR 694. By Representative Floyd of the 138th: A resolution commending Matthew Randolph.

HR 695. By Representatives Mann of the 5th, Kinnamon of the 4th and Poag of the 6th:
A resolution commending Autumn Stevenson.

HR 696. By Representative Coleman of the 142nd: A resolution commending Patrick Lucas.

HR 697. By Representative Pinholster of the 15th: A resolution commending Cory Watson.

HR 698. By Representative Pinholster of the 15th: A resolution commending Heidi Kinser.

HR 699. By Representatives Mueller of the 152nd, Dixon of the 150th, Johnson of the 153rd, Johnson of the 148th, Pelote of the 149th and others:
A resolution congratulating Mr. and Mrs. James Robert Ambrose upon their fiftieth wedding anniversary.

HR 700. By Representatives Purcell of the 147th and Oliver of the 154th:
A resolution expressing regret at the passing of Dr. William Eugene Smith of Pembroke, Georgia.

34

JOURNAL OF THE HOUSE,

HR 701. By Representatives Smith of the 174th, Stancil of the 16th, Lawrence of the 64th, Pinholster of the 15th, Mueller of the 152nd and others:
A resolution expressing sympathy at the passing of Edwin A. Isakson.

The following communications were received:

OFFICE OF THE GOVERNOR State Capitol, Atlanta, Georgia 30334
Memorandum

To:

House, Senate and Secretary of State

From: Cindy Wright

Subject: Line Item Vetoes in House Bill 259

Date: April 28, 1993

Please be advised that Governor Miller has line item vetoed the following sections in House Bill 259:
Section 56, Page 57, first paragraph
Section 64, Page 62
Section 66, Page 63
Section 69, Page 65, paragraph i.)
Section 80, Page 71
CDW/cln Attachments
State of Georgia Office of the Governor
Atlanta 30334-0900
April 29, 1993
Honorable Thomas B. Murphy Speaker of the House
of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 58, 206, 223, 292, 745, 978 and 1124 which were passed by the General Assembly of Georgia at the 1993 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and correspond ing reasons for their veto are attached.
With kindest regards, I remain
Sincerely, /B/ Zell Miller

MONDAY, JANUARY 10, 1994

35

ZM/cwc Attachments
cc: Honorable Pierre Howard, Lieutenant Governor Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

VETO NUMBER 9 HOUSE BILL 58
House Bill 58 was local legislation relating to the public school system for the City of Gainesville. House Bill 58 contained technical errors which were discovered subsequent to passage of the bill by the House and Senate. Therefore, pursuant to the request of the local legislative delegation, I hereby veto House Bill 58.

VETO NUMBER ONE HOUSE BILL 206
House Bill 206 substantially increases the minimum salaries of local elected constitu tional officials--sheriffs, clerks of court, probate judges and tax commissioners. I hereby veto House Bill 206 because the pay raises are in the wrong amount, done at the wrong time and done in the wrong way.
The amount of the pay raise is wrong because some probate judges would have received a raise approaching 24% and some tax commissioners would have seen their sal ary raised by nearly one-third. Georgia is only now beginning to recover from recession. Private employers are still down-sizing; businesses are struggling. Working Georgians are lucky Georgians--and luckier still if they received even a nominal pay raise in the past few years.
The timing of the pay raise was wrong because it occurred immediately following an election at which all candidates knew what the salary of the office was when they were running for election.
Finally, the manner in which the across-the-board pay raises were accomplished was wrong because it was done in the closing hours on the last day of the legislative session with no opportunity for public debate or local government input. Pay raises of this magni tude must be carefully budgeted for and by local governments. Smaller units of govern ment simply cannot casually absorb up to a one-third increase in an elected official's salary. Some local governments may have had to raise local taxes to pay for such legislatively mandated pay raises.
As Governor, I believe that citizens should have input into decisions which directly affect their taxes. By folding these pay raises into a conference committee report in the closing hours on the last day of the session, the General Assembly denied public access while promoting public excess at the expense of local governments and local taxpayers. Therefore, I hereby veto House Bill 206.

VETO NUMBER 4 HOUSE BILL 223
House Bill 223 changes the provisions relating to continuing education for coroners and authorizes the State Board of Funeral Service to impose up to 16 hours of continuing education for embalmers and funeral directors.
The portion of House Bill 223 revising the continuing education provisions affecting coroners presents no problem. The problem with the bill involves that part of the bill

36

JOURNAL OF THE HOUSE,

which establishes continuing education requirements for funeral directors and embalmers. In that part, the bill contained a technical error which would have precluded one of the three major funeral directors' associations from being in a position to offer mandatory con tinuing education courses. The legislative sponsors of this particular portion of the bill have advised me that this was an oversight. Those same sponsors together with the State Board of Funeral Service agree that this oversight should be corrected prior to the bill becoming law.
Though I support imposition of such continuing education requirements, due to tech nical oversight, I hereby veto House Bill 223.

VETO NUMBER 5 HOUSE BILL 292
House Bill 292 would change the provisions relating to issuance of special prestige license plates for amateur radio operators. The law currently permits an amateur radio operator to apply to receive a prestige plate upon payment of an initial manufacturing fee in the amount of $25.00 and upon payment of a $25.00 annual renewal fee. House Bill 292 would give amateur radio operators one free prestige tag and would also exempt that first tag from payment of the $25.00 annual renewal fee. The manufacturing fee and $25.00 annual renewal fee would still be required for second or additional plates.
In only a very few limited cases does the law provide one free prestige plate to a cate gory of persons. Those few categories include: consular corp, disabled veterans, Medal of Honor Winners, active reservists, prisoners of war, and with the signature of House Bill 113 into law, Purple Heart Veterans. All other groups must pay an initial manufacturing fee and an annual registration fee to receive their prestige plate.
I am concerned that granting this exception to amateur radio operators would open the door to other exceptions and give one category of prestige plate holders an advantage over others similarly situated.

VETO NUMBER 7 HOUSE BILL 745
House Bill 745 was local legislation that provided for a homestead exemption from Wayne County ad valorem taxes and Wayne County School District ad valorem taxes. Subsequent to its passage, the local legislative delegation and the Wayne County Commis sion determined this matter requires further study. Therefore, at the request of the local legislative delegation, I hereby veto House Bill 745.

VETO NUMBER 8 HOUSE BILL 978
House Bill 978 was local legislation providing for the reincorporation of the Town of Sumner in Worth County. House Bill 978 contained a technical error which was discovered by the author subsequent to passage of the bill by both the House and Senate. Therefore, at the request of the author of the bill, I hereby veto House Bill 978.

VETO NUMBER 10 HOUSE BILL 1124
House Bill 1124 was local legislation that provided a new charter for the Town of Sumner in Worth County. Subsequent to passage of the bill by both the House and Sen ate, the author, with the concurrence of the town council, determined this matter required further review by the local community. Therefore, at the request of the author, I hereby veto House Bill 1124.

MONDAY, JANUARY 10, 1994

37

State of Georgia Office of the Governor
Atlanta 30334-0900
April 30, 1993
Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bills 139, 178, 179, 181, 182, 184, 283, 316 and 342 which were passed by the General Assembly of Georgia at the 1993 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and correspond ing reasons for their veto are attached.
With kindest regards, I remain
Sincerely, /&/ Zell Miller
ZM/cwc Attachments
cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

VETO NUMBER 3 SENATE BILL 139
Senate Bill 139 proposes to provide for a local property tax amnesty program and amends provisions relating to the State tax amnesty program.
I support giving local governments as effective a tool for revenue generation that I asked the General Assembly to approve for the State in 1992. The State realized over $50 million dollars from implementation of its tax amnesty program. I would hope that local governments could obtain similar success. The problem with Senate Bill 139 was not that it offered local governments an opportunity to initiate amnesty programs, but that it would potentially undermine the State's amnesty program.
The success of any amnesty program is entirely dependent upon the certainty of sanc tions imposed following amnesty. The State extensively advertised its amnesty program and advised taxpayers to pay today to avoid stiff collection fees tomorrow. Those fees which were approved by the General Assembly and incorporated into the design of the State amnesty program and which were broadly advertised were a 50% collection fee on accounts due and owing before December 31, 1990 (the cutoff date for amnesty accounts) and a 20% collection fee on accounts due and owing after December 31, 1990. During deliberations on Senate Bill 139, a House floor amendment was offered which significantly reduced the collection fees provided in the State amnesty program: the 50% collection fee would be reduced to 20% and the 20% would be reduced to 10%.
Lowering collection fees carries two important implications for the State. First, reduc tions in fees would reduce State revenues. The Revenue Department estimates that if Sen ate Bill 139 were approved with these lower fees, the State will lose approximately

38

JOURNAL OF THE HOUSE,

$800,000 in collection fees in Fiscal Year 1994 and $2.5 million dollars each year thereafter. Secondly, and perhaps more importantly, the State would lose credibility because it talked a tough talk but immediately relaxed penalties following the amnesty period.
I certainly would support efforts to extend the concept and design of the State tax amnesty program to local governments. However, I simply cannot approve Senate Bill 139 in its current form with its lowered collection fees for the State. Accordingly, I hereby veto Senate Bill 139.

VETO NUMBER 11 SENATE BILL 178
Senate Bill 178 was local legislation that provided for an increase in the compensation of the chairman of the Clayton County Board of Commissioners. Subsequent to passage of this bill by both the House and the Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legisla tive delegation, I hereby veto Senate Bill 178.

VETO NUMBER 12 SENATE BILL 179
Senate Bill 179 was local legislation that provided for an increase in the county sup plement to the salary of Clayton Judicial Circuit Superior Court Judges. Subsequent to passage of this bill by both the House and Senate, the local legislative delegation deter mined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 179.

VETO NUMBER 13 SENATE BILL 181
Senate Bill 181 was local legislation that provided for an increase in the county sup plement to the salary of the district attorney of the Clayton Judicial Circuit. Subsequent to passage of this bill by both the House and Senate, the local legislative delegation deter mined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 181.

VETO NUMBER 14 SENATE BILL 182
Senate Bill 182 was local legislation that provided for an increase in the salary of the sheriff of Clayton County. Subsequent to passage of this bill by both the House and Sen ate, the local legislative delegation determined this matter required further review. There fore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 182.

VETO NUMBER 15 SENATE BILL 184
Senate Bill 184 was local legislation that provided for an increase in the compensation of the official court reporters of the Clayton Judicial Circuit. Subsequent to passage of the bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delega tion, I hereby veto Senate Bill 184.

VETO NUMBER TWO SENATE BILL 283
Senate Bill 283 as it was originally introduced would have increased voter participa tion by simplifying election processes in nonpartisan elections. However, in the version

MONDAY, JANUARY 10, 1994

39

which was finally passed, Senate Bill 283 would decrease voter participation and increase voter frustration by taking away a voter's right to vote a straight party ticket.
I oppose eliminating a voter's choice to vote a straight party ticket. Senate Bill 283 would silence those voters who in the past have exercised their option to vote straight party. The State should encourage, not discourage, voter participation in the political pro cess. Senate Bill 283 accomplishes exactly the opposite. Elimination of the option to vote straight-party would make voting more burdensome, more cumbersome, and more timeconsuming on Georgia voters.
The second problem with this bill involves the manner of its passage. This fundamen tal change in voting procedures was inserted into a conference committee report and brought before the full legislature for approval only minutes before final adjournment of the Session. The public had no opportunity to influence the legislature's vote on the way the public chooses to cast its vote. A change of this magnitude should be fully debated and disclosed prior to final passage.
Finally, since this would affect voting procedures, Senate Bill 283 would have to receive Justice Department approval under the Voting Rights Act. I cannot in good con science ask the Justice Department to approve such a fundamental change in Georgia's voting procedures when no statistics on the impact of such a change were presented to the legislature and when the voting public was afforded no opportunity for comment.
For these reasons, I hereby veto Senate Bill 283.

VETO NUMBER 16 SENATE BILL 316
In 1991 the General Assembly approved Senate Bill 328 which provided for fewer but tougher tests for Georgia's students. I had offered Senate Bill 328 in an effort to comprehensively reform Georgia's tests and testing procedures. Senate Bill 328 was predi cated on my belief that Georgia's teachers and educators should concentrate on educating students to do well in life, not on educating students to prepare them to do well on a mul titude of assessment tests.
Senate Bill 316 would delay implementation of the testing reforms approved by the 1991 General Assembly until 1995 by requiring another full year of field testing of the llth grade graduation tests. Already, the State has provided for a full year of field tests prior to implementation of the llth grade graduation tests. The llth grade graduation test is scheduled to be in place in the Spring of 1994.
The State has done its homework. Just as many of the tests required before testing reform were exercises in test-taking, an additional year of field testing of the llth grade graduation test is not expected to yield any unexpected information.
Too many tests yielding too little information have been the problem for too long. The time is now to implement the 1991 testing reforms. For these reasons, I hereby veto Senate Bill 316.

VETO NUMBER 6 SENATE BILL 342
Senate Bill 342 proposes to amend the "Upper Savannah River Development Author ity Act." A similar bill was proposed in the House and was also passed by the General Assembly. To avoid confusion, the author of Senate Bill 342 has requested that Senate Bill 342 be vetoed and its House counterpart, House Bill 941, be signed into law. Accordingly, I hereby veto Senate Bill 342.

House of Representatives Atlanta
July 23, 1993

40

JOURNAL OF THE HOUSE,

Mr. Paul Lynch Legislative Fiscal Officer Room 434, State Capitol Atlanta, Georgia 30334
Dear Paul,
I am this date appointing Representative Bob Lane as Chairman of the Industrial Relations Committee of the Georgia House of Representatives.
Representative Lane will no longer serve as a member of the University System of Georgia Committee and will serve on the Industrial Relations Committee as Chairman thereof.
Sincerely, /s/ Thomas B. Murphy
cc: Honorable Zell Miller, Governor Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Claude Vickers, State Auditor Mr. Sewell Brumby, Legislative Counsel Mr. Steve Wrigley, Executive Secretary to the Governor House Information Office House Research Office Honorable Bob Lane

House of Representatives Atlanta
July 23, 1993
Mr. Paul Lynch Legislative Fiscal Officer Room 434, State Capitol Atlanta, Georgia 30334
Dear Paul,
I am this date appointing Representative Calvin Smyre as Chairman of the University System of Georgia Committee of the Georgia House of Representatives.
Representative Smyre will no longer serve as a member of the Industrial Relations Committee and will serve on the University System of Georgia Committee as Chairman thereof.
Sincerely, /s/ Thomas B. Murphy
cc: Honorable Zell Miller, Governor Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Claude Vickers, State Auditor Mr. Sewell Brumby, Legislative Counsel Mr. Steve Wrigley, Executive Secretary to the Governor

MONDAY, JANUARY 10, 1994

41

House Information Office House Research Office Honorable Calvin Smyre

House of Representatives Atlanta
July 23, 1993
Mr. Paul Lynch Legislative Fiscal Officer Room 434, State Capitol Atlanta, Georgia 30334
Dear Paul,
I am this date appointing Representative Frank Stancil as Vice-Chairman of the Uni versity System of Georgia Committee of the Georgia House of Representatives.
Sincerely, /s/ Thomas B. Murphy
cc: Honorable Zell Miller, Governor Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Claude Vickers, State Auditor Mr. Sewell Brumby, Legislative Counsel Mr. Steve Wrigley, Executive Secretary to the Governor House Information Office House Research Office Honorable Frank Stancil

House of Representatives Atlanta
July 23, 1993
Mr. Paul Lynch Legislative Fiscal Officer Room 434, State Capitol Atlanta, Georgia 30334
Dear Paul,
I am this date appointing Representative Tim Golden as Secretary of the University System of Georgia Committee of the Georgia House of Representatives.
Sincerely, /a/ Thomas B. Murphy
cc: Honorable Zell Miller, Governor Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Claude Vickers, State Auditor Mr. Sewell Brumby, Legislative Counsel

42

JOURNAL OF THE HOUSE,

Mr. Steve Wrigley, Executive Secretary to the Governor House Information Office House Research Office Honorable Tim Golden

House of Representatives Atlanta
July 23, 1993
Mr. Paul Lynch Legislative Fiscal Officer Room 434, State Capitol Atlanta, Georgia 30334
Dear Paul,
I am this date appointing Representative Thomas B. Buck, III as Chairman of the Ways and Means Committee of the Georgia House of Representatives.
Representative Buck will remain as a member of the committees on which he cur rently serves, except for Appropriations where he will be Ex-Officio by virtue of being Chairman of Ways and Means.
Sincerely, /s/ Thomas B. Murphy
cc: Honorable Zell Miller, Governor Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert E. Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Claude Vickers, State Auditor Mr. Sewell Brumby, Legislative Counsel Mr. Steve Wrigley, Executive Secretary to the Governor House Information Office House Research Office Honorable Thomas B. Buck, III

House of Representatives Atlanta
August 18, 1993
Mr. Paul Lynch Legislative Fiscal Office Room 434, State Capitol Atlanta, Georgia 30334
Dear Paul:
I am this date appointing Representative Larry Smith to the Intra Governmental Coordination Committee as Vice Chairman to replace Representative Bob Lane who has been appointed chairman of the Industrial Relations Committee. Rep. Bob Lane will remain a member of the Intra Governmental Coordination Committee. Please adjust your records accordingly.
Sincerely, 1st Thomas B. Murphy
Speaker

MONDAY, JANUARY 10, 1994

43

TBM/tm
cc: Honorable Zell Miller, Governor Honorable Pierre Howard, Lieutenant Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert Rivers, Jr., Clerk, House of Representatives Mr. Frank Eldridge, Secretary of the Senate Mr. Claude Vickers, State Auditor Mr. Sewell Brumby, Legislative Counsel Mr. Steve Wrigley, Executive Secretary to the Governor House Information Office House Research Office Honorable Larry Smith Honorable Bob Lane

House of Representatives Atlanta
December 9, 1993
Mr. Paul Lynch Legislative Fiscal Officer Room 434, State Capitol Atlanta, Georgia 30334
Dear Paul:
I am this date removing Representative Bob Holmes from the House Ways and Means Committee and placing him on the House Rules Committee.
Please adjust your records accordingly.
Sincerely, fa/ Thomas B. Murphy
Speaker
TBM:ku
cc: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lt. Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. Claude Vickers, State Auditor Mr. Steve Wrigley, Executive Secretary to the Governor Mr. Joe Brown, House Information Office Mr. Jim Mullins, House Research Office Representative Bill Lee, Rules Chairman Representative Tom Buck, Chairman of Ways and Means Representative Bob Holmes

Office of Legislative Counsel 316 State Capitol Building
Atlanta, Georgia 30334
January 3, 1994

44

JOURNAL OF THE HOUSE,

TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FOURTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT FOURTH DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Fourth Congressional District. Such caucus will be held in the Senate Chamber, State Cap itol Building, Atlanta, Georgia, on Wednesday, January 12, 1994, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Fourth Congressional District are eligible to participate in said caucus. Mem bers of the House of Representatives from those representative districts embraced or partly embraced within the Fourth Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

Office of Legislative Counsel 316 State Capitol Building
Atlanta, Georgia 30334
January 3, 1994
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE TENTH CONGRESSIONAL DISTRICT
RE: CAUCUS TO ELECT TENTH DISTRICT STATE TRANSPORTATION BOARD MEMBER
Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Tenth Congressional District. Such caucus will be held in the Senate Chamber, State Capi tol Building, Atlanta, Georgia, on Wednesday, January 12, 1994, at 3:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Tenth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Tenth Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

Honorable Mark Burkhalter Representative, District 41 345 Rolling Mist Court Alpharetta, Georgia 30202

House of Representatives Atlanta
January 5, 1994

MONDAY, JANUARY 10, 1994

45

Dear Representative Burkhalter:
I am this date removing you from the State Institutions and Property Committee and placing you on the Insurance Committee.
Sincerely, /a/ Thomas B. Murphy
Speaker
TBM:ku
c: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lt. Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. Claude Vickers, State Auditor Mr. Steve Wrigley, Executive Secretary to the Governor Mr. Joe Brown, House Information Office Mr. Jim Mullins, House Research Office Representative Carlton Colwell, Chairman Representative Jimmy Lord, Chairman

House of Representatives Atlanta
January 5, 1994
Honorable Sharon Trense Representative, District 44 135 Classic Cove Atlanta, Georgia 30350
Dear Representative Trense:
Effective this date, I am removing you from the State Institutions and Property Com mittee and placing you on the Children and Youth Committee.
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:ku
c: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lt. Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. Claude Vickers, State Auditor Mr. Steve Wrigley, Executive Secretary to the Governor Mr. Joe Brown, House Information Office Mr. Jim Mullins, House Research Office Representative Carlton Colwell, Chairman Representative Georganna Sinkfield, Chairman

46

JOURNAL OF THE HOUSE,

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

TUESDAY, JANUARY 11, 1994

47

Representative Hall, Atlanta, Georgia Tuesday, January 11, 1994

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 Brant Callaway, III, Pastor, Nicholls Baptist Church, Nicholls, 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.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1241. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th: 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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.
Referred to the Committee on Ways & Means.
HB 1242. By Representative Smith of the 109th: 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 provide for an exemption with respect to Georgia Peace Officer Standards and Training Council certi fied reserve police officers.
Referred to the Committee on Public Safety.

48

JOURNAL OF THE HOUSE,

HB 1243. By Representative Smith of the 109th:
A bill to amend Code Section 16-11-66 of the Official Code of Georgia Anno tated, relating to interception of wire, oral, or electronic communication by a party thereto, so as to provide for the recording and divulging of telephonic conversations of a child under the age of 14 years.
Referred to the Committee on Judiciary.

HB 1244. By Representative Smith of the 109th:
A bill to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to the recognition of American Indian tribes, so as to change the listing of such tribes.
Referred to the Committee on Natural Resources & Environment.

HB 1245. By Representatives Smith of the 109th, Maddox of the 108th and Carlisle of the 107th:
A bill to amend Code Section 48-2-18 of the Official Code of Georgia Anno tated, relating to the State Board of Equalization, so as to change the man ner and method of appealing certain final assessments of public utility property.
Referred to the Committee on Ways & Means.

HB 1246. By Representative Smith of the 109th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to provide for certain transfers of property which shall not constitute a breach of a cove nant.
Referred to the Committee on Judiciary.
HB 1247. By Representative Smith of the 109th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to prohibit the sale, offering for sale, or giving to consumers a nonreturnable container or a bever age in a nonreturnable container.
Referred to the Committee on Industry.

HB 1248. By Representative Smith of the 109th:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of intangibles, so as to repeal the intangible per sonal property tax.
Referred to the Committee on Ways & Means.

HB 1249. By Representatives Smith of the 175th, Carlisle of the 107th, Polak of the 67th, Lewis of the 14th, Stephenson of the 25th and others:
A bill to amend Code Section 33-25-13 of the Official Code of Georgia Anno tated, relating to receipt of benefits from insurance policy of deceased by person found guilty of murder or voluntary manslaughter, so as to provide that any person found guilty of homicide by vehicle in the first degree shall be prohibited from receiving benefits from any insurance policy on the deceased.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 11, 1994

49

HB 1250. By Representatives Smith of the 175th, Lewis of the 14th, Stephenson of the 25th and Shanahan of the 10th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for minimum mandatory sentences for driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.
HB 1251. By Representatives Irvin of the 45th, Burkhalter of the 41st, Campbell of the 42nd, Towery of the 30th and Trense of the 44th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxa tion of property, so as to provide for the determination of certain millage rates; to provide for definitions; to provide for certification of taxable values and millage rates; to provide for the adoption of millage rate resolutions and ordinances.
Referred to the Committee on Ways & Means.
HB 1252. By Representatives Irvin of the 45th, Burkhalter of the 41st, Campbell of the 42nd, Towery of the 30th and Trense of the 44th:
A bill to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to crime of possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as to provide that the sentence of any person which is imposed for a first violation of such Code section shall not be suspended, probated, deferred, or withheld prior to the defendant's serving a minimum term of imprisonment of one year.
Referred to the Committee on Judiciary.
HB 1253. By Representatives Irvin of the 45th, Burkhalter of the 41st, Campbell of the 42nd, Towery of the 30th and Trense of the 44th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the management of budgetary and financial affairs of the state, so as to provide for the inclusion in the Gover nor's budget report of estimated income, receipts, and expenditures for cur rent and future fiscal years.
Referred to the Committee on Appropriations.

HB 1254. By Representatives Thomas of the 100th, Chambless of the 163rd and Cauthorn of the 35th:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense pro grams, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts.
Referred to the Committee on Judiciary.

HB 1255. By Representative Thomas of the 100th:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Anno tated, relating to fleeing or attempting to elude a police officer, so as to pro vide that a police officer may give a visual or an audible signal to bring a vehicle to a stop.
Referred to the Committee on Judiciary.

50

JOURNAL OF THE HOUSE,

HB 1256. 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; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations.
Referred to the Committee on Health & Ecology.

HB 1257. By Representative Parham of the 122nd:
A bill to amend Article 2 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to distribution of profits of crimes, so as to pro vide for contracts regarding reenactment of a crime involving an inmate who has been accused or convicted of a crime committed while the inmate was incarcerated in a state penal institution.
Referred to the Committee on State Institutions & Property.

HB 1262. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to trans fer the administration of certain federal grants from the Environmental Pro tection Division of the Department of Natural Resources to the Georgia Environmental Facilities Authority.
Referred to the Committee on Natural Resources & Environment.

HB 1263. By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 8-2-23 of the Official Code of Georgia Anno tated, relating to the amendment and revision of certain state codes, so as to change a reference to the Office of Energy Resources; to provide for the transfer of assets and liabilities of and personnel employed by or assigned to the Office of Energy Resources to such authority.
Referred to the Committee on Natural Resources & Environment.

HB 1264. By Representative Stancil of the 91st: A bill to create a board of elections and registration for Oconee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1265. By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of appli cants for such license plates.
Referred to the Committee on Motor Vehicles.

TUESDAY, JANUARY 11, 1994

51

HB 1266. By Representatives Stephenson of the 25th and Harris of the 112th:
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 that there shall be no additional annual registration fee for firefighters' license plates.
Referred to the Committee on Motor Vehicles.

HB 1267. By Representatives McBee of the 88th, Heard of the 89th, Culbreth of the 132nd, Scoggins of the 24th, Skipper of the 137th and others:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to provide authority for tax collectors or tax commissioners to demand immediate payment of taxes or require a bond for security when there is reason to believe that the taxpayer intends to leave the state or remove his or her property from the taxing jurisdiction.
Referred to the Committee on Ways & Means.

HB 1268. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Skipper of the 137th:
A bill to amend Code Section 48-3-3 of the Official Code of Georgia Anno tated, relating to executions of tax collectors and tax commissioners, so as to provide that notice to the taxpayer that taxes are due on personal property shall not be required.
Referred to the Committee on Ways & Means.

HB 1269. By Representatives Randolph of the 72nd, Turnquest of the 73rd, Mobley of the 69th, Pelote of the 149th, Hegstrom of the 66th and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to require certificates of health, gloves, and hair nets for certain persons who handle food in food service establishments.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1270. By Representatives Simpson of the 101st and McClinton of the 68th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that the Department of Human Resources shall be designated as the state agency to implement and administer the state's lead hazard reduction program.
Referred to the Committee on Health & Ecology.

HB 1271. By Representative Titus of the 180th:
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 create the offense of criminal desecration to burial grounds.
Referred to the Committee on Special Judiciary.

52

JOURNAL OF THE HOUSE,

HB 1272. By Representatives Baker of the 70th, Orrock of the 56th and Bordeaux of the 151st:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to increase the amount of dependent exemption and retirement income exclusion with respect to Georgia taxable net income; to change the amount of certain income tax withholding exemp tion allowances.
Referred to the Committee on Ways & Means.

HB 1273. By Representatives Coleman of the 142nd, Buck of the 135th, Walker of the 141st, Greene of the 158th and Parrish of the 144th:
A bill to amend Code Section 28-5-5 of the Official Code of Georgia Anno tated, relating to the Budgetary Responsibility Oversight Committee, so as to change provisions of the committee.
Referred to the Committee on Appropriations.

HB 1274. By Representatives Coleman of the 142nd, Buck of the 135th, Walker of the 141st, Greene of the 158th and Parrish of the 144th:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to the requesting, preparation, and consideration of fiscal notes.
Referred to the Committee on Appropriations.

HB 1275. By Representatives Pelote of the 149th, Johnson of the 148th, Mueller of the 152nd, Bordeaux of the 151st, Johnson of the 153rd and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that judges of the Magistrate Court of Chatham County shall be elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1276. By Representatives Simpson of the 101st and Thomas of the 100th:
A bill to amend Code Section 12-8-40,1 of the Official Code of Georgia Anno tated, relating to tire disposal restrictions, so as to provide that persons col lecting a special fee on the sale of new tires shall be compensated for such service in an amount equal to 20 percent of the amount collected.
Referred to the Committee on Industry.

HB 1277. By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd, Hudson of the 156th, Cox of the 160th and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Anno tated, relating to punishment for criminal offenses involving theft, so as to change provisions relating to punishment of offenses involving the theft of growing or otherwise unharvested agricultural products.
Referred to the Committee on Agriculture & Consumer Affairs.

TUESDAY, JANUARY 11, 1994

53

HB 1278. By Representatives Walker of the 141st, Coleman of the 142nd, Lord of the 121st and Bannister of the 77th:
A bill to change provisions relating to assignment of benefits under certain health insurance plans; to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide that all such insurance policies shall contain a provision allowing assignment of benefits by the insured.
Referred to the Committee on Insurance.

HB 1279. By Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd, Holland of the 157th, Teper of the 61st and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit a candidate or campaign committee to accept contributions in the form of cur rency, coins, or both.
Referred to the Committee on Governmental Affairs.

HB 1280. By Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd, Holland of the 157th, Teper of the 61st and others:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit a candidate or campaign committee to accept contributions in the form of cur rency, coins, or both, except under certain circumstances.
Referred to the Committee on Governmental Affairs.

HB 1281. By Representative Randall of the 127th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.
Referred to the Committee on Special Judiciary.

HB 1282. By Representative Skipper of the 137th:
A bill to amend Code Section 34-8-196 of the Official Code of Georgia Anno tated, relating to the determination of eligibility for unemployment benefits of persons performing certain services, so as to provide that benefits shall not be paid based on certain temporary employment.
Referred to the Committee on Industrial Relations.

HB 1283. By Representatives Parrish of the 144th, Murphy of the 18th, Parham of the 122nd, Powell of the 23rd, Harris of the 112th 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 change the time period for application to the Department of Public Safety for a replacement driver's license due to a change of the licensee's name or address.
Referred to the Committee on Motor Vehicles.

54

JOURNAL OF THE HOUSE,

HR 702. By Representatives Smith of the 175th, Shanahan of the 10th, Coleman of the 80th, Cox of the 160th, Johnston of the 81st and others:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission.
Referred to the Committee on Rules.

HR 703. By Representatives Dobbs of the 92nd, Lane of the 146th, Harris of the 112th and Ray of the 128th:
A resolution proposing an amendment to the Constitution so as to repeal the provisions requiring the funding of education by ad valorem taxation and provide for the imposition of a state-wide sales and use tax of 3 percent, the proceeds of which shall be used exclusively for educational purposes prior to the college or postsecondary level.
Referred to the Committee on Ways & Means.

HR 704. By Representatives Irvin of the 45th, Pinholster of the 15th, Campbell of the 42nd, Burkhalter of the 41st and Towery of the 30th:
A resolution proposing an amendment to the Constitution so as to limit the rate of growth in the state budget to the rate of growth in the gross state product unless approved by a two-thirds' vote of both houses of the General Assembly.
Referred to the Committee on Appropriations.

HR 705. By Representatives Johnson of the 153rd and Henson of the 65th:
A resolution urging the Southern Building Code Congress International, Inc., to increase the number of water closets for females required for Large Assembly Occupancies.
Referred to the Committee on Industry.

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

HB 1168 HB 1169 HB 1170 HB 1171 HB 1172 HB 1173 HB 1174 HB 1175 HB 1176 HB 1177 HB 1178 HB 1179 HB 1180 HB 1181

HB 1182 HB 1183 HB 1184 HB 1185 HB 1186 HB 1187 HB 1188 HB 1189 HB 1190 HB 1191 HB 1192 HB 1193 HB 1194 HB 1195

TUESDAY, JANUARY 11, 1994

55

HB 1196

HB 1197

HB 1198

HB 1199

HB 1200

HB 1201

HB 1202

HB 1203

HB 1204

HB 1205

HB 1206

HB 1207

HB 1208

HB 1209

HB 1210

HB 1211

HB 1212

HB 1213

HB 1214

HB 1215

HB 1216

HB 1217

HB 1218

HB 1219

HB 1220

HB 1221

HB 1222



HB 1223

HB 1224

HB 1225

HB 1226

HB 1227

HB 1228

HB 1229 HB 1230 HB 1231 HB 1232 HB 1233 HB 1234 HB 1235 HB 1236 HB 1237 HB 1238 HB 1239 HB 1240 HB 1258 HB 1259 HB 1260 HB 1261 HR 659 HR 660 HR 661 HR 662 HR 663 HR 664 HR 665 HR 666 HR 667 HR 668 HR 669 HR 670 HR 671 HR 672 HR 673 HR 674 SR 248

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 242 Do Pass, by Substitute
Respectfully submitted, /a/ Birdsong of the 123rd
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

56

JOURNAL OF THE HOUSE,

HB 192 Do Pass HB 230 Do Pass HB 499 Do Pass HB 500 Do Pass HB 632 Do Pass HB 685 Do Pass HB 959 Do Pass HB 1020 Do Pass

HB 1090 Do Pass HB 158 Do Pass, by Substitute HB 495 Do Pass, by Substitute HB 498 Do Pass, by Substitute HB 670 Do Pass, by Substitute HB 807 Do Pass, by Substitute HB 1091 Do Pass, by Substitute
Respectfully submitted, /a/ Cummings of the 27th
Chairman

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

HR 706. By Representatives Parrish of the 144th, Johnson of the 153rd, Dixon of the 150th, Johnson of the 148th, Pelote of the 149th and others:
A resolution commending Ray Ellis and inviting him to appear before the House of Representatives.

HR 707. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A resolution commending and recognizing the 1993 University of Georgia gymnastics team and inviting the team and its coaches and trainer to appear and be recognized before the House of Representatives.

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

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

HR 654. 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 calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The President has appointed as a Committee of Escort on the part of the Senate the following:
Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Coleman of the 1st, Langford of the 35th, Clay of the 37th and Hemmer of the 49th.

The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 654 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Sen ate, Lieutenant Governor Pierre Howard.

TUESDAY, JANUARY 11, 1994

57

The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Howard, Mrs. Howard, Speaker Murphy, Senators and Represen tatives, Members of the Judiciary, Members of the Consular Corps, other honored guests, my fellow Georgians.
When I stood here for the first time as your Governor in January of 1991, I spoke of "two Georgias."
Today it's more accurate to speak of three Georgias -- the Georgia that was, the Georgia that is, and the Georgia that can be.
The Georgia that we inherited in 1991 -- the Georgia that was -- was mired in a national recession. The Revenue Shortfall Reserve was empty, and the state budget was on a collision course with red ink.
It was a time of freeze and squeeze. We cut the budget, and then I called you back and we cut it some more.
We put stringent hiring and spending guidelines in place. We worked together.
And because we made those tough management choices at that time, I am pleased to report to you at this time our ship of state has a full head of steam, is on course and is moving in the right direction.
And now, the Georgia that is, has a state government that is leaner and more efficient.
Our budget is balanced. Our top bond ratings are intact, and we have saved enough to put $122.6 million into the rainy-day reserve.
Throughout the recovery, Georgia's job growth has been steady and has outpaced the nation. That pattern is expected to continue. We have now replaced all of the private sector jobs that were lost in Georgia during the recession and added 100,000 more.
In 1993, one out of every nine new jobs created in America was in Georgia; and the Selig Center at the University of Georgia predicts we will create another 90,000 jobs in Georgia in 1994.
So, the Georgia that is, is getting stronger every day. Housing starts and retail sales are up sharply above the national average. Personal income is up. Unemployment is down. Georgia has become a magnet for people seeking opportunity. Between July 1992 and July 1993, we were second in the nation in attracting population from other states.
Our prosperity in the 21st century -- the strength and security of the Georgia that can be -- will depend more on strong minds than on strong backs.
And as we look to that future -- as we build the Georgia that can be -- we gather the strength and courage we need to change and prosper by remembering our heri tage and the values that have made this nation great.
The fundamental premise upon which this state and this nation have been built is found in the first three words of the United States Constitution: "We, the people." In that remarkable document, crafted more than 200 years ago, our forebears struck a delicate bal ance between opportunity and responsibility.
They created a nation where no one was guaranteed happiness, but where everyone was given a chance to pursue it.

58

JOURNAL OF THE HOUSE,

But it was up to each individual to exert some personal initiative, to show some per sonal responsibility, and to be creative and resourceful with their opportunities.
And this nation did not become great because of the efforts of a governmental bureaucracy.
This nation became great because "we, the people" worked to build it up, together in our communities and individually in our own lives.
My mother used to quote what I thought was from the Bible. She would say, "Take what you want sayeth the Lord, take it and pay for it." I was a grown man before I real ized that is not in the Bible.
But it was my mother's philosophy, a philosophy about opportunity: "take what you want", and about responsibility: "and pay for it."
Those are the values that we must now renew and strengthen as we look toward the 21st century and the changes that are even now swirling around us.
They are also the values that underlie my goals for Georgia -- on the one hand, providing opportunity, but on the other, requiring responsibility.
So today, at the start of the 1994 Georgia General Assembly, I want to look with you at those goals and at the progress we are making toward providing opportunity and requir ing responsibility: those values that define the Georgia that can be.
The Georgia that can be is a state where it's safe for adults to sit on the front porch and for children to ride their tricycles on the sidewalk, instead of having to live behind burglar bars and double locked doors while thugs take charge of the streets.
And we're on the way, Georgia is moving in the right direction to becoming a safer state and protecting our citizens from those who would destroy their opportunities.
This administration has opened more prison beds than any administration in history. This administration has opened more boot camps than any other state in the United States. And today in Georgia, violent criminals are spending more time behind bars than before.
For the first time, judges and juries can now give depraved murderers life sentences that mean what they say -- life in prison, with no chance for parole.
But, this is not enough. It is only a start in the right direction of truth in sentencing.
Over and over again, our constituents ask, "Why can't violent criminals get tougher sentences? And why can't they actually serve the time the judge gives them?"
Well, I'm here today to tell you they should, they can and they will! In Georgia, I want it to be where if you do the crime, you're going to do the time.
I will propose to you that for certain violent crimes, offenders get a mandatory mini mum prison sentence of 10 years -- the judge can give more -- and they will serve the full length of whatever their given sentence is. No parole. No loopholes. No exceptions.
I want criminals who have been given a life sentence to spend 14 years in prison before they are even considered for parole -- double the current seven years.
And once a criminal has committed a second violent felony, that's right: second, I want him gone from society. I want to see him spend the rest of his life behind bars.
We will give them a second chance to be responsible citizens, but that's all they get. Some talk about three strikes and you're out. That's in baseball. Violent crime is not a game. In Georgia, I want the rule to be two strikes, and you're gone, gone forever.

TUESDAY, JANUARY 11, 1994

59

The Georgia that can be is a state where our citizens have the opportunity to be safe from drunk drivers as they travel our streets and highways.
Every legislative session since I have been Governor, I have pushed for tougher DUI laws, and every year we have made a little more progress.
And, we're on the way, Georgia is moving in the right direction. Deaths caused by drunk drivers have declined by 24 percent during this administration.
But we can do better. I believe we must do better. So once again, I'll be coming with tougher DUI proposals.
Last year I sponsored Senate Bill 27 to administratively suspend the driver's license of a first-time DUI offender. It passed the Senate and I will continue my efforts to get this crucial piece of legislation through the House of Representatives.
But I will also propose a new, comprehensive DUI bill. In Georgia, if you drink and drive, and get caught, even for the first time, I want you to spend at least 24 hours in jail "sobering up" in more ways than one.
And, I want to see it where nobody -- not first-time offenders, not repeat offenders who've had at least five years pass since their last conviction -- nobody be able to use the "nolo" plea to get out of having their license suspended.
The Georgia that can be is a state where children have the opportunity to concentrate and learn at school, because they are safe and free from the fear that somebody will pull a gun on them.
And this week I will bring you legislation and funding proposals for a comprehensive plan to make our schools safe, ban the possession of handguns for those under 18 with certain appropriate exceptions and make it a felony for anyone to sell or furnish someone under 18 a handgun.
My budget contains badly needed aid to help schools with security equipment to implement their safe school plans -- plans that have already been developed on the local level with parents and law enforcement officials.
I also propose that we help local systems -- and I mean help in a really meaningful way -- to create alternative schools for those students who continually disrupt classes.
I also want to modernize our juvenile justice system to crack down on those young punks who commit violent crimes.
We must understand that our present system did not envision the level of violence and viciousness among young offenders today.
These are not the Cleaver kids soaping up some windows. These are middle school kids conspiring to hurt their teacher, teenagers shooting people and committing rapes, young thugs running gangs and terrorizing neighborhoods, and showing no remorse when they get caught.
That is why I will introduce legislation to require that those between the ages of 13 and 17 who commit certain violent crimes such as rape, murder and aggravated battery, be tried and prosecuted as adults in superior court.
And if they are convicted, they should be given an adult sentence, to be served in a separate youth facility run by the Department of Corrections.
And please do not fail to note that this will also enable us to devote more time and more space for those young offenders who can be reclaimed, those young offenders who can be rehabilitated, and in my budget I am recommending more alternatives for that type of young offender.

60

JOURNAL OF THE HOUSE,

The Georgia that can be is a state where four-year-olds who are at risk have an oppor tunity to get the readiness skills they need in pre-kindergarten.
Because every dollar you spend for early childhood intervention saves five dollars along the way in education, criminal justice and welfare.
And we're on the way, nearly 6,500 children right now are in voluntary prekindergarten programs funded by the lottery. Within the next six months, we will have expanded to 10,000 children.
And then, during Fiscal Year 95, as you will see, I propose to double that number to 20,000 children and have at least one program in every county in the state.
The Georgia that can be is a state where we do all we can to open the doors of oppor tunity to Georgia's children -- and in return, we'll look for parents, teachers, children and their communities to shoulder the responsibility that's theirs.
And we're on our way. This year I'm proposing we expand the HOPE scholarship pro gram by raising the income cap to $100,000 to include more Georgia families. And cover mandatory fees and provide a book allowance.
And we are also proposing that we expand the HOPE program right through the sen ior year of college for students who maintain a "B" average every year.
In other states, the doors of college opportunity are being closed. The cost of college has increased so much that a college degree is out of reach for the families of many middle class students.
But not in Georgia. Any child, regardless of means, would be able to go from kinder garten to a completed college degree tuition free.
HOPE is also opening wide the doors of opportunity for students at our technical institutes.
That's giving these students the chance to get the skills they need to compete for tomorrow's jobs, not yesterday's -- jobs that you can build a future and a family on.
The Georgia that can be is a state where parents, teachers and communities have the opportunity to make decisions about their schools that are right for them.
And we're on the way, our Charter Schools, Georgia 2000, The Family Connection and Next Generation Schools are all programs that encourage local participation, programs that challenge local communities to reinvent education from the bottom up.
The Georgia that can be is a state where we give our children the tools they need for today's world.
That means computers in the classrooms, satellite dishes at the schools and training equipment in our technical schools that matches what's used in today's workplace.
We're on the way. Using lottery proceeds, we're modernizing Georgia's schools and classrooms. And as I outlined last week in my presentation of the amended budget for FY 94, we're about to put even more technology into our classrooms, media centers and tech nical schools.
Let me say one other thing about education: For everything that we just talked about to really work, we need to rededicate ourselves to some old values. Discipline in the class room. Stronger parental involvement. A reinvigorated commitment on the part of teachers.
I come from the old school that says, when it comes to education, children have to work hard, parents have to care and teachers have to inspire. There's no government pro gram that can force all that to happen. But as an old school teacher, I can tell you there's no stopping a child when it does.

TUESDAY, JANUARY 11, 1994

61

I grew up in a single-parent household. My father died two weeks after I was born.
My mother worked as a substitute school teacher and part-time at the post office, sold magazines and wooden plaques she made and painted mountain scenes on, whatever it took to put food on the table.
And she raised me to work. I got my first real job when I was 12. My mother had moved us to Atlanta during World War II, and I wore a big plastic peanut costume, and stood in front of a Planter's peanut store on Peachtree Street handing out teaspoons of peanuts. I also delivered The Atlanta Journal.
When we went back to Young Harris after the war, I worked summers on a timber cutting crew for $3 a day. I washed pans in the dining hall at Young Harris College, and waited tables and cooked hamburgers for $1 an hour when I was at the University.
What does that have to do with being Governor? Not a darn thing. But it has some thing to do, I submit, with a person and his values.
That's why I have no patience with those who have made welfare a way of life, some times through four generations. For many it has become a snare, not a safety net.
But we're on the way. Georgia is moving in the right direction toward requiring more personal responsibility with welfare reforms that demand more personal accountability on the part of recipients.
Compelling able-bodied adults without small children to work, requiring unmarried teenage moms to stay with their families, encouraging welfare recipients to delay having another child until they can take personal responsibility for bringing that new child into the world.
As divorce and out-of-wedlock births have become more prevalent in our society, more and more parents have taken to weaseling out of the responsibility for raising their chil dren.
It takes two to create a child, and I believe that two ought to be held accountable for raising that child. So we've made it easier for mothers to prove the paternity of their child, and tougher for "deadbeat dads" to avoid paying child support.
This year I will bring you another welfare reform proposal. I want to take another step requiring more personal responsibility from welfare recipients.
It will provide up to 10 pilot programs which require any welfare recipient who does not have pre-school children at home and who has been on welfare for more than 24 months to simply start doing a little work in exchange for those benefits by putting in 20 hours of community service every month.
Many of today's welfare recipients are on the rolls because they have never learned the personal responsibility of carrying out certain tasks that a job requires.
And the best way -- the only way -- to learn that is through work experience.
I hope you can help me with this, because I think it is very important that Georgia be one of the first states in the nation to have such a program.
And if it works as we expect it to, I want to see it expanded statewide.
And then, for those families not on welfare, those families who do work and save and sometimes come up a little short at the end of the month -- the families to whom I dedicated this administration -- I want to provide opportunity to this responsible group in the form of the biggest tax cut in Georgia history.
Now that the economy has turned around, we are not going to return to business as usual in this state government. We have steered the ship of state onto a new course and we are going to hold to it.

62

JOURNAL OF THE HOUSE,

We are going to do whatever is necessary to remove crime from our communities. We are going to do whatever is necessary to improve education for our children.
We are going to fulfill our responsibilities. But beyond that, I am proposing that we return the remaining tax revenues to the citizens of Georgia.
I want to put money into the pockets of our working families with children by increas ing the income tax allowance for each dependent from $1,500 to $2,500.
And into the pockets of our senior citizens by increasing the ceiling on the retirement income that is excluded from taxation from $10,000 to $12,000.
This is another kind of investment, an investment in our people -- a $100 million investment that will tell our hard-working families and senior citizens that here in Georgia, we really are changing the way government does business.
And finally, the Georgia that can be is a state where parents teach their children the lessons of personal responsibility and good conduct, of self-control and self-reliance.
State government can provide the external constraints. We can help schools purchase the security equipment they decide they need. We can ban the possession of handguns by youngsters.
We can provide tough penalties for violent crimes. And we can lock up repeat violent offenders.
These are things that government can do, and I believe we have come to the point in time when we must do them.
But they will never, ever take the place of parents doing what they ought to be doing at home. Nothing can take the place of that. Certainly not government.
We must give our children more than just the tools. We must give them our time. Par ents must read to them. Parents must demand that they do their homework. Parents must shut off the Game Boy and teach them the rules in the game of life: work, study, obey the law, respect your elders and your fellow citizens, get ahead, raise a family, live the Ten Commandments.
We can not expect the schools to raise our children. In fact, it is the parent's duty to help the teachers teach our children.
I am a teacher by profession. I am a parent whose sons graduated from our public schools, and now I am a grandparent with grandchildren attending our public schools. And I see things and I feel things from that perspective.
Providing opportunity by improving education and reducing taxes for working fami lies, demanding personal responsibility by getting tougher on crime and reforming our wel fare system -- that is what my mother meant by "taking what you want, and paying for it."
That is the goal of this administration. That is what I will continue to work with you on as we enter this 94 Session, and as this generation of Georgians looks ahead to our ren dezvous with the 21st century and the Georgia that can be.
God bless you. God bless Georgia.

Senator Ray of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

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

TUESDAY, JANUARY 11, 1994

63

The Speaker called the House to order.

Representative Groover of the 125th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

64

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 12, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Robert Anderson, Pastor, First Baptist Church, Swainsboro, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
The following communication was received:
House of Representatives Legislative Office Building, Room 511 H
Atlanta, Georgia 30334 January 10, 1994 The Honorable Thomas B. Murphy Speaker Georgia House of Representatives 332 State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: Please excuse my absence on Wednesday, January 12, 1994.

WEDNESDAY, JANUARY 12, 1994

65

I have been commanded to appear before United States District Court, Southern District in Savannah, Georgia, and expect to be in court the entire day.
Peace and Justice, /a/ Tyrone
Tyrone Brooks
TB:mo

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

HB 1284. By Representatives Johnson of the 153rd, Towery of the 30th and Campbell of the 42nd:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide that it shall be a criminal offense for the parent or legal guardian of a minor child to fail to prevent the delinquency of that parent's or legal guardian's minor child by failing to exercise reasonable care.
Referred to the Committee on Judiciary.

HB 1285. By Representative Kaye of the 37th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any athletic, musical, theatrical, or other event where the sales of such tickets of admission or other evidence of right of entry is made to the public.
Referred to the Committee on Industry.

HB 1286. By Representative Ehrhart of the 36th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Anno tated, relating to deputies of the boards of registrars, so as to provide that principals and assistant principals may appoint designees in their place.
Referred to the Committee on Governmental Affairs.

HB 1287. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a popula tion of 550,000 or more, so as to authorize such counties to take female business enterprise compliance into account in letting contracts.
Referred to the Committee on State Planning & Community Affairs.

HB 1288. By Representatives McKinney of the 51st and Lane of the 55th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for legislative findings and intent; to provide for definitions; to create the Hartsfield International Airport Overview Committee and provide for its members and their qualifications, terms, compensation, expenses, and allowances.
Referred to the Committee on Transportation.

66

JOURNAL OF THE HOUSE,

HB 1289. By Representatives McKinney of the 51st, Holmes of the 53rd, Davis of the 48th, Stanley of the 50th, Stanley of the 49th and others:
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; and for other pur poses".
Referred to the Committee on State Planning & Community Affairs.
HB 1290. By Representatives Mann of the 5th and Joyce of the 1st:
A bill to amend Chapter 3 of Title 49 of the Official Code of Georgia Anno tated, relating to county boards of family and children services, so as to change the manner of appointing members to such boards.
Referred to the Committee on Health & Ecology.
HB 1291. By Representatives Mann of the 5th, Joyce of the 1st, Kinnamon of the 4th, Poag of the 6th, Johnson of the 97th and others:
A bill to amend Code Section 48-7-26 of the Official Code of Georgia Anno tated, relating to personal exemptions with respect to income taxes, so as to increase the amount of certain exemptions.
Referred to the Committee on Ways & Means.
HB 1292. By Representative Bannister of the 77th:
A bill to amend Chapter 7 of Title 40 of the Official Code of Georgia Anno tated, relating to off-road vehicles, so as to provide for additional restrictions with respect to the operation of such vehicles.
Referred to the Committee on Motor Vehicles.
HB 1293. By Representatives Bannister of the 77th and Coleman of the 80th:
A bill to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for the regulation of mobile homes and mobile home parks.
Referred to the Committee on Industry.
HB 1294. By Representatives Bannister of the 77th, Joyce of the 1st, Crews of the 78th and Kinnamon of the 4th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses for elementary and secondary schools, so as to authorize parents or legal guardians to elect that their children not receive health and physical education for religious reasons.
Referred to the Committee on Education.
HB 1295. By Representatives Twiggs of the 8th, Colwell of the 7th, Mobley of the 86th, Godbee of the 145th, Coker of the 31st and others:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety in general, so as to provide that the commissioner of public safety shall be the chief law enforcement officer of the state for the purpose of providing law enforce ment, public safety, and security services in connection with any Olympic Games conducted in the State of Georgia.
Referred to the Committee on Public Safety.

WEDNESDAY, JANUARY 12, 1994

67

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.
Referred to the Committee on Appropriations.

HB 1297. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Padgett of the 119th, Bargeron of the 120th, Smith of the 175th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veter ans organizations.
Referred to the Committee on Ways & Means.

HB 1298.

By Representative Buck of the 135th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclo sure, so as to provide for the applicability of such provisions to certain activi ties relating to the influencing of certain actions of certain local public officers and employees.

Representative Buck of the 135th moved that HB 1298 be ordered engrossed.

Representative Kaye of the 37th moved that HB 1298 be read in its entirety.

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
Barnes N Bates
Benefield N Birdsong N Bordeaux N Bostick N Breedlove
Y Brooks, D Brooks, T
N Brown NBuck N Buckner
Y Bunn Y Burkhalter
NByrd N Campbell
Canty Carlisle N Carrell
N Carter N Cauthorn N Chambless N Chandler N Channel!
Childers N Clark

N Coker
N Coleman, B Coleman, T
N Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings N Davis, G
Davis, M N Dickinson
YDix Dixon, H
N Dixon, S Dobbs
N Ehrhart N Epps N Evans
Felton
N Floyd, J.M N Floyd, J.W N Godbee N Golden
Goodwin N Greene N Groover
N Hammond N Manner N Harris, B N Harris, M
Hart

N Heard
N Hegstrom Y Hembree
Henson N Holland
Holmes X Howard N Hudson N Hughes N Hugley Ylrvin N James
N Jamieson N Jenkins N Johnson, D.H
Johnson, E Johnson, G N Johnson, J N Johnston Jones Y Joyce
YKaye N Kinnamon
N Klein NLadd Y Lakly N Lane, D N Lane, R N Lawrence
N Lawson NLee N Lewis
NLord

N Lucas Y Maddox
Mann N Martin N McBee N McClinton
Y McKinney Milam
Y Mills N Mobley, B N Mobley, J Y Moore N Mosley
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 NPoston N Powell N Purcell, A N Purcell, B
Randall Randolph

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

68

JOURNAL OF THE HOUSE,

N Trense
Turnquest N Twiggs

E Vaughan N Walker N Wall

Watson N Watts Y Westmoreland

On the motion, the ayes were 19, nays 126. The motion was lost.

White Y Williams, B
Williams, R

Y Yates N Yeargin
Murphy, Spkr

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 "nay" thereon.

Representative Mann of the 5th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

On the motion that HB 1298 be ordered engrossed, the roll call was ordered and the vote was as follows:

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

Y Colwell Y Connell YCox N Crawford
N Crews Y Culbreth Y Cummings
Y Davis, G Davis, M
N Dickinson NDix
Dixon, H Y Dixon, S Y Dobbs N Ehrhart
YEpps N 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 N Hembree
Henson Y Holland
Holmes

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

Y Mobley, B Y Mobley, J N Moore
Y Mosley N Mueller
Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry N Pinholster YPoag Y Polak Y Porter N Poston Y Powell Y Purcell, A N Purcell, B
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 Skipper

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

On the motion, the ayes were 112, nays 42. The motion prevailed.

HB 1298 was ordered engrossed. Referred to the Committee on Governmental Affairs.

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 "nay" thereon.

Representative Streat of the 167th 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, JANUARY 12, 1994

69

Representative Trense of the 44th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1299. By Representatives Reichert of the 126th and Shanahan of the 10th:
A bill to amend Part 2 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to change of venue and civil practice and procedure generally, so as to provide for the application of the doctrine of forum non conveniens in certain civil actions.
Referred to the Committee on Judiciary.

HB 1300. By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-3-1 of the Official Code of Georgia Anno tated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition.
Referred to the Committee on Judiciary.

HB 1301. By Representative Cauthorn of the 35th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that written findings of special circum stances concerning child support shall be included in a final verdict or decree or in an agreement of the parties providing for child support; to provide for the duty of each parent to support his or her child.
Referred to the Committee on Judiciary.

HB 1302. By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to protective orders for family violence, so as to provide for the extension of such orders and conversion of such orders to permanent orders.
Referred to the Committee on Judiciary.

HB 1303. By Representative Cauthorn of the 35th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recog nizances, so as to make offenses involving family violence or violation of a protective order ineligible for bail according to a schedule.
Referred to the Committee on Judiciary.

HB 1304. By Representatives Barnes of the 33rd, Cauthorn of the 35th, Walker of the 141st, Bostick of the 165th, Bordeaux of the 151st and others:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Anno tated, relating to general provisions regarding courts, so as to provide for the authority of the court having original jurisdiction of a misdemeanor case or the court in which the case was tried to expunge criminal records related to such case.
Referred to the Committee on Judiciary.

70

JOURNAL OF THE HOUSE,

HB 1305. By Representatives Barnes of the 33rd, Cauthorn of the 35th, Bostick of the 165th, Bordeaux of the 151st, Walker of the 141st and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide that attorneys, physicians, chiropractors, and private investigators licensed in this state are prohibited from initiating certain communications intended to result in professional employment under certain conditions.
Referred to the Committee on Judiciary.

HR 708. By Representatives Klein of the 39th, Yates of the 106th, Dix of the 76th, Trense of the 44th and Campbell of the 42nd:
A resolution proposing an amendment to the Constitution so as to limit members of the General Assembly to six consecutive two-year terms of office and to limit the Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor to three consecutive four-year terms of office.
Referred to the Committee on Rules.

HR 709. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd Benefield of the 96th and Ladd of the 59th:
A resolution proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amend ment to the United States Constitution.
Referred to the Committee on Regulated Beverages.

HR 710. By Representatives Johnston of the 81st, Trense of the 44th, Dix of the 76th, Wall of the 82nd, Ehrhart of the 36th and others:
A resolution creating the Joint Study Committee for the State Board of Par dons and Paroles.
Referred to the Committee on Rules.

HR 711. By Representatives Childers of the 13th, Parham of the 122nd and Parrish of the 144th:
A resolution recommending that health care benefit plans in this state include coverage for all prescription drugs.
Referred to the Committee on Health & Ecology.

HR 712. By Representative Cauthorn of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to enact general legislation providing for, as pilot projects of limited duration, nonuniform jurisdiction, powers, rules of prac tice and procedure, and selection, qualifications, terms, and discipline of judges within a class of courts.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 12, 1994

71

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

HB 1241 HB 1242 HB 1243 HB 1244 HB 1245 HB 1246 HB 1247 HB HB 1249 HB 1250
HB 1251 HB 1252
HB 1253 HB 1254
HB 1255
HB
HB 1257
HB 1262
HB 1263
HB 1264
HB 1265
HB 1266

HB 1267 HB 1268 HB 1269 HB 1270 HB 1271 HB 1272 HB 1273 HB 1274
"rLlDJR 127fi HB 1277 wnon 1278 HB 1279 HB 1280 HB 1281 HB 1282 HB 1283 HR 702 HR 703 HR 704 HR 705

Representative Chambless of the 163rd District, Chairman of the Committee on Eth ics, submitted the following report:

Mr. Speaker:
Your Committee on Ethics 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 665 Do Pass
Respectfully submitted, /a/ Chambless of the 163rd
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 437 Do Pass, by Substitute HB 897 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

72

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 914 Do Pass, by Substitute SB 143 Do Pass, as Amended
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1208 Do Pass HB 1218 Do Pass HB 1219 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

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

Mr. Speaker:

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

HR 675 Do Pass HR 676 Do Pass

HR 677 Do Pass HR 678 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1152 Do Pass HB 1232 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

WEDNESDAY, JANUARY 12, 1994

73

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

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.

The report 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.

HB 1232.

By Representatives Milam of the 130th, Smith of the 102nd and Epps of the 131st:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 14.
The Bill, having received the requisite constitutional majority, was passed.

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

HR 675. By Representative Channel! of the lllth:
A resolution commending the Green-Taliaferro Tigers football team and inviting the team to appear before the House of Representatives.

HR 676. By Representative Chandler of the 99th:
A resolution commending the Lithia Springs High School women's softball team and inviting the team and its coaches to appear before the House of Representatives.

HR 677. By Representatives Ladd of the 59th, Davis of the 60th, Teper of the 61st, Sherrill of the 62nd, Henson of the 65th and others:
A resolution commending the Dunwoody High School Wildcats football team and inviting Coach David Kelly, his coaching staff, the members of the team, and Jennie Springer, principal of Dunwoody High School, to appear before the House of Representatives.

HR 678. By Representatives Stancil of the 91st, Smyre of the 136th, Godbee of the 145th, Reaves of the 178th and McBee of the 88th:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Repre sentatives; recognizing the observance of 4-H Day at the state capital.

74

JOURNAL OF THE HOUSE,

The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 656 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Harold G. Clarke, Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
The Honorable Harold G. Clarke appeared upon the floor of the House and addressed the Joint Session.
Senator Ray of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.

Representative Davis of the 48th arose to a point of personal privilege and addressed the House.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

Representative Kaye of the 37th arose to a point of personal privilege and addressed the House.

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

HB 495. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Lee of the 94th and Floyd of the 138th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal the requirement that persons be under the age of 55 years at the time they become members; to reduce the age of vesting and the age of eligibility for certain benefits.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to define certain terms; to repeal the requirement that persons be under the age of 45 years at the time they become mem bers; to reduce the age of vesting and the age of eligibility for certain benefits; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by inserting immediately fol lowing paragraphs (1) and (4), respectively, of Code Section 47-17-1, relating to definitions, the following:

WEDNESDAY, JANUARY 12, 1994

75

"(1.1) 'Creditable service' means approved prior service plus membership service." "(4.1) 'Membership service' means service which is rendered by an employee while he or she is a member of the fund and for which credit is allowable under this chapter."
Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-17-40, relating to application for membership in such fund, and insert ing in lieu thereof the following:
"(a) In order to obtain membership in the fund, a peace officer shall make applica tion to the board upon an application blank to be furnished by it for that purpose. It shall be the duty of the employing authority to notify the board within 30 days from the date a peace officer is employed, furnishing the name and mailing address of such peace officer. The board shall furnish an application blank to such peace officer within 15 days after such notification. The application blank shall be accompanied by such material and information as will enable the peace officer to determine the benefits to be derived by virtue of bis said peace officer's membership in the fund. An applicant must furnish proof of the date of bis such applicant's birth, and such proof shall be in such form as shall be required by the board. Except as otherwise provided by subsection
\*7 Or tn.18 OOde Section^ ftO pl?8On WflO DeCOHieS Bt pCflCC OlllCCr OH Of flltCr UeceiuDCP
ever oe cii^i Die tor mem Dcrsflip tft trie tund DOP rOf flny flnnuity find ooneiits provided top tw tin9 cfiftpter. ^ and by striking in its entirety subsection (d) of said Code section, which reads as follows:
"(d) Any other provisions of this chapter to the contrary notwithstanding, any peace officer who was over 45 years of age but less than 50 years of age upon becoming a peace officer and who on July 1, 1990, has 16 or more years of continuous service as a peace officer shall be eligible for membership in the fund and for the annuity and benefits provided for in this chapter. A peace officer who becomes a member of the fund pursu ant to the authority of this subsection shall receive credit for not more than five years of prior service as a peace officer by paying to the board dues at the rate of $10.00 per month plus 10 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment for all years of prior service claimed as creditable service. Subsection (c) of Code Section 47-17-44 and subsection (a) of Code Section 47-17-70 shall not limit the right to receive credit for prior service pursuant to the authority of this subsection. A peace officer wishing to become a member of the fund pursuant to the authority of this subsection shall apply therefor to the board by not later than January 1, 1993, and the payment for prior service, which shall be neces sary for membership in the fund, shall be made to the board at the time the application is filed with the board."
Section 3. Said chapter is further amended by striking in its entirety Code Section 47-17-44, relating to the amount of dues under such fund and matters related thereto, and inserting in lieu thereof the following:
"47-17-44. (a) Each member shall pay into the fund as dues the sum of $10.00 per month. Each month's dues shall be paid not later than the tenth day of that month. Each member shall be required to pay such dues for a minimum period of 26 10 years before being eligible to receive the retirement benefits under this chapter, provided that, if such member is eligible to retire under this chapter and so desires, he such member may retire, and the board shall deduct such monthly amount from his or her retirement benefits until he or she has paid dues into the fund for a period of 36 10 years.
(b) No member shall receive credit for any service performed after March 1, 1951, unless be such member has paid into the fund the amount required for such service. Upon application of any peace officer who applies for membership and who owes dues for service since March 1, 1951, the board may allow and provide for periodic payments of such dues over a period of not more than 36 months immediately subsequent to the date of his or her acceptance as a member.
(c) Any member of the fund who has not obtained creditable service for prior service pursuant to the provisions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the dues at the rate of $10.00 per

76

JOURNAL OF THE HOUSE,

month plus 10 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment for all years claimed as prior service; pro vided, however, that no member shall be allowed to purchase more than a total of five years of such creditable service; provided, further, however, that any member who becomes or again becomes a member of the fund on or after July !_, 1994, must have been an active member of the fund for five years or more to obtain the prior service credit provided for in this subsection."
Section 4. Said chapter is further amended by striking in their entireties subsections (b), (f), and (i) of Code Section 47-17-80, relating to retirement benefit options under such fund and matters related thereto, and inserting in lieu thereof, respectively, the following:
"(b) Option One shall consist of a single life annuity payable in monthly payments for the life of the member only. The monthly payment under this option shall be an amount equal to $17.50 per month for each full year of creditable service and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit shall be paid for each month of additional service credit, provided that the mem ber either has at least 26 10 years of creditable membership service and is at least 55 years of age or has at least 30 years of creditable service, regardless of age. Such monthly benefit payment shall be paid on each full year and additional full months of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits under this option until the member's official duties as a peace officer have been terminated, except as otherwise provided in this chapter, and unless the member files an application for retirement benefits within 90 days from the date of the termination of the member's official duties as a peace officer, unless prevented there from for good cause. If such member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which the member has received service credit, dues shall be deducted from the member's monthly benefit check until such dues have been paid in full. Any member who has at least 36 10 years of creditable membership service for which dues have been fully paid but who has not reached 55 years of age may cease paying monthly dues into the fund if the member's employment as a peace officer is terminated; and upon reaching 55 years of age the member may be eligible to receive retirement benefits under this option."
"(f) Nothing contained in this Code section shall affect the requirement that a mem ber make payments into the fund for a minimum period of 36 10 years, nor shall it affect the requirement that credit for service after March 1, 1951, shall not be given unless the member has made the required payments to the fund for all such service. Any peace officer becoming a member of the fund between April 1, 1953, and March 31, 1965, inclusive, must remain an active member and, in addition to completing the required years of service, must remit the correct amount of dues to the fund for a period of three years from the date he or she becomes a member, irrespective of previous ser vice credited for which dues are paid, before being eligible for any retirement benefits provided under this Code section. Any peace officer becoming a member of the fund for the first time on or after April 1, 1965, must remain an active member and, in addition to completing the required years of service, must remit the correct amount of dues to the fund for a period of five years from the date he or she becomes a member, irrespec tive of previous service credited for which dues are paid, before being eligible for any retirement benefits provided under this Code section."
"(i) In the event an active member of the fund dies before retirement and such member has accumulated at least 36 10 years of creditable membership service or would otherwise have been eligible to receive retirement benefits except for the member's not having terminated the member's official capacity as a peace officer, benefits shall be extended to the surviving spouse of such member in the form of an annuity for the remaining life of such spouse determined and paid to such surviving spouse under Option Two of this Code section to the same extent as if such member had died while
receiving retirement benefits under Option Two."

WEDNESDAY, JANUARY 12, 1994

77

Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-17-82, relating to the designation of a beneficiary to receive survivors benefits under such fund, and inserting in lieu thereof the following:
"(a) A peace officer, upon becoming a member of the fund and after having desig nated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $3,500.00, or such lesser amount as might be arrived at under this Code section, to such beneficiary upon the death of such member. If a member has received $1,000.00 or more in retirement benefits at the time of his or her death, such beneficiary shall only be entitled to receive $2,500.00 upon the death of such member. If a member has received less than $1,000.00 in retirement benefits at the time of his or her death, such beneficiary shall only be entitled to receive an amount which, when added to the amount already received by the member, will total $3,500.00; provided, however, that the amount to be paid to a member who dies with less than five years of service shall be $1,000.00."
Section 6. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

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 Y Brown
YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T

Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs Y 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
Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam
Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Perry
Y Pinholster YPoag Y Polak
Porter Y Poston
Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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
Stanley, L Stanley, P
Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs E Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland Y White Y Williams, B
Williams, R YYates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.

78

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Powell of the 23rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Chambless of the 163rd District, Chairman of the Committee on Eth ics, submitted the following report:

Mr. Speaker:
Your Committee on Ethics 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 670 Do Not Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1193 Do Pass
Respectfully submitted, /s/ Watson of the 139th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1187 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 100th
Chairman

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

Mr. Speaker:

WEDNESDAY, JANUARY 12, 1994

79

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

HB 805 Do Pass, as Amended HB 1179 Do Pass HB 1180 Do Pass

HB 1182 Do Pass HB 1183 Do Pass

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

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

80

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 13, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe
Atkins Bailey Baker Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong
Bordeaux Bostick Breedlove Brooks, D Brooks, T Brown Buck Bunn
Burkhalter Byrd Campbell Carlisle
C arre11 C a"e. r Cauthorn CChhaamndblleerss
Channell
Childers
Clark
Coker

Coleman, B
Coleman, T Colwell Connell Cox Crawford Crews Culbreth Cummings Dickinson Dix
Dixon, S Dobbs Ehrhart Epps Evans Felton Floyd, J.M Floyd, J.W
Godbee Golden Greene Groover
Hammond Sa""er o Harris, B HHaarrrtis, M
Heard
Hegstrom
Hembree
Holland

Howard
Hudson Hughes Hugley Irvin James Jamieson Jenkins Johnson, D.H Johnson, G Johnson, J
Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly
Lane, D Lane, R Lawrence Lawson
Lee P*"3 Lucas MMaadndnox
Martin
McBee
McClinton
McKinney

Milam
Mills Mobley, B Mobley, J Moore Mosley Mueller Oliver O'Neal Orrock Padgett
Parham Parrish Pelote Perry Pinholster Poag Polak Porter
Poston Purcell, A Purcell B Randall
Randolph Reaves ,,, . ^Re'bcehretsrt
Roval
Scoggins
Shanahan
Sherrill

Shipp
Sinkfield Skipper Smith, L Smith, P Smith, T Smith, V Smith, W Snow Stancil, F Stancil, S
Stanley, P Stephenson Streat Taylor Teper Tillman Titus Towery
Trense Twiggs Wall Watson
Watts Westmorland ,,,,.. WW,>, "hteams, DB
Williams, R
Yates
Yeargin
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Patten of the 176th, Davis of the 60th, Dixon of the 168th, Goodwin of the 79th, Canty of the 52nd, Simpson of the 101st, Powell of the 23rd and Thomas of the 100th.
They wish to be recorded as present.

Prayer was offered by Lieutenant Colonel Fred L. Maddox, Retired Chaplain United States Army, Associate Pastor, Statesboro First United Methodist Church, Statesboro, 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.

THURSDAY, JANUARY 13, 1994

81

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1306. By Representatives Lord of the 121st, Culbreth of the 132nd, Towery of the 30th, Johnson of the 148th, Brown of the 117th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to public assistance, so as to enact a new article providing for health care insurance coverage to be made available for the residents of this state.
Referred to the Committee on Insurance.

HB 1307. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain changes in the manner in which the Commissioner of Insurance handles rate filings.
Referred to the Committee on Insurance.

HB 1308. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that the term "adjuster" does not include a sal aried employee of an insurer who adjusts claims; to provide that cancellation for nonpayment of premium may be initiated without any notice of intent to cancel in those instances where a check or money order is not honored upon presentation.
Referred to the Committee on Insurance.

HB 1309. By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that surplus line brokers' certificates need only state the type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quarter.
Referred to the Committee on Insurance.

82

JOURNAL OF THE HOUSE,

HB 1310. By Representative Johnson of the 153rd:
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 for immunity for architects and engineers providing volunteer design services for nonprofit organizations; to provide an exception.
Referred to the Committee on Judiciary.

HB 1311. By Representatives Cox of the 160th, Royal of the 164th and Bates of the 179th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior court, so as to change the terms of the Decatur County and Mitchell County Superior Courts.
Referred to the Committee on Judiciary.

HB 1312. By Representative Cox of the 160th:
A bill to amend Subpart 1 of Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on person alty in general, so as to change the form of foreclosure summons; to remove the provision that the defendant may answer orally.
Referred to the Committee on Judiciary.

HB 1313. By Representatives Harris of the 112th, Murphy of the 18th, Birdsong of the 123rd and Bargeron of the 120th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Anno tated, relating to public access to and inspection of public records, so as to redefine certain terms; to provide for the applicability of the open records law to records of certain governmental associations.
Referred to the Committee on Judiciary.

HB 1314. By Representatives Godbee of the 145th, Thomas of the 100th, Murphy of the 18th, Purcell of the 147th, Smith of the 175th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change defi nitions relating to capital outlay funds for education; to provide for policies, guidelines, standards, and responsibilities of the State Board of Education with regard to capital outlay projects; to change certain conditions relating to sparsity grants.
Referred to the Committee on Education.

HB 1315. By Representatives Baker of the 70th, Orrock of the 56th, Bordeaux of the 151st, Watts of the 26th, Byrd of the 170th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that all prior convictions and pleas of nolo contendere to charges of driving under the influence of alcohol or drugs shall be counted in imposing penalties, driving restrictions, and license suspensions regardless of when such pleas or convictions were obtained.
Referred to the Committee on Judiciary.

THURSDAY, JANUARY 13, 1994

83

HB 1316. By Representatives Mills of the 21st, Westmorland of the 104th, Pinholster of the 15th, Stancil of the 16th, Evans of the 28th and others:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, relating to the lottery for education, so as to provide for setoff against certain lottery prizes for the amount of state funds expended in providing certain public assistance grants and in guarantying loans to a lottery winner who is a public assistance recipient or who has defaulted on such loans.
Referred to the Committee on Industry.

HB 1317. By Representative Lawson of the 20th:
A bill to amend Code Section 42-8-38 of the Official Code of Georgia Anno tated, relating to arrest of probationer for violation of terms of probation, so as to provide that parole officers shall have the same powers of arrest as pro bation supervisors.
Referred to the Committee on State Institutions & Property.

HB 1318. By Representative Benefield of the 96th:
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 highway engineer to the chief engineer.
Referred to the Committee on Transportation.

HB 1319. By Representatives Lawson of the 20th, Bostick of the 165th and Carter of the 166th:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries pub lic, so as to require notaries public to execute and file bonds for the faithful performance of their duties.
Referred to the Committee on Judiciary.

HB 1320. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to provide that primaries and elections for the members of the board shall be nonpartisan.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1321. By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd, Groover of the 125th, Thomas of the 100th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Anno tated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters.
Referred to the Committee on Judiciary.

84

JOURNAL OF THE HOUSE,

HB 1322. By Representatives Trense of the 44th, Sinkfield of the 57th, Campbell of the 42nd, Martin of the 47th and Ashe of the 46th:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that identified foster parents and child-placing agencies be given access to all records regarding children being considered for foster care place ment.
Referred to the Committee on Judiciary.
HB 1323. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to provide for the Board of Education of Wayne County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1324. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relating to the election of members of the board of commissioners; to change the commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1325. By Representatives Godbee of the 145th, Purcell of the 147th, Sinkfield of the 57th, Sherrill of the 62nd and White of the 161st:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to change cer tain cross-references; to change the provisions relating to strategic planning; to change the provisions relating to the comprehensive evaluation of public schools, local school systems, and regional educational service agencies.
Referred to the Committee on Education.
HB 1326. By Representatives Godbee of the 145th, Purcell of the 147th, Sinkfield of the 57th, Sherrill of the 62nd and White of the 161st:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public ele mentary and secondary schools, so as to provide for legislative intent; to pro vide for a uniform grading system for certain purposes.
Referred to the Committee on Education.

HB 1327. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Skipper of the 137th, Cox of the 160th and Thomas of the 100th:
A bill to amend Code Section 15-11-10 of the Official Code of Georgia Anno tated, relating to associate juvenile court judges, so as to provide that the qualifications for associate juvenile court judges shall be the same as those provided by law for juvenile court judges.
Referred to the Committee on Judiciary.

HB 1328. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Mobley of the 86th and Perry of the llth:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide that weapons used in the commission of a crime shall be destroyed.
Referred to the Committee on Judiciary.

THURSDAY, JANUARY 13, 1994

85

HB 1329. By Representatives Hammond of the 32nd, Cox of the 160th and Cauthorn of the 35th:
A bill to amend Code Section 3-3-23 of the Official Code of Georgia Anno tated, relating to furnishing to or purchase of alcoholic beverages by persons under 21 years of age, so as to provide that alcoholic beverages shall not be sold to persons having a special coding or designation on their driver's license.
Referred to the Committee on Judiciary.
HB 1330. By Representatives Martin of the 47th, Childers of the 13th, Murphy of the 18th and Jenkins of the 110th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to licensure by the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide an exemption from licensure for certain additional counselors.
Referred to the Committee on Health & Ecology.
HB 1331. By Representatives Martin of the 47th, Polak of the 67th and Hegstrom of the 66th:
A bill to amend Code Section 9-3-33.1 of the Official Code of Georgia Anno tated, relating to actions for childhood sexual abuse, so as to eliminate a cer tain reference contained therein; to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to define certain terms; to provide for the offenses of first, second, third, and fourth degree sexual assault.
Referred to the Committee on Judiciary.
HB 1332. By Representatives Martin of the 47th, Walker of the 141st, Coleman of the 142nd, Stancil of the 91st, Childers of the 13th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation of health care facilities, so as to provide for definitions; to require the licensing of private home care providers and pro vide for license applications, conditions, and actions relating to such licenses.
Referred to the Committee on Health & Ecology.
HB 1333. By Representatives Snow of the 2nd, Murphy of the 18th, Parham of the 122nd, Streat of the 167th, Carrell of the 87th and others:
A bill to amend Code Section 35-2-12 of the Official Code of Georgia Anno tated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an excep tion; to authorize employees of the department to offer for and hold elective office as a member of a county governing authority, a member of a county or independent board of education.
Referred to the Committee on Public Safety.
HB 1334. By Representatives Snow of the 2nd, Chandler of the 99th, Streat of the 167th and Carrell of the 87th:
A bill to amend Code Section 16-13-71 of the Official Code of Georgia Anno tated, relating to the definition of the term "dangerous drug," so as to change the provisions relating to exceptions from the dangerous drug list for certain grades of nitrous oxide.
Referred to the Committee on Health & Ecology.

86

JOURNAL OF THE HOUSE,

HB 1335. By Representative Hammond of the 32nd:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures of property or money used in drug offenses, so as to provide that local school boards shall use forfeited moneys for drug abuse education or other programs related to problems created by drug or substance abuse.
Referred to the Committee on Judiciary.

HB 1336. By Representatives Birdsong of the 123rd, Jenkins of the 110th and Parham of the 122nd:
A bill to amend Code Section 48-2-35 of the Official Code of Georgia Anno tated, relating to refunds, so as to authorize the making of additional claims for refunds.
Referred to the Committee on Ways & Means.

HB 1337. By Representatives Birdsong of the 123rd, Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized by law enforcement agencies, so as to provide that any weapon the possession or car rying of which constitutes a crime or delinquent act shall be subject to forfei ture.
Referred to the Committee on Public Safety.

HB 1338. By Representative Barnes of the 33rd:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine and the penalties related thereto, so as to change the pro visions relating to trafficking in marijuana and the penalties related thereto.
Referred to the Committee on Judiciary.

HB 1339. By Representative Barnes of the 33rd:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to the Georgia Bureau of Investigation, so as to provide for investigative subpoenas for the production of documentary evidence in any investigation within the jurisdic tion and powers of the bureau.
Referred to the Committee on Judiciary.

HB 1340. By Representatives Reichert of the 126th and Barnes of the 33rd:
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, so as to provide that the surviving spouse of a veteran who was awarded the Purple Heart citation, of a veteran who survived the attack on Pearl Harbor, or of a retired or other veteran of any war or armed conflict shall be entitled to continue to renew the special license plate for which the deceased veteran was qualified so long as the surviving spouse does not remarry.
Referred to the Committee on Motor Vehicles.

THURSDAY, JANUARY 13, 1994

87

HR 713. By Representatives Pinholster of the 15th, Cox of the 160th, Ashe of the 46th, Lawrence of the 64th and Smith of the 174th:
A resolution proposing an amendment to the Constitution so as to provide for the creation of the Georgia Wildflower Project Fund; to provide for the dedication and deposit of revenues from specified sources for the purposes of the fund; to provide that such funds shall not lapse.
Referred to the Committee on Appropriations.

HR 714. By Representatives Ehrhart of the 36th, Johnston of the 81st, Williams of the 63rd, Joyce of the 1st, Towery of the 30th and others:
A resolution to repeal and rescind a resolution requesting the Congress of the United States to call a constitutional convention to propose an amendment to the Constitution of the United States, House Resolution 469-1267, adopted at the regular 1976 session of the General Assembly of Georgia.
Referred to the Committee on Rules.

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

HB 1284 HB 1285 HB 1286 HB 1287 HB 1288

HB 1298 HB 1299 HB 1300 HB 1301 HB 1302
TM >

HHBB 11229912 HB 1293 HB 1294 HB 1295 HB 1296 HB 1297

TM TM }13?095J HR 708 HR 709 HR 710 HR 711 HR 712

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1281 Do Pass
Respectfully submitted, M Randall of the 127th
Chairman

The following communication was received:

January 13, 1994

House of Representatives Atlanta

88

JOURNAL OF THE HOUSE,

Honorable Robert Rivers, Clerk Room 309 State Capitol Atlanta, GA 30334

Dear Robbie:

Pursuant to Rule 56 of the Rules of the House of Representatives, this is to request that House Resolution 670 be taken up by the House of Representatives, and made subject to a forthcoming motion to disagree with the adverse report from the Committee on Ethics dated on or about January 12, 1994.

Sincerely,

/s/ McCracken Poston, Jr.

is/ Doug Teper

/s/ Brian Joyce

Representative Stancil of the 16th arose to a point of personal privilege and addressed the House.

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

HB 498. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to define a certain term; to provide for certain creditable service.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to define certain terms; to provide for certain creditable service; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subparagraph (B) of paragraph (5) of Code Section 47-17-1, relating to definitions relative to such fund, and inserting in lieu thereof the following:
"(B) Any warden or gwatd correction officer of state or county correctional institu tions and any warden or guard correction officer of municipal correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census^ who is required by the terms of his or her employment as such warden or gd- correction officer to give his or her full time to his or her job as such warden or gttard correction officer; and any warden or gttctfd correction officer of a municipal correctional institution who on or before October 1, 1962, pays dues for prior service shall be deemed to have been a member for such peri ods and shall be entitled to all the rights and benefits to which other members during such periods are entitled, provided that any such warden or gttafd correction officer as provided in this subparagraph is required by the terms of his or her employment to comply with the requirements of the 'Georgia Peace Officer Standards and Training Act' contained in Chapter 8 of Title 35;"

THURSDAY, JANUARY 13, 1994

89

Section 2. Said chapter is further amended by striking at the end of subparagraph (H) of paragraph (5) of said Code Section 47-17-1 the word "and", by striking at the end of subparagraph (I) of such paragraph the symbol "." and inserting in lieu thereof the symbol ";", and by inserting immediately following such subparagraph the following:
"(J) Any person who was a member of the fund pursuant to the definitions contained in subparagraphs (A) through (I) of this paragraph and who is subsequently promoted to a position of similar duties but broader supervisory duties, if such person's new posi tion requires him or her to comply with the standards contained in Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and and Training Act,' and such person retains his or her powers of arrest; and
(K) Any employee of the Department of Corrections whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of inmates and detainees or who is a line supervisor of any such employee, provided that all such persons are required to comply with the require ments of Chapter 8 of Title 35, the 'Peace Officer Standards and Training Act,' in order to hold their positions and in addition have been conferred with the powers of a police officer pursuant to Code Section 42-5-35."
Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 47-17-44, relating to the amount of dues under such fund and matters related thereto, and inserting in lieu thereof the following:
"(c) Any Except as provided in subsection (d) of this Code section, any member of the fund who has not obtained creditable service for prior service pursuant to the provi sions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the dues at the rate of $10.00 per month plus 10 per cent interest per annum compounded annually from the date the prior service was ren dered to the date of payment for all years claimed as prior service; provided, however, that no member shall be allowed to purchase more than a total of five years of such creditable service.
(d) Any member of the fund who qualifies for membership under the definition con tained in subparagraph (J) of paragraph (5) of Code Section 47-17-1 who has not obtained creditable service for prior service pursuant to the provisions of subsection (a) of Code Section 47-17-70 may obtain such service by tendering to the board an amount equal to the dues at the rate of $10.00 per month plus 10 percent interest per annum compounded annually from the date the prior service was rendered to the date of pay ment for all years claimed as prior service."
Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-17-70, relating to prior service credit for members who first apply for membership on or after a certain date, and inserting in lieu thereof the following:
"(a) No peace officer who first makes application for membership in the fund on or after May 1, 1968, shall be given credit for any prior service, and such peace officer shall receive credit only from the date he or she becomes a member of the fund; provided, however, a member may claim a maximum of five years for service as a peace officer prior to such member member's joining the fund if such member complies with subsec tion (c) of Code Section 47-17-44 and remains an active member of the fund for a period of time at least equal to the number of years claimed for prior service; provided, further, that any member defined in subparagraph (J) of paragraph (5) of Code Section 47-17-1 may claim service as a peace officer prior to such member's joining the fund without regard to such five-year limitation if such member complies with subsection (c) of Code Section 47-17-44."
Section 5. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

90

JOURNAL OF THE HOUSE,

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot 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 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
E Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps Y Evans Y Felton
Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris, B
Y Harris, M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland E Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H E 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
ELord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley. B
Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 Skipper

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

HB 499. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the rate of members' contributions to such fund; to increase the retirement benefits provided under the fund.

Pursuant to Rule 134, Representative Poag of the 6th was excused from voting on HB 499.

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

THURSDAY, JANUARY 13, 1994

91

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 E Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H

Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Goodwin Y Greene Y Groover
Y Hammond Y Manner Y Harris, B Y Harris, M
Y Hart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland E Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H

E 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 ELord Y Lucas
Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney 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, A
Y Purcell, B 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 Skipper
E Smith, C Y Smith, L
Y Smith, P

Y Smith, T
Y Smith, V Y Smith, W
Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas Y Tillman
Y Titus Y Towery Y Trense
Turnquest Y Twiggs
E Vaughan Y Walker YWall
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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1187.

By Representatives Groover of the 125th and Walker of the 141st:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.

The following amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1187 by adding on line 21 of page 2 between the symbol ";" and the word "to" the following:
"to provide an effective date;".
By renumbering Section 3 as Section 4 and adding a new Section 3 to read as follows:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

The report of the Committee, which was favorable to the passage of the Bill, 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
Y Birdsong Y Bordeaux

Y Bostick Breedlove
N Brooks, D Y Brooks, T
Brown
YBuck

Y Buckner
NBunn N Burkhalter YByrd N Campbell
Canty

Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

92

JOURNAL OF THE HOUSE,

Y Channell
Y Childers N Clark Y Coker N Coleman, B Y Coleman, T Y Colwell Y Connell Y Cox N Crawford N Crews Y Culbreth
Cummings E Davis, G N Davis, M N Dickinson
NDix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin
Y Greene

Y Groover Y Hammond Y Hanner Y Harris, B N Harris, M
YHart Y Heard Y Hegstrom N Hembree
Henson Holland
E Holmes Y Howard Y Hudson Y Hughes Y Hugley N Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H E Johnson,E
N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein

YLadd N Lakly Y Lane, D
Y Lane, R Lawrence
Y Lawson
YLee Y Lewis ELord Y Lucas N Maddox NMann Y Martin Y McBee Y McClinton Y McKinney Y Milam N Mills Y Mobley, B
Y Mobley, J N 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 Y Poston Y Powell Y Purcell, A N Purcell, B Y 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 Skipper E Smith, C Y Smith, L Y Smith, P Y Smith, T
N Smith, V Smith, W

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

On the passage of the Bill, as amended, the ayes were 119, nays 38.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Holland of the 157th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative 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 "nay" thereon.

By unanimous consent, HB 1187 was ordered immediately transmitted to the Senate.

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

HR 715. By Representative Williams of the 63rd:
A resolution commending the participants of the Metro Fast-Pitch Softball Tournament and inviting them to appear before the House of Representa tives.

HR 716. By Representatives Crews of the 78th, Birdsong of the 123rd, Bargeron of the 120th, Barfoot of the 155th, Purcell of the 9th and others:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day and inviting Major General William P. Bland to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

THURSDAY, JANUARY 13, 1994

93

HR 717. By Representative Randolph of the 72nd: A resolution commending the members of the Silver-Haired Legislature.

HR 718. By Representative Parrish of the 144th: A resolution commending the Swainsboro High School Band of Gold.

HR 719. By Representative Purcell of the 147th: A resolution commending Michelle Shearouse.

HR 720. By Representatives Smith of the 109th, Maddox of the 108th and Carlisle of the 107th:
A resolution commending Anne Roper.

HR 721. By Representatives Poston of the 3rd and Colwell of the 7th: A resolution commending Lauren McCutchen.

HR 722. By Representative Poston of the 3rd: A resolution commending Brendan O'Brien.

HR 723. By Representative Barnes of the 33rd: A resolution commending Mr. Garfield Hammonds Jr.

HR 724. By Representatives Purcell of the 147th, Reaves of the 178th, Murphy of the 18th, Groover of the 125th, Connell of the 115th and others:
A resolution expressing regret at the passing of Jack Wilson Shuman.

HR 725. By Representatives Klein of the 39th, Hammond of the 32nd, Coker of the 31st, Atkins of the 29th, Barnes of the 33rd and others:
A resolution recognizing Honorable Jack Vaughan of the 34th District.

The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 657 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Sen ate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Howard, Speaker Murphy, Senators and Representatives, hon ored guests, my fellow Georgians.
In my State of the State Address on Tuesday, I outlined my proposals to continue our progress in providing opportunity and requiring responsibility.

94

JOURNAL OF THE HOUSE,

Today, I bring you a financial blueprint to carry us forward toward our goals of improving education, getting tough on crime, reforming welfare and stimulating our econ omy.
In a couple of weeks we will host the 1994 Super Bowl. In a couple of years, we will host the 1996 Olympics.
Sports events like these attract attention to Georgia. And now that the eyes of the world are on us, what do they see?
They see a Georgia that created 90,000 jobs last year -- third highest in the nation -- and is expected to do it again this year.
They see a Georgia whose retail sales are outpacing the nation, and whose new car sales are 25 percent higher than a year ago.
They see a Georgia whose housing starts increased by more than 14 percent last year. Metro Atlanta is projected to lead the nation's cities in housing starts for 1994.
They see a Georgia that is the fastest-growing state east of the Mississippi for the sec ond year in a row, the only state in the nation to rank near the top both by numerical increase in population and by percentage of population growth.
They see a state where the economy is sound and growing, a state where people and businesses want to be.
These strong economic indicators, these leading national rankings, did not just hap pen. They did not come about by accident. They happened because we had the vision, and together we laid the groundwork for Georgia to run out on the leading edge of the recovery and to rebound to renewed economic growth and expansion.
It happened because together we paid the price and made the tough and timely deci sions that were required.
The way I see it, government cannot provide all and government should not take all. So we made cuts that caused a net reduction in state spending of nearly $700 million and conducted the largest downsizing of state government in our history.
Last Friday's Wall Street Journal cited Georgia as the only state in the South where the growth in public employees was far less than growth in population. It pointed out that from 1990 to 1993 Georgia "restrained tax-paid employee growth to 1 percent, while the state grew by 6.8 percent," and contrasted Georgia to other southern states where public employment increased faster than population.
And just like mid-winter pruning, our decisions prepared the way for the renewed growth we are now experiencing.
And because of the tough management decisions we made and the economic growth that followed, I am able to report to you today that our Revenue Shortfall Reserve, which was completely empty when I took office, now has $122.6 million in it.
And I am able to present to you a solid, progressive budget for Fiscal Year 1995 that addresses our needs and fulfills our responsibilities.
But once we have addressed our needs and fulfilled our responsibilities, I believe we ought to return what remains to the taxpayers of Georgia in the form of the largest tax cut in our history.
I am proposing that we reduce state income taxes by $100 million, by providing addi tional deductions to Georgians with dependent children and to retired Georgians -- those who need it the most. And I have reduced my revenue estimate by the $100 million it will take to fund this tax cut.

THURSDAY, JANUARY 13, 1994

95

Even then, state revenues will grow by 7.8 percent, and this budget directs those new revenues toward our goals of improving education, getting tough on crime, reforming wel fare and spurring our economy.
This budget contains more than $3.5 billion for Georgia's public schools.
This is an increase of more than $1 billion for K-12 education since the year I became Governor. I believe the most important investment we can make in people is to educate them.
But the very first thing that we have got to do is make our schools safe.
In this budget and in the supplemental -- together, I am proposing more than $46 million for safe schools through four programs.
The first $20 million is in the supplemental budget, to address the needs of the 166 of our 181 school systems, that, at my urging, have developed local safe school plans together with parents and law enforcement officials. And they are now coming to the state for some help in purchasing the security equipment they determined is needed to imple ment their plan.
Surveillence equipment -- video cameras and the like -- accounts for about half of the funds requested. Metal detectors account for less than $700,000 of the $20 million.
Second, I want to provide $16 million to help local school systems set up alternative schools for students who repeatedly disrupt classes.
A South Georgia high school principal with more than 1,400 students has said that if he could get about 27 of those students into an alternative school, he would have a com pletely different place where students could learn and teachers could teach.
$8.5 million of this money comes from lottery funds to help local systems with the equipment they need to set up alternative schools. And then $7.5 million is in general funds to help with operational costs.
And we're going to do it like we have done most of my education initiatives -- with proposals coming from the local level, and not some cookie-cutter model dictated by the state.
Third, the frustrations and fears our kids are experiencing in their homes and neigh borhoods are not left outside the school building each morning. They come right in the front door and get in the way of teaching and learning.
We need to give teachers help in dealing with the frustrations and fears of our chil dren. That's why I want to begin putting counselors into the elementary grades for the first time.
I am proposing $8.2 million to hire 425 elementary school counselors under the pro gram for grades four and five. They'll be funded based on student count, but every system in the state will get at least one.
And fourth, there's $2 million across both budgets for educational materials on the problems of violence and drugs.
We are working with the highly-regarded Scholastic Magazine to develop an education packet to put into the hands of every student, parent and teacher this spring using the funds in the supplemental budget. And we'll do it again next school year with the funds in the big budget.
We're also expanding DARE -- Drug Abuse Resistance Education -- which brings law enforcement officers into our schools to teach kids about the dangers of drugs.

96

JOURNAL OF THE HOUSE,

With this budget, we will have doubled our training capacity for the local law enforce ment officers who participate in DARE. And we are expanding the program from elemen tary schools to middle schools.
In addition to school safety, this budget also expands opportunities for middle and high school students.
I want to begin a Youth Apprenticeship program at the 15 sites that received planning money in the current year's budget.
As the jobs of the future become more demanding, our high school students need to be better prepared to enter the workforce.
Our Youth Apprenticeship program is designed to expose high school students to the workplace and help them learn firsthand the skills and responsibilities they need to be effective workers.
Students who complete this Program will have a high school diploma, and the training and experience they need to make an immediate impact in the workplace.
I also have $3.7 million to create a summer enrichment program for at-risk students in grades four through eight. It would be designed to strengthen their academic skills in math, English, science and social studies.
Another $2 million in this budget will expand The Family Connection to the 15 sites that have been in the planning process, and start planning at 25 more sites.
As I'm sure you recall, The Family Connection is an innovative, community-based program that assists at-risk children by closely coordinating the programs that serve their families at the community level.
Two years ago, you passed a bill paving the way for pay-for-performance for teachers. And I appointed a commission that developed a plan that encourages teamwork initiatives and rewards school-level achievement.
So you'll find $1.6 million in the budget for stipends of $2,000 per teacher to reward schools who set high goals to improve their performance and then achieve those goals.
I also want to begin a Teachers Honors program, similar to our summer program for high school students, to give top-flight teachers the opportunity for summer professional enrichment.
And in exchange they would share what they learned with their colleagues back at their school.
So in the budget you'll find a little over $1 million, which would allow 300 teachers to participate in a Teachers Honors Program and give each one of them a $1,500 stipend.
The budget also includes nearly $158 million in bonds for construction in 64 local sys tems, and $10 million in bonds for high school vocational equipment and administrative computers to free educators from paper work and give them more time with our children.
Another $6.4 million in bonds will build libraries in Fayette, Paulding, Pickens, Terrell and Troup counties.
Right now we have a University System that not only is the fourth largest in the nation with more than 200,000 students, but Georgia is the fastest-growing state in the nation in college enrollment.
That doesn't just happen. There are reasons.
The Chronicle of Higher Education recently ranked Georgia first in the nation in increased state funding over the past two years. And I am recommending a record high

THURSDAY, JANUARY 13, 1994

97

of more than $1 billion in state general funds plus more than $50 million in lottery funds for the University System.
My budget includes $20 million in general funds to address enrollment increases, $17 million for other operating costs, and nearly $30 million for major renovation and repairs.
Another $21 million is for the Georgia Research Alliance, which brings together Georgia's six research universities with private industry to pursue research that will gener ate economic development.
In the last two years, we've put $37 million into the Research Alliance, and it has attracted $100 million from other sources.
I am also proposing that we double the Equipment, Technology and Construction Trust Fund from $7.5 million to $15 million.
This is a matching fund to attract private contributions to our state colleges and uni versities.
The FY 94 appropriation of $7.5 million has attracted more than its equivalent in pri vate funds for some very exciting projects on campuses all across the state.
We now have requests in hand from our colleges for $15 million from this fund, to be matched at least one-on-one with private money.
The bond section of this budget includes $10.6 million for the University System, much of it in planning and design funds for six new buildings at:
* Albany State College,
* Augusta College,
* Kennesaw State College,
* Georgia Southern University,
* DeKalb College and
* Armstrong State College.
Currently the largest construction program in the history of the University System is underway -- 33 buildings costing $385 million are under construction on 18 campuses.
So while the surge of projects from the past two years moves through the construction process, we are now putting the next round of projects onto the drawing board for plan ning. And that way we can move more directly into the construction phase next year.
We are going to proceed with a major renovation of the underground, hot water distri bution system at Abraham Baldwin Agricultural College, which needs immediate attention.
And at Georgia Military College, I want to match private funds for a new academic building and I want to expand the library.
Our post-secondary technical institutes are literally bursting at the seams and have long waiting lists.
This year we will complete funding for an unprecedented, three-year, $100 million, major expansion program at our technical institutes with nearly $34 million in bonds for buildings at Albany Tech, Athens Tech, Augusta Tech, Columbus Tech, Lanier Tech, Okefenokee Tech, Valdosta Tech and Walker Tech.
And then lottery funds to plan for a new concept in expanding our post-secondary technical education programs -- satellite centers from existing technical schools in Paulding, Forsyth, Baldwin, Tift, Elbert, Gordon, Coffee and McDuffie Counties.

98

JOURNAL OF THE HOUSE,

As the level of education required by the average job continues to increase, we are likewise continuing to expand our adult literacy and GED programs to give Georgia's workforce the opportunity to keep pace.
Shirley's been working very hard in this effort, and this year Georgia awarded a record high 17,800 GEDs -- up by 1,700 from last year when we were seventh in the nation.
Last year I told you about my goal of at least one full-time adult literacy teacher in every Georgia county, and we took the first step toward that goal.
In this session we take another step, hiring 25 additional teachers and providing com puter equipment for adult literacy.
It is telecommunications more than anything that will enable rural Georgia to thrive in the 21st century. But in addition to the technology, you also have to have the content.
My recommendation for a production facility for educational television is to provide that content -- the quality educational programming -- to send out over the Distance Learning networks we're developing.
For our hard-working teachers, I am proposing a 5 percent increase on the teacher sal ary schedule as well as for our University System.
In addition, I will introduce legislation to allow the Teacher Retirement System Board to reduce the teacher contribution into the system from 6 percent to 5 percent of salary.
This can be done without either reducing any retirement benefits or weakening the financial stability of the system.
Last month, at my request, the board passed a unanimous motion of intent to make that one percent reduction if you pass the enabling legislation. This will put more cash directly into teachers' pockets.
The Georgia lottery will produce $280 million in new funds for educational improve ments this year. We are projecting $240 million for FY 95 to allow for some taper-off.
The lottery funds are designated by law for three new programs: voluntary prekindergarten for four-year-olds, the HOPE scholarship program, and equipment and spe cial construction for our schools, colleges and technical institutes.
And I covered my recommendations for these three programs in great detail in my Amended Budget message last week.
Very briefly, the pre-kindergarten program began last fall, serving 6,500 four-year olds in locally-developed programs. We are now in the process of expanding to 10,000 children. My recommendation for FY 95 allows us to double that number to 20,000 children and have at least one program in every county next school year.
Today, on the eve of the 21st century, a college education has become even more important than a high school education was when I was young. And that's why the HOPE scholarship program is so important to Georgia.
We've got HOPE scholars like Michael Hair, a freshman at Georgia Southern Univer sity, who calls HOPE a "dream come true," because he never could have gone to college without HOPE.
Or LaSonda Cook, a young woman now attending Albany Tech, who is there because her tuition is free and, as she said, she no longer had a reason not to go to school and get the job training she needs.
The Student Finance Commission is getting 1,000 calls a week about HOPE from stu dents and parents.

THURSDAY, JANUARY 13, 1994

99

The number one question those thousands of students and parents are asking is, "When does the income cap go up to $100,000?" And the number two question is: "When are juniors and seniors included?"
Both of those are in this budget. I want to expand the program to pay the tuition of our HOPE scholars through their junior and senior years, provided that they keep that 3.0 gradepoint average every year.
And I have included the necessary funds in this budget to cover mandatory fees and provide a textbook allowance.
And I do want to raise the income ceiling up to $100,000. Let me tell you why. First and foremost, this scholarship program is not about income levels. It's about performance. It's about responsibility.
When we implemented the HOPE program, we realized that we were not reaching some of the students we ought to reach -- for example, a family in which both parents are public school teachers and understand the critical importance of college -- together they come in above the present family income cap.
Folks, HOPE means that virtually any student who graduates from high school with a B average and then keeps a B average each and every year of college could go all the way through four years of college and get a college degree without paying any tuition at all.
Think of it, there will be nothing else like it in the United States of America. This State of Georgia would instantly become Number One in providing opportunity to receive a college education. And that's more important to me than being Number One in football.
And, of course, we want to maintain Georgia's strong contingent of private, indepen dent colleges who also help to educate our workforce.
If we were educating their students in the University System, it would cost us an additional $173 million in state funds.
During the past decade, an enrollment decline was projected nationwide for private colleges, and many did experience it.
But not in Georgia; our private college enrollments increased by 45 percent from 1984 through 1992.
Then last year Georgia private colleges led the nation with a 5.5 percent increase -- largely because TEGs kept them competitive.
So to keep a healthy balance, I am proposing that we increase the HOPE program's second-tier tuition equalization grants for Georgia students at our private colleges to $2,000, which will be the highest in the nation.
And finally, two special scholarship programs.
For dependent children of all public safety officers, including EMTs and fire fighters, killed or permanently disabled in the line of duty in Georgia since 1978, I am proposing a full scholarship program, one that covers tuition, room, board, books and fees.
As crime becomes more violent, our public safety officers increasingly risk their lives on our behalf every day. I believe we owe them the assurance that we will provide this educational opportunity for their children if something happens to them.
And second, we're going to establish 30 scholarships to Georgia Military College, to be repaid through military service.
The third lottery category is equipment and construction. The FY 94 amended budget focuses on the computer and media center needs of our schools and public libraries, and on the training equipment needs of our technical institutes.

100

JOURNAL OF THE HOUSE,

So the '95 budget complements the supplemental budget by focusing on special con struction projects and on the University System.
Moving now to our second goal -- it's about making Georgia safer.
On Tuesday I laid out a tough legislative package to crack down on violent criminals, both adults and juveniles.
I want offenders who have committed certain violent crimes to receive a mandatory prison sentence of at least 10 years, and to serve the full extent of their sentence behind bars.
I want criminals who have been given a life sentence to spend 14 years in prison before they are even considered for parole -- double the current seven years.
And if you commit a second violent offense, you're gone for life, with no chance of ever getting back out of prison.
The reason why I can bring you such a tough and timely proposal on violent crime is that we have been laying the groundwork for it over the past several years.
On Tuesday, I pointed out that this administration has opened more prison beds than any other in Georgia history, and built more boot camps than any other state in the nation.
With this budget, we will have opened 11,300 prison beds and about 2,000 boot camp beds since 1991, and our correctional system will be running at full strength.
So the reason I can come to you now, proposing longer, tougher sentences for violent criminals -- the reason a lot of states could not do it even if they wanted to, is because in Georgia, we have been working together to expand the capacity of our correctional sys tem in a planned and systematic fashion over the last three years.
On Tuesday, I also told you that I want to modernize our juvenile justice system. I want to try juveniles ages 13-17 who commit certain violent crimes as adults in superior court, and send them to a separate youth facility run by the Department of Corrections to serve their time.
And then update and expand our other juvenile programs serving youngsters who can be rehabilitated.
Two years ago, you responded to my call for a separate Department of Children and Youth Services to give juvenile justice a new focus and level of attention.
And the reason I can come to you now, proposing major and timely changes in our juvenile justice system, is because we have been able to lay the groundwork for it over the past two years.
We are moving forward with a separate facility for violent juvenile offenders; the youth boot camp is underway.
And this budget contains $12.6 million in cash and bonds to make improvements at our state Youth Development Centers and regional Youth Detention Centers, and to expand our other alternatives. We're going to open another group home, open two new wil derness programs and increase the number of specialized care slots.
The second law enforcement initiative you will find in this budget has to do with our public safety officers. It includes funds to increase the number of state troopers and GBI agents out in the field.
Our troopers no longer simply enforce traffic laws and investigate accidents. They also make an important contribution to fighting crime, especially drug traffic, and Georgia troopers have been recognized nationally for their successful tactics.

THURSDAY, JANUARY 13, 1994

101

So, for state troopers and GBI agents who are out on the front lines of protecting our citizens and their property, I want to recognize the added risk and responsibility they face by moving their positions up a pay-grade on July 1st.
And then also give them the same four percent that state employees get on the anni versary of their employment.
And for the third year in a row, I'm asking you to increase the hours of training we provide for local law enforcement officers -- this year by 30 percent.
Our law enforcement officers also need better tools. I am proposing that we provide the funds to build a computer database of the DNA prints of known criminals, so that a sample taken at the scene of a crime can be compared against the databank for a possi ble match.
And that we provide two new regional services for South Georgia: a medical examiner in Moultrie and an automated fingerprint system in Albany. This will not only help South Georgia, but also speed up law enforcement investigations statewide.
Our third goal is welfare reform, and once again this budget document gives you a financial blueprint.
As I told you on Tuesday, many of those who are on the welfare rolls long-term are there because they never learned the kind of skills and personal responsibility it takes to work.
That's why a key part of my welfare initiative is expanding the PEACH program, which teaches AFDC recipients the educational and personal skills they need to hold down a job.
I am proposing that we expand PEACH to serve an additional 4,750 clients. This brings the total served by the PEACH program to nearly 25,000 clients. And 3,420 slots for their children are included in the $5.5 million in new funds for day care.
During the course of this administration, we have tripled the PEACH program.
Last year you approved my proposal to begin requiring small Medicaid co-payments as a way to encourage personal responsibility among Medicaid recipients.
This year I am recommending an expansion of co-payments to 15 additional services for a savings of nearly $6 million. But we will continue to exempt pregnant women, chil dren, nursing home residents and emergencies.
Even with the expanded co-payment, you will find a net increase of $82.4 million in Medicaid funds in this budget.
And while we're on the subject of human services, let me say that I strongly support Lieutenant Governor Howard's timely initiatives in child abuse prevention, and this bud get reflects that support.
Over the past decade since 1983, we have experienced a 275 percent increase in reports of child abuse and neglect. And in recent years, we have seen the effects of the strain that this overload has placed on our child welfare system.
I am proposing more than $10 million to expand child welfare services, including 149 additional child protection staff.
We are also expanding services for severely emotionally disturbed children, with new core services in Cobb, Clayton and Dougherty county service areas, and for the chronically mentally ill, with new services in the Spalding and Sumter county service areas.
And we are implementing the third and final stage of our early intervention program for disabled infants and toddlers, increasing funds for this important effort by five-fold over the course of my administration.

102

JOURNAL OF THE HOUSE,

The fourth goal reflected in this budget is the stimulation of economic development.
Happy as we are about the positive statistics I cited at the beginning of my remarks, we must remember they are statewide averages that disguise some real disparities within this state.
But our efforts to address that are beginning to succeed. Last year seven of the 10 largest new manufacturing industries to come to Georgia, and eight of the 10 largest expansions among existing manufacturing industries were outside of metro Atlanta.
And our challenge is to build the current recovery into a solid pattern of economic development all across the state by helping each region of Georgia participate in that growth.
Anticipating this challenge, last year I created a public-private partnership called the Governor's Development Council.
Many of you participated this summer, as I personally brought members of the Coun cil to each of Georgia's 11 economic regions. I wanted to learn firsthand about their goals and the barriers they saw to achieving them.
In response, this budget includes a new appropriation of $4 million targeted at those regions, for small business assistance loans, marketing funds, export assistance loans and industrial projects -- depending on their regional priorities and needs.
I'm pleased to report that since the last time we met, the 1996 Olympic Games have broadened out across the state, with rowing in Gainesville, soccer in Athens, softball in Columbus, beach volleyball in Savannah, a training facility for divers in Moultrie -- the list goes on. These games are truly becoming the Georgia Olympics.
And this budget contains a new $1.5 million commitment to help the 40-plus commu nities that are seeking commitments for training facilities from teams of various countries, and to use the Olympics to market all of Georgia.
Another $5 million will fund equipment and research for the Council's initiative to assist our traditional textile and apparel, food processing, and pulp and paper industries as they strive to remain competitive.
We must never forget what these industries contribute to our state.
For our poultry industry, I am proposing three new diagnostic labs in Carroll, Macon and Mitchell counties to serve industry growth in these regions, and for our livestock industry, a testing facility at the Experiment Station in Tifton.
We are also going to continue our traditional economic development measures, with $125 million again devoted to developmental highways with emphasis on the Fall Line Freeway across central Georgia and the U.S. Highway 27 corridor down the western side of the state.
For our ports, we are continuing the upkeep of the dredged areas of the Savannah harbor, and designating motor fuel tax revenues for approaches to the new Sidney Lanier bridge in conjunction with anticipated federal funds.
This bridge is needed if Brunswick is to realize its full potential as a great port.
I'm also recommending $8 million for land and site work and planning and design for the Maritime Trade Center in Savannah, and $27 million for parking decks to serve the World Congress Center, Georgia Dome and Omni.
Another $25 million will provide loans to local governments for water and sewer facili ties and for multi-jurisdictional solid waste facilities.
And $4 million will help local governments with economic development projects and address the availability of affordable housing.

THURSDAY, JANUARY 13, 1994

103

And nearly $3 million for the Georgia Housing and Finance Authority will draw down more than $15 million in federal funds from the HOME Housing Block Grant Program.
Tourism is a big business for Georgia. Tourists spend more than $10 billion a year in Georgia, supporting more than 300,000 jobs with a payroll that exceeds $6 billion.
That is why I propose that we continue to improve our state parks and historical sites with a $5.2 million package for five state parks.
Historic Tallulah Gorge -- truly one of America's great natural wonders -- was recently protected under Preservation 2000 in partnership with the Georgia Power Com pany.
We will develop Tallulah Gorge State Conservation Park, with a visitors' center, a sys tem of trails and numerous landscaped overlooks.
South Carolina has already developed their side of Lake Richard Russell and proved its tourism potential. Our Lake Richard Russell State Park is presently a day facility only, and I want to take a first step in broadening its use by building a camping area.
Laura Walker State Park is next to Okefenokee Swamp, one of the world's most unique natural areas and the setting for the world-famous Pogo comic strip.
I am proposing an 18-hole golf course to expand the recreational opportunities needed to make the Okefenokee Swamp area even more of a tourist attraction. And I want to see a clubhouse and other facilities come later.
You've been hearing about the decay in the pool and springs facilities at Warm Springs that became famous when President Franklin Roosevelt used them, and I'm pro posing state funds to help with their renovation.
And finally, to enhance tourism for Georgia's Golden Isles, I have proposed an inter pretive center at the Meridian Dock in Mclntosh County to educate the public about Sapelo Island and the research being conducted there.
There are two other historic sites that are not owned by the state, but are important tourist attractions and need a little help from us to realize a higher level of activity.
Congress has designated the historic cemetery at Andersonville as a National Memo rial to All American Prisoners of War and is orchestrating funding for the National Pris oner of War Museum to be built there.
Our state contribution of $250,000 to this project is intended as a signal to Congress of the importance that we place on it, so that Congress will proceed with the full funding of the project.
And second, the Aviation Museum in Warner Robins -- -the only one of its kind in the Southeast -- is expanding, and I have proposed a grant of $240,000 to help.
We continue to expand our natural acreage under protection through the Preservation 2000 program.
Presently we have protected more than 56,000 acres, with another 36,000-plus under active negotiation. So you can see that we are nearing our goal of 100,000 acres.
This budget provides the third increment of $20 million in bonds to continue the pro tection of environmentally sensitive land and the acquisition of natural acreage for wildlife and recreational purposes.
Finally, let me mention just a couple of items that relate to state government and its services.
For state employees, I have recommended a 4 percent pay increase, to be awarded the same way as last year -- on an employee's anniversary date of employment and meritbased on a satisfactory job evaluation.

104

JOURNAL OF THE HOUSE,

Two public services that are used by more Georgians than just about any others are procuring and renewing drivers licenses, and registering to vote.
And this budget contains significant improvements for both of them.
I want to open 15 new driver's license stations to relieve congestion and make it easier for citizens to renew their driver's licenses.
And at the same time, I want to begin to offer voter registration services at our driver's license stations, as mandated by the new National Motor Voter Registration Act.
The idea is to make voter registration more accessible and to get people in the habit of keeping up with it at the same time they're keeping up with their driver's licenses.
But making life easier for voters can make it harder for those local election officials who must keep up the voter registration lists.
So my budget includes $6.6 million to develop a statewide computer network for voter registration and make it easier to implement the national law.
I also continue the interim improvements begun in the supplemental budget for the vehicle tag and title process until we can make some major decisions together about longterm changes.
Those improvements consist first of implementing two automated communication sys tems that do not require hands-on involvement from the Revenue staff.
One will give all county tag offices access to the state's master computer file so they can check on tag or title applications.
The second will use an automated touch-tone phone system to provide information to dealers and lending institutions.
And second, we're going to speed up the existing process to provide 10-day turn around in processing title applications and 5-day turn-around in processing lost title replacements.
I've been talking a long time, but I've only covered some of the highlights in a docu ment that is 450 pages long. Because the General Assembly has expressed a wish to be more knowledgeable about the budget, I have taken longer today, and we have worked harder this year to make the budget document on your desks more accessible and userfriendly. And I encourage you to study it.
This financial blueprint directs state funding with an emphasis on improving educa tion, reducing crime, reforming welfare and stimulating our economy.
Those are my budget priorities to help us achieve our goals of providing opportunity and requiring responsibility as we build the Georgia that can be for the 21st century.

Senator Ray of the 19th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

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

The Speaker called the House to order.

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

THURSDAY, JANUARY 13, 1994

105

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 following Senate amendment was read:

Amend the House amendment to SB 163 by adding at the end of the amendment the following:
By inserting on line 9 of page 1 after "tests;" the following: "to provide for adminis trative suspension of a driver's license for a first offense of DUI;".
By inserting after line 34 of page 2 the following:
"Section 1.5. Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relat ing to suspension of a driver's license, is amended by striking subsection (c) in its entirety and inserting in lieu thereof the following:
'(c) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension or disqualifica tion is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a moving motor vehicle upon the highway or elsewhere throughout this state in violation of Code Section 40-6-391 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or else where throughout this state and was involved in a traffic accident involving serious inju ries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either a blood alcohol concentration of 0.10 grams or more or, for a person under the age of 18, a blood alcohol concentration of 0.06 grams or more, the department shall suspend the person's driver's license, per mit, or nonresident operating privilege pursuant to Code Section 40-5-67.2, subject to review as provided for in this chapter. Upon the receipt of a sworn report of the law enforcement officer that the arrested person had been operating or was in actual physi cal control of a moving commercial motor vehicle and the test results indicate a blood alcohol concentration of 0.04 grams or more, the department shall disqualify the person from operating a motor vehicle for a minimum period of one year.'".

Representative Wall of the 82nd moved that the House disagree to the Senate amend ment to the House amendment to SB 163.
The motion prevailed.

Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:

HR 665. By Representatives Chambless of the 163rd, Thomas of the 100th, Walker of the 141st, Lee of the 94th, Stancil of the 16th and others:
A resolution reprimanding the Representative from the 96th District and ordering him to apologize to the House.

106

JOURNAL OF THE HOUSE,

Representative White of the 161st moved that HR 665 be recommitted to the Com mittee on Ethics.

Representative Walker of the 141st moved the previous question. 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
Barnes Y Bates
Benefield Y Birdsong
Bordeaux
N Bostick Y Breedlove
Y Brooks, D N Brooks, T Y Brown YBuck Y Buckner N Bunn Y Burkhalter
Y Byrd Y Campbell
Y Canty Y Carlisle Y Carrell
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 Cummines E Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Y Dobbs 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
E Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James
Jamieson Y Jenkins Y Johnson, D.H E 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 ELord
Y Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
Y McKinney 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
Parrish Patten
Y Pelote
Y Perry
Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Randolph
Ray Y Reaves Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper

E 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, P Y Stephenson Y Streat Y Taylor
Teague N Teper Y Thomas Y Tillman
Y Titus Y Towery Y Trense
Turnquest Y Twiggs E 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 motion, the ayes were 149, nays 7. The motion prevailed.

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 N Barfoot N Bargeron
Barnes N Bates
Benefield Y Birdsong
Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown

YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell N Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker

Y Coleman, B Coleman, T
N Colwell Y Connell YCox Y Crawford
Y Crews Y Culbreth Y Cummings
E Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart

YEpps 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 Manner N Harris, B Y Harris, M YHart Y Heard Y Hegstrom

Y Hembree Y Henson Y Holland E Holmes N Howard Y Hudson N Hughes
Y Hugley Y Irvin Y James
Jamieson Y Jenkins N Johnson, D.H E Johnson, E Y Johnson, G Y Johnson, J Y Johnston

THURSDAY, JANUARY 13, 1994

107

N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
ELord Y Lucas Y Maddox YMann Y Martin Y McBee

Y McClinton N McKinney N Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller N Oliver
O'Neal Y Orrock
Y Padgett Parham Parrish Patten
Y Pelote Y Perry Y Pinholster

NPoag Y Polak
Porter
Y Poston Y Powell Y Purcell, A
Y Purcell, B Randall Randolph
Ray N Reaves Y Reichert N Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson

Y Sinkfield
Y Skipper E Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smith, W Y Smyre YSnow
Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P Y Stephenson Y Streat Y Taylor
Teague N Teper

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

On the adoption of the Resolution, the ayes were 129, nays 25. The Resolution, having received the requisite constitutional majority, was adopted.

Due to a mechanical malfunction, the vote of Representative Coleman of the 142nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1296 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1188 Do Pass HB 1189 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

108

JOURNAL OF THE HOUSE,

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 565 Do Pass, by Substitute HB 567 Do Pass

HB 674 Do Pass, by Substitute HR 662 Do Pass

Respectfully submitted, Is/ Buck of the 135th
Chairman

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

FRIDAY, JANUARY 14, 1994

109

Representative Hall, Atlanta, Georgia Friday, January 14, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Ashe Atkins Bailey Baker Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks, D Brooks, T Buck Buckner Bunn Burkhalter
gyrd ,_ ,, Campbell

Clark Coker Coleman, B Colwell Connell Cox Crawford Crews Culbreth Dickinson Dix Dixon, S Ehrhart Epps Evans Felton Floyd, J.M Floyd, J.W Godbee Golden
Goodwm Greene

Hughes Hugley Irvin James Jamieson Johnson, D.H Johnson, G Johnson, J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane, D Lane, R Lawrence Lawson
Lewis Lord

Mobley, B Mobley, J Moore Mosley Mueller Oliver O'Neal Padgett Parham Patten Pelote Perry Pinholster Poag Polak Poston Powell Purcell, A Purcell, B Randall
Randolph Reaves

Skipper Smith, C Smith, L Smith, P Smith, T Smith, W Snow Stancil, F Stancil, S Stanley, L Stanley, P Streat Teper Tillman Titus Towery Trense Turnquest Twiggs Walker
Wall Watson

wCS aarrrteenr Cauthorn Chandler Channell Childers

n& Haarrnriss,, oM Heard Hembree Howard Hudson

M _M.a'tm. * McBee McClinton Milam Mills

E S,.,cogT gi. ng Shanahan Sherrill Shipp Simpson

fnWro-inhr-aemlsa, nBD d Williams, R Yates Yeargin Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Hart of the 116th, Jenkins of the 110th, Hanner of the 159th, Taylor of the 134th, Lee of the 94th, Orrock of the 56th, Chambless of the 163rd, Thomas of the 100th, Cummings of the 27th, Porter of the 143rd, Davis of the 60th, Parrish of the 144th, Dixon of the 168th, Davis of the 48th, Hegstrom of the 66th, Teague of the 58th, Holland of the 157th, Sinkfield of the 57th, Reichert of the 126th, Stephenson of the 25th, Smith of the 102nd, Lucas of the 124th and Henson of the 65th.
They wish to be recorded as present.

Prayer was offered by the Reverend Don Pickerill, Pastor, Ash Street Baptist Church, Forest Park, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

110

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1341. By Representative Streat of the 167th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Anno tated, known as the "Structural Pest Control Act," so as to require each applicant for a license to operate a structural pest control business and each licensee seeking renewal of a license to submit a certificate of insurance cov erage to the State Structural Pest Control Commission showing that such business is insured against liability for damages to persons or property.
Referred to the Committee on Industry.

HB 1342. By Representatives Greene of the 158th, Colwell of the 7th, Coleman of the 142nd, Parham of the 122nd, Parrish of the 144th and others:
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 generally, and to amend Chapter 10 of Title 48 of the Official Code of Geor gia Annotated, relating to motor vehicle license fees and plates, so as to pro vide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1343. By Representatives Crawford of the 129th, Reaves of the 178th Smith of the 174th and Joyce of the 1st:
A bill to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to prohibit private property from being taken by the regu latory action of a state agency without compensation being made.
Referred to the Committee on Judiciary.

HB 1344. By Representatives Greene of the 158th, Coleman of the 142nd, Stanley of the 50th, Pinholster of the 15th, Floyd of the 138th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.
Referred to the Committee on Agriculture & Consumer Affairs.

FRIDAY, JANUARY 14, 1994

111

HB 1345. By Representatives Johnston of the 81st, Johnson of the 97th, Crews of the 78th, Walker of the 141st, Mosley of the 171st and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to provide that each local board of education shall prescribe a course of study in criminal law educa tion.
Referred to the Committee on Education.

HB 1346. By Representatives Towery of the 30th, Barnes of the 33rd, Hughes of the 19th, Atkins of the 29th, Burkhalter of the 41st and others:
A bill to amend Code Section 50-27-25 of the Official Code of Georgia Anno tated, relating to confidentiality of information relating to the Georgia Lot tery Corporation and the lottery for education, so as to provide that certain information shall not be confidential and shall be made available to the pub lic.
Referred to the Committee on Industry.

HB 1347. By Representatives Williams of the 114th, Padgett of the 119th, Connell of the 115th and Moore of the 113th:
A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to provide for an equal number of peremptory challenges by the defendant and the prosecuting attorney.
Referred to the Committee on Special Judiciary.

HB 1348. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Paulding County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1349. By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to deannex and remove certain territory from the cor porate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1350. By Representatives Titus of the 180th and Hudson of the 156th:
A bill to amend Chapter 9 of Title 31 of the Official Code of Georgia Anno tated, relating to consent for surgical or medical treatment, so as to provide that prior to prescribing any medication known or thought to have addictive characteristics a health care provider shall fully inform the patient and obtain his or her informed consent to take such medication.
Referred to the Committee on Health & Ecology.

112

JOURNAL OF THE HOUSE,

HB 1351. By Representatives Cox of the 160th, Hammond of the 32nd, Crawford of the 129th, Martin of the 47th, Barnes of the 33rd and others:
A bill to amend Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the central child abuse registry maintained by the Division of Family and Children Services of the Department of Human Resources, so as to provide that a person who is alleged to have committed child abuse shall have notice and an opportunity for hearing before such individual's name is placed in the registry.
Referred to the Committee on Judiciary.

HB 1352. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to provide for a declaration of policy and legislative intent; to provide for definitions; to provide for notifications to permittees and contents of permits.
Referred to the Committee on Natural Resources & Environment.

HB 1353. By Representative Simpson of the 101st:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to change the per diem for members of local boards of education.
Referred to the Committee on Education.

HB 1354. By Representative Carlisle of the 107th:
A bill to amend Code Section 42-8-60 of the Official Code of Georgia Anno tated, relating to probation prior to adjudication of guilt, violation of proba tion, and other provisions relating to first offender treatment, so as to provide that the court shall exercise the procedure provided in such Code section for first offender treatment unless the court makes a determination.
Referred to the Committee on Judiciary.

HB 1355. By Representatives Towery of the 30th, Barnes of the 33rd, Stancil of the 16th, Atkins of the 29th, Burkhalter of the 41st and others:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, relating to the state lottery, so as to provide that no company employ ing a former employee of the Georgia Lottery Commission may contract with the commission for two years after such former employee terminates his or her employment.
Referred to the Committee on Industry.

HB 1356. By Representatives Campbell of the 42nd and Stancil of the 16th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to computation of child support awards and the guidelines for determining the amount of such awards.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 14, 1994

113

HB 1357. By Representatives Watson of the 139th, Buck of the 135th, Watts of the 26th and Lakly of the 105th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996.
Referred to the Committee on Industry.

HB 1358. By Representatives Dobbs of the 92nd, Colwell of the 7th, Watts of the 26th, Dixon of the 150th and Groover of the 125th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for a presumption of intention to convert rented or leased personal property.
Referred to the Committee on Judiciary.

HB 1359. By Representatives Campbell of the 42nd and Barnes of the 33rd:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to create the "Crime Victim's Rights Act".
Referred to the Committee on Judiciary.

HB 1360. By Representatives Towery of the 30th, Byrd of the 170th, Atkins of the 29th, Barnes of the 33rd, Johnson of the 153rd and others:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, relating to the state lottery, so as to provide that contracts to the Georgia Lottery Corporation for the provision of goods over a certain amount shall be awarded by competitive bidding.
Referred to the Committee on Industry.

HB 1361. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.

HB 1362. By Representatives Barnes of the 33rd, Towery of the 30th and Hammond of the 32nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to regulate and restrict the expenditure of public marketing resources.
Referred to the Committee on Judiciary.

114

JOURNAL OF THE HOUSE,

HB 1363. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding special withholding requirements.
Referred to the Committee on Ways & Means.

HB 1364. By Representative Campbell of the 42nd:
A bill to amend Code Section 44-6-190 of the Official Code of Georgia Anno tated, relating to joint tenancy with survivorship, so as to clarify the sole means of severance of a joint tenancy.
Referred to the Committee on Judiciary.

HB 1365. By Representatives Campbell of the 42nd, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Code Section 51-12-1 of the Official Code of Georgia Anno tated, relating to types of damages, evidence admissible in actions involving special damages, and the admissibility of evidence of compensation, benefits, or other payments from collateral sources, so as to revise the provisions relat ing to the admissibility of evidence of compensation, benefits, or other pay ments from collateral sources.
Referred to the Committee on Judiciary.

HB 1366. By Representatives Murphy of the 18th, Colwell of the 7th, Twiggs of the 8th, Bargeron of the 120th, Godbee of the 145th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a Georgia Department of Buildings.
Referred to the Committee on State Institutions & Property.

HB 1367. By Representative Campbell of the 42nd:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of driv ers' licenses, so as to provide that no driver's license or instruction permit shall be issued to a person under the age of 18 years unless such person is enrolled in school or has been awarded a high school diploma or its equiva lent.
Referred to the Committee on Motor Vehicles.

HB 1368. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to specify that proceeds of any lottery prize awarded by the Georgia Lottery Corporation are included within the taxable net income of taxable nonresidents.
Referred to the Committee on Ways & Means.

FRIDAY, JANUARY 14, 1994

115

HB 1369. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Anno tated, relating to income tax withholding, so as to authorize the state revenue commissioner to promulgate regulations for withholding tax with respect to proceeds of certain lottery prizes.
Referred to the Committee on Ways & Means.

HB 1370. By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the commissioner districts in Spalding County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1371. By Representative Smith of the 175th:
A bill to amend the Official Code of Georgia Annotated, so as to provide for the extensive revision of provisions regarding the charging of interest, finance charges, and other charges in connection with loans, advances of money, for bearances to enforce the collection of money, retail installment contracts, revolving accounts, credit card accounts, and other extensions of credit.
Referred to the Committee on Banks & Banking.

HB 1372. By Representatives Yeargin of the 90th and Hanner of the 159th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Anno tated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell.
Referred to the Committee on Game, Fish & Parks.

HR 726. By Representatives Twiggs of the 8th, Colwell of the 7th and Greene of the 158th:
A resolution creating the Joint Study Committee on Historic Dramas.
Referred to the Committee on Rules.

HR 727. By Representative Evans of the 28th:
A resolution urging the commissioner of natural resources and the director of the Environmental Protection Division of the Georgia Department of Nat ural Resources to delay implementation of the centralized emission testing program in Georgia.
Referred to the Committee on Natural Resources & Environment.

HR 728. By Representatives Irvin of the 45th, Burkhalter of the 41st, Trense of the 44th, Campbell of the 42nd, Ashe of the 46th and others:
A resolution proposing an amendment to the Constitution so as to provide for a limit upon certain increases in ad valorem taxes.
Referred to the Committee on Ways & Means.

116

JOURNAL OF THE HOUSE,

HR 729. By Representative Childers of the 13th: A resolution creating the House Pain Management Study Committee.
Referred to the Committee on Rules.

HR 730. By Representative Murphy of the 18th: A resolution designating the Sergeant Ray McKibben Highway.
Referred to the Committee on Transportation.

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

HB 1383. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Cummings of the 27th:
A bill to amend Code Section 47-3-41 of the Official Code of Georgia Anno tated, relating to the annuity savings fund of the Teachers Retirement Sys tem of Georgia, so as to provide that the board of trustees of such retirement system shall establish the percentage of the salaries of the members of such system which shall be paid to the system as employee contributions.
Referred to the Committee on Retirement.

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

HB 1306

HB 1307

HB 1308

HB 1309

HB 1310

HB 1311

HB 1312

HB 1313

HB 1314

U"Q
riD

1315

HB 1316

HB 1317

HB 1318

HB 1319

HB 1320

HB 1321

HB 1322

HB 1323

HB 1324

HB 1325 HB 1326 HB 1327 HB 1328 HB 1329 HB 1330 HB 1331 HB 1332 HB 1333
1334 TrlTDTJ 1335
HB 1337 HB 1338 HB 1339 HB 1340 HR 713 HR 714

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1264 Do Pass HB 1275 Do Pass

FRIDAY, JANUARY 14, 1994

117

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

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

HB 1264. By Representative Stancil of the 91st: A bill to create a board of elections and registration for Oconee 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 107, nays 16.
The Bill, having received the requisite constitutional majority, was passed.

HB 1275.

By Representatives Pelote of the 149th, Johnson of the 148th, Mueller of the 152nd, Bordeaux of the 151st, Johnson of the 153rd and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that judges of the Magistrate Court of Chatham 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 107, nays 16.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 405. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act entitled an Act to provide homestead exemption from all Richmond County School District ad valorem taxes for educational pur poses for certain residents so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, effective date, and automatic repeal.

HB 328. By Representatives Harris of the 112th, Dover of the 9th, Royal of the 164th and Skipper of the 137th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to require that such boards shall specify in writing the reasons for decisions on questions pre sented on appeal.

118

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:

SB 405. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act entitled an Act to provide homestead exemption from all Richmond County School District ad valorem taxes for educational pur poses for certain residents so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, effective date, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Poston of the 3rd moved that the House disagree to the unfavorable Report of the Committee on the following Resolution of the House:

HR 670. By Representatives Poston of the 3rd, Teper of the 61st and Joyce of the 1st:
A resolution censuring the Representative from the Eighteenth District.

Representative Buck of the 135th assumed the Chair.

By unanimous consent, each speaker will be limited to ten minutes on HR 670.

Representative Poston of the 3rd arose to a point of personal privilege and addressed the House.

Representative Poston of the 3rd moved that HR 670 be withdrawn.

On the motion by Representative Poston of the 3rd, it was so ordered by the Chair.

Representative Walker of the 141st arose to a point of personal privilege and addressed the House.

Representative Teper of the 61st arose to a point of personal privilege and addressed the House.

Representative McKinney of the 51st arose to a point of personal privilege and addressed the House.

Representative Yeargin of the 90th arose to a point of personal privilege and addressed the House.

Representative Hughes of the 19th arose to a point of personal privilege and addressed the House.

Representative Stancil of the 16th arose to a point of personal privilege and addressed the House.

Representative Chambless of the 163rd arose to a point of personal privilege and addressed the House.

FRIDAY, JANUARY 14, 1994

119

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

The Speaker assumed the Chair.

Representative Yates of the 106th arose to a point of personal privilege and addressed the House.

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

HR 733. By Representatives Stanley of the 50th, McKinney of the 51st, Stanley of the 49th, Davis of the 48th, Orrock of the 56th and others:
A resolution inviting Mayor Bill Campbell to appear before the House of Representatives.

HR

734. By Representatives Williams of the 63rd, Orrock of the 56th, Henson of the 65th and McBee of the 88th:
A resolution commending the Georgia Women's Intersport Network (GAWIN) and inviting the members thereof to appear before the House of Representatives.

':

The following Resolutions of the House were read and adopted:

HR 731. By Representative Murphy of the 18th:
A resolution recognizing and expressing appreciation to the Elders of the Bremen Church of Christ.

HR 736. By Representative Ashe of the 46th: A resolution recognizing and commending Ms. Mary Easson.

HR 737. By Representative Mobley of the 86th:
A resolution commending Martin Luther King, Jr., Day at New Hope A.M.E. Church.

HR 738. By Representative Stanley of the 50th: A resolution commending the Reverend Stanley Galloway.

HR 739. By Representatives Hegstrom of the 66th, Martin of the 47th, Mobley of the 69th, Yates of the 106th, Henson of the 65th and others:
A resolution encouraging the public schools in this state to recognize "Pedes trian Safety Week" in Georgia.

HR ?

740. By Representatives Teague of the 58th, White of the 161st, McKinney of the 51st, Sinkfield of the 57th, Stanley of the 50th and others:
A resolution commending the South Fulton Democratic Club.

120

JOURNAL OF THE HOUSE,

HR 741. By Representative Murphy of the 18th:
A resolution recognizing and expressing appreciation to Joe Holloway on the occasion of his retirement.

HR 742. By Representative Powell of the 23rd:
A resolution commending and recognizing the SWaMP (Solid Waste Manage ment Plan) Kids of Franklin County.

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

HB 1296.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

The Chair put the question before the House to consider HB 1296.

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

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

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

Y Mobley, B
Y Mobley, J N Moore Y Mosley N Mueller Y Oliver N O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Patten
N Pelote Y Perry N Pinholster NPoag Y Polak N Porter N Poston Y Powell Y Purcell, A Y Purcell, B
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 Skipper

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

The ayes were 98, nays 62.

Due to a mechanical malfunction, the vote of Representative Yates of the 106th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Bill was read:

FRIDAY, JANUARY 14, 1994

121

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", approved April 28, 1993 (Ga. L. 1993, p. 1819), so as to change certain appropriations for the State Fiscal Year 1993-1994; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA

An Act providing appropriations for the State Fiscal Year 1993-1994, known as the "General Appropriations Act," approved April 28, 1993 (Ga. L. 1993, p. 1819), is further amended by striking everything following the enacting clause through Section 82 and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994 as prescribed hereinafter for such fiscal year, from funds from the Federal Government and of the General Funds of the State, including surplus, reserves and a revenue estimate of $8,810,886,927 (excluding $139,118,799 in the Indigent Care Trust Fund and Lottery Receipts of $280,381,199) for State Fiscal Year 1994.

PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff................................................................$ Personal Services - Elected
Officials.........................................................................................? Regular Operating Expenses .........................................................? Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................? Capital Outlay .................................................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and
Contracts - Staff ..........................................................................$ Per Diem, Fees and
Contracts - Elected Officials .....................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................? Photography.....................................................................................? Expense Reimbursement Account................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

22,625,363 11,507,461
3,632,028 2,639,954
74,500 7,000
0 147,000
5,000
146,552
2,002,568 586,000 654,000 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

122

JOURNAL OF THE HOUSE,

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 legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activi ties; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, and for the Legislative Fiscal Office; for compiling, publish ing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits Budget Unit: Department of Audits...................................................$
Operations Budget: Personal Services.............................................................................$

15.753,386 13,309,012

FRIDAY, JANUARY 14, 1994
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
PART II. JUDICIAL BRANCH
Section 3. Supreme Court Budget Unit: Supreme Court...............................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 4. Court of Appeals Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$
Section 5. Superior Courts Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior Court Judges ................................................$ Judicial Administrative Districts..................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education......................................................!
Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council for Magistrate Court Judges................................................................................!

123
386,000 521,650 115,540
15,000 803,184 39,000 450,000 114,000 15,753,386 15,753,386
5,201,909 4,327,809 1,559.100 5,886,909 5,201,909
5,819.886 5,148,259
721,627 5,869,886 5,819,886
48,888,332 47,515,523
1,840,926 157,415 126,609
1,122,075 50,762,548 48,888,332
911.803
698.400 560,700
137,700 698,400 698,400
2,389,352 1,269,363
76,500 41,689
26,000

124

JOURNAL OF THE HOUSE,

Payment to Council for Probate Court Judges......................................,.........................................!
Payment to Council for 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....................................................................!

20,000
12,000
33,800 250,000
660,000 2,389,352 2,389,352

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..................................................................!

146,228

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council.............................................!

1,000,000

PART III. EXECUTIVE BRANCH

Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! D.P. Rents and Maintenance ........................................................$ Utilities, Federal........................................................,.....................! Payments to DOAS Fiscal
Administration,...........................................,................................! Direct Payments to Georgia
Building Authority for Operations .........................................,,! Telephone Billings..........................................................................! Radio Billings..................................................................................! Materials for Resale........................................................................! Health Planning Review
Board Operations ........................................................................$ Public Safety Officer's
Indemnity Fund...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

34.799.338
48,019,713 11,608,912
267,300 270,400 6,389,873 3,002,947 540,208 11,507,801 4,829,583 11,289,500 41,000
2,750,000
707,000 45,921,502
630,020 16,500,000
35,000
150.000 164,460,759 34,799,338

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission Departmental Administration Statewide Systems Central Supply
Administration

451,548 2,704,234 10,968,692
17,012,698

FRIDAY, JANUARY 14, 1994

125

Procurement Administration General Services
Administration Executive Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Distance Learning and
Telemedicine Office of the Treasury Total

2,840,463
469,465 1,816,621
477,122 53,818,524 3,701,054 58,455,579 5,156,728
1,810,618 1,167,099 2,418,406
420,641 771,267 164,460,759

2,840,463
0 550,758
477,122 12,885,843
0 5,850,000
0 0 0 150,000
0 771.267 34,799,338

B. Budget Unit: Georgia Building Authority ....................................$ Georgia Building Authority Budget:
Personal Services..................... ........................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$
Real Estate Rentals ........................... Per Diem, Fees and Contracts .......... Computer Charges............................... Telecommunications.......................... Capital Outlay..................................... Utilities................................................ Contractual Expenses........................ Fuel........................................................ Facilities Renovations and Repairs. Total Funds Budgeted....................... State Funds Budgeted.......................

0
18,939,392 5,265,584
19,700 434,500 221,410
17,500 265,000 108,600 158,886
0 7,240,000
356,800 0 0
33,027,372 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Total

!

1,402,690

!

5,224,225

$

4,064,128

$

5,622,425

!

383,786

!

4,454,562

$

10,098,197

!

1.777.359

!

33,027,372

Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials ................
Operations Budget: Personal Services........................................... Regular Operating Expenses ....................... Travel..............................................................

105.478
86,278 10,800 8,000

126

JOURNAL OF THE HOUSE,

Telecommunications.......................................................................? Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?

400 105,478 105,478

Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture ...............................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ..................................,............................$ Equipment..........................,.............................................................? Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Market Bulletin Postage................................................................? Payments to Athens and Tifton
Veterinary Laboratories.............................................................?
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro..........................................?
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................................................................? Boll Weevil Eradication Program.................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

33,908.417
29,639,196 4,079,695
915,170 379,616 396,337 787,510 1,173,236 281,807 395,000 860,000
2,470,000
1,955,063 412,000 127,000 175,000
573,546
700,000 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 Agriculture
Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

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

FRIDAY, JANUARY 14, 1994

127

Development Authority .........................................$ Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
798,896 189,361
6,000 23,000 10,000 13,939 2,250 7,500 75,000 104,500 1,230,446
0

Section 14. Department of Banking and Finance. A. Budget Unit: Department of Banking
and Finance .............................................................$
Administration and Examination Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,301,513
6,658,535 355,049 331,059 150,623 84,727 287,100 7,500 350,664 76,256
8,301,513 8,301,513

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 ......................................................$ Capital Outlay.................................................................................! Utilities.............................................................................................! Institutional Repairs
and Maintenance.........................................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................$ County-Owned Detention Centers................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

84,509.207 59,008,593 4,216,500
724,800 271,480 312,695 486,431 1,313,800 673,600 2,137,800 365,000 1,959,900
1,161,600 10,832,508
182,400 2,686.400 86,333,507 84,509,207

Department of Children and Youth Services Functional Budgets

Total Funds

State Funds

128

JOURNAL OF THE HOUSE,

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 Multi Services Centers Youth Services
Administration Total

21,170,769 10,009,988 7,896,318 4,453,998
4,783,877
14,490,688 3,054,827
923,200 835,331 11,123,518
948,656
552,415 120,000
5,969,922 86,333,507

Section 16. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel...............................................................................................,! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions........................................................! Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame........................................................................! Local Development Fund...............................................................! Payment to State Housing Trust Fund.......................................! Payment to Georgia Environmental
Facilities Authority for Operations ..........................................! Local Government Efficiency Grants...........................................! Payment to Georgia Housing and
Finance Authority.......................................................................! State Commission on National and
Community Service.....................................................................! Georgia Sports Hall of Fame.........................................................!
Regional Economics Business Assistance Grants............................................................................................!
Educational Vouchers.....................................................................! Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

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 0
6,609,196 84,509,207
20.854,011
5,488,328 230,905 160,820 0 2,000 152,730 549,167 45,883 247,034 0
2,272,825 1,691,000
94,731
30,000,000
157,323 750,000 4,625,000
1,690,861 750,000
3,000,000
224,000 50,000
1,000,000 250,000
53,432,607 20,854,011

FRIDAY, JANUARY 14, 1994

129

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of the Commissioner Government Management Financial Assistance Coordinated Planning Total

17,506,597 1,477,013 32,059,570 2,389,427 53,432,607

16,097,297 1,477,013 1,050,812 2,228.889 20,854,011

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment...................... ..................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................$ Court Costs.......................................................................................! County Subsidy...............................................................................! Court Subsidy for Jails ..................................................................$ County Workcamp Construction Grants.....................................! Central Repair Fund.......................................................................! Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................! Payments to Public Safety for Meals..........................................! Inmate Release Funds....................................................................! Health Services Purchases.............................................................$ Payments to MAG for Health
Care Certification........................................................................! University of Georgia - Cooperative
Extension Service Contracts......................................................! Minor Construction Fund..............................................................! Authority Lease Rentals ................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

565,540,860 393,768,006 54,465,552
2,252,550 3,213,082 3,785,068 5,299,932 4,667,815 6,157,139 5,208,803
0 17,148,012
575,000 13,255,000 3,017,200
447,000 886,000
3,766,755
1,331,900 444,500
1,740,000 46,831,281
55,000
337,260 1,304,300
0 569,957,155
450,000 565,540,860

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......................................................................!
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$

37.037.111
29,988,895 1,162,084

130

JOURNAL OF THE HOUSE,

Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications .......................................................................$ County Jail Subsidy........................................................................! Health Services Purchases.............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

691,100 168,000 164,860 2,543,400 272,500 470,772 813,500 757,000
5,000 37,037,111 37,037,111

Section 18. Department of Defense.
Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications....................................,..................................! Capital Outlay.................................................................................! Repairs and Renovations ...............................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

3,858,508
6,896,883 4,281,541
21,960 13,000 23,000 4,740 565,900 14,100 54,108 266,000
0 12,141,232 3,858,508

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

!

1,322,411

!

4,476,647

$

6,342,174

!

12,141,232

$

1,153,863

$

506,931

$

2,197,714

$

3,858,508

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.........,..............................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Utilities.............................................................................................! Capital Outlay .................................................................................$ QBE Formula Grants: Kindergarten & Grades 1 - 3.........................................................! Grades 4 - 8......................................................................................! Grades 9 - 12...................,................................................................! High School Laboratories ..............................................................$

3.240.039,502
37,840,329 4,126,626 1,087,967
109,500 421,823 1,471,304 15,781,097 7,010,846 1,180,382 742,880 50,000
753,531,667 715,965,525 294,622,175 124,613,856

FRIDAY, JANUARY 14, 1994
Vocational Education Laboratories..............................................$ Special Education............................................................................! Gifted ................................................................................................$ Remedial Education........................................................................! Staff and Professional Development............................................! Media................................................................................................! Indirect Cost....................................................................................! Mid-Term Adjustment Reserve....................................................! Pupil Transportation......................................................................! Local Fair Share..............................................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In-School Suspension......................................................................! Special Instructional Assistance ...................................................! Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................! Non-GBE Grants:
Mentor Teachers.............................................................................! Education of Children of Low -
Income Families...........................................................................! Retirement
(H.B. 272 and H.B. 1321) ..........................................................$ Instructional Services for
the Handicapped (Federal)........................................................! Tuition for the
Multi-Handicapped....................................................................! Severely Emotionally Disturbed ...................................................$ School Lunch (Federal) ..................................................................$ School Lunch (State)......................................................................! Supervision and Assessment of
Students and Beginning Teachers and PerformanceBased Certification......................................................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................! High School Program .....................................................................$ Special Education in State Institutions.........................................................................! Governor's Scholarships.................................................................! Job Training Partnership Act.......................................................! Vocational Research and Curriculum ..........................................$ Salaries and Travel of Public Librarians........................................................................... Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................! Child Care Lunch Program (Federal).......................................................................! Chapter II - Block Grant Flow Through (Federal) .............................................................$ Payment of Federal Funds to Board of Technical and Adult Education..........................................................................! Drug Free School (Federal)...........................................................! Innovative Programs.......................................................................!

131
100,756,134 275,159,949 38,022,413 58,760,866 28,891,019 87,006,632 596,369,241
0 129,798,307 (615,762,984)
142,801,545 3,609,604 21,059,624 51,005,135 51,755,114
416,000
1,000,000
186,500,970
4,950,000
39,176,572
2,960,451 36,105,108 136,568,755 24,332,066
1,500,000 6,746,192 2,766,212 18,041,235
3,991,103 2,702,000 3,084,680
248,270
10,645,182 5,007,912
911,019 4,025,581
22,934,480
10,783,825
11,701,897 11,841,909 2,450,000

132

JOURNAL OF THE HOUSE,

Next Generation School Grants......................... Transition Program for Refugee
Children (Federal)............................................ Limited English-Speaking Students Program. Emergency Immigrant Education
Program (Federal)............................................ Robert C. Byrd/
Scholarships (Federal)..................................... Title II Math/
Science (Federal).............................................. Health Insurance -
Non-Cert. Personnel and Retired Teachers...................................... Pre-School Handicapped Program............................................................. Nutrition Education............................................ Total Funds Budgeted......................................... Indirect DOAS Services Funding.............................................................. State Funds Budgeted.........................................

1,000,000
119,012 6,924,763
223,824
232,000
3,715,615
90,047,892
13,782,520 65,000
3,595,290,621
340,000 3,240,039,502

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honor Program Administrative Services Special Services Professional Practices Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

4,075,184 20,546,899
1,161,942 19,222,638 6,485,228
848,847 3,630,681,225
4,668,237 6,413,189 4.689.189 3,698,792,578

!

3,782,008

!

15,545,976

$

1,050,740

!

14,718,904

!

3,068,292

!

848,847

! 3,186,117,925

!

4,479,236

!

6,221,902

!

4.205.672

! 3,240,039,502

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 .............,....................................$ Safe School Grant ...........................................................................I Media Center and Library Equipment .....................................................................$ Model Technology Schools ............................................................$ Learning Logic Sites .......................................................................$ Alegebra Classrooms .......................................................................$ Drug and Anti-Violence Education..............................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

154,195.277 37,100,000
32,087,500 1,000,000 12,304,078 603,600 1,236,400
20,000,000
37,397,500 9,764,199
924,000 753,000 1,025,000 154,195,277 154,195,277

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System..................................! Employees' Retirement System Budget:
Personal Services.............................................................................!

165,570 1,553,491

FRIDAY, JANUARY 14, 1994

133

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....................................................................?

325,263 15,000
0 26,524 315,749 1,026,000 590,710 25,310 3,878,047 165,570

Section 21. Forestry Commission. Budget Unit: Forestry Commission ....................................................$
State Operations Budget Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Ware County Grant ........................................................................$ Ware County Grant for Southern Forest World...............................................................$ Ware County Grant for Road Maintenance ......................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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

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.................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Evidence Purchased........................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

37,452,988
28,334,052 2,356,685
476,600 556,160 546,870 1,868,817 653,844 1,447,900 736,060 476,000
0 37,452,988 37,452,988

134

JOURNAL OF THE HOUSE,

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..................................................! Office of the Governor Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges.,.........................................................................! Telecommunications.......................................................................! Cost of Operations ..........................................................................$ Mansion Allowance.........................................................................! Governor's Emergency Fund.........................................................! Intern Stipends and Travel...........................................................! Art Grants - State Funds...............................................................! Art Grants - Non-State Funds......................................................! Humanities Grant - State Funds..................................................! Children and Youth Grants...........................................................! Juvenile Justice Grants.....................................................,............! Grants to Local Systems................................................................! Ga. Crime Victim's
Assistance Program.....................................................................! Grants to Locals-Emergency
Management Assistance.............................................................! Grants - Others................................................................................! Civil Air Patrol Contract...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

27,976,049
13,408,027 881,342 281,946 15,000 119,531 973,937
26,323,753 637,225 308,294
3,061,629 40,000
5,975,000 160,000
2,807,357 511,515 42,800 290,975
1,144,625 517,000
100,000
1,044,200 0
60,000 58,704,156 27,976,049

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Commission on Equal Opportunity Office of Planning and Budget Council for the Arts Office of Consumer Affairs State Energy Office Council on Vocational Education Consumers' Utility Counsel Criminal Justice Coordinating
Council Commission on Children
and Youth Human Relations Commission

9,236,629 876,391
5,596,338 4,065,036 2,259,010 24,824,776
362,389 529,821
1,567,702
1,755,140 267,131

9,236,629 770,760
5,596,338 3,217,767 2,259,010
304,327 94,963 529,821
485,008
499,318 267,131

FRIDAY, JANUARY 14, 1994

135

Professional Standards Commission
Georgia Emergency Management Agency
Office of State Olympic Coordination
Total

3,410,260
3,691,108
262.425 58,704,156

3,410,260
1,042,292
262,425 27,976,049

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.......................................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................!
Institutional Repairs and Maintenance.................................................................................!
Payments to DMA for Community Care.........................................................................!
Service Benefits for Children........................................................! Special Purpose Contracts.............................................................! Purchase of Service
Contracts.......................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

607,245,361
52,136,377 1,917,673 1,280,117 1,279,129 159,332 4,666,670 757,614 1,049,574 650,171 0 942,145 0
62,500
13,054,342 29,079,065
244,000
30,989.953 138,268,662
412,600 83,248,154

General Administration and Support Functional Budgets

Total Funds

State Funds

Commissioner's Office Administrative Appeals Personnel Administration Indirect Cost Facilities Management Public Affairs Budget Administration Financial Services Auditing Services Office of Children and Youth Regulatory Services - Program
Direction and Support Child Care Licensing Health Care Facilities
Regulations Fraud and Abuse Support Services Aging Services State Health Planning and
Development Agency

893,953 1,907,282 1,669,404
0 5,290,692
452,189 2,005,103 5,304.949 1,727,862 29,079,065
622,716 2,690,000
8,451,757 5,873,156 23,584,389 47,188,328
1,527,817

893,953 1,907,282 1,669,404 (9,298,913) 4,271,227
452,189 2,005,103 5,104,949 1,727,862 23,163,642
612,716 2,690,000
2,102,133 799,017
22,289,442 21,410,331
1,447,817

136

JOURNAL OF THE HOUSE,

Total

$ 138,268,662

83,248,154

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.......................................................................! Institutional Repairs and Maintenance.......................................! Postage.,............................................................................................! Crippled Children Clinics ..............................................................$ Grants for Regional Maternal and Infant Care..........................................................! Crippled Children Benefits............................................................! Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent HighRisk Pregnant Women and Their Infants................................................................................! Family Planning Benefits..............................................................! Grants-In-Aid to Counties .............................................................$ Purchase of Service Contracts ......................................................$ Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

50,462,846 71,741,494
940,217 14,700 119,964
1,085,055 4,981,387
673,897 728,910 32,100 138,672 656,000
747,761 7,933,321
308,000 3,200,000
960,000 646,222 87,099,623 11,346,416 663,609 244,480,194 549,718 128,625,602

Public Health Functional Budgets

Total Funds

State Funds

Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart Attack
Prevention Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Control Maternal and Child Health
Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health

826,235 288,392 1,582,437 1,778,517 1,010,769 1,769,046
1,973,316 604,096 886,222
2,712,000 5,532,904
998,123 1,340,674 1,893,655 7,631,237 74,084,950 1,387,074 12,906,997 1,040,461
496,464 4,219,458
934,028

629,010 288,392 1,448,836 1,561,221 787,951 1,409.035
1,443,316 441,796 0 308,272
5,001,208
674,510 484,680 774,438 4,447,839
0 1,176,899 7,424,722 1,040,461
496,464 4,219,458
757,935

FRIDAY, JANUARY 14, 1994

137

Laboratory Services Emergency Health District Health Adminstration Newborn Follow-Up Care Genetics/Sickle Cell/
Vision/Hearing Vaccines High-Risk Pregnant Women
and Infants Grants in Aid to Counties Community Health Management Community Care Aids Early Intervention Drugs and Clinical Supplies Adolescent Health Planning Councils Indirect Cost Total

5,148,151 2,897,420 11,184,858 1,146,969
3,889,733 11,237,625
5,375,597 50,928,839
544,767 3,479,533 7,522,571 9,070,996 3,066,690 2,916,824
172,566 0
244,480,194

5,028,151 I,840,872 II,055,183
901,440
3,493,431 498,834
5,263,597 50,098,839
365,318 1,293,370 3,507,852 6,980,047 2,367,088 1,862,724
155,251 (902,838) 128,625,602

3. Rehabilitation Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................$ Utilities.............................................................................................! Capital Outlay .................................................................................$ Postage..............................................................................................! Institutional Repairs and Maintenance.........................................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts.............................................................! Purchase of Services Contracts.....................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

66,313,300 11,161,446
832,419 58,090 536,650 3,941,330 7,617,222 1,776,686 1,474,049 903,615
0 757,502
204,550 23,864,781
27,000 675,500 8,785,767 128,929,907 100,000 21,496,200

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support Grants Management State Rehabilitation Facilities Roosevelt Warm Springs Institute Georgia Factory for the Blind Disability Adjudication Diversified Industries of Georgia District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop

3,216,353 684,795
7,139,556 20,899,013 12,009,161 31,224,471
1,032,121 42,476,278
654,036 1,665,376 7,928,747
0

1,069,706 684,795
1,379,086 4,288,876
797,378 0 0
8,962,555 435,751 801,402
3,076,651 0

138

JOURNAL OF THE HOUSE,

Total

$ 128,929,907

$

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.......................................................................! Postage..............................................................................................! Cash Benefits...................................................................................! Children's Trust Fund Grants ......................................................$ Grants to County DFACS - Operations...................................................................! Service Benefits for Children........................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

39,999,257 3,486,022
693,773 0
401,834 2,335,235 12,776,471 24,716,192 4,104,182 3,387,972 467,503,662 1,049,584
245,814,141 148,277,422
3,891,738 16,638,657 975,076,142 2,565,582 373,875,405

Family and Children Services Functional Budgets

Total Funds

State Funds

Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Projects Food Stamp Issuance Director's Office Administrative Support Quality Assurance Public Assistance Field Management Social Services Indirect Costs Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Human Resources Management Outreach - Contracts Special Projects Community Services

!

2,799,421

! 452,591,602

!

100

!

12,966,539

!

74,252,360

$ 100,011,024

!

55,068,889

!

7,438,487

!

2,907,954

!

392,892

$

5,678,165

!

3,598,230

!

27,380,743

!

1,190,322

$

3,824,334

!

0

!

20,975,278

!

2,884,770

!

31,797,658

!

6,152,820

$

2,261,063

!

6,903,437

!

78,617,904

!

1,894,341

$

144,817

!

1,281,316

!

11,652,203

0 170,310,220
100 0
28,378,970
49,857,397
26,061,868
2,007,560 0
392,892 4,488,492 3,598,230 11,881,702 1,190,322 3,446,150 (7,358,595) 8,519,151 2,262,574 20,727,528 4,690,725 2,117,072 5,373,591 21,941,136 1,721,525
144,817 1,257,407
976,682

FRIDAY, JANUARY 14, 1994

Children's Trust Fund Grants County DFACS Operations -
Employability Program Child Support Recovery Prevention of Foster Care Total

!

1,215,511

$

9,043,381

$

44,182,442

$

5.968,139

$ 975,076,142

A. 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.......................................................................!

Utilities.............................................................................................!

Postage..............................................................................................!

Capital Outlay

$

Grants for Regional

Maternal and Infant Care..........................................................!

Crippled Children Benefits............................................................!

Crippled Children Clinics ..............................................................$

Kidney Disease Benefits................................................................!

Cancer Control Benefits.................................................................!

Benefits for Medically Indigent High-

Risk Pregnant Women and

Their Infants................................................................................!

Family Planning Benefits ..............................................................$

Grants-In-Aid to Counties .............................................................$

Payments to DMA for

Community Care.........................................................................!

Service Benefits for Children........................................................!

Case Services....................................................................................!

E.S.R.P. Case Services....................................................................!

Cash Benefits...................................................................................!

Grants to County DFACS -

Operations....................................................................................!

Institutional Repairs

and Maintenance.........................................................................!

Special Purpose Contracts.............................................................!

Purchase of Service Contracts ......................................................!

Children's Trust Fund Grants ......................................................$

B. Budget Unit: Community Mental Health/ Mental Retardation/Substance Abuse and Institutions...........................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Utilities.............................................................................................!

139
1,215,511
3,393,534 1,546,509 3,732,335 373,875,405
208,911,780 88,306,635 3,746,526
1,351,919 1,217,780 12,028,290 26,132,694 28,216,349 6,957,312
903,615 5,226,291
0
747,761 7,933,321
656,000
308,000
3,200,000
960,000 646,222 87,099,623
13,054,342 177,356,487 23,864,781
27,000 467,503,662
245,814,141
299,150 5,474,847 67,760,793 1,049,584
429,112,842 349,144,797 37,721,253
307,883
472,300 1,792,761
252,637 8,765,793 4,542,036 2,370,833 11,745,300

140

JOURNAL OF THE HOUSE,

Capital Outlay .......................................... Authority Lease Rentals......................... Institutional Repairs and
Maintenance.......................................... Substance Abuse Community Services. Mental Retardation Community
Services .................................................. Mental Health Community Services..... Community Mental Health Center
Services ................................................. Special Purpose Contract........................ Total Funds Budgeted............................. Indirect DOAS Services Funding .......... State Funds Budgeted.............................

0 0
1,722,000 47,031,391
88,375,838 26,217,774
57,780,094 294,118
638,536,808 2,404,100
429,112,842

Community Mental Health/Mental Retardation, Substance Abuse and Institutions Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Georgia Retardation Center Georgia Mental Health Institute Georgia Regional Hospital
at Augusta Northwest Regional Hospital
at Rome Georgia Regional Hospital
at Atlanta Central State Hospital Georgia Regional Hospital at
Savannah Gracewood State School
and Hospital West Central Georgia Regional
Hospital Outdoor Therapeutic Program Mental Health Community
Assistance Mental Retardation Community
Assistance Day Care Centers for
Mentally 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

45,313,525 31,870,738 33,177,775
25,115,953
29,120,564
31,250,865 140,211,629
25,704,298
48,563,451
23,948,581 3,558,236
10,485,040
3,944,924
69,149,590 25,871,762
744,911 525,474 1,116,768
57,780,094 382,273
1,537,971
285,960 346,012
4,180,909

25,099,629 13,659,638 26,176,013
20,565,950
20,461,660
23,518,502 84,594,931
19,354,776
23,995,918
19,093,919 2,677,959
10,375,631
2,940,782
32,830,332 21,752,242
744,911 525,474 1,116,768
53,019,300 382,273
1,342,471
285,960 346,012
4,180,909

FRIDAY, JANUARY 14, 1994

141

Residential Services Contract with Clayton County
Board of Education for Autistic Children MH/MR/SA/ Administration Total

$

13,471,232

$

93,600

$

10,784,673

$ 638,536,808

13,471,232
93,600 6,506,050 429,112,842

Section 25. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade
and Tourism ............................................................I State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts.................................................! Advertising and Cooperative
Advertising...................................................................................! Georgia Ports Authority-
Authority Lease Rentals.............................................................! Foreign Currency Reserve..............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

16,718,694
8,135,852 1,401,008
290,000 22,000 61,800 102,452 914,597 217,629 635,836 139,100
4,487,723
1,445,000 69,297
17,922,294 16,718,694

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Trade Total

8,457,472 4,046,418 4,523,261
895,143 17,922,294

!

7,633,872

!

3,886,418

!

4,303,261

!

895,143

!

16,718,694

Section 26. Office of Commissioner of Insurance
Budget Unit: Office of Commissioner of Insurance.............................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,263,632
12,464,264 706,912 394,214 72,000 70,820 611,762 240,000 409,010 286,025 0
15,255,007 14,263,632

Office of Commissioner of Insurance Functional Budgets

Total Funds

State Funds

142

JOURNAL OF THE HOUSE,

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................................................... Equipment........................................... Real Estate Rentals........................... Per Diem, Fees and
Contracts (JTPA)........................... Per Diem, Fees and Contracts ......... Computer Charges.............................. Telecommunications .......................... Payments to State Treasury............. Capital Outlay .................................... Total Funds Budgeted....................... State Funds Budgeted.......................

6,082,059 65,485,271 5,121,799
1,060,000 470,064
2,184,981
69,282,639 2,938,892 8,650,000 1,133,232 1,774,079 4,270,000
162,370,957 6,082,059

Department of Labor Functional Budgets

Total Funds

State Funds

Administration Employment and Training
Programs 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................................................................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,257,126 8,472,186
478,000 110,000 28,640 412,920 60,000 161,935 114,312 140,000 9,977,993 9,257,126

Section 29. Department of Medical Assistance. A. Budget Unit: Medical Services.......................................................! Departmental Operations Budget:
Personal Services...................,.........................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Medicaid Benefits, Penalties

1,054,126,103
13,144,544 3,895,193
155,400 72,289 581,812 65,909,846 19,391,681 425,000

FRIDAY, JANUARY 14, 1994

and Disallowances..................................... Payments to Counties for Mental Health. Audit Contracts ............................................. Reserves for Medicaid Benefits .................. Total Funds Budgeted................................... State Funds Budgeted..................................

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office Community Services Systems Management Professional Services Program Compliance Maternal and Child Health Financial and Hospital
Reimbursement Nursing Home Reimbursement Nursing Home and Hospital Policy Benefits, Penalties and
Disallowances Total

64,211,129 920,051
21,008,405 3,911,751 4,105,894
454,804
1,502,715 599,591
7,633,925
2,953,633,446 $ 3,057,981,711

B. Budget Unit: Indigent Care Trust Fund.... Indigent Care Trust Fund Budget:
Benefits........................................................... Equipment...................................................... Per Diem, Fees and Contracts .................... Total Funds Budgeted.................................. State Funds Budgeted..................................

Section 30. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration......................
Personal Services........................................... Regular Operating Expenses....................... Travel .............................................................. Equipment...................................................... Real Estate Rentals...................................... Per Diem, Fees and Contracts.................... Computer Charges......................................... Telecommunications..................................... Health Insurance Claims
Payments.................................................... Total Funds Budgeted.................................. Other Agency Funds..................................... Agency Assessments...................................... Employee and Employer
Contributions ............................................. Deferred Compensation................................ State Funds Budgeted..................................

Merit System Functional Budgets

Total Funds

Applicant Services

2,548,053

143
2,845,729,138 50,530,241 772,500 57,374,067
3,057,981,711 1,054,126,103

State Funds

$

3,946,695

$

358,638

$

5,636,925

$

1,815,822

$

1,544,416

$

160,254

$

726,309

$

299,631

$

3,758,313

$ 1,035,879,100 $ 1,054,126,103
139,118,799

338,821,517 40,000
23,539,346 362,400,863 139,118,799

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
State Funds

144

JOURNAL OF THE HOUSE,

Classification and Compensation
Flexible Benefits Program Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total

1,269,456 1,323,619
1,340,624
31,829,272 820,970,637
3,050,863 1,669,568 864,002,092

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........................................................................................$ 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 .............................................................$ WMA Acquisition............................................................................$ Shop Stock - Parks.........................................................................$ User Fee Enhancements.................................................................$ Buoy Maintenance ..........................................................................$ Waterfowl Habitat ..........................................................................$ Paving at State Parks and Historic Sites................................................................................$
Grants: Land and Water Conservation......................................................$ Historic Preservation......................................................................$ Mclntosh County ............................................................................$
Contracts: Georgia Special Olympics ..............................................................$ Technical Assistance.......................................................................! Corps of Engineers (Cold Water Creek State Park)........................................................................$ Georgia Rural Water Association .................................................$ Georgia State Games Commission................................................$ U. S. Geological Survey for Ground Water Resources ...........................................................$ Hazardous Waste Trust Fund.......................................................$ Solid Waste Trust Fund ................................................................$ Payments to Georgia Agricultural Exposition Authority ..................................................................$ Georgia Boxing Commission..........................................................$ Total Funds Budgeted....................................................................!

71,101,963
63,473,390 12,190,998
438,800 1,798,081 2,694,960 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
234,330 50,000
50,000 106,513
170,047 80,000 130,725
300,000 4,300,000 3,000,000
2,333,254 5,000
107,823,807

FRIDAY, JANUARY 14, 1994

145

Receipts from Jekyll Island State Park Authority.....................
Receipts from Stone Mountain Memorial Association....................
Receipts from Lake Lanier Islands Development Association..............
Indirect DOAS Funding.................... State Funds Budgeted.......................

314,594
2,122,585
1,948,969 200,000
71,101,963

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Pollution Prevention Program Total

7,253,161
40,280,788 2,213,056 29,271,496 31,507,631 628,200
111,154,332

7,253,161
14,398,924 2,102,150 24,979,581 21,764,947
603,200 71,101,963

B. Budget Unit: Georgia Agricultural Exposition Authority..
Operations Budget: Personal Services................................. Regular Operating Expenses............. Travel.................................................... Motor Vehicle Purchases................... Equipment............................................ Real Estate Rentals............................ Per Diem, Fees and Contracts .......... Computer Charges............................... Telecommunications........................... Total Funds Budgeted........................ State Funds Budgeted........................

0
1,784,178 1,499,806
30,000 12,000 85,000
0 598,770 34,000 34,500 4,078,254
0

Authorities 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........................................................... Real Estate Rentals........................................... Per Diem, Fees and Contracts......................... Computer Charges.............................................. Telecommunications .......................................... State Patrol Posts Repairs
and Maintenance............................................ Capital Outlay....................................................

86,554,705
49,289,669 7,043,570
109,800 3,265,000
483,695 7,400
367,150 0
593,000
150,000 0

146

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................-...............! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! State Patrol Posts Repairs
and Maintenance.................................................................-.......! Capital Outlay.................................................................................! Conviction Reports .........................................................................$ Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

61,309,284 150,000
61,159,284
18,967,041 1,959,000
12,800 0
106,380 53,300 190,000 3,516,000 602,500
30,000 0
290,000 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........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Peace Officers Training Grants...........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Highway Safety Grants ..................................................................$

13,536,666
7,071,055 2,596,360
87,300 54,500 150,250 99,105 620,100 339,000 138,350
3,179,460 0
14,335,480 13,248,480
403,459 25,430 9,828
0 1,500 80,524 7,500 36,000 3,800 3,500,000

FRIDAY, JANUARY 14, 1994

147

Total Funds Budgeted.. State Funds Budgeted..

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 Center Total

$

4,068,041

$

5,201,255

$

1,051,451

$

1,135,035

$

453,133

$

6,494,606

$

18,403,521

$

288,186

5,201,255 986,451
1,035,035

453,133

5,572,606 13,536,666

Section 33. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System................
Departmental Operations Budget: Payments to Employees' Retirement System..................................... Employer Contributions................................ Total Funds Budgeted................................... State Funds Budgeted...................................

9,629,000
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. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................ Resident Instruction Budget: Personal Services:
Educ., Gen., and Dept. Svcs.......................... Sponsored Operations..................................... Operating Expenses:

888.583.093
977,858,500 120,000,000

148

JOURNAL OF THE HOUSE,

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....................................................................!

215,546,044 140,000,000
9,458,094
306,138 334,702 313,687 8,100,000 300,000 1,472,217,165 35,000,000 260,000,000 285,606,772 3,027,300 888,583,093

B. Budget Unit: Regents Central Office and Other Organized Activities....................................!
Regents Central Office and other Organized Activities Budget: Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs ..........................................................$ Sponsored Operations.....................................................................! Agricultural Research.....................................................................!
Advanced Technology Development Center...................................................................!
Mercer Medical School Grant...................................................,...!
Morehouse School of Medicine Grant............................................................................!
Capitation Contracts for Family Practice Residency.........................................................!
Residency Capitation Grants.........................................................! Student Preceptorships..................................................................!
Center for Rehabilitation Technology...................................................................................!
SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia
Military College...........................................................................!
CRT Inc. Contract at Georgia Tech Research Institute.......................................................................!
Direct Payment - GPTC ................................................................$ Capital Outlay...................,.............................................................! Total Funds Budgeted....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

144,780,706
240,503,812 68,545,719
123,253,873 42,869,254
1,906,476
1,550,621 5,947,000
4,706,000
2,700,999 2,412,495
146,403
2,154,439 4,274,550 1,124,488
600,000 200,000
870,370
206,780 7,464,339
50,000 511,487,618 113,196,449 252,954,763
555,700 144,780,706

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

FRIDAY, JANUARY 14, 1994

Marine Extension Service Skidaway Institute
of Oceanography Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Stations Cooperative Extension
Service Medical College of Georgia
Hospital and Clinics 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

$

50,938,982

$

43,618,512

$ 224,179,321

$

2,491,514

$

2,625,911

$

16,714,460

$

2,719,756

!

7,208,497

$

19.686,262

$ 511,487,618

C. Budget Unit: Georgia Public Telecommunications Commission ..............................................................$
Public Telecommunications Commission Budget: Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...................................................................................$ Capital Outlay - GPTV..................................................................$ Distant Learning - Satellite Dishes............................................................................................$ Technology Centers ........................................................................$ Vocational Computer Labs ............................................................$ Vocational Equipment....................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

Section 36. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees

149
1,206,159
1,399,854 877,831
12,097,852
2,075,031
32,640,329
25,960,155
29,206,928
2,491,514
474,622
16,714,460
0
51,524 19.584.447 144,780,706
0
6,722,818 8,591,661 15,314,479 15,314,479
0
22.561.512
17,700,000 2,021,512
400,000 200,000 240,000 2,000,000 22,561,512 22,561,512
79,781,390
53,437,611 4,420,138 1,368,174
37,800 873,551 2,628,155

150

JOURNAL OF THE HOUSE,

and Contracts............................... Computer Charges........................... Telecommunications ....................... County Tax Officials/Retirement
and FICA ...................................... Motor Vehicle Tags and Decals.... Postage.............................................. Total Funds Budgeted.................... Indirect DOAS Services Funding . Other Funds..................................... State Funds Budgeted....................

770,376 11,133,750
750,491
3,132,300 2,439,610 3,400.704 84,392,660 3,845,000
766,270
79,781,390

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

6,589,498 10,714,228 9,310,044 16,886,093 8,004,232 16,701,253 6,791,918 4,099,231 4,159,338
46,000 1,090.825 84,392,660

6,589,498 10,514,228
8,494,844
16,586,093 7,304,232 15,401,253 6,791,918 3,132,961 3,829,538
46,000 1,090.825 79,781,390

Section 37. Secretary of State. A. Budget Unit: Secretary of State-
Personal Services........................... Regular Operating Expenses.......
Motor Vehicle Purchases .
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .............,.........................................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

23.351.752 15,429,769 2,534,414
206,350 154,064 179,667 2,344,377 1,140,650 1,217,775 323,686 700.000 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 .........................................$

1,820.481

FRIDAY, JANUARY 14, 1994

151

Real Estate Commission Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................! Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................? Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications .......................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

1,093,946 162,600 16,000 11,000 16,850 113,700 132,750 247,455 26,180
1,820,481 1,820,481

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....................................................................?

1,849,742 952,911 176,755 45,000 35,556 12,000 7,850 59,000 17,520 661,150 418,000
2,385,742 1,849,742

Section 39. Georgia Student Finance Commission. A. Budget Unit: Georgia Student Finance
Commission..............................................................? Personal Services.............................................................................? Regular Operating Expenses .........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Payment of Interest and Fees.......................................................? Guaranteed Educational Loans.....................................................? Tuition Equalization Grants .........................................................? Student Incentive Grants...............................................................?
Law Enforcement Personnel Dependents' Grants....................................................................?
North Georgia College ROTC Grants...............................................................................?
Osteopathic Medical Loans ...........................................................? Georgia Military Scholarship Grants...........................................?
Paul Douglas Teacher Scholarship...................................................................................?
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

25,876,367 4,607,435
397,851 81,800
0 18,500 24,763 42,757 371,000 146,000
0 4,076,000 17,511,740 5,003,940
38,000
79,500 160,000 501,740
425,000 33,486,026 25,876,367

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

152

JOURNAL OF THE HOUSE,

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

5,178,917
0
27,837,920
511,189 33,528,026

B. Budget Unit: Lottery for Education..............................................$ Hope Financial Aid.............................,...........................................$ Tuition Equalization Grants .........................................................$ Total Funds Budgeted....................................................................I Lottery Funds Budgeted................................................................$

Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .....................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel........................................................................................,.......! Equipment. .......................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Cost-of-Living Increases for
Local Retirement System Members.........................................! Floor Fund for Local
Retirement Systems....................................................................! Post Retirement Benefit
Increases for Retirees..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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........................................................................................! Real Estate Rentals ..,.....................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges.................,.........................................................! Telecommunications.......................................................................! Personal Services-Institutions.......................................................! Operating Expenses-Institutions...................................................! Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................! Regents Program.............................................................................! Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................! Federal Funds..................................................................................! Other Funds.....................................................................................!

0
0
25,365,178
511,189 25,876,367
49,643,410 43,943,418 5,699,992 49,643,410 49,643,410
3,800,000
3,384,465 347,750 26,650 12,400 399,000 365,500
1,000,569 70,000
3,200,000
600,000
0 9,406,334 3,800,000
134,511,691 3,711,713 368,013 108,250 0 15,000 339,900 604,500 566,826 135,630 92,546,076 19,142,056 790,000 6,792,561 23,995,460 2,660,920 13,401.864
165,178,769 19,369,880 11,297,198

FRIDAY, JANUARY 14, 1994

153

State Funds Budgeted............................................................

134,511,691

Institutions Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,849,832 159,328,937 165,178,769

!

4,042,037

$ 130,469,654

$ 134,511,691

B. Budget Unit: Lottery for Education..............................................! Special Education Equipment.......................................................$ Distant Learning - Satellite Dishes............................................................................................$ Computer Hardware and Software...............................................$ Operating Expenses - Institutions................................................$ Area School Program......................................................................$ Adult Literacy Grants ....................................................................$ Capital Outlay - Computer Labs ..................................................$ Capital Outlay - Adult Literacy .........................................................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

25,481,000
200,000
320,000 937,000 14,000,000 2,000,000 2,000,000 2,544,000
3,480,000 25,481,000 25,481,000

Section 42. Department of Transportation. Budget Unit: Department of Transportation....................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Capital Outlay - Airport
Approach Aid and Operational Improvements........................................................! Capital Outlay - Airport Development................................................................................! Mass Transit Grants.................:.....................................................! Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations.............................................................................! Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction.............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

452,551,435 229,719,857 59,346,345
1,497,590 1,000,000 5,224,774 5,167,513 1,343,274 2,235,365 47,353,845 660,539,177
1,024,100
1,167,500 14,289,181
680,000
1,030,588,521 452,551,435

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration

744,103,775 231,941,331
9,600,000 22,469,481

193,592,346 220,741,331
9,000,000 21,889,481

154

JOURNAL OF THE HOUSE,

Total

$ 1,008,114,587

$ 445,223,158

General Funds Budget

Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities Total

$

1,519,316

$

20,274,618

$

680,000

$

22,473,934

$

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................................................................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Operating Expense/Payments to
Central State Hospital................................................................! Operating Expense/Payments to
Medical College of Georgia........................................................! Regular Operating Expenses
for Projects and Insurance.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

22.516,171 4,583,344
112,500 71,200 84,000 236,000 23,000 7,300 56,500
16,284,845
6,460,100
719,000 28,637,789 22,516,171

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

$

7,036,300

!

28,637,789

$

4,843,729

$

12,504,343

!

5,168,099

$

22,516,171

Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ...................................$
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Payments to State Treasury..........................................................! Georgia Crime Victims
Assistance Program.....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,758,103 6,916,982
309,620 62,000 9,200 938,619 272,500 314,073 125,000 1,000,000
0 9,947,994 9,758,103

Section 45. State of Georgia General Obligation Debt Sinking Fund.

FRIDAY, JANUARY 14, 1994

155

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) ............................................................$

381,397,683 54,700.000 436,097,683
4,834,080 0
4,834,080

Section 46. Provisions Relative to Section 3, Supreme Court. The appropri ations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.

Section 47. Provisions Relative to Section 4, Court of Appeals. The appro priations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 50. Provisions Relative to Section 7, Institute of Continuing Judicial 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.

156

JOURNAL OF THE HOUSE,

Section 52. Provisions Relative to Section 11, Department of Administrative 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 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 Education Department 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 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1993.
From the Appropriations in Section 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

FRIDAY, JANUARY 14, 1994

157

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 public high schools and eligible private 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.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
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 piling, publishing 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:

158

JOURNAL OF THE HOUSE,

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, that of the above Appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming 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 this 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.

FRIDAY, JANUARY 14, 1994

159

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, Department of Law. Pro vided, the department is authorized to use other funds for the use of upgrading computer systems.
Section 61. Provisions Relative to Section 298, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department of Medical Assistance is directed to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
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 SPY 1994 shall not exceed 12.5%.
It is the intent of this General Assembly that the employee 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 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to reve nues collected from a state parks parking pass implemented by the Department.
Section 64. Provisions Relative to Section 35, Regents, University System of Georgia. The Board of Regents is authorized to continue development of quality added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
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

160

JOURNAL OF THE HOUSE,

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 conversion of Macon Col lege to four-year college status. It is also the intent of this General Assembly that the Regents evaluate the necessity of creating additional off-campus and satellite programs and review the proliferation of existing off-campus and satellite programs.
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 65. Provisions Relative to Section 37, Office of Secretary of State. Provided, that of the funds appropriated for Occupational Certification, $75,000 is authorized for board member participation at conferences related to professional regula tion.
Section 66. 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 67. Provisions Relative to Section 42, Department of Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budget ary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sep arately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department-owned aircraft facilities may be retained for use in the department's aviation program.

FRIDAY, JANUARY 14, 1994

161

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 $485,000,0007 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 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 68. 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, Animal protection and Feed Division; there is hereby appropriated $9,120,000 for the purpose of providing operating funds for the State physical health labo ratories ($120,000 Budget Unit "A") and for State mental health/mental retardation insti tutions ($9,000,000 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 anticipated departmental annual remittances to the Fiscal Division of the Department of Administra tive Services from agency fund collections.
Section 69. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 70. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and 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 vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 71. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the 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.

162

JOURNAL OF THE HOUSE,

The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 72. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 73. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 74. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 75. 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 76. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1992 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Represen tatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.

FRIDAY, JANUARY 14, 1994

163

(b.) (1.) For purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Equipment, Computer Charges, Real Estate Rentals, Postage and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 77. 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 78. Provisions Relative to Section 45 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 44 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturi ties, user agencies and user authorities, purposes, maximum principal amounts and appro priations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $3,538,080 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 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 $36,855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,296,000 is specifically appropriated for the pur pose of financing 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of forty months.
Section 79. 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.

164

JOURNAL OF THE HOUSE,

Section 80. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994.....................................................................................$ 9,201,886,925 (Including $139,118,799 in the Indigent Care Trust Fund and $280,381,199 in Lottery Proceeds)
Section 81. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 82. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", approved April 28, 1993 (Ga. L. 1993, p. 1819), so as to change certain appropriations for the State Fiscal Year 1993-1994; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1993-1994, as amended, known as the "General Appropriations Act" approved April 28, 1993 (Ga. L. 1993, p. 1819), is further amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $8,712,500,000 (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....................................................................?

22.625.363 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

FRIDAY, JANUARY 14, 1994

165

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 legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards

166

JOURNAL OF THE HOUSE,

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....................................................................!

15,778,386 13,309,012
386,000 521,650 115,540 15,000 803,184 39,000 475,000 114,000 15,778,386 15,778,386

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,201,909 4,327,809 1,559,100 5,886,909 5,201,909

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,819,886 5,148,259
721,627 5,869,886 5,819,886

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....................................................................!

48,338,332 46,965,523
1,840,926 157,415 126,609
1,122,075 50,212,548 48,338,332

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!

911,803

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....................................................................!

647,450 650,750
137,700 788,450 647,450

Section 8. Judicial Council.

FRIDAY, JANUARY 14, 1994
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 ........................................................................$ 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....................................................................!

167
2,389,352 1,269,363
76,500 41,689
26,000
20,000
12,000
33,800 250,000
660.000 2,389,352 2,389,352
34.799.338 48,019,713 11,608,912
267,300 270,400 6,389,873 11,507,801 3,002,947 4,829,583 540,208 11,289,500 41,000
2,750,000
500,000
207,000 45,921,502
630,020 16,500,000
150,000
35.000 164,460,759 34,799,338

168

JOURNAL OF THE HOUSE,

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 Distance Learning and
Telemedicine Office of the Treasury Total

1,816,621 2,704,234 10,968,692
477,122 2,840,463
469,465 17,012,698 53,818,524 3,701,054 58,455,579 5,156,728 1,810,618
1,167,099 2,418,406
451,548
420,641 771,267 164,460,759

550,758 2,603,645 8,218,692
477,122 2,840,463
0 0 12,885,843 0 5,850,000 0 0 0 150,000 451,548
0 771,267 34,799,338

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 19,732,149 5,483,084
19,700 434,500 221,410 108,600
17,500 158,886 265,000
0 8,790,000
356,800 0
35,587,629 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,397,971

$

5,756,661

!

4,318,271

!

5,744,853

!

383,665

!

4,212,947

!

11,997,112

!

1,776,149

$

0

!

35,587,629

Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials......................................

105,478

FRIDAY, JANUARY 14, 1994

169

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....................................................................?

86,278 10,800 8,000
0 0 0 0 400 0 0 0 105,478 105,478

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .....................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Market Bulletin Postage................................................................? Payments to Athens and Tifton
Veterinary Laboratories.............................................................? Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, and Statesboro.............................................................................? Veterinary Fees................................................................................? Indemnities.......................................................................................? Advertising Contract.......................................................................? Payments to Georgia Agrirama Development Authority for Operations............................................................? Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.............................................................................? Capital Outlay.................................................................................? Contract - Federation of Southern Cooperatives.................................................................................? Boll Weevil Eradication Program.................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

33,934,417 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
599,546
700,000 0
40,000 60,000 45,446,176 33,934,417

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

5,304,280 6,934,275 1,711,995 3,224,431 3,442,900 2,038,416 2,954,042
7,872,585

4,998,280 6,678,275 1,659,995 3,099,431 3,053,400 2,038,416 2,820,642
4,973,042

170

JOURNAL OF THE HOUSE,

Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

3,932,620 5,014,258
659,578 2.356,796 45,446,176

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.............,..........................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Goods for Resale.............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted.........,..........................................................!

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance.............................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

Section 15. Department of Children and Youth Services.
Budget Unit: Department of Children and Youth Services.........................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................!
Institutional Repairs and Maintenance.................................................................................!
Grants to County-Owned Detention Centers.......................................................................!
Service Benefits for Children........................................................! Purchase of Service Contracts ....................................................,.! Capital Outlay .................................................................................$

1,337,482 1,392,658
0 1,882,796 33,934,417
0 762,957 180,568
8,764 23,000 23,324 4,779
0 7,116 7,572 97,000 107,800 1,222,880
0
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
84,344,207 58,928,593 4,276,500
724,800 271,480 312,695 486,431 1,313,800 673,600 1,972,800 1,979,900
1,161,600
2,686,400 10,832,508
182,400 365,000

FRIDAY, JANUARY 14, 1994

171

Total Funds Budgeted.. State Funds Budgeted..

86,168,507
84,344,207

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 Multi-Service Centers Total

21,370,769 9,159,988 7,846,318 4,453,998 4,708,877 14,490,688 3,054,827
923,200 835,331 11,948,518
913,656
447,415
5,894,922 120,000
86,168,507

20,641,369
8,790,288
7,508,018 4,292,198 4,483,777 14,490,688 3,054,827
923,200 835,331 11,948,518
913,656
447,415
5,894,922 120,000
84,344,207

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................................................................! 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

21,007,011 5,488,328
230,905 160,820
0 2,000 152,730 549,167 45,883 247,034
0
2,272,825 1,844,000
94,731
30,000,000 250,000
157,323
50,000 750,000
4,625,000
3,000,000

172

JOURNAL OF THE HOUSE,

Facilities Authority ................................. Regional Economic Business Assistance
Grants........................................................ Local Government Efficiency Grant
Program .................................................... State Commission on National and
Community Service ................................. Total Funds Budgeted................................ State Funds Budgeted................................

1,690,861
1,000,000
750,000
224.000 53,585,607 21,007,011

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

17,659,597 1,477,013 32,059,570 2,389,427 53,585,607

16,250,297 1,477,013 1,050,812 2,228,889 21,007,011

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...................................................................! 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....................................................................!

565,540.860 393,768,006 52,295,552
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 1,375,000 13,755,000 4,217,200
447,000 886,000
3,766,755
1,331,900
444,500 1,410,000 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

FRIDAY, JANUARY 14, 1994

173

Administration Institutions and Support Probation Total

66,575,252 405,088,727 98,293,176 569,957,155

?

66,072,642

$ 403,966,727

?

95,501,491

$ 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 29,988,895
1,162,084 691,100 168,000 164,860 470,772
2,543,400 813,500 272,500 757,000 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....................................................................?

4,111.508 6,896,883 4,281,541
21,960 13,000 23,000 14,100 4,740 54,108 565,900 519,000 12,394,232 4,111,508

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

1,575,411 4,476,647 6,342,174 12,394,232

1,406,863 506,931
2,197,714 4,111,508

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......................................................?

3,238.825.952
37,141,025 4,213,220 1,119,167
117,900 451,323 7,436,402 1,474,729 1,203,382 14,161,325

174

JOURNAL OF THE HOUSE,

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 PerformanceBased 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)..........................................!

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 87,006,632 596,369,241 128,898,307 (614,199,984) 78,705,327 20,576,794
142,801,545 3,609,604 21,059,624 51,005,135 56,677,209
416,000
186,500,970 4,950,000
39,176,572 2,047,671 36,434,888 136,568,755 24,332,066
1,500,000
6,996,178 2,766,212 17,741,249
3,991,103 2,702,000
0 0 248,270 0
10,645,182 5,007,912
911,019 4,025,581 22,934,480

FRIDAY, JANUARY 14, 1994

175

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 .......................................................................$ Advanced Placement Exams.........................................................! Tuition/Postsecondary Options ....................................................! Family Connection Grants.............................................................! Youth Apprenticeship Grants.......................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

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 14,015,520 1,000,000
65,000 1,012,000
0 1,325,000
280,272 3,697,579,028
340,000 3,238,825,952

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

4,075,184 20,546,899
1,161,942 19,222,638 6,485,228
848,847 3,629,467,675
4,668,237 6,413,189
4,689,189 3,697,579,028

3,782,008 15,545,976 1,050,740 14,718,904 3,068,292
848,847 3,184,904,375
4,479,236 6,221,902
4,205,672 3,238,825,952

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..................................................! Safe Schools Grant..........................................................................! Media Center and Library Equipment........................................! Model Technology Schools ............................................................$ Learning Logic Sites.......................................................................!

155,276,898 37,100,000
32,087,500 1,000,000 12,304,078 1,585,221 1,236,400 20,100,000 37,397,500 9,764,199
924,000

176

JOURNAL OF THE HOUSE,

Algebra Classrooms ................................................ Drug and Anti-Violence Education..................... Total Funds Budgeted........................................... Lottery Funds Budgeted.......................................

753,000 1,025,000 155,276,898 155,276,898

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 27,981,977 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 38,304,663 33,596,709

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

1,751,234

$

32,475,986

4,077,443 38,304,663

!

12,157

!

29,675,264

!

3,909,288

!

33,596,709

Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation...........
Personal Services............ ............................................ Regular Operating Expenses ....................................
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................!

37,452,988 28,334,052 2,356,685
476,600 556,160 546,870 1,447,900 1,868,817 736,060

FRIDAY, JANUARY 14, 1994

177

Per Diem, Fees and Contracts. Evidence Purchased................... Capital Outlay............................ Total Funds Budgeted............... Total State Funds Budgeted....

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................................................................! Grants - Local EMA.......................................................................$ Grants - Other .................................................................................$ Grants - Civil Air Patrol................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

28,514,511 13,528,027
887,342 281,946 15,000 119,531 637,225 1,017,399 308,294 26,323,753 3,061,629 40,000 6,429,000 160,000 2,807,357 511,515 42,800
0 290,975 1,144,625
100,000 432,000 1,044,200
0 60,000 59,242,618 28,514,511

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

9,690,629
876,391
5,765,800 4,065,036 2,259,010 24,824,776

9,690,629
770,760
5,765,800 3,217,767 2,259,010
304,327

178

JOURNAL OF THE HOUSE,

Vocational Education Advisory Council
Office of Consumers' Utility Council
Criminal Justice Coordinating Council
Children and Youth Coordinating Council
Human Relations Commission Professional Standards
Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

$

362,389

$

529,821

$

1,567,702

$

1,755,140

$

267,131

$

3,325,260

$

3,691,108

$

262,425

$

59,242,618

$

94,963

$

529,821

$

485,008

$

499,318

$

267,131

$

3,325,260

$

1,042,292

$

262,425

$

28,514,511

Section 24. Department of Human Resources. ..$
1. General Administration and Support Budget: .$
.$
Travel............................................................................................... .$ .$
.$ Real Estate Rentals ....................................................................... .$
.$
.$ Telecommunications ...................................................................... .$
.$
.$
..$ Institutional Repairs and Maintenance........................................$
,.$
.$ Total Funds Budgeted................................................................... .$ Indirect DOAS Services Funding ................................................,.$ State Funds Budgeted.....................................................................$

607,245,361
52,136,377 1,917,673 1,280,117 1,279,129
159,332 4,666,670
757,614 1,049,574
650,171 244,000 29,079,065 30,989,953 62,500 942,145 13,054,342 138,268,662 412,600 83,248,154

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

$

893,953

$

2,005,103

$

29,079,065

$

23,584,389

$

5,290,692

$

1,907,282

$

622,716

$

2,690,000

$

8,451,757

$

5,873,156

$

5,304,949

$

893,953

$

2,005,103

$

23,163,642

$

22,289,442

$

4,271,227

$

1,907,282

$

612,716

$

2,690,000

$

2,102,133

$

799,017

$

5,104,949

FRIDAY, JANUARY 14, 1994

179

Auditing Services

$

1,727,862

$

Personnel Administration

$

1,669,404

$

Indirect Cost

$

0

$

Public Affairs

$

452,189

$

Aging Services

$

47,188,328

$

State Health Planning

Agency

$

1,527,817

$

Total

$ 138,268,662

$

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....................................................................!

1,727,862 1,669,404 (9,298,913)
452,189 21,410,331
1,447,817 83,248,154
50,462,846 71,741,494
940,217 14,700 119,964
1,085,055 4,981,387
673,897 728,910 7,933,321 308,000 3,200,000
960,000 646,222 656,000 663,609 11,346,416 87,099,623
32,100 138,672
747,761 244,480,194
549,718 128,625,602

Public Health Functional Budgets

Total Funds

State Funds

District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health

11,184,858 1,146,969 1,387,074
1,973,316
3,889,733
5,375,597
2,712,000 7,631,237 74,084,950 50,928,839 12,906,997 2,897,420

11,055,183 901,440
1,176,899
1,443,316
3,493,431
5,263,597
308,272 4,447,839
0 50,098,839 7,424,722
1,840,872

180

JOURNAL OF THE HOUSE,

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 Early Intervention Public Health -
Division Indirect Cost
Total

$

1,769,046

$

604,096

$

886,222

$

5,532,904

$

998,123

$

1,340,674

$

1,893,655

$

1,040,461

$

496,464

$

4,219,458

$

826,235

$

288,392

$

1,582,437

$

1,778,517

$

1,010,769

$

934,028

$

5,148,151

$

3,479,533

$

544,767

$

7,522,571

$

11,237,625

$

3,066,690

$

2,916,824

$

172,566

$

9,070,996

$

0

$ 244,480,194

$

1,409,035

$

441,796

$

0

$

5,001,208

$

674,510

$

484,680

$

774,438

$

1,040,461

$

496,464

$

4,219,458

$

629,010

$

288,392

$

1,448,836

$

1,561,221

$

787,951

$

757,935

$

5,028,151

$

1,293,370

$

365,318

$

3,507,852

$

498,834

$

2,367,088

$

1,862,724

$

155,251

$

6,980,047

$

(902,838)

$ 128,625,602

3. Rehabilitation Services Budget:

Pgrsonfll Services

......................................$

......................................$

Travel.......................................................... ......................................$

Motor Vehicle Purch&ses

......................................$

......................................$

Real Estate Rentals .................................. ......................................$

Per Diem, Fees and Contracts ................

Computer Charges...... ............................... ......................................$

......................................$

......................................$

E.S.R.P. Case Services.............................. ......................................$

......................................$

......................................$

Institutional Repairs and Maintenance .

Utilities ....................................................... ......................................$

......................................$

Total Funds Budgeted.............................. ......................................$

Indirect DOAS Services Funding ........... ......................................$

State Funds Budgeted

.................................. ....$

66,313,300 11,161,446
832,419 58,090 536,650 3,941,330 7,617,222 1,776,686 1,474,049 23,864,781 27,000 675,500 8,785,767 204,550 903,615 757,502 128,929,907 100,000 21,496,200

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living

$

42,476,278

$

654,036

$

8,962,555

$

435,751

FRIDAY, JANUARY 14, 1994

181

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

1,665,376 7,928,747
7,139,556
1,032,121
3,216,353 684,795
31,224,471
12,009,161
20.899,013 128,929,907

801,402 3,076,651
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 .................................................$ State Funds Budgeted....................................................................!

39,999,257 3,486,022
693,773 0
401,834 2,335,235 12,776,471 24,716,192 4,104,182 1,049,584 464,846,583 3,891,738 149,277,422 16,638,657 3,387,972
245.814.141 973,419,063
2,565,582 373,875,405

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 -

!

392,892

!

3,824,334

!

5,678,165

!

3,598,230

!

11,652,203

$

1,190,322

!

1,894,341

!

27,380,743

$

44,182,442

! 449,934,523

!

100

$

2,799,421

!

12,966,539

$ 100,011,024

!

392,892

!

3,446,150

!

4,488,492

!

3,598,230

!

976,682

!

1,190,322

!

1,721,525

!

11,881,702

!

1,546,509

! 169,310,220

!

100

!

0

!

0

!

49,857,397

182

JOURNAL OF THE HOUSE,

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 Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

74,252,360 2,907,954
7,438,487
55,068,889
9,043,381 20,975,278 2,884,770 31,797,658 6,152,820 2,261,063 6,903,437 5,968,139 79,617,904
144,817 1,281,316
1,215,511 0
973,419,063

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...................................................................?

27,650,651 0
2,007,560
26,061,868
3,393,534 8,519,151 2,262,574 20,727,528 4,690,725 2,117,072 5,373,591 3,732,335 23,669,455
144,817 1,257,407
1,215,511 ( 7,358,595)
373,875,405
208,911,780 88,306,635 3,746,526 1,351,919
1,217,780 12,028,290 26,132,694 28,216,349 6,957,312 7,933,321
308,000 3,200,000
960,000 646,222 23,864,781 27,000 656,000 1,049,584 464,846,583 5,474,847 178,356,487 67,760,793 87,099,623 299,150 903,615 5,226,291 13,054,342
747,761
245,814,141

FRIDAY, JANUARY 14, 1994

183

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.............................................................................................! 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....................................................................!

429,112,842 349,144,797 37,721,253
307,883 472,300 1,792,761 4,542,036 252,637 2,370,833 8,765,793 11,745,300 1,722,000 47,031,391
88,375,838 26,217,774
57,780,094 294,118
638,536,808 2,404,100
429,112,842

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

45,313,525 31,870,738 33,177,775 25,115,953 29,120,564 31,250,865 140,211,629 25,704,298 48,563,451 23,948,581 3,558,236 10,485,040 3,944,924 69,180,134 25,871,762
744,911

!

25,099,622

!

13,659,638

$

26,175,994

!

20,565,950

!

20,461,660

$

23,518,502

!

84,594,931

!

19,354,776

!

23,995,951

!

19,093,912

!

2,677,959

$

10,375,631

!

2,940,782

!

32,860,876

!

21,752,242

!

744,911

184

JOURNAL OF THE HOUSE,

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

525,474 1,116,768
57,780,094 382,273
1,537,971
285,960 346,012
4,180,909
13,440,688
93,600 10.784.673 638,536,808

525,474 1,116,768
53,019,300 382,273
1,342,471
285,960 346,012
4,180,909
13,440,688
93,600 6.506.050 429,112,842

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..............................................................$ Southern Center for International
Studies...........................................................................................$ Waterway Development in Georgia..............................................$ Lanier Regional Watershed Commission.....................................I Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

16,758.694 8,135,852 1,401,008
290,000 22,000 61,800 102,452 914,597 217,629 650,836 139,100 4,487,723 1,445,000 69,297
25,000 0 0 0
17,962,294 16,758,694

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

!

8,457,472

$

4,061,418

$

895,143

!

4,548.261

!

17,962,294

$

7,633,872

!

3,901,418

!

895,143

!

4,328,261

!

16,758,694

Section 26. Department of Insurance. Budget Unit: Department of Insurance ........
Personal Services......................................... Regular Operating Expenses..................... Travel............................................................

14.263.632 12,464,264
706,912 394,214

FRIDAY, JANUARY 14, 1994

185

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....................................................................!

72,000 88,320 409,010 594,262 286,025 240,000
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..................................................................................! Payments to State Treasury..........................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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 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.......................................................................!

9,257,126 8,472,186
478,000 110,000
0 28,640 161,935 412,920 114,312

186

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

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....................................................................$

1,054,126,103 13,144,544 3,895,193 155,400 0 72,289 19,391,681 581,812 425,000 65,909,846
2,845,729,138
50,530,241 772,500
57,374.067 3,057,981,711 1,054,126,103

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

64,211,129

$

Benefits, Penalties

and Disallowances

$ 2,953,633,446

$

Community Services Systems Management

$

920,051

$

$

21,008,405

$

Professional Services

$

3,911,751

$

Program Compliance

$

4,105,894

$

Financial and Hospital

Reimbursement

$

1,502,715

$

Maternal and Child Health

$

454,804

$

Nursing Home Reimbursement

$

599,591

$

Nursing Home and Hospital

Policy

$

7,633,925

$

Total

$ 3,057,981,711

$

B. Budget Unit: Indigent Trust Fund................................................$ Equipment........................................................................................?

Per Diem, Fees and Contracts ......................................................$ Benefits.............................................................................................$

Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

3,946,695
1,035,879,100 358,638
5,636,925 1,815,822 1,544,416
726,309 160,254 299,631
3,758.313 1,054,126,103
139,118.799 40,000
23,539,346 338,821,517 362,400,863 139,118,799

Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Equipment........................................................................................? Real Estate Rents ...........................................................................$

0 8,524,141 1,683,552
82,440 37,818 908,271

FRIDAY, JANUARY 14, 1994

187

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......................................................................................$

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........................................................................................! 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................................................................!

71.736,963
63,473,390
12,190,998
438,800
1,798,081 2,694,960 2,312,141 2,473,221
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

188

JOURNAL OF THE HOUSE,

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 Mclntosh County.....................................................$ 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 ..............................................................$ Receipts from North Georgia
Mountain Authority....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

234,330 500,000
50,000 106,513
170,047 80,000 130,725
300,000
0 4,300,000 3,000,000
50,000
2,333,254 5,000
108,458,807
514,350
2,708,177
3,362,900
492,127 200,000 71,736,963

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

$

6,498,800

37,729,099 2,228,832 29,451,447 31,922,429
628.200 108,458,807

6,498,800
15,177,760 2,117,926 25,159,532 22,179,745
603.200 71,736,963

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases..............................,................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 1,784,178 1,499,806
30,000 12,000 85,000
34,000
0
34,500
598,770 0
4,078,254 0

FRIDAY, JANUARY 14, 1994

189

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

4,078,254

0

Section 32. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................! 1. Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs
and Maintenance.........................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ 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....................................................................!

86,554,705
52,115,047 7,182,070
117,800 3,265,000
483,695 3,516,000
7,400 908,000 367,150
150,000 0
68,112,162 1,650,000 66,462,162
16,141,663 1,820,500
4,800 0
106,380 0
53,300 287,500 190,000
0 290,000
30,000 1,168,400 20,092,543
0 20,092,543

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

18,757,970 20,092,543 49.354.192 88,204,705

17,257,970 20,092,543 49,204,192 86,554,705

B. Budget Unit: Units Attached for Administrative Purposes Only ...................................
1. Attached Units Budget: Personal Services....................................................... Regular Operating Expenses ................................... Travel..........................................................................

13.576,666
7,071,055 2,596,360
87,300

190

JOURNAL OF THE HOUSE,

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....................................................................!

54,500 150,250 339,000 99,105 138,350 620,100 3,219,460
0 14,375,480 13,288,480
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 Total

!

4,068,041

$

5,241,255

$

1,051,451

$

1,135,035

!

453,133

$

6.494.606

!

18,443,521

$

288,186

$

5,241,255

$

986,451

$

1,035,035

!

453,133

$

5.572,606

$

13,576,666

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...........................................................................! Peal Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$

8.446,162 6,470,845
457,828 200,050 158,400 78,412 439,090 344,154 118,787 2.099,000

FRIDAY, JANUARY 14, 1994

191

Total Funds Budgeted.. State Funds Budgeted..

10,366,566 8,446,162

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,734,016

$

3,229,158

$

5,403,392

$

10,366,566

1,734,016 1,478,654 5,233.492 8,446,162

Section 35. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Personal Services:
Bduc., 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....................................................................!

888,583,093
977,858,500 120,000,000
215,738,044 140,000,000
9,458,094 306,138 334,702 313,687
8,100,000 300,000
1,472,409,165 35,000,000 260,000,000 285,798,772 3,027,300 888,583,093

B. Budget Unit: Regents Central Office and Other Organized Activities....................................!
Personal Services: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research...................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...............................! Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Mercer Medical School Grant.......................................................! Morehouse School of Medicine Grant .........................................$ Capital Outlay.................................................................................! Center for Rehabilitation Technology.........................................! SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia

146,240,706
240,503,812 68,545,719
123,313,873 42,869,254
0 1,906,476 1,550,621
2,412,495 2,700,999
146,403 5,947,000 4,706,000
50,000 2,154,439 5,674,550 1,124,488
600,000 200,000

192

JOURNAL OF THE HOUSE,

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....................................................................?

870,370
206,780
7,464,339 512,947,618
0 113,196,449 252,954,763
555,700 146,240,706

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 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 16,724,460
2,719,756 7,208,497 21,086,262 512,947,618

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 16,724,460
0 51,524 20,984,447 146,240,706

C. Budget Unit: Georgia Public Telecommunications Commission..........................................
Personal Services.......................................................... Operating Expenses..................................................... Total Funds Budgeted................................................. Other Funds.................................................................. State Funds Budgeted.................................................

0 6,797,618 8,990,343 15,787,961 15,787,961
0

D. Budget Unit: Lottery for Education ............. Equipment, Technology and Construction Trust Fund................................................... Capital Outlay - GPTV.................................. Distant Learning - Satellite Dishes..............

22,799,512
17,700,000 2,021,512
400,000

FRIDAY, JANUARY 14, 1994

193

Research Consortium - Equipment ..............................................$ Equipment - Vocational Instruction ............................................$ Computer Labs - Vocational Instruction.....................................$ Educational Technology Centers..................................................! Equipment - GMC ..........................................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................!

0 2,000,000
240,000 200,000 238,000 22,799,512 22,799,512

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
and FICA......................................................................................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

79,781,390 53,437,611 4,420,138 1,368,174
37,800 873,551 11,133,750 2,628,155 750,491 770,376
3,132,300 0
2,439,610 3,400,704 84,392,660 3,845,000 79,781,390

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

6,627,279 10,411,609 8,624,303 16,311,515 7,242,075 17,295,515 6,900,939 4,056,399 3,930,440
46,000 2,946,586 84,392,660

6,627,279 10,211,609 7,809,103 16,011,515 6,542,075 15,995,515 6,900,939 3,090,129 3,600,640
46,000 2,946,586 79,781,390

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....................................................................!

23,365,252 15,429,769 2,537,914
216,350 154,064 179,667 1,217,775 2,344,377 323,686 1,140,650 700,000 24,244,252 23,365,252

194

JOURNAL OF THE HOUSE,

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

3,288,085 4,366,936
4,567,374
1,592,072 972,111 291,164
9.166,510 24,244,252

3,258,085 4,291,936
3,967,374
1,572,072 918,111 291,164
9,066.510 23,365,252

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

Real Estate Commission

State Funds

$

1,820,481

Cost of

Operations

!

1,860,481

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....................................................................!

1,849.742 967,302 176,755 45,000 35,556 12,000 7,850 59,000 17,520 837,150 424,000
2,582,133 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.......................................................................!

26,426.367 4,719,120
397,851 81,800
0 18,500 371,000 24,763 146,000

FRIDAY, JANUARY 14, 1994

195

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....................................................................!

42,757 0
4,076,000 18,061,740 5,003,940
38,000 79,500 160,000 543,740
425,000 34,189,711 26,426,367

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

5,290,602

0

28,387,920

511,189

$

34,189,711

0
0
25,915,178
511,189 26,426,367

B. Budget Unit: Lottery for Education..............................................! Hope Financial Aid.........................................................................! Tuition Equalization Grants.........................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

47.823.789 42,123,797
5,699,992 47,823,789 47,823,789

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 3,487,893
347,750 26,650
0 12,400 1,000,569 451,185 70,000 365,500 3,200,000
600.000 9,561,947
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 ...............................................................$

134,636.691 3,711,713 368,013 108,250 0

196

JOURNAL OF THE HOUSE,

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....................................................................!

15,000 566,826 339,900 135,630 604,500 92,546,076 19,142,056 915,000 6,792,561 23,995,460 2,660,920 13,401,864 165,303,769 134,636,691

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

5,849,832

$ 159.453.937

$ 165,303,769

$

4,042,037

$ 130.594.654

$ 134,636,691

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....................................................! Equipment - State Schools............................................................! Equipment - Area Schools.............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

25.981.000 200,000 439,000
2,818,000 2,544,000 3,480,000 14,500,000 2,000,000 25,981,000 25,981,000

Section 42. Department of Transportation. Budget Unit: Department of Transportation....................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay.................................................................................! Capital Outlay - Airport Approach Aid
and Operational Improvements.................................................! Capital Outlay - Airport Development............,...........................! Mass Transit Grants.......................................................................! Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................! Spoilage Area Acquisition, Clearing,
Preparation and Dike Reconstruction......................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

452.551,435 229,719,857 59,346,345
1,497,590 1,000,000 5,224,774 5,167,513 1,343,274 2,235,365 47,353,845 660,539,177
1,024,100 1,167,500 14,289,181
680,000
0 1,030,588,521
452,551,435

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

FRIDAY, JANUARY 14, 1994

197

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 744,103,775

$ 231,941,331

$

9,600,000

$

22.469,481

$ $1,008,114,587

$ 193,592,346

$ 220,741,331

$

9,000,000

$

21,889.481

$ 445,223,158

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 1,519,316

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 ....................................
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....................................................................!

22,516.171 4,583,344
112,500 71,200
0 84,000 7,300 236,000 56,500 23,000
16,284,845
6,460,100
719,000 28,637,789 22,516,171

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
7.036,300 28,637,789

$

4,843,729

$

12,504,343

$

5,168.099

$

22,516,171

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.................................

9,758,103 6,916,982
309,620 62,000
0 9,200 314,073 938,619 125,000 272,500 1,000.000

198

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

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) ............................................................$

379,518,221 54,700,000 434,218,221
4,834,080 0
4,834,080

Section 46. Provisions Relative to Section 3, Supreme Court. The appropri ations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.

Section 47. Provisions Relative to Section 4, Court of Appeals The appro priations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve
nile Court Judges created by Code Section 15-11-4.

Section 50. Provisions Relative to Section 7, Institute of Continuing Judicial 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.

FRIDAY, JANUARY 14, 1994

199

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 Administrative 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 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 1994.
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

200

JOURNAL OF THE HOUSE,

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.
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 of Planning 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.

FRIDAY, JANUARY 14, 1994

201

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

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, 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 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

202

JOURNAL OF THE HOUSE,

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.
The Department is authorized to use existing funds to provide partial funding to con tract for the replacement of the PARIS system.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 30 mentally retarded clients from hospitals to community residential settings.
Section 60. Provisions Relative to Section 28, Law Department. Provided, the department is authorized to use other funds for the use of upgrading computer sys tems.
Section 61. Provisions Relative to Section 29, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
Section 62. Provisions Relative to Section 30, Merit System of Personnel Administration. The Department is authorized to assess no more than $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 ,he 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 Divi.sion for the most critical needs of the Division. This provision shall not apply to revenue- collected from a state parks parking pass implemented by the Department.

FRIDAY, JANUARY 14, 1994

203

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, University System of Georgia The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
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.
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 Transportation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary

204

JOURNAL OF THE HOUSE,

authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 42 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
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 maxi mum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $499,923,158 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 c'epartmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.

FRIDAY, JANUARY 14, 1994

205

Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 72. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and costeffective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 73. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
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

206

JOURNAL OF THE HOUSE,

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 1994 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 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

FRIDAY, JANUARY 14, 1994

207

"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), $3,538,080 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 $36,855,000 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), $1,296,000 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 82. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994.....................................................................................$ 9,201,886,925
Section 83. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 84. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed."

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1296, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1296 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Crews of the 78th, et al. move to amend the Committee substitute to HB 1296 by removing from the State funds budgeted for the Dept. of Human Resources Public Health Budget Activity in Section 24 relating to State Fiscal Year 1994 the figure $171,438 and by decreasing object classes as listed below:

Object Classes

Purchase of Service Contracts

$ (171,438)

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

208

JOURNAL OF THE HOUSE,

N Ashe Y Atkins
Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnes N Bates
Benefield N Birdsong N Bordeaux
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 Y 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 Y Cummings N Davis, G Y Davis, M N Dickinson YDix N Dixon, H
Dixon, S E Dobbs Y Ehrhart N Epps Y Evans N Felton N Floyd, J.M
Floyd, J.W
N Godbee Golden
Y 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 Y Hughes N Hugley N Irvin N James
Jamieson Y Jenkins N Johnson, D.H E Johnson, E Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly NLane, D
N Lane, R Y Lawrence N Lawson
Lee Y Lewis NLord N Lucas
Y Maddox YMann N Martin N McBee N McClinton
McKinney Milam Y Mills

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

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

On the adoption of the amendment, the ayes were 55, nays 97. The amendment was lost.

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.

Representative Kaye of the 37th moved that the House reconsider its action in failing to adopt the Crews amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Atkins Y Bailey N Baker Y Bannister N Barfoot N Bargeron
N Barnes N Bates Y Benefield N Birdsong N Bordeaux
Bostick Y Breedlove N Brooks, D N Brooks, T
N Brown NBuck N Buckner Y Bunn Y Burkhalter YByrd Y Campbell

N Canty N Carlisle N Carrell
Carter
N Cauthorn N Chambless N Chandler N Channell Y Childers Y Clark
Y Coker Y Coleman, B N Coleman, T
N Colwell N Connell NCox N Crawford Y Crews N Culbreth
Cummings
N Davis, G Davis, M
N Dickinson

YDix N Dixon, H
Dixon, S
E Dobbs Ehrhart
NEpps Y Evans
Felton N Floyd, J.M
Floyd, J.W N Godbee
Golden Y 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 Irvin
N James Jamieson
Y Jenkins Y Johnson, D.H E Johnson, E
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 N Lawson
Lee Y Lewis NLord
N Lucas Y Maddox
Mann N Martin N McBee N McClinton
McKinney Y Milam Y Mills N Mobley, B N Mobley, J Y Moore
N Mosley Y Mueller N Oliver Y O'Neal

FRIDAY, JANUARY 14, 1994

209

Orrock Padgett N Parham N Parrish
Patten N Pelote N Perry
Y Pinholster YPoag N Polak N Porter N Poston N Powell

N Purcell, A Y Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp

N Simpson N Sinkfield N Skipper N Smith, C N Smith, L N Smith, P Y Smith, T Y Smith, V
Smith, W N Smyre NSnow
Stancil, F Y Stancil, S

On the motion, the ayes were 50, nays 100. The motion was lost. The following amendment was read:

N Stanley, L N Stanley, P
Stephenson Streat N Taylor Teague N Teper Thomas N Tillman Y Titus Y Towery Y Trense Turnquest

Twiggs E Vaughan N Walker Y Wall
N Watson Watts
N Westmorland N White Y Williams, B Y Williams, R YYates N Yeargin
Murphy, Spkr

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1296 as follows:
By adding on page 58 in Section 56 between line 6 & 7 the following
"provided however any sum not expended or obligated as authorized by that part of this Act appearing on page 17 line 24 as of 1/14/94 is hereby deleted".

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 N Brooks, D N Brooks, T N Brown NBuck
N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell
N Carter N Cauthorn N Chambless N Chandler N Channel! N Childers Y Clark Y Coker
N Coleman, B N Coleman, T

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

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

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

On the adoption of the amendment, the ayes were 20, nays 140. The amendment was lost.

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

210

JOURNAL OF THE HOUSE,

Due to a mechanical malfunction, the vote of Representative Yates of the 106th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:
Representative Lakly of the 105th moves to amend the Committee substitute to HB 1296 as follows:
Page 24 line 32 transfer $171,438 to infant and child health page 25 line 8.
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 N Brooks, D N Brooks, T N Brown N Buck
N Buckner Y Bunn
Y Burkhalter YByrd
Y Campbell N Canty N Carlisle
N Carrell N 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 N Davis, G Y Davis, M N Dickinson YDix N Dixon, H N Dixon, S
E Dobbs Y Ehrhart N Epps Y Evans N Felton N Floyd, J.M
Floyd, J.W N Godbee
Golden N Goodwin
N Greene N Groover N Hammond N Hanner N Harris, B N Harris, M NHart N Heard N Hegstrom Y Hembree N Henson
N Holland N Holmes

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

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

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

On the adoption of the amendment, the ayes were 34, nays 128. The amendment was lost.

The following amendment was read:

Representative Hembree of the 98th moves to amend the Committee substitute to HB 1296 as follows:
Pg. 25 line 22 Aids Testing remove $2,000,000.

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

N Ashe
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

FRIDAY, JANUARY 14, 1994

Brooks, T
N Brown
NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell
N Canty N Carlisle N Carrell N Carter
N Cauthorn
N Chambless N Chandler N Channell
Childers N Clark N Coker N Coleman, B N Coleman, T N Colwell N Connell NCox
N Crawford Crews
N Culbreth N Cummings N Davis, O Y Davis, M N Dickinson Y Dix N Dixon, H

N Dixon. S E Dobbs Y Ehrhart
N Epps Evans
N Felton N Floyd, J.M
Floyd, J.W N Godbee
Golden Y Goodwin N Greene N Groover N Hammond
Hanner N Harris, B N Harris, M NHart N Heard N Hegstrom
Y Hembree Henson
N Holland N Holmes N Howard N Hudson N Hughes
N Hugley N Irvin
N James Jamieson
N Jenkins N Johnson, D.H

E Johnson, E
Johnson, G N Johnson, J
N Johnston N Jones Y Joyce NKaye N Kinnamon
N Klein N Ladd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis
NLord N Lucas Y Maddox N Mann N Martin N McBee N McClinton
McKinney
N Milam N Mills N Mobley, B N Mobley, J N Moore N Mosley N Mueller N Oliver

N O'Neal N Orrock
Padgett N Parham N Parrish
Patten N Pelote N Perry
N Pinholster NPoag N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall
N Randolph
NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, L N Smith, P

On the adoption of the amendment, the ayes were 12, nays 142. The amendment was lost.

211
Smith, T Y Smith, V
Smith, W Smyre N Snow N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson Streat N Taylor Teague N Teper N Thomas N Tillman N Titus N Towery N Trense Turnquest Twiggs E Vaughan N Walker N Wall N Watson Watts Y Westmoreland N White N Williams, B N Williams, R Y Yates N Yeargin Murphy, Spkr

The following amendment was read:
Representative Hembree of the 98th moves to amend the Committee substitute to HB 1296 as follows:
Pg. 21 line 31 Council for the Arts remove $500,000.

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

N Ashe 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 Brooks, T
N Brown NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty

Carlisle
N Carrell N Carter N Cauthorn
N Chambless N Chandler N Channell
N Childers Y Clark Y Coker N Coleman, B
Coleman, T
N Colwell N Connell N Cox N Crawford
Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson Y Dix
N Dixon, H

N Dixon, S
E Dobbs
Y Ehrhart
N Epps Y Evans
Felton N Floyd, J.M
Floyd, J.W N Godbee
Golden Y Goodwin
N Greene N Groover N Hammond N Hanner N Harris, B N Harris, M
NHart N Heard N Hegstrom
Y Hembree Henson
N Holland N Holmes

N Howard N Hudson N Hughes N Hugley N Irvin N James
Jamieson N Jenkins
Johnson, D.H
E Johnson, E Johnson, G
N Johnson, J N Johnston N Jones Y Joyce YKaye
N Kinnamon Y Klein
NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson

NLee N Lewis N Lord N Lucas Y Maddox N Mann N Martin
N McBee N McClinton
McKinney N Milam Y Mills N Mobley, B N Mobley, J N Moore N Mosley N Mueller N Oliver N O'Neal
Orrock
Padgett N Parham N Parrish
Patten

212

JOURNAL OF THE HOUSE,

N Pelote N Perry N Pinholster NPoag NPolak N Porter N Poston N Powell N Purcell, A
N Purcell, B N Randall
N Randolph

NRay N Reaves N Reichert N Roberts N Royal
Y Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield N Skipper

N Smith, C N Smith, L N Smith, P
Smith, T Y Smith, V
Smith, W Smyre NSnow N Stancil, F
N Stancil, S N Stanley, L N Stanley, P

N Stephenson Streat
N Taylor Teague
N Teper N Thomas N Tillman
N Titus Towery
N Trense Turnquest Twiggs

On the adoption of the amendment, the ayes were 18, nays 133. The amendment was lost.

E Vaughan N Walker N Wall N Watson
N Watts Y Westmorland N White N Williams, B N Williams, R
Yates N Yeargin
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Yates of the 106th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and ruled out of order:

Representative Hembree of the 98th moves to amend the Committee substitute to HB 1296 as follows:
Pg. 24 line 32 Family Planning remove $4,447,839.

The following amendment was read:

Representative Smith of the 102nd moves to amend the Committee substitute to HB 1296 as follows:
By adding on Page 62 Section 63 between lines 32 and 33 the following:
"provided however any sum not expended or obligated as authorized by that part of this act appearing on page 36 line 21 as of Jan. 14, 1994 is hereby deleted."

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

N Ashe 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 Y Bunn Y Burkhalter NByrd Y Campbell
N Canty N Carlisle N Carrell

N Carter N Cauthorn
N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman, B N Coleman, T N Colwell N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson
YDix N Dixon, H N Dixon, S E Dobbs
Ehrhart NEpps

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

Jamieson N Jenkins N Johnson, D.H
E Johnson, E Y Johnson, G N Johnson, J
Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord
Lucas Y Maddox YMann N Martin
N McBee

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

FRIDAY, JANUARY 14, 1994

213

Randall N Randolph
NRay N Reaves N Reichert N Roberts N Royal
N Scoggins N Shanahan N Sherrill

N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, L
Smith, P N Smith, T Y Smith, V
Smith, W

Smyre NSnow N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor

N Teper
N Thomas N Tillman N Titus
N Towery N Trense
Turnquest Twiggs E Vaughan N Walker

On the adoption of the amendment, the ayes were 25, nays 131. The amendment was lost.

N Wall
N Watson N Watts Y Westmorland N White N Williams, B
N Williams, R Yates
N Yeargin Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Yates of the 106th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" 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 Ashc Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown
YBuck Y Buckner
N Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler
Y Channell Y Childers N Clark Y Coker Y Coleman, B Y Coleman, T

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

Y Howard
Y Hudson Y Hughes Y Hugley N Irvin
Y James Jamieson
Y Jenkins Y Johnson, D.H E Johnson, E N Johnson, G Y Johnson, J N Johnston Y Jones
N Joyce N Kaye Y Kinnamon
N 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
McKinney Y Milam N Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley N MueUer Y Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry N Pinholster YPoag Y Polak Y Porter YPoston Y Powell
Y Purcell, A Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T N Smith, V
Smith, W Y Smyre YSnow Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague N Teper
Y Thomas Y Tillman Y Titus
Y Towery Y Trense
Turnquest Y Twiggs E 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 passage of the Bill, by substitute, the ayes were 139, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following communications were received:

214

JOURNAL OF THE HOUSE,

Mr. Speaker:
Under Rule 137, please insert the following:
There are many expenditures in HB 1296 that I heartily support. I feel strongly that we should not be required to vote without having the bill before us for a longer period of time to allow for study. I believe it is in the best interests of my constituents to study thoroughly each and every bill, especially those bills which spend their tax dollars.
/sf Representative Barbara Bunn House District 74

Representative Hembree of the 98th District
This statement does hereby relate to my decision for voting No on HB 1296. Per review of the supplemental appropriations budget and in conjunction with my desire to cut spending first in State Government, I could not vote Yes to add $225,268,126.00 in spend ing. The tax payers of Georgia cannot afford to add over two million dollars to an existing budget that has risen to almost 10 billion dollars. Furthermore; the supplemental appropri ations budget was placed on my desk for review the night before our vote. No one can possibly review a 2 million dollar spending package in this short time period. I feel the voters of my district agree with me in saying that we must become more responsible when spending tax dollars.

House of Representatives Legislative Office Building, Room 501
Atlanta, Georgia 30334

H.B. 1296

1/4/94 - 4:00 PM

Dan Lakly of the 105th voted NO on H.B. 1296 because Family Planning funds of $171,926 were not transferred to Infant and Child Health as per my Amendment.

Additionally, $582,000 in the Department of Community Affairs Budget represents unnecessary funding for local projects that should be funded by local government.

HB 1296
On January 12th I attended the House Appropriations Committee and listened to Rep. Larry Walker encourage the committee to vote on whether or not to bring the Sup plemental Budget (HB 1296) up on the next day. This meeting was conducted at 3 p.m., Jan. 12 and a vote was taken. Twenty-one members voted to bring up the Supplemental Budget on Jan. 13 (next day) and 15 members (including several of the Democratic leader ship) voted to give the General Assembly more time to study the bill. Rep. Walker (Major ity Leader) encouraged the committee to give the General Assembly members more time to study this budget. The committee decided against Rep. Walker's wishes. This HB 1296 (Supplemental Budget) was printed during the night of Jan. 12th and placed on the member's desk after adjournment. This budget bill was then brought before the General Assembly Body on Jan. 13, Friday. In the best interest of my constituents I cannot vote yes on a bill of this magnitude, since I had less than a few hours to review this approxi mately $225 million dollar budget. There are some good items on this budget but I cannot in good conscious vote for a budget I have not reviewed properly.
Dist. 21 State Rep. /s/ James Mills

FRIDAY, JANUARY 14, 1994

215

House of Representatives Legislative Office Building, Room 411
Atlanta, Georgia 30334
On Friday Jan. 14, 1994 I voted NO on HB 1296. There are items that I disagree with along with items that could not be explained due to lack of information. Before I can vote to spend several million dollars of taxpayers money, I must feel as though my questions have been answered and that our citizens will be the beneficiary of my actions.
1/14/94 /s/ Vance Smith
Dis 102

Although I do agree with the additional spending in several items on H.B. 1296 I must vote against it. I agree with the additional spending in the Post Secondary Options Pro gram and the move toward privatization in some agencies of state government. I do not believe that it is fair that I was asked to vote on an additional 300 million dollars of spending when I only had less than 24 hrs to review the additional spending. Therefore I voted no out of protest of the procedure rather than the bill itself.
/s/ Westmoreland 104

House of Representatives Atlanta, Georgia
January 14, 1994
HB - 1296 Amended Budget
This is to explain my vote against HB - 1296. My vote against this bill should not be con strued as a vote against any worthwhile project included.
It is a vote against a budget process which is improper in that we are allowed less than one day to consider $225 million in expenditures.
/s/ John Yates State Representative 106th. District

Representative Coleman of the 142nd moved that HB 1296 be ordered immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Atkins
Y Bailey Y Baker Y Bannister
YBarfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove N Brooks, D
Brooks, T Y Brown Y Buck Y Buckner N 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 N Clark
Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell Y Cox Y Crawford

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

Y Groover Y Hammond Y Manner Y Harris, B N Harris, M
Y Hart Y Heard
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley N Irvin Y James
Jamieson Y Jenkins

Y Johnson, D.H E Johnson, E
Johnson, G Y Johnson, J Y Johnston
Y Jones N Joyce
N Kaye Y Kinnamon Y Klein N Ladd N Lakly Y Lane, D Y Lane, R N Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas

216

JOURNAL OF THE HOUSE,

N Maddox
N Mann Y Martin Y McBee Y McClinton
McKinney Y Milam N 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 N Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Skipper
Y Smith, C Y Smith, L Y Smith, P
Y Smith, T

On the motion, the ayes were 137, nays 22. The motion prevailed.

N Smith, V Smith, W
YSmyre YSnow Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus

Y Towery Y Trense
Turnquest Y Twiggs E Vaughan Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Yates of the 106th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate 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:
"(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".

FRIDAY, JANUARY 14, 1994

217

Representative Ehrhart of the 36th moved that the House agree to the House substi tute, as amended by the Senate.

Representative Groover of the 125th moved that SB 317 be postponed.

Representative Cauthorn of the 35th moved the previous question.

Representative Stanley of the 50th moved to adjourn. On the motion, the roll call was ordered and the vote was as follows:

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

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

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

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

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

On the motion, the ayes were 41, nays 98. The motion was lost.

Representative Groover of the 125th moved that SB 317 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

YAshe N Atkins
N Bailey Y Baker
Bannister
N Barfoot Bargeron
N Barnes N Bates
Benefield Y Birdsong Y Bordeaux
Bostick

Breedlove N Brooks, D
Brooks, T Y Brown NBuck
Y Buckner N Bunn N Burkhalter NByrd N Campbell Y Canty N Carlisle N Carrell

N Carter N Cauthorn N Chambless
N Chandler N Channel! N Childers N Clark N Coker N Coleman, B N Coleman, T
Colwell Y Connell NCox

N Crawford
N Crews N Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson
NDix N Dixon, H Y Dixon, S E Dobbs N Ehrhart YEpps

N Evans Felton
N Floyd, J.M Floyd, J.W
Y God bee Golden
N Goodwin N Greene Y Groover N Hammond
Manner N Harris, B N Harris, M

218

JOURNAL OF THE HOUSE,

Y Hart Y Heard Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson N Hughes Y Hugley Y Irvin N James
Jamieson N Jenkins Y Johnson, D.H E Johnson, E
Johnson, G N Johnson,J
N Johnston Jones
N Joyce N Kaye

N Kinnamon
N Klein NLadd N Lakly N Lane, D N Lane, R N Lawrence N Lawson N Lee N Lewis N Lord N Lucas N Maddox
Mann Y Martin
Y McBee Y McClinton
McKinney Y Milam N Mills Y Mobley, B N Mobley, J N Moore

N Mosley N Mueller Y Oliver Y O'Neal Y Orrock N Padgett N Parham N Parrish
Patten
Y Pelote Y Perry N Pinholster
NPoag Y Polak N Porter N Poston N Powell Y Purcell, A N Purcell, B Y Randall N Randolph
YRay N Reaves

Y Reichert
Y Roberts Y Royal
N Scoggins N Shanahan N Sherrill
N Shipp Y Simpson Y Sinkfield N Skipper N Smith, C N Smith, L
Smith, P Y Smith, T N Smith, V
Smith, W Smyre N Snow Y Stancil, F N Stancil, S Stanley, L
Y Stanley, P Stephenson

Streat Y Taylor
Teague YTeper
Thomas Y Tillman N Titus N Towery N Trense
Turnquest Twiggs E Vaughan Y Walker N Wall N Watson
N Watts N Westmorland Y White
Williams, B N Williams, R N Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 53, nays 95. The motion was lost.

Representative Ehrhart of the 36th moved that the House agree to the House substi tute, as amended by the Senate.
On the motion, the roll call was ordered and the vote was follows:

Y Ashe Y Atkins Y Bailey N Baker Y Bannister Y Barfoot
Bargeron Y Barnes
Y Bates Benefield
Y Birdsong N Bordeaux
Bostick Breedlove Y Brooks, D Brooks, T Y 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 N Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

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

N Howard
Y Hudson Y Hughes N Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, D.H E 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 Y Mann N Martin Y McBee N McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 120, nays 29. The motion prevailed.

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

Y Smith, C Y Smith, L
Smith, P Y Smith, T Y Smith, V
Smith, W
Smyre YSnow
N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephenson Streat N Taylor
Teague NTeper
Thomas N Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs E 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

FRIDAY, JANUARY 14, 1994

219

Representative Davis of the 48th served notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to SB 317.

The following communications were received:

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 13, 1994
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Steve Reynolds was elected as a mem ber of the State Transportation Board from the Fourth Congressional District. He will serve for a term beginning April 16, 1994, and expiring April 15, 1999. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Steve Reynolds Honorable Thomas E. Lawrence Honorable Barbara J. Mobley Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Steve Reynolds has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Fourth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1994, and expiring April 15, 1999.
This 13th day of January, 1994.

220

JOURNAL OF THE HOUSE,

/s/ Pierre Howard President of the Senate

/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 12, 1994
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, Ga 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1994, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Steve Reynolds was elected as a member of the State Trans portation Board from the Fourth Congressional District to serve a term beginning April 15, 1994, and expiring April 16, 1999.
Respectfully submitted, /s/ Thomas E. Lawrence
Representative, 64th District Chairman Fourth Congressional District
Is/ Barbara J. Mobley Representative, 69th District Secretary Fourth Congressional District
The General Assembly State Capitol Atlanta
January 12, 1994
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Ga 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1994, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Steve Reynolds was elected as a member of the State Trans portation Board from the Fourth Congressional District to serve a term beginning April 15, 1994, and expiring April 16, 1999.

FRIDAY, JANUARY 14, 1994

221

Respectfully submitted, /s/ Thomas E. Lawrence
Representative, 64th District Chairman Fourth Congressional District
/s/ Barbara J. Mobley Representative, 69th District Secretary Fourth Congressional District
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 13, 1994
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable James L. Lester was elected as a mem ber of the State Transportation Board from the Tenth Congressional District. He will serve for a term beginning April 16, 1994, and expiring April 15, 1999. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am
Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel
SRB.-jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable James L. Lester Honorable G. B. Pollard, Jr. Honorable Charles W. Yeargin Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable James L. Lester has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Tenth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1994, and expiring April 15, 1999.
This 13th day of January, 1994.

222

JOURNAL OF THE HOUSE,

Is/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 12, 1994
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, Ga 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1994, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable James L. Lester was elected as a member of the State Trans portation Board from the Tenth Congressional District to serve a term beginning April 15, 1994, and expiring April 16, 1999.
Respectfully submitted, /s/ G. B. Pollard, Jr.
Senator, 24th District Chairman Tenth Congressional District
/s/ Charles W. Yeargin Representative, 90th District Secretary Tenth Congressional District
The General Assembly State Capitol Atlanta
January 12, 1994
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Ga 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1994, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable James L. Lester was elected as a member of the State Trans portation Board from the Tenth Congressional District to serve a term beginning April 15, 1994, and expiring April 16, 1999.
Respectfully submitted, /s/ G. B. Pollard, Jr.
Senator, 24th District Chairman Tenth Congressional District
/s/ Charles W. Yeargin Representative, 90th District Secretary Tenth Congressional District

FRIDAY, JANUARY 14, 1994

223

Pursuant to HR 658, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 24, 1994.

224

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 24, 1994

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 Carlisle Carrell
Carter Cauthorn Chambless Chandler Channell Childers Clark Coker Coleman, T

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

Hudson Hughes
Hugley Irvin
James Jamieson Jenkins Johnson, E Johnson, G Johnson, J Johnston
Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane, D
Lane, R Lawson Lee Lewis Lord Maddox Mann Martin
McBee McKinney Milam Mills Mobley, B

Mobley, J Moore Mosley Mueller Oliver O'Neal
Padgett Parham Parrish Patten Perry Pinholster Poag Polak Porter
Poston
Powell Purcell, A Purcell, B Randolph
Ray Reaves Reichert
Roberts Royal Scoggins Shanahan Sherrill Shipp Sinkfield
Skipper Smith, C

Smith, L Smith, P Smith, V Smith, W Smyre Snow Stancil, F Stancil, S Stanley, L Stephenson Streat Taylor Teague Teper Tillman Titus Towery Trense Turnquest
Twiggs
Vaughan
Walker
Wall
Watson
Watts
Westmorland
Williams, B
Williams, R
Yates
Yeargin
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives McClinton of the 68th, Canty of the 52nd, Stanley of the 49th, Davis of the 60th, Henson of the 65th, Hart of the 116th, Simpson of the 101st, Orrock of the 56th, Randall of the 127th, Bates of the 179th, White of the 161st, Thomas of the 100th, Smith of the 169th and Johnson of the 148th.
They wish to be recorded as present.

Prayer was offered by the Reverend Ken McCoy, Pastor, First Baptist Church, Chickamauga, 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, JANUARY 24, 1994

225

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1373. By Representatives Cox of the 160th and Bates of the 179th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide the loca tion where a delinquent child may be detained.
Referred to the Committee on Judiciary.
HB 1374. By Representatives Dickinson of the 83rd, Mobley of the 86th, Coleman of the 80th, Bannister of the 77th, Wall of the 82nd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that the license or driving priv ilege of any person under age 21 who is convicted of driving under the influ ence of alcohol or drugs shall be suspended until such person is 21 years of age.
Referred to the Committee on Judiciary.
HB 1375. 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, 1994 and ending June 30, 1995.
Referred to the Committee on Appropriations.
HB 1376. By Representative Parham of the 122nd: A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change certain definitions.
Referred to the Committee on Motor Vehicles.
HB 1377. By Representatives Milam of the 130th, Epps of the 131st, Smith of the 102nd, Hudson of the 156th, Sinkfield of the 57th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Anno tated, relating to hunting seasons and bag limits, so as to provide that in the event the Board of Natural Resources divides the state into a northern and southern zone for purposes of establishing hunting seasons, Troup County shall be included in the southern zone.
Referred to the Committee on Game, Fish & Parks.

226

JOURNAL OF THE HOUSE,

HB 1378. By Representatives Clark of the 40th, Atkins of the 29th, Powell of the 23rd, Watson of the 139th, Chandler of the 99th and others:
A bill to amend Code Section 16-9-56 of the Official Code of Georgia Anno tated, relating to fraudulent attempts to obtain refunds, so as to change which information is prohibited from being given to obtain refunds.
Referred to the Committee on Judiciary.

HB 1379. By Representatives Harris of the 112th and Watson of the 139th:
A bill to amend Code Section 50-27-17 of the Official Code of Georgia Anno tated, relating to the state-wide network of retailers and qualifications of retailers pursuant to the "Georgia Lottery for Education Act," so as to change the provisions relating to qualifications of lottery retailers.
Referred to the Committee on Industry.

HB 1380. By Representative Hudson of the 156th:
A bill to amend Article 8 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for school buses, so as to provide that it shall be unlawful to operate a school bus which is trans porting children who are not seated.
Referred to the Committee on Motor Vehicles.

HB 1381. By Representative Parham of the 122nd:
A bill to amend Code Section 40-6-395 of the Official Code of Georgia Anno tated, relating to fleeing or attempting to elude a police officer, so as to clar ify that an officer is required to give both an audible and a visual signal to stop to a driver as a condition of charging such driver with the offense of fleeing or attempting to elude a police officer.
Referred to the Committee on Motor Vehicles.

HB 1382. By Representatives Hudson of the 156th, Johnson of the 148th, Ray of the 128th, Cox of the 160th, Hanner of the 159th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change a certain definition; to make the liberation of domestic fish without a permit unlawful; to require fishing licenses of per sons who fish in private ponds owned or operated by certain governmental entities; to require persons in possessions of game fish from wholesale or retail fish dealers to possess a bill of sale or lading.
Referred to the Committee on Game, Fish & Parks.

HB 1384. By Representatives Crews of the 78th, Byrd of the 170th, Trense of the 44th, Mills of the 21st, Coleman of the 80th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs in ele mentary and secondary schools, so as to authorize the reading or posting of certain writings, documents, and records without content based censorship thereof.
Referred to the Committee on Education.

MONDAY, JANUARY 24, 1994

227

HB 1385. By Representatives Crews of the 78th, Byrd of the 170th, Towery of the 30th, Smith of the 174th, Johnston of the 81st and others:
A bill to amend Code Section 50-27-10 of the Official Code of Georgia Anno tated, relating to procedures for regulating the conduct of lottery games, so as to limit the use of certain electronic or mechanical devices to sell lottery tickets or shares.
By unanimous consent, HB 1385 was ordered engrossed.
Referred to the Committee on Industry.

HB 1386. By Representative Parham of the 122nd:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Anno tated, relating to reporting of accidents and proof of financial responsibility, so as to require local law enforcement agencies to submit reports of all traffic accidents to the Department of Public Safety.
Referred to the Committee on Motor Vehicles.

HB 1387. By Representative Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to increase the minimum amount of prop erty damage which must be present as a condition of a police investigation of a motor vehicle accident.
Referred to the Committee on Motor Vehicles.

HB 1388. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd and Culbreth of the 132nd:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to provide an unem ployment tax amnesty program.
Referred to the Committee on Ways & Means.

HB 1389. By Representatives Twiggs of the 8th, Davis of the 48th, Mobley of the 86th, Jenkins of the 110th, Streat of the 167th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the time at which a candidate is required to complete the basic training course.
Referred to the Committee on Public Safety.

HB 1390. By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd, Watson of the 139th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Registra tion of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.
Referred to the Committee on Industry.

228

JOURNAL OF THE HOUSE,

HB 1391. By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd, Watson of the 139th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 36 of such title, the "Georgia Polygraph Examiners Act".
Referred to the Committee on Industry.

HB 1392. By Representative Smith of the 109th:
A bill to amend Code Section 50-8-8 of the Official Code of Georgia Anno tated, relating to grants and other disbursements of funds by the Depart ment of Community Affairs, so as to provide for an exception to the department's authority to condition the award of grants to counties and municipalities.
Referred to the Committee on Appropriations.

HB 1393. By Representatives Brown of the 117th, Williams of the 114th and Johnson of the 148th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Anno tated, known as the "Insurance Premium Finance Company Act," so as to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agreement of any power of attor ney enabling such premium finance company to cancel any insurance con tract listed in the agreement.
Referred to the Committee on Insurance.

HB 1394. By Representatives Hegstrom of the 66th, Martin of the 47th, Lawson of the 20th, Randall of the 127th, Johnson of the 148th and others:
A bill to amend Code Section 44-7-50 of the Official Code of Georgia Anno tated, relating to demand for possession of property, so as to provide that a person occupying rental premises pursuant to a lease between a landlord and tenant is a tenant at sufferance of the tenant and dispossessory proceedings may be brought against such tenant at sufferance.
Referred to the Committee on Special Judiciary.

HB 1395. By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th, Buck of the 135th, Towery of the 30th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to change the compensation of judges of the superior courts.
Referred to the Committee on Judiciary.

HB 1396. By Representatives Felton of the 43rd and Lord of the 121st:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to change the provisions relating to the registration of preneed dealers and cemeteries; to provide that the registration statement of an applicant shall include a plat, certified by a registered land surveyor, setting forth the property dedicated for cemetery use.
Referred to the Committee on Industry.

MONDAY, JANUARY 24, 1994

229

HB 1397. By Representatives Powell of the 23rd, Johnson of the 84th, Skipper of the 137th, Henson of the 65th, Barnes of the 33rd and others:
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 con version of rented entertainment equipment or media.
Referred to the Committee on Judiciary.

HB 1398. By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th, Buck of the 135th, Towery of the 30th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, 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.
Referred to the Committee on Judiciary.

HB 1399. By Representatives Powell of the 23rd, Parham of the 122nd, Harris of the 112th and Chandler of the 99th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons com pleting a defensive driving course or alcohol or drug program, so as to autho rize the Department of Human Resources to require surety bonds of DUI alcohol or drug use risk reduction programs.
Referred to the Committee on Motor Vehicles.

HB 1400. By Representative Coker of the 31st:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that any person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for labor performed, materials furnished, or for contracts of indemnity provided.
Referred to the Committee on Special Judiciary.

HB 1401. By Representatives Bannister of the 77th, Dix of the 76th, Breedlove of the 85th, Wall of the 82nd and Lawrence of the 64th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment benefit contributions, so as to change the liability of succeeding employers.
Referred to the Committee on Industrial Relations.

HB 1402. By Representatives Bannister of the 77th, Coleman of the 80th, Johnston of the 81st, Johnson of the 84th and Dix of the 76th:
A bill to amend Code Section 34-8-254 of the Official Code of Georgia Anno tated, relating to overpayment of employment security benefits, so as to pro vide for the recovery of overpayments of unemployment benefits when a terminated employee is awarded back wages by any court or administrative body for a period of time when the terminated employee was paid unemploy ment benefits.
Referred to the Committee on Industrial Relations.

230

JOURNAL OF THE HOUSE,

HB 1403. By Representatives Perry of the llth, Kinnamon of the 4th, Smith of the 12th, Shanahan of the 10th and Snow of the 2nd:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Anno tated, relating to escape, so as to change the penalty for the offense of escape committed by a person who has been convicted of a felony or misdemeanor.
Referred to the Committee on State Institutions & Property.

HB 1404. By Representatives Hart of the 116th, Brown of the 117th, Howard of the 118th and Sinkfield of the 57th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to provide that it shall be unlawful for any person to hire, solicit, engage, contract with, conspire with, encourage, abet, or direct any minor to commit any felony or any delinquent act which would constitute a felony if committed by an adult.
Referred to the Committee on Special Judiciary.

HB 1405. By Representatives Hart of the 116th, Brown of the 117th, Childers of the 13th, Padgett of the 119th and Howard of the 118th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for release of medical records to certain entities.
Referred to the Committee on Special Judiciary.

HB 1406. By Representatives Brooks of the 103rd, McClinton of the 68th, Moore of the 113th, Maddox of the 108th, Trense of the 44th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to require notification of the grandparent, aunt, and uncle of a child to be adopted before adoption; to provide for pro cedures for such notice; to require a petition for adoption to state whether a child to be adopted has a known grandparent, aunt, or uncle.
Referred to the Committee on Special Judiciary.

HB 1407. By Representative Yeargin of the 90th:
A bill to abolish the office of elected county surveyor of Elbert County; to provide for the appointment of said official by the county governing author ity.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1408. By Representative Yeargin of the 90th:
A bill to amend an Act providing for a Board of Commissioners for the County of Elbert, so as to change certain powers of the county administrator.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1409. By Representatives Cummings of the 27th and Murphy of the 18th:
A bill to amend an Act entitled "An Act to provide a new Board of Educa tion for Polk County," so as to change the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, JANUARY 24, 1994

231

HB 1410. 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 provide for certain technical and reference corrections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1411. By Representatives Powell of the 23rd and Watson of the 139th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Anno tated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks".
Referred to the Committee on Industry.

HR 732. By Representatives Westmoreland of the 104th, Lakly of the 105th, Johnson of the 97th, Kaye of the 37th, Mills of the 21st and others:
A resolution proposing an amendment to the Constitution so as to remove the obligation to budget and appropriate funds necessary to operate the state's departments and agencies; to establish a limitation on the total amount of state expenditures in any fiscal year; to provide for a reserve fund, a limitation on the amount in such fund, and appropriations from such fund.
Referred to the Committee on Appropriations.

HR 735. By Representatives Johnston of the 81st, Wall of the 82nd, Goodwin of the 79th, Dickinson of the 83rd, Bannister of the 77th and others:
A resolution creating the House Committee to Study the Composition of the Gwinnett County Governing Authority.
Referred to the Committee on Rules.

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 1468. By Representatives Barnes of the 33rd, Watts of the 26th and Watson of the 139th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, and other utility contractors, so as to change the provisions relating to defini tions of terms.
Referred to the Committee on Industry.

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

HB 1341 HB 1342 HB 1343 HB 1344 HB 1345 HB 1346 HB 1347 HB 1348 HB 1349

HB 1350 HB 1351 HB 1352 HB 1353 HB 1354 HB 1355 HB 1356 HB 1357 HB 1358

232

JOURNAL OF THE HOUSE,

HB 1359 HB 1360 HB 1361 HB 1362
HB 1363
HB 1364 HHBB 11336656
HB 1367
HB 1368
HB 1369

HB 1370 HB 1371 HB 1372 HB 1383
ur> 70
TM lov TM HR !7?28!
HR 729
HR 730
SB 405

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 707 Do Pass
Respectfully submitted, Is/ Lee of the 94th
Chairman

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

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

SB 10. By Senators Hooks of the 14th, Harbison of the 15th and Edge of the 28th:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Anno tated, relating to permits for the withdrawal, diversion, or impoundment of surface waters, so as to define a certain term; to amend Code Section 12-5-92 of the Official Code of Georgia Annotated, relating to definitions relative to ground-water use, so as to define a certain term; to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water.

SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th, Burton of the 5th, Blitch of the 7th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Anno tated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry.

SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th, Walker of the 22nd and Hooks of the 14th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions relating to professions and businesses, so as to exempt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996.

MONDAY, JANUARY 24, 1994

233

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

HB 1232. By Representatives Milam of the 130th, Smith of the 102nd and Epps of the 131st:
A bill to amend an Act providing a board of education of Troup County, so as to define the Troup County School District.

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

SB 10. By Senators Hooks of the 14th, Harbison of the 15th and Edge of the 28th:
A bill to amend Code Section 12-5-31 of the Official Code of Georgia Anno tated, relating to permits for the withdrawal, diversion, or impoundment of surface waters, so as to define a certain term; to amend Code Section 12-5-92 of the Official Code of Georgia Annotated, relating to definitions relative to ground-water use, so as to define a certain term; to amend Code Section 12-5-96 of the Official Code of Georgia Annotated, relating to permits to withdraw, obtain, or use ground water.
Referred to the Committee on Natural Resources & Environment.

SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th, Burton of the 5th, Blitch of the 7th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Anno tated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry.
Referred to the Committee on Industry.

SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th, Walker of the 22nd and Hooks of the 14th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions relating to professions and businesses, so as to exempt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996.
Referred to the Committee on Industry.

Representative Davis of the 48th moved that the House reconsider its action in giving the requisite constitutional majority to the House substitute, as amended by the Senate, to the following Bill of the Senate:

234

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

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

Y Colwell
Y Connell YCox N Crawford N Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M N Dickinson NDix Y Dixon, H Y Dixon, S
Y Dobbs N Ehrhart YEpps
Evans N Felton
Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden N Goodwin
Y Greene Y Groover N 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 N Irvin Y James N Jamieson Y Jenkins Y Johnson, D.H
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 Y Lane, R N Lawrence Y Lawson
YLee N Lewis YLord
Lucas N Maddox N Mann Y Martin Y McBee Y McClinton Y McKinney
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 E Pelote Y Perry N Pinholster NPoag
Y Polak N Porter Y Poston
Powell Y Purcell, A
Y Purcell, B Y Randall N Randolph
NRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins N Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper

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

On the motion, the ayes were 96, nays 70. The motion prevailed.

Representative Poston of the 3rd stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

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

HR 707. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A resolution commending and recognizing the 1993 University of Georgia gymnastics team and inviting the team and its coaches and trainer to appear and be recognized before the House of Representatives.

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

MONDAY, JANUARY 24, 1994

235

HR 751. By Representatives Mobley of the 69th, Taylor of the 134th, Stanley of the 49th, Johnson of the 148th, Hart of the 116th and others:
A resolution recognizing Delta Sigma Theta Sorority and inviting the mem bers of that sorority to appear before the House of Representatives on Fri day, February 4, 1994.
HR 752. By Representatives Groover of the 125th, Reichert of the 126th, Randall of the 127th, Ray of the 128th and Birdsong of the 123rd:
A resolution commending the mayor and council of the City of Macon, the members of the Bibb County Board of commissioners, the Keep Macon-Bibb Beautiful Commission, and the Cherry Blossom Festival Board with respect to the annual Cherry Blossom Festival and inviting their representatives to appear before the House of Representatives.
Representative Vaughan of the 34th arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 500. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Code Section 47-16-41 of the Official Code of Georgia Anno tated, relating to delayed application for membership in the Sheriffs' Retire ment Fund of Georgia, so as to provide that a sheriff who was a member of such fund and subsequently ceased being a member may, upon again becom ing a sheriff, apply for membership.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe 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 Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler

Y Channell Y Childers
Y Clark Y Coker E 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 Ehrhart
Epps Evans Y Felton 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 ' Y Hart Y Heard Y Hegstrom Y Hembree Y Henson
Holland Holmes Y Howard Y Hudson Y Hughes Y Hugley
Y Irvin Y James Y Jamieson
Jenkins Johnson, D.H 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 Y Mann
Martin Y McBee
McClinton McKinney
Y Milam Y Mills
Mobley, B Y Mobley, J
Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Y Patten

E Pelote Y Perry
Y Pinholster Y Poag Y Polak Y Porter Y Poston
Powell Y Purcell, A
Purcell, B Y Randall Y Randolph
Ray Reaves Y Reichert Y Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V
Y Smith, W

236

JOURNAL OF THE HOUSE,

Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas

Y Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall
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 144, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Jenkins of the 110th, Powell of the 23rd and Holland of the 157th stated that they had" Been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 158. By Representatives Floyd of the 138th and Cummings of the 27th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service; to provide for matters relative thereto; to provide for conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, is amended by adding between subsections (g) and (i) thereof a new subsection (h) to read as follows:
"(h) (1) Any other provisions of this chapter to the contrary notwithstanding, any member, other than a member who is subject to the provisions of Code Section 47-2-334, who served at any time prior to July 1, 1994, on active duty in the armed forces of the United States in order to fulfill an obligation as a military reservist may obtain creditable service for such active duty military service, subject to the limita tions and requirements of this subsection.
(2) In order to obtain creditable service for such active duty military service, a member must:
(A) Apply to the board of trustees for such creditable service by not later than July 1, 1996;
(B) Have served on active duty for at least 45 consecutive days, and no more than six months of such active duty service may be obtained as creditable service;
(C) Pay the regular employer and employee contributions last paid by or on behalf of the member as an employee before beginning active duty or first paid by or on behalf of the member as an employee after returning from active duty, plus 4 '/2 percent interest compounded annually from the time of completing active duty service to the date of payment;
(D) Not have obtained creditable service for the same active duty service under any other provision of this chapter; and
(E) Not have used or be eligible to use the active duty service in the determina tion of the member's eligibility for retirement benefits or allowances from any other

MONDAY, JANUARY 24, 1994

237

state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. (3) No creditable service obtained pursuant to the provisions of this subsection may be used to reach the level of creditable service necessary to:
(A) Qualify for a projection of service pursuant to the provisions of subsection (d) of Code Section 47-2-120; or
(B) Qualify for a retirement benefit based on involuntary separation from service under any provision of Code Section 47-2-123. (4) The time limitation specified in subsection (g) of this Code section for obtain ing creditable service for military service does not apply to obtaining creditable service under this subsection."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the 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
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
E 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 Ehrhart YEpps
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
Holland Y Holmes

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

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves
Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan
Sherrill Y Shipp
Y Simpson Y Sinkfield 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
Streat Y Taylor
Teague Y Teper Y Thomas 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 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

238

JOURNAL OF THE HOUSE,

Representatives Holland of the 157th and Powell of the 23rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 959. By Representative Reaves of the 178th:
A bill to amend Code Section 47-2-312 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System of Geor gia for employees of agricultural commodity commissions, so as to provide that certain such employees may obtain creditable service for certain prior service with such commissions.

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 Atkins
Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron N 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 E 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 Ehrhart Y Epps
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 Y Holmes

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

Y Mobley, B
Y Mobley, J Moore
Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Y Parham
Y Parrish Patten
E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y 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 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 Street Y Taylor
Teague YTeper
Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest
Y Twiggs Y Vaughan Y Walker
Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

HB 1179.

By Representative Lane of the 55th:
A bill to amend Code Section 36-42-4 of the Official Code of Georgia Anno tated, relating to Downtown Development Authority directors, so as to change the length of the term of the directors of such authorities.

MONDAY, JANUARY 24, 1994

239

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 Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck
Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker E 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 Ehrhart Y Epps
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
Holland Y Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin 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
Y Mann Y Martin Y McBee Y McClinton
Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y 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 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
Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas 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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

HB 1180.

By Representative Lane of the 55th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to permit at least one elected official of the appointing political subdivision to serve as a com missioner of the housing 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 Y Bannister Y Barfoot

Y Bargeron N 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
Canty

Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler

240

JOURNAL OF THE HOUSE,

Channell Y Childers Y Clark
Y Coker E Coleman, B N Coleman, T Y Colwell Y Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Dickinson
Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y 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 N Hammond
Hanner
Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom
Y Hembree Y Henson
Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley
Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H N 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 Y Mann Y Martin Y McBee Y McClinton Y McKinney
Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley N Mueller
Oliver
Y O'Neal Y Orrock Y Padgett
Parham Y Parrish Y Patten

E Pelote Y Perry Y Pinholster
Y Poag Y Polak N Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B Y 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 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, P Y Stephenson Y Streat
Y Taylor Y Teague Y Teper
Thomas 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 156, nays 9. The Bill, having received the requisite constitutional majority, was passed.

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.

HB 1182.

By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morals, so as to change certain provisions regarding the employment of nonmembers by nonprofit organizations to conduct bingo games on behalf of such organizations.

The following substitute, offered by Representative Lane of the 55th was read and adopted:

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 certain provisions regarding the employment of nonmembers by nonprofit organizations to conduct bingo games on behalf of such organizations; 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 Code Section 16-12-60, relating to rules and regulations relative to the operation of bingo games, in its entirety and inserting in lieu thereof the following:
"16-12-60. (a) A licensee that conducts or operates a bingo session shall maintain the following records for at least three years from the date on which the bingo session is conducted:

MONDAY, JANUARY 24, 1994

241

(1) An itemized list of the gross receipts for each session; (2) An itemized list of all expenses other than prizes that are incurred in the con ducting of the bingo session as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses; (3) A list of all prizes awarded during the bingo session and the name and address of all persons who are winners of prizes of $50.00 or more in value; (4) An itemized list of the recipients other than the licensee of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed; and (5) A record of the number of persons who participate in any bingo session con ducted by the licensee. (b) A licensee shall:
(1) Own all the equipment used to conduct a bingo game or lease such equipment from an organization that is also licensed to conduct a bingo game;
(2) Display its bingo license conspicuously at the location where the bingo game is conducted;
(3) Conduct bingo games only at the single location specified in the licensee's application; and
(4) Not conduct more than one bingo session during any one calendar day, which session shall not exceed five hours. (c) Ne A nonprofit, tax-exempt organization shall may enter into any a contract with ay individual, firm, association, er corporation te have aueh individual, firm, associa tion, or corporation not more than five individuals who are not members of such non profit, tax-exempt organization to have such individuals operate bingo games or concessions on behalf of the nonprofit, tax-exempt organization provided that at least one member of the nonprofit, tax-exempt organization on behalf of which such bingo game is operated shall be present at all such bingo sessions, provided that prior written notification of any pending contract and the names of all persons to be involved is pro vided to the director, and provided that all persons who are not members of such non profit, tax-exempt organization having any involvement in the operation of bingo games have background investigations completed by the Georgia Bureau of Investigation and are approved by the director prior to any contract becoming valid or prior to any indi vidual participating in the operation of bingo games. (d) A nonprofit, tax-exempt organization shall not lend its name nor allow its iden tity to be used by any individual, firm, association, or corporation in the operating or advertising of a bingo game in which said nonprofit, tax-exempt organization is not directly and selely operating the supervising the operation of such bingo game. (e) It shall be unlawful for two or more nonprofit, tax-exempt organizations which are properly licensed pursuant to this part to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period. (f) It shall be unlawful to award prizes in excess of $1,100.00 in cash or gifts of equivalent value during any calendar day or $2,200.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limits at any combination of locations operated by a single licensee or his or her agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits contained in this Code section. The term 'equivalent value' shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game. (g) No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day and except that nonprofit, tax-exempt organizations employing individuals to conduct bingo games on their behalf pursuant to subsection (c) of this Code section may pay such employees a salary, which salary for such employees cannot be based on a scale or percentage that is related to or dependent upon receipts from a bingo operation or exceed $100.00 per session. (h) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game.

242

JOURNAL OF THE HOUSE,

(i) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both organizations in the same day."
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
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
Byrd Y Campbell
Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker E 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 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 Hart
Y Heard Y Hegstrom Y Hembree Y Henson
Holland Y Holmes

Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James Y Jamieson N Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J N Johnston
Y Jones N Joyce YKaye N Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney 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
E Pelote Y Perry Y Pinholster NPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray
Y Reaves Y Reichert
Y Roberts Y Royal
Scoggins Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield 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
Y Teague Y Teper Y Thomas
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 154, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

HB 1183.

By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organiza tions who are licensed to operate bingo games to operate recreational games.

MONDAY, JANUARY 24, 1994

243

The following amendment was read and adopted:

Representative Scoggins of the 24th moves to amend HB 1183 as follows:
Section 1, para (5) line 24 add the word senior centers after the word retirement homes.

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
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
Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker
E 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 Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
God bee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B
Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson
Holland Y Holmes

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

Y Mobley, B
Y Mobley, J Y Moore
Mosley Y Mueller
Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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 Y Teague
Y Teper Y Thomas 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

HB 674. By Representative Groover of the 125th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to pro vide that certain real property owned by a hospital authority shall be subject to state, county, and municipal ad valorem taxation; to provide that certain real property acquired by a hospital authority shall be subject to all local zoning regulations.

244

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authorities, so as to provide that certain real property owned by a hospital authority created in any county, municipality within that county, or combi nation thereof having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census or any subsidiary or affiliate thereof shall be subject to state, county, and municipal ad valorem taxation; to provide for appli cability criteria; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-7-72 of the Official Code of Georgia Annotated, relating to the creation of hospital authorities, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) (1) Nothing in this Code section is intended to invalidate any of the acts of existing boards of authorities. Hospital authorities shall be granted the same exemp tions and exclusions from taxes as are now granted to cities and counties for the oper ation of facilities similar to facilities to be operated by hospital authorities as provided for under this title.
(2) Notwithstanding the provisions of paragraph (1) of this subsection or any other law to the contrary, any real property owned by a hospital authority created in any county, municipality within that county, or combination thereof having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census or owned by any subsidiary or affiliate thereof and which hospital authority or subsidiary or affiliate thereof operates a hospital containing more than 100 beds and in which 50 percent or more of the floor space thereof, excluding halls, corridors, and public spaces, is rented or leased by persons, firms, or corporations engaged in or conducting a private for profit business or profession shall be subject to all state, county, and municipal ad valorem taxes in the same manner as other pri vate property."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

E Coleman, B N Coleman, T Y Colwell
Y Connell Cox
Y Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson N Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart

Y Epps N Evans Y Felton
N 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 Y Hart Y Heard Y Hegstrom

Y Hembree Y Henson Y Holland
Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James N Jamieson Y Jenkins Y Johnson, D.H N Johnson, E N Johnson, G Y Johnson, J N Johnston

MONDAY, JANUARY 24, 1994

245

Jones N Joyce N Kaye N Kinnamon N Klein NLadd
Lakly Y Lane, D
Y Lane, R N Lawrence Y Lawson
N Lee N Lewis YLord
Lucas Y Maddox N Mann Y Martin Y McBee

Y McClinton McKinney 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 Y Patten E Pelote Y Perry N Pinholster

N Poag Y Polak N Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
NRay Y Reaves N Reichert Y Roberts
Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp Y Simpson

Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V N Smith, W Y Smyre YSnow Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper

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

On the passage of the Bill, by substitute, the ayes were 117, nays 46.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Royal of the 164th 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 1193.

By Representatives Watson of the 139th, Skipper of the 137th, Johnston of the 81st, Dixon of the 150th and Chandler of the 99th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors.

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
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 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 E 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 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 Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, D.H

Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney
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
E Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert

246

JOURNAL OF THE HOUSE,

Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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 Stand!, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas

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 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 437. By Representatives Purcell of the 147th, Walker of the 141st, Godbee of the 145th, Oliver of the 154th, Hudson of the 156th and others:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to remove certain types of identification or documentation that may be used to provide identi fication for registering to vote.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to registration of voters, so as to remove certain types of identification or documentation that may be used to provide identification for registering to vote; to pro vide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to registration of voters, is amended by striking Code Section 21-2-221, relating to application to registration officer for voter registration, and inserting in lieu thereof the following:
"21-2-221. Any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and informa tion which will enable him or her to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identifi cation by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his or her valid driver's license, identification card issued by the Department of Public Safety pursuant to Article 5 of Chapter 5 of Title 40, birth certifi cate, credit card, food stamp card, social security card, check-cashing eareh passport, school feeefeb wefk- identification reeefeb utility biH; school identification, certified copy of marriage license, naturalized citizen certificate of citizenship, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall administer the oath to the applicant and then have him or her sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his or her name, the officer shall sign it for him or her, the applicant making his or her mark thereto."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

MONDAY, JANUARY 24, 1994

247

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 N Brown Y Buck
Y Buckner Y Bunn Y Burkhaiter 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 E 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 Ehrhart
YEpps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M
NHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

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

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
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, P Y Stephenson Y Streat Y Taylor
Y Teague N Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Y Turnquest Y Twiggs
Y Vaughan Walker
Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R
Y Yates Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Hart of the 116th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to provide for requirements for home inspectors; to provide for definitions; to provide for requirements rela tive to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.

The following amendment was read and adopted:

Representative Lord of the 121st moves to amend SB 143 by striking line 3 of page 1 and inserting in lieu thereof the following:
"to require home inspectors to provide written documents containing certain informa tion with regard to inspections; to provide".

The following amendment was read and adopted:

The Committee on Insurance moves to amend SB 143 by striking lines 24 through 26 of page 1 and inserting in lieu thereof the following:

248

JOURNAL OF THE HOUSE,

"8-3-331. Every home inspector shall provide to the person on whose behalf a home or single-family dwelling is being inspected a written document specifying:".
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 Ashc Y Atkins Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
N Canty Carlisle
Y Carrell Y Carter Y Cauthorii
Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker E 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 YDix
Y Dixon, H Y Dixon, S Y Dobbs
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 Hughes
Y Hugley Y Irvin 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
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Lucas
Y Maddox YMann
Martin Y McBee
McClinton McKinney 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 E Pelote Y Perry Y Pinholster
YPoag Polak
Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts
Y Royal Scoggins
Y Shanahan Sherrill
Y Shipp Y Simpson Y Sinkfield
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, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas 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 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Hughes of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1208.

By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
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 Gen eral Assembly amending the Official Code of Georgia Annotated.

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

MONDAY, JANUARY 24, 1994

249

Y Ashe Atkins
Y Bailey Y Baker Y Bannister
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 Channell Y Childers Y Clark Y Coker E 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 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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

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

Y Mobley, B Y Mobley, J Y Moore
Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett
Parham
Y Parrish
Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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 Y Teague Y Teper Y Thomas 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 passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1218.

By Representatives Thomas of the 100th, Bostick of the 165th and Chambless of the 163rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated.

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

Y Ashe Y Atkins
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
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers

Y Clark Y Coker E 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 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 Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins

250

JOURNAL OF THE HOUSE,

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
YLadd
Lakly
Y Lane, D
Y Lane, R
Y Lawrence
Y Lawson
YLee Y Lewis
Y Lord
Lucas

Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney
Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett
Par ham Y Parrish
Patten

E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall
Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill

Y Shipp Y Simpson
Sinkfield 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 Y Teague

Y Teper Y Thomas 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, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Randolph of the 72nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 1219.

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

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

Y Ashe Y Atkins
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 Y Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker E 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 Y Dix Y Dixon, H Y Dixon, S Y Dobbs 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 Irvin Y James

Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee

Y McClinton
Y McKinney
Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller Y Oliver Y O'Neal Y Orrock
Y Padgett Parham
Y Parrish Y Patten
E Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

MONDAY, JANUARY 24, 1994

251

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 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, P Y Stephenson Y Streat Y Taylor Y Teague

Y Teper Y Thomas 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 passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 805. By Representatives Felton of the 43rd, Lane of the 55th, Mobley of the 86th, Watts of the 26th and Lane of the 146th:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to incorporation of municipalities, so as to provide for legisla tive findings and authority; to provide for the creation of municipal charter commissions.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 805 by striking line 7 of page 3 which reads as follows:
"in that House district. The election superintendent",
and inserting in lieu thereof the following:
"in that House district. A period not to exceed 180 days shall be allowed for circula tion of such petition for the collection of the required signatures. The 180 day period shall commence on the date that the petition is first circulated for signatures. The elec tion superintendent".

The following amendment was read and adopted:

Representatives Towery of the 30th and Coker of the 31st move to amend HB 805 as follows:
On page two, line 25 delete the word "only" and replace with "at least ninety percent of;
Add after of "said House District of and on page 3, line 1 delete the word "only" and replace with "at least ninety percent of;
Add after of "said House District of.

The following amendment was read and lost:

Representative Teper of the 61st moves to amend HB 805 as follows:
On page 3 line 5 strike "15" after the word "least" and insert "51" after the word "least" on page 3 line 5.

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

252

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

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

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

N Howard
N Hudson N Hughes N Hugley Y Irvin N James Y Jamieson Y 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
Lane, D Lane, R Y Lawrence N Lawson
NLee Y Lewis
Lord Lucas Y Maddox YMann N Martin
Y McBee N McClinton N McKinney Y Milam Y Mills

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

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

On the passage of the Bill, as amended, the ayes were 87, nays 68. The Bill, having failed to receive the requisite constitutional majority, was lost.

Due to a mechanical malfunction, the vote of Representative Poston of the 3rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Felton of the 43rd gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 805.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Rules and referred to the Committee on Judiciary.
HB 392. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Walker of the 141st, Groover of the 125th and Watts of the 26th:
A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Anno tated, relating to codes of ethics and conflicts of interest, so as to require cer tain public officers and lobbyists to attend ethics training courses.

The following Resolutions of the House were read and adopted:

HR 753. By Representative Smith of the 109th: A resolution commending Sergeant Howell "Nub" Cook.

MONDAY, JANUARY 24, 1994

253

HR 754. By Representatives Connell of the 115th, Murphy of the 18th, Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th and others:
A resolution commending the Georgia Citizens for the Arts.

HR 755. By Representatives Coker of the 31st, Atkins of the 29th, Clark of the 40th, Shipp of the 38th, Kaye of the 37th and others:
A resolution commending and recognizing Miss Laura Merritt, Miss Cobb County of 1994.

HR 756. By Representatives O'Neal of the 75th and Maddox of the 108th:
A resolution commending Mr. Milton L. Kidd upon the occasion of his retirement as Receptionist/Monitor in the Legislative Office Building with the Georgia Building Authority.

HR 757. By Representatives Greene of the 158th and Skipper of the 137th:
A resolution recognizing the area of Buena Vista and Marion County as the Entertainment Capital of Southwest Georgia.

HR 758. By Representatives Teague of the 58th, Brooks of the 54th, McKinney of the 51st, Sinkfield of the 57th and Turnquest of the 73rd:
A resolution recognizing "Sierra Leoneans Day" in Georgia.

HR 759. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A resolution commending the Bainbridge "Bearcat" Band.

HR 760. By Representative Smith of the 109th: A resolution commending Gay Moncrief.

HR 761. By Representative Pinholster of the 15th: A resolution commending and recognizing Mr. John Pool.

HR 762. By Representative Johnson of the 84th: A resolution commending Michele Abraham.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1191 Do Pass HB 1344 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 178th
Chairman

254

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1311 Do pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1383 Do Pass HB 147 Do Pass, by Substitute HB 804 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:

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

HR 715 Do Pass HR 716 Do Pass

HR 733 Do Pass HR 734 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1178 Do Pass, by Substitute

MONDAY, JANUARY 24, 1994

255

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

SB 417. By Senators Robinson of the 16th, Hill of the 4th, Perdue of the 18th, Marable of the 52nd and Clay of the 37th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to provide an effective date; to provide for applicability.

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.

256

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 25, 1994

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 Sam A. Storey, Associate 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. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1412. By Representatives Kaye of the 37th, Westmoreland of the 104th, Bunn of the 74th, Smith of the 102nd, Crews of the 78th and others: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of property, so as to repeal certain provisions relating to the levy for state ad valorem taxation of property.
Referred to the Committee on Ways & Means.
HB 1413. By Representatives Kaye of the 37th, Bunn of the 74th, Lakly of the 105th, Yates of the 106th, Smith of the 102nd and others: A bill to amend Code Section 48-6-23 of the Official Code of Georgia Anno tated, relating to the taxation of intangible personal property, so as to change the rate of such tax.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 25, 1994

257

HB 1414. By Representatives Kaye of the 37th, Joyce of the 1st, Bunn of the 74th, Lakly of the 105th, Yates of the 106th and others:
A bill to amend Code Section 48-7-20 of the Official Code of Georgia Anno tated, relating to state income taxation, so as to change certain tax tables used for computing such tax; to provide for a short title.
Referred to the Committee on Ways & Means.

HB 1415. By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to change the standards under which audits of the financial affairs and transactions of certain local governments are con ducted.
Referred to the Committee on State Planning & Community Affairs.

HB 1416. By Representative Lane of the 55th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to financial affairs of the General Assembly, so as to repeal the "Local Government Impact Fiscal Notes Act"; to provide that this Act shall not apply to certain bills affecting expenditures of counties, municipali ties, or school boards or any combination thereof.
Referred to the Committee on State Planning & Community Affairs.

HB 1417. By Representatives Thomas of the 100th, Cauthorn of the 35th and Chambless of the 163rd:
A bill to amend Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions in criminal proceedings, so as to provide when such depositions may be taken; to provide the manner in which such depositions shall be taken; to provide for the payment of the costs of such depositions.
Referred to the Committee on Judiciary.

HB 1418. By Representative Poag of the 6th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to provide for tuition grants to certain students to attend certain institu tions of higher education.
Referred to the Committee on University System of Georgia.

HB 1419. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th and Smith of the 174th:
A bill to amend Code Section 16-13-71 of the Official Code of Georgia Anno tated, relating to the definition of "dangerous drug," so as to provide that methcathinone (KHAT) shall be included in the list of dangerous drugs.
Referred to the Committee on Health & Ecology.

258

JOURNAL OF THE HOUSE,

HB 1420. By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed inter vivos.
Referred to the Committee on Judiciary.
HB 1421. By Representatives White of the 161st, Taylor of the 134th, Hugley of the 133rd, Smith of the 175th and McClinton of the 68th:
A bill to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and systems, so as to provide that the State Board of Education shall prescribe a uniform grading scale to be used in the public schools of this state.
Referred to the Committee on Education.
HB 1422. By Representatives Mueller of the 152nd, Johnson of the 153rd, Moore of the 113th, Dixon of the 150th and Titus of the 180th:
A bill to amend Article 2 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to the appointment, powers, and duties of municipal poll officers, so as to change the provisions relating to the appoint ment of clerks; to provide for the superintendent to appoint clerks.
Referred to the Committee on Governmental Affairs.
HB 1423. By Representatives Twiggs of the 8th, Ray of the 128th, Birdsong of the 123rd, Randall of the 127th, Mobley of the 86th and others:
A bill to amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful for any person other than a governmental agency to manufacture, sell, or distribute an identification card using the words "State of Georgia" unless such identification card has printed thereon the word "nonofficial".
Referred to the Committee on Public Safety.

HB 1424. By Representative Parham of the 122nd:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that motor vehicles used in, intended for use in, used to facilitate, or derived from or realized through crimes of burglary, robbery, or armed robbery shall be contraband and shall be for feited; to provide for seizure and condemnation of such motor vehicles.
Referred to the Committee on Judiciary.
HB 1425. By Representatives Carlisle of the 107th, Murphy of the 18th, Polak of the 67th, Sinkfield of the 57th, Smith of the 175th and others:
A bill to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child relationship generally, so as to change the provisions relating to visitation rights of grandparents; to provide a rebuttable presumption that it is in the best interest of the child to establish or maintain visitation rights with a grandparent.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 25, 1994

259

HB 1426. By Representative Taylor of the 134th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to change certain provi sions relating to the applicability of said chapter to an invalid car or the operator thereof.
Referred to the Committee on Health & Ecology.

HB 1427. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to increase the homestead exemption from city ad valorem taxes, except taxes levied to retire bonded indebtedness, for residents of the City of Lawrenceville who own and occupy their residences.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1428. By Representatives Dobbs of the 92nd, Patten of the 176th, Carter of the 166th, Lane of the 146th, Barfoot of the 155th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide for the establishment of used oil collection centers.
Referred to the Committee on Natural Resources & Environment.

HB 1429. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993.
Referred to the Committee on Governmental Affairs.

HB 1430. By Representatives Dobbs of the 92nd, Patten of the 176th, Carter of the 166th, Lane of the 146th, Barfoot of the 155th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide for certain tax credits for manufacturers who engage in certain recycling activities.
Referred to the Committee on Ways & Means.

HB 1431. By Representatives Pinholster of the 15th, Williams of the 63rd, Lawrence of the 64th, Campbell of the 42nd and Dickinson of the 83rd:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to change the salary of the Attorney General.
Referred to the Committee on Appropriations.

HB 1432. By Representative Simpson of the 101st:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that the nonresidence of a property owner shall not be grounds for refusal to accept real property owned by such person as bond.
Referred to the Committee on Judiciary.

260

JOURNAL OF THE HOUSE,

HB 1433. By Representatives Bannister of the 77th, Breedlove of the 85th, Lawrence of the 64th, Shipp of the 38th and Crawford of the 129th:
A bill to amend Code Section 34-9-205 of the Official Code of Georgia Anno tated, relating to approval by the State Board of Workers' Compensation of fees of physicians and charges of hospitals and certain other services, so as to provide for limitations with respect to such fees.
Referred to the Committee on Industrial Relations.

HB 1434. By Representatives Holmes of the 53rd, Stanley of the 50th, Canty of the 52nd, Goodwin of the 79th and Cauthorn of the 35th:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to provide for a credit against Georgia personal income tax liability for certain persons whose Georgia ad valorem property tax liability on a homestead or farm for the preceding year is in excess of a specified percentage of the claimant's household income.
Referred to the Committee on Ways & Means.

HB 1435. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Anno tated, relating to permits for certain solid waste handling and disposal facili ties, so as to provide for limitations on the modification of certain permits.
Referred to the Committee on Natural Resources & Environment.

HB 1436. By Representatives Vaughan of the 34th, Hammond of the 32nd, Mobley of the 86th, Barnes of the 33rd, Ehrhart of the 36th 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 their duties regarding review of assessments and appeal procedures, so as to pro vide for filing by mail; to provide for appeals of assessments.
Referred to the Committee on Ways & Means.

HB 1437. By Representatives Dobbs of the 92nd, Sherrill of the 62nd, Porter of the 143rd and Jamieson of the 22nd:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, the "Ethics in Government Act," so as to require that campaign con tributions must be accompanied by a statement or indication of purpose; to provide for the return or escheat of noncomplying contributions.
Referred to the Committee on Judiciary.

HB 1438. By Representative Smith of the 109th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to provide for certain transfers of property which shall not constitute a breach of a cove nant.
By unanimous consent, HB 1438 was ordered engrossed.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 25, 1994

261

HB 1439. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Goodwin of the 79th:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Anno tated, relating to definitions regarding voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to change the definition of the term "eligible voluntary charitable organiza tion".
Referred to the Committee on Governmental Affairs.

HB 1440. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Smith of the 174th, Ashe of the 46th and others:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to repeal certain provisions regarding the design and description of the state flag.
Referred to the Committee on Rules.

HB 1441. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Smith of the 174th and Dickinson of the 83rd:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to change certain penalty provisions applicable to the criminal offenses of trafficking in cocaine, trafficking in illegal drugs, and trafficking in mari juana; to provide that certain sentences shall not be furloughed.
Referred to the Committee on Judiciary.

HB 1442. By Representatives Coleman of the 142nd, Byrd of the 170th, Parrish of the 144th and Watson of the 139th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to professions and businesses in general, so as to provide for state examining boards to grant a preference in the administration of licens ing tests and examinations to persons who have completed certain relevant training at certain educational institutions under the jurisdiction of the Department of Technical and Adult Education.
Referred to the Committee on Industry.

HB 1443. By Representatives Murphy of the 18th, Groover of the 125th and Walker of the 141st:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, the "Georgia Administrative Procedure Act," so as to create the Office of State Administrative Hearings; to provide for appellate review of orders of the superior courts in review of contested cases.
Referred to the Committee on Judiciary.

HB 1444. By Representative Poston of the 3rd:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Anno tated, relating to use of third-year law students and law school staff instruc tors as legal assistants for district attorneys in criminal proceedings, so as to extend the authority to assist a district attorney as allowed under this Code section to 18 months.
Referred to the Committee on Judiciary.

262

JOURNAL OF THE HOUSE,

HB 1445. By Representative Greene of the 158th: A bill to reconstitute the Board of Education of Randolph County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1446. By Representative Greene of the 158th: A bill to repeal an Act providing a new charter for the City of Omaha; to abolish the City of Omaha.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1447. By Representatives Dickinson of the 83rd, Wall of the 82nd, Mobley of the 86th, Dix of the 76th, Coleman of the 80th and others: A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1448. By Representative Greene of the 158th: A bill to provide a new charter for the City of Bluffton.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1449. By Representatives Ray of the 128th, Parham of the 122nd, Jenkins of the 110th, Snow of the 2nd and Birdsong of the 123rd: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties generally of the Public Service Commission, so as to provide for optional extended area telephone service for a fixed monthly rate between certain telephones.
Referred to the Committee on Industry.
HB 1450. By Representative Johnson of the 153rd: A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to authorize such orders for persons who are not in hospitals or nursing homes.
Referred to the Committee on Health & Ecology.

HB 1451. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th, Baker of the 70th, McClinton of the 68th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the interest income from cer tain reserve funds may be used to pay operating costs until June 30, 1997.
Referred to the Committee on State Planning & Community Affairs.
HB 1452. By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th, Baker of the 70th, McClinton of the 68th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that members of the Authority board of directors serve for their respective terms of office and until their respective successors are appointed and qualified.
Referred to the Committee on State Planning & Community Affairs.

TUESDAY, JANUARY 25, 1994

263

HB 1453. By Representative Smith of the 109th:
A bill to amend Code Section 33-9-42 of the Official Code of Georgia Anno tated, relating to reductions in insurance premiums for certain motor vehicle liability and other coverage, so as to provide that such reductions shall be in addition to other reductions and discounts and to provide for certain disci plinary actions.
Referred to the Committee on Insurance.

HB 1454. By Representatives Johnston of the 81st, Stephenson of the 25th, Wall of the 82nd, Breedlove of the 85th, Johnson of the 84th and others:
A bill to provide a homestead exemption from all Gwinnett County ad valo rem taxes for county purposes in the amount of $10,000.00 for a period of two years for residents who have expended $10,000.00 or more in improving the homestead in a two-year period.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1455. By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd, Parham of the 122nd, Reaves of the 178th and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll deductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.
Referred to the Committee on Governmental Affairs.

HB 1456. By Representatives Porter of the 143rd, Bostick of the 165th, Poston of the 3rd, Lawson of the 20th and Campbell of the 42nd:
A bill to amend Code Section 16-8-14 of the Official Code of Georgia Anno tated, relating to the offense of theft by shoplifting, so as to increase the value of property stolen required to constitute a felony; to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to change the autho rization for municipal courts to try and dispose of shoplifting cases.
Referred to the Committee on Judiciary.

HB 1457. By Representatives Crews of the 78th, Ladd of the 59th, Mueller of the 152nd, Johnston of the 81st, Pinholster of the 15th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use tax, so as to exempt from such taxation the sale or use of certain assistive technology devices or equip ment which are prescribed by a licensed physician.
Referred to the Committee on Ways & Means.

HB 1458. By Representatives Porter of the 143rd, Poston of the 3rd, Lawson of the 20th, Barnes of the 33rd and Cauthorn of the 35th:
A bill to amend Code Section 15-6-67 of the Official Code of Georgia Anno tated, relating to recordation of maps and plats and specifications related thereto, so as to change the specifications relating to maps and plats which may be recorded.
Referred to the Committee on Judiciary.

264

JOURNAL OF THE HOUSE,

HB 1459. By Representatives Porter of the 143rd, Bostick of the 165th, Thomas of the 100th, Poston of the 3rd, Lawson of the 20th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to municipal courts, so as to create the Council of Municipal Court Judges of Georgia.
Referred to the Committee on Judiciary.

HB 1460. By Representatives Porter of the 143rd, Bostick of the 165th, Poston of the 3rd, Lawson of the 20th and Campbell of the 42nd:
A bill to amend Code Section 36-32-10.1 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts in counties without state court to try violations of Code Section 16-7-21, relating to criminal tres pass, retention of fines and forfeitures, transfer of cases, and penalties, so as to provide for jurisdiction of all municipal courts to try such cases.
Referred to the Committee on Judiciary.

HB 1461. By Representatives Dobbs of the 92nd, Colwell of the 7th, Greene of the 158th and Twiggs of the 8th:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Jekyll Island--State Park Authority Act", so as to provide for an exemption from ad valorem taxes levied by or on behalf of any county, municipality, or board of education for leasehold inter ests granted in property on Jekyll Island by such authority to certain persons and entities.
Referred to the Committee on Ways & Means.

HB 1462. By Representatives Klein of the 39th, Kinnamon of the 4th, Trense of the 44th, Campbell of the 42nd, Smith of the 175th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide that the Professional Standards Commission and the Professional Practices Commission shall not lose jurisdiction of an applicant who with draws his or her application for certification.
Referred to the Committee on Education.

HB 1463. By Representatives Epps of the 131st, Milam of the 130th, Channell of the lllth, Heard of the 89th, Skipper of the 137th and others:
A bill to amend Code Section 27-3-15 of the Official Code of Georgia Anno tated, relating to hunting seasons and bag limits, so as to provide that, in the event the Board of Natural Resources divides the state into northern and southern zones for purposes of establishing hunting seasons, Meriwether County shall be included in the southern zone.
Referred to the Committee on Game, Fish & Parks.

HB 1464. By Representative Powell of the 23rd:
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 taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by certain schools.
Referred to the Committee on Ways & Means.

TUESDAY, JANUARY 25, 1994

265

HB 1465. By Representatives Powell of the 23rd, Sinkfield of the 57th, Yeargin of the 90th and Harris of the 112th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to child custody proceedings, so as to provide for the investigation of allegations of child abuse by a party in any action or proceeding involving divorce or child cus tody.
Referred to the Committee on Children and Youth.
HB 1466. By Representatives Jamieson of the 22nd, Smith of the 109th, Parrish of the 144th, Parham of the 122nd and Porter of the 143rd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require that group accident and sickness insurance policies authorize cov ered individuals the option to seek direct service from a dermatologist.
Referred to the Committee on Insurance.
HB 1467. By Representatives Johnson of the 84th and Dickinson of the 83rd:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to provide for an additional type of environmentally sensitive property which may, if other wise qualified, qualify as bona fide conservation use property.
Referred to the Committee on Natural Resources & Environment.
HB 1469. By Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd, Johnson of the 97th, Davis of the 48th and others:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Anno tated, relating to rights of certain handicapped persons to be accompanied by guide or service dogs, so as to authorize certain trainers of such dogs to be accompanied by the dogs in the same manner in which the handicapped per sons may be accompanied by those dogs.
Referred to the Committee on Health & Ecology.

HB 1470. By Representatives Baker of the 70th, Teper of the 61st, Henson of the 65th, Lawrence of the 64th, Bunn of the 74th and others:
A bill to repeal an Act approved March 18, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitu tional amendment duly ratified at the 1966 general election (Res. Act No. 50) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal, establish sanitation districts, and levy assessments on residents and businesses served.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1471. By Representatives Streat of the 167th, Mobley of the 86th and Davis of the 48th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators and probationary drivers' licenses, so as to change the provisions relating to conditions under which a probationary driver's license may be issued.
Referred to the Committee on Motor Vehicles.

266

JOURNAL OF THE HOUSE,

HB 1472. By Representatives Bannister of the 77th, McBee of the 88th, Lawrence of the 64th, Atkins of the 29th and Stephenson of the 25th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation, so as to prohibit a proposed group self-insurance fund which has applied for a certificate of authority from taking any action as an insurer prior to the issuance of the certificate of authority.
Referred to the Committee on Insurance.

HB 1473. By Representatives Purcell of the 147th, Carter of the 166th, Oliver of the 154th, Groover of the 125th, Walker of the 141st and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to provide for toll free calling between two tele phones located within a standard metropolitan statistical area of the state.
Referred to the Committee on Industry.

HB 1474. By Representatives Jenkins of the 110th and Streat of the 167th:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to pleas of nolo contendere in cases of driving under the influence of alcohol or drugs, so as to change provisions relating to court orders in such cases; to change provisions relating to submission of evidence of satisfactory completion of a DUI Alcohol or Drug Use Risk Reduction Pro gram.
Referred to the Committee on Judiciary.

HB 1475. By Representatives Porter of the 143rd, Jamieson of the 22nd, Parham of the 122nd, Lawson of the 20th and Barfoot of the 155th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Administrative Procedure Act," so as to pro vide for an additional definition; to change the provisions and requirements relating to the adoption of rules.
Referred to the Committee on Special Judiciary.

HB 1476. By Representatives Porter of the 143rd, Barfoot of the 155th, Jamieson of the 22nd and Godbee of the 145th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Anno tated, relating to program weights to reflect funds for payment of salaries and benefits under the provisions of the Quality Basic Education Act, so as to reduce certain maximum class sizes; to require the construction or provi sion of facilities.
Referred to the Committee on Education.

HB 1477. By Representatives Ehrhart of the 36th, Johnston of the 81st and Davis of the 60th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide for stricter penalties for violations of this Code section.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 25, 1994

267

HB 1478. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Sinkfield of the 57th and others:
A bill to change provisions relating to compensation and allowances of mem bers of the General Assembly; to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of members of the General Assembly, so as to change provisions relating to per diem and travel allowances.
Referred to the Committee on Appropriations.

HB 1479. By Representatives Dobbs of the 92nd, Cauthorn of the 35th, Carrell of the 87th, Porter of the 143rd, Watts of the 26th and others:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.
Referred to the Committee on Judiciary.

HB 1480. By Representatives Jenkins of the 110th and Smith of the 109th:
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 repeal certain provisions regarding withholding tax on the sale or transfer of real property and associated tangible personal property by nonresidents.
Referred to the Committee on Ways & Means.

HB 1481. By Representatives Hughes of the 19th, Carrell of the 87th, Skipper of the 137th, Childers of the 13th, Williams of the 114th and others:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Anno tated, creating the Board of Human Resources, so as to prohibit certain lob byists from serving on that board and provide for vacancies thereon.
Referred to the Committee on Health & Ecology.

HB 1482. By Representatives Yeargin of the 90th, Bates of the 179th, Mobley of the 86th, Harris of the 17th, Dickinson of the 83rd and others:
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 authorize contracts between the Department of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering areas not within the territorial boundary of such regional development center.
Referred to the Committee on State Planning & Community Affairs.

HB 1483. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for superior court proceedings in places other than the courthouse.
Referred to the Committee on Judiciary.

268

JOURNAL OF THE HOUSE,

HB 1484. By Representative Irvin of the 45th:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide for the nonpartisan election of candidates for the Board of Commissioners of Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1485. By Representatives Irvin of the 45th, Lane of the 55th, Felton of the 43rd, Holmes of the 53rd, Teague of the 58th and others:
A bill to amend an Act completely and exhaustively revising the laws per taining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to regulate the receipt and investi gation of complaints or information from county employees concerning fraud, waste, and abuse in or relating to any county programs or operations.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 743. By Representatives Hembree of the 98th, Stancil of the 16th, Lawrence of the 64th, Smith of the 174th and Pinholster of the 15th:
A resolution urging the members of the Georgia delegation to the United States Congress to seek repeal of the National Voter Registration Act and to oppose future unfunded mandates from Congress to the states.
Referred to the Committee on Rules.

HR 744. By Representative Reaves of the 178th:
A resolution authorizing the conveyance of certain state-owned real property located in Brooks County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 745. By Representatives Bannister of the 77th, Wall of the 82nd, Brooks of the 103rd, Coleman of the 80th, Johnson of the 84th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for capital outlay projects for educational purposes.
Referred to the Committee on Ways & Means.

HR 746. By Representatives Holmes of the 53rd, Stanley of the 50th, Canty of the 52nd, Goodwin of the 79th and Cauthorn of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish a program of tax relief for persons who are 65 years of age or over, which program may include, without being limited to, ad valorem property tax exemptions and any type of income tax credits and rebates.
Referred to the Committee on Ways & Means.

HR 747. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Smith of the 174th, Ashe of the 46th and others:
A resolution proposing an amendment to the Constitution so as to provide for appearance and description of the state flag.
Referred to the Committee on Rules.

TUESDAY, JANUARY 25, 1994

269

HR 748. By Representatives Pinholster of the 15th, Stancil of the 16th, Harris of the 17th, Smith of the 174th and Dickinson of the 83rd:
A resolution proposing an amendment to the Constitution to authorize the General Assembly, by law, to prohibit the granting or to prescribe the terms and conditions for granting a pardon or parole to persons convicted of traf ficking in controlled substances or other illegal drugs in violation of the laws of this state.
Referred to the Committee on Judiciary.

HR 750. By Representatives Johnston of the 81st, Mobley of the 86th, Stephenson of the 25th, Wall of the 82nd, Breedlove of the 85th and others:
A resolution urging the Board of Commissioners of Gwinnett County to roll back the ad valorem tax millage rate in certain years when the tax digest increases in excess of a certain amount.
Referred to the Committee on Ways & Means.

HR 763. By Representatives Crews of the 78th, Campbell of the 42nd, Stancil of the 16th, Smith of the 174th, Johnston of the 81st and others:
A resolution proposing an amendment to the Constitution so as to provide for the election of the State Board of Education by members of the House of Representatives and Senate meeting in caucus and change the terms of the members of such board.
Referred to the Committee on Education.

HR 764. By Representatives Johnson of the 84th, Carrell of the 87th, Harris of the 112th, Williams of the 114th, Dobbs of the 92nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into a Property Owners' Compen sation Trust Fund; to provide that moneys in the fund shall be used exclu sively for the compensation of the owners of property the market value of which is reduced by land use restrictions imposed by state or local govern ment.
Referred to the Committee on Appropriations.

HR 765. By Representatives Ehrhart of the 36th, Johnston of the 81st and Kaye of the 37th:
A resolution proposing an amendment to the Constitution so as to provide that members of the State Board of Pardons and Paroles shall be elected rather than appointed; to provide that the chairman shall be appointed by the Governor.
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 1373 HB 1374 HB 1375

HB 1376 HB 1377 HB 1378

270

JOURNAL OF THE HOUSE,

HB 1379 HB 1380 HB 1381 HB 1382 HB 1384 HB 1385 HB 1386 HB 1387 HB 1388 HB 1389 HB 1390 HB 1391 HB 1392 HB 1393 HB 1394 HB 1395 HB 1396 HB 1397 HB 1398

HB 1399 HB 1400 HB 1401 HB 1402 HB 1403 HB 1404 HB 1405 HB 1406 HB 1407 HB 1408 HB 1409 HB 1410 HB 1411 HB 1468 HR 732 HR 735 SB 10 SB 199 SB 414

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1277 Do Pass, as Amended
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1372 Do Pass HB 1382 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

TUESDAY, JANUARY 25, 1994

271

HB 572 Do Pass, by Substitute HB 1254 Do Pass, by Substitute HB 1300 Do Pass, by Substitute

HB 1302 Do Pass, by Substitute HB 1303 Do Pass, by Substitute HB 1321 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 100th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 215 Do Pass HR 660 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 652 Do Pass, by Substitute HB 832 Do Pass HB 1080 Do Pass, by Substitute HB 1100 Do Pass

HB 1238 Do Pass, by Substitute HB 1228 Do Pass, by Substitute HB 1237 Do Pass, by Substitute

Respectfully submitted, /s/ Randall of the 127th
Chairman

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

Mr. Speaker:

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

HB 1289 Do Pass HB 1320 Do Pass HB 1323 Do Pass HB 1324 Do Pass

HB 1348 Do Pass HB 1349 Do Pass HB 1370 Do Pass

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

272

JOURNAL OF THE HOUSE,

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

HB 1289.

By Representatives McKinney of the 51st, Holmes of the 53rd, Davis of the 48th, Stanley of the 50th, Stanley of the 49th and others:
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; and for other pur poses".

The report 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 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1320.

By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to provide that primaries and elections for the members of the board shall be nonpartisan.

The report 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 0. The Bill, having received the requisite constitutional majority, was passed.
HB 1323. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to provide for the Board of Education of Wayne 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1324.

By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relating to the election of members of the board of commissioners; to change the commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1348.

By Representatives Watts of the 26th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Paulding County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

TUESDAY, JANUARY 25, 1994

273

The report 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 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1349.

By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to deannex and remove certain territory from the cor porate 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1370. By Representative Yates of the 106th:
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the commissioner districts in Spalding 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 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 386. By Senator Brown of the 26th:
A bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," as amended, so as to add certain definitions; to increase benefits pay able under the plan; to add a minimum pension of $200 per month; to pro vide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee contributions.
SB 419. By Senators Starr of the 44th, Coleman of the 1st and Clay of the 37th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to prohibit any person under the age of 21 from driving or being in actual physical control of a motor vehicle while such person's blood alcohol content is 0.02 grams or more.

274

JOURNAL OF THE HOUSE,

SB 421. By Senators Robinson of the 16th, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury, has been bound over to a court in the county having jurisdic tion to try the offense with a jury, and subsequently waives a trial by jury, the case shall be remanded to the same lower court form which it came for the trial of the case.

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

SB 386. By Senator Brown of the 26th:
A bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," as amended, so as to add certain definitions; to increase benefits pay able under the plan; to add a minimum pension of $200 per month; to pro vide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee contributions.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 417. By Senators Robinson of the 16th, Hill of the 4th, Perdue of the 18th, Marable of the 52nd and Clay of the 37th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to provide an effective date; to provide for applicability.
Referred to the Committee on Judiciary.

SB 419. By Senators Starr of the 44th, Coleman of the 1st and Clay of the 37th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to prohibit any person under the age of 21 from driving or being in actual physical control of a motor vehicle while such person's blood alcohol content is 0.02 grams or more.
Referred to the Committee on Judiciary.

SB 421. By Senators Robinson of the 16th, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury, has been bound over to a court in the county having jurisdic tion to try the offense with a jury, and subsequently waives a trial by jury, the case shall be remanded to the same lower court from which it came for the trial of the case.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 25, 1994

275

Representative Felton of the 43rd moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 805. By Representatives Felton of the 43rd, Lane of the 55th, Mobley of the 86th, Watts of the 26th and Lane of the 146th:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to incorporation of municipalities, so as to provide for legisla tive findings and authority; to provide for the creation of municipal charter commissions.

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

Y Ashe Atkins Bailey
N Baker
Y Bannister N Barfoot
Bargeron N Barnes Y Bates Y Benefield
Birdsong 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
N Carter Cauthorn
N Chambless N Chandler
Channel! N Childers Y Clark Y Coker E Coleman, B
Coleman, T

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

Howard
N Hudson N Hughes N Hugley Y Irvin N James Y Jamieson
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 Lane, D
Y Lane, R Y Lawrence Y Lawson NLee N Lewis
Lord N Lucas Y Maddox YMann N Martin N McBee N McClinton N McKinney Y Milam Y Mills

On the motion, the ayes were 74, nays 77.

The motion was lost.

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

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

Due to a mechanical malfunction, the vote of Representative Westmoreland of the 104th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Howard of the 118th and Bailey of the 93rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative 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.

Representative Chambless of the 163rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

276

JOURNAL OF THE HOUSE,

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

HR 766. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A resolution commending and recognizing Mr. George M. Abney and inviting him to appear and be recognized before the House of Representatives.

HR 769. By Representatives Purcell of the 147th, Floyd of the 172nd, Murphy of the 18th, Oliver of the 154th, Tillman of the 173rd and others:
A resolution commending and recognizing Major General Paul E. Blackwell, Commanding General, 24th Infantry Division (Mechanized) and Fort Stewart and inviting him to appear and be recognized before the House of Represen tatives.

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

HR 715. By Representative Williams of the 63rd:
A resolution commending the participants of the Metro Fast-Pitch Softball Tournament and inviting them to appear before the House of Representa tives.

HR 716. By Representatives Crews of the 78th, Birdsong of the 123rd, Bargeron of the 120th, Barfoot of the 155th, Purcell of the 9th and others:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day and inviting Major General William P. Bland to appear before the House of Representatives.

HR 733. By Representatives Stanley of the 50th, McKinney of the 51st, Stanley of the 49th, Davis of the 48th, Orrock of the 56th and others:
A resolution inviting Mayor Bill Campbell to appear before the House of Representatives.

HR 734. By Representatives Williams of the 63rd, Orrock of the 56th, Henson of the 65th and McBee of the 88th:
A resolution commending the Georgia Women's Intersport Network (GAWIN) and inviting the members thereof to appear before the House of Rep resentatives.

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

HB 1191.

By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change provisions relating to venue and jurisdiction over legal actions involving the authority.

TUESDAY, JANUARY 25, 1994

277

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
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 Y Bunn Y Burkhalter YByrd Y Campbell
Canty Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler
Channell Y Childers Y Clark
Coker E Coleman, B
Coleman, T

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

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

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett
Parham Parrish Patten E Pelote Perry Y Pinholster
YPoag Y Polak
Porter
Y Poston Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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, P Y Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Turnquest Y Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 135, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

HB 804. By Representative Buckner of the 95th:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for members retiring with more than 16 years of service.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for members retiring with more than 16 years of service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

278

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Anno tated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, is amended by striking in its entirety Code Section 47-13-70, relating to eligibility for retirement benefits and related matters, and inserting in lieu thereof the following:
"47-13-70. (a) A member who has obtained at least ten years of creditable service and who is at least 60 years of age shall be eligible to retire and receive a retirement benefit. The If a member retires with 16 years of creditable service or less, such member's retirement benefit shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 4 percent of the member's average annual compensation multiplied by the member's total number of years of creditable service; net te exceed i years. If a member retires with more than 16 years of service, such member's retirement shall be paid in equal monthly installments of an annual retire ment benefit computed on the basis of 64 percent plus 1^ percent per year for each year served after 16 years of service of the member's average annual compensation multiplied by the member's total number of years of creditable service, not to exceed 24 years. After obtaining at least ten years of creditable service, a member may cease to hold office as a district attorney prior to reaching age 60 and may begin receiving the monthly retirement benefit upon reaching age 60, if the member's contributions to the fund are not withdrawn.
(b) After obtaining 16 years of creditable service, a member who continues in service shall continue to make employee contributions to the fund, but the maximum retirement benefit shall be based on 16 years of creditable service. In the event a member continues in service after obtaining 16 years of creditable service, the member's 'average annual compensation' for purposes of computing the member's retirement benefit shall be com puted as provided in paragraph (3) of Code Section 47-13-2.
(c) The monthly contributions made by the employer on behalf of a district attorney under subsection (d) of Code Section 47-13-50 shall be included in the computation of the district attorney's average annual compensation for purposes of computing retire ment benefits.
(d) In order to retire under this Code section, a member shall submit written appli cation therefor to the board setting forth at what time, not less than 30 nor more than 90 days after the filing of such application, he or she desires to be retired.
(e) Any district attorney who retires under this chapter, while receiving retirement or disability benefits, shall not be eligible for election or appointment to any other office of this state for which compensation is paid. Any such district attorney, while receiving a retirement or disability benefit under this chapter, shall not engage in the private practice of criminal law."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Joyce of the 1st stated that he would like to be recorded as voting "nay" on HB 804.

TUESDAY, JANUARY 25, 1994

279

HB 807. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit under the Employees' Retirement Sys tem of Georgia, so as to provide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state agency shall be entitled to receive prior service credit for service rendered to such hospital authority.

The following Committee substitute was read and adopted:

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 pro vide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state agency shall be entitled to receive prior service credit for service rendered to such hospital authority; to provide for the pay ment of employer and employee contributions with interest thereon; to provide for matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit under the Employees' Retirement System of Georgia, is amended by inserting immediately following subsection (g) the following:
"(h) Anything in this chapter to the contrary notwithstanding, any active member who became a member of this retirement system prior to 1980 as a result of being trans ferred by operation of law or the action of a state agency from employment by a county hospital authority to employment by a state agency shall be entitled to receive prior ser vice credit for such member's last continuous period of employment with such county hospital authority immediately prior to such transfer, up to a maximum of ten years; provided, however, that in order to receive such creditable service the member shall pay the regular employer and employee contribution paid by or on behalf of him or her upon first becoming an employee of the state agency, plus 5 percent interest thereon, com pounded annually to date of payment; provided, further, that no such service shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allow ances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 92, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

280

JOURNAL OF THE HOUSE,

Representative Joyce of the 1st stated that he would like to be recorded as voting "nay" on HB 807.

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 Anno tated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a mem ber must make contributions for spouses' benefits.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Joyce of the 1st stated that he would like to be recorded as voting "nay" on HB 1020.

HB 1188.

By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Code Section 5-6-46 of the Official Code of Georgia Anno tated, relating to operation of notice of appeal as supersedeas in civil cases, so as to provide that the trial court may fix a supersedeas bond after a case is docketed with the appellate courts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1189. By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate court, so as to provide a uniform time frame within which both applications for interlocu tory and discretionary appeals will be decided.

The report 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 Tem assumed the Chair.

HB 565. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-4-42 of the Official Code of Georgia Anno tated, relating to the amount paid for redemption of property from the sale of such property for taxes, so as to change the amount required to be paid when a county, municipality, or other political subdivision purchases prop erty at a tax sale.

TUESDAY, JANUARY 25, 1994

281

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-4-42 of the Official Code of Georgia Annotated, relating to the amount paid for redemption of property from the sale of such property for taxes, so as to change the amount required to be paid when a county, municipality, or other political subdivision purchases property at a tax sale; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-4-42 of the Official Code of Georgia Annotated, relating to the amount paid for redemption of property from the sale of such property for taxes, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) In cases where a county, municipality, or other political subdivision purchases property at a tax sale, the amount required to be paid for redemption of property from any such sale for taxes as provided in this chapter, or the redemption price, shall be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus a premium of 20 percent of the amount for each year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made plus an amount equal to what the ad valorem taxes and penalty and interest, if any, on the property would have been absent the tax sale for each tax year between the date of the sale and the date on which the redemption payment is made. If redemption is not made until after the required notice has been given, there shall be added to the redemption price the sheriffs cost in connection with serving the notice, the cost of publication of the notice, if any, and the further sum of 20 percent of the amount paid for the property at the sale to cover the cost of making the necessary examinations to determine the persons upon whom notice should be served. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to his successors."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and it shall apply to all tax sales occurring on or after July 1, 1994.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 567. By Representatives Dover of the 9th, Royal of the 164th, Skipper of the 137th and Harris of the 112th:
A bill to amend Code Section 48-5-153 of the Official Code of Georgia Anno tated, relating to reports of unpaid taxes by tax collectors and tax commis sioners to the state revenue commissioner and to county governing authorities, so as to change the date of the final settlement period.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 1.

282

JOURNAL OF THE HOUSE,

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

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

The report 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 4.
The Bill, having received the requisite constitutional majority, was passed.

Representative Joyce of the 1st stated that he would like to be recorded as voting "nay" on HB 192.

HB 897. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Chandler of the 99th, Hembree of the 98th and others:
A bill to amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the presidential preference primary, so as to change certain provisions regarding the date on which such primary is to be conducted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1344.

By Representatives Greene of the 158th, Coleman of the 142nd, Stanley of the 50th, Pinholster of the 15th, Floyd of the 138th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to repeal the provisions relating to maximum charges for handling and selling leaf tobacco by warehousemen.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the provisions relat ing to maximum charges for handling and selling leaf tobacco by warehousemen; to pro vide for a short title; 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 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by striking Code Section 10-4-106 and inserting in lieu thereof a new Code Section 10-4-106 to read as follows:

TUESDAY, JANUARY 25, 1994

283

"10-4-106. The maximum charges and expenses of handling and selling leaf tobacco by warehousemen licensed under this part shall not exceed the following schedule, to wit:
(1) For auction fees, 15<t on all piles or sheets of 100 pounds or less and 25<C on all piles or sheets over 100 pounds;
(2) For weighing and handling, 10<t per pile or sheet for all piles or sheets of 100 pounds or less and 10<C for each additional 100 pounds;
(3) For commissions on the gross sales of leaf tobacco in said warehouses, not to exceed 3-%- 3 Vt percent of said gross sales."
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 99, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Carter of the 166th, Hudson of the 156th, Lawson of the 20th, Mills of the 21st and Ray of the 128th stated that they would like to be recorded as voting "nay" on HB 1344.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Industry and referred to the Committee on Health and Ecology.

SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th, Burton of the 5th, Blitch of the 7th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Anno tated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry.

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 929 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

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

284

JOURNAL OF THE HOUSE,

HB 1215 Do Pass, by Substitute HB 1298 Do Pass

P-espectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1142 Do Pass HB 1308 Do Pass, as Amended HB 1309 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1186 Do Pass, by Substitute HB 1190 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1221 Do Pass, by Substitute HB 1223 Do Pass HB 1233 Do Pass HB 1235 Do Pass HB 1283 Do Pass

HB 1342 Do Pass HB 1376 Do Pass HB 1386 Do Pass HB 1387 Do Pass HB 1399 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

TUESDAY, JANUARY 25, 1994

285

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1214 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman
Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

286

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 26, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe Atkins Bailey Baker Barfoot Bargeron Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks, T Brown Buck Bunn Burkhalter
Byrd Campbell
Canty
^arre"
TM"f
pf"-T,r"
Chandler
Channel!
Childers
Clark
Coker

Coleman, T Colwell Connell Cox Crawford Crews Culbreth Cummings Dickinson Dix Dixon, S Dobbs Ehrhart Epps Floyd, J.M Floyd, J.W Golden
Greene Groover
Hammond
Hanner
Harris, B
Harris, M
Hart
Heard
Hegstrom
Hembree
Holland

Howard Hughes Hugley James Johnson, D.H Johnson, E Johnson, G Johnson, J Johnston Jones Kaye Kinnamon Klein Ladd Lakly Lane, D Lawrence
Lawson Lee
Lewis
Lord
Mann
Martin
McBee
Milam
Mills
Mobley, B
Mobley, J

Moore Mosley Mueller O'Neal Padgett Parham Parrish Patten Perry Pinholster Poag Polak Powell Purcell, A Purcell, B Randolph Reaves
Reichert Roberts
Royal
Scoggins
Shanahan
Sherrill
Sh'PP
Skipper
Smith, C
Smith, P
Smith, T

Smith, V Smith, W Smyre Snow Stancil, F Stancil, S Stanley, L Stephenson Street Taylor Tillman Titus Towery Trense Turnquest Twiggs Vaughan
Walker 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 Teper of the 61st, Poston of the 3rd, Hudson of the 156th, Jamieson of the 22nd, Barnes of the 33rd, Bannister of the 77th, Godbee of the 145th, Brooks of the 103rd, Davis of the 60th, Lane of the 146th, Joyce of the 1st, Davis of the 48th, McClinton of the 68th, Goodwin of the 79th, Jenkins of the 110th, Smith of the 109th, Dixon of the 168th, Stanley of the 49th, Sinkfield of the 57th, Lucas of the 124th, Thomas of the 100th, Buckner of the 95th, Maddox of the 108th, Irvin of the 45th, Simpson of the 101st, Henson of the 65th and Teague of the 58th.
They wish to be recorded as present.

Prayer was offered by the Reverend Edward A. Herring, Pastor, Bethel United Meth odist Church, Dawsonville, 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.

WEDNESDAY, JANUARY 26, 1994

287

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1486. By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to pro vide that the term passenger vehicle includes pickup trucks or vehicles equipped for off-road use.
Referred to the Committee on Motor Vehicles.

HB 1487. By Representatives Poston of the 3rd, Purcell of the 9th, Buckner of the 95th, Davis of the 60th, Bunn of the 74th and others:
A bill to amend Code Section 16-6-5.1, relating to sexual assault against per sons in custody; sexual assault against a person detained or a patient in a hospital or other institution; and sexual assault by a practitioner of psychotherapy against a patient, so as to provide a definition; to prohibit cer tain sexual assaults.
Referred to the Committee on Judiciary.

HB 1488. By Representatives Culbreth of the 132nd, McBee of the 88th, Heard of the 89th and Ehrhart of the 36th:
A bill to amend Code Section 33-8-1 of the Official Code of Georgia Anno tated, relating to fees and charges generally associated with insurance, so as to provide that no filing fee is required for a refiling of certain documents with the Commissioner of Insurance if a fee was paid with the original filing.
Referred to the Committee on Insurance.

HB 1489. By Representatives Johnson of the 153rd, Culbreth of the 132nd, Royal of the 164th and Ladd of the 59th:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Anno tated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expira tion of such certificates and for their renegotiation and filing.
Referred to the Committee on Ways & Means.

288

JOURNAL OF THE HOUSE,

HB 1490. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1491. By Representative Purcell of the 147th:
A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said com missioners, so as to provide that the governing authority of Effingham County shall have authority to establish fines or periods of imprisonment, or both, in conformity with the laws of this state, as punishment for violations of ordinances and regulations.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1492. By Representatives Davis of the 48th, Stanley of the 50th and McKinney of the 51st:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to provide for a hearing to determine whether it is in the best interests of the child for the parental rights of a child who is in the custody of the Depart ment of Human Resources to be terminated.
Referred to the Committee on Children and Youth.

HB 1493. By Representatives Davis of the 48th, Stanley of the 50th and McKinney of the 51st:
A bill to amend Code Section 43-38-6 of the Official Code of Georgia Anno tated, relating to qualifications for a license to engage in the private detec tive or private security business, so as to change the requirements for licensure of private detective and private security businesses.
Referred to the Committee on Public Safety.

HB 1494. By Representatives Hegstrom of the 66th, Turnquest of the 73rd, Mobley of the 69th, Randolph of the 72nd, Polak of the 67th and others:
A bill to amend an Act authorizing and directing the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to change the provisions relating to the mem bership of the DeKalb County Community Relations Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1495. By Representative Buckner of the 95th:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the lottery for education, so as to provide that unclaimed prize money shall be transferred to the state treasury and designated as lottery proceeds; to prohibit gifts of lottery tickets or shares to minors.
Referred to the Committee on Industry.

WEDNESDAY, JANUARY 26, 1994

289

HB 1496. By Representatives Kinnamon of the 4th and Poag of the 6th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 1497. By Representative Jamieson of the 22nd:
A bill to amend an Act incorporating the City of Toccoa, so as to deannex and exclude certain property from the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1498. By Representatives Ehrhart of the 36th and Johnston of the 81st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for special colored license plates for persons convicted of the offense of driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.

HB 1499. By Representatives Cauthorn of the 35th and Barnes of the 33rd:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Anno tated, relating to deposit by sheriffs of certain funds in interest-bearing accounts, so as to provide that in certain counties sheriffs shall deposit cash bonds in interest-bearing trust accounts but shall not deposit cash reserves of professional bondspersons in such accounts.
Referred to the Committee on Judiciary.

HB 1500. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Barnes of the 33rd, Towery of the 30th and Klein of the 39th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for legislative intent; to create the Family Court of the Cobb Judicial Circuit as a pilot project of limited duration.
Referred to the Committee on Judiciary.

HB 1501. By Representatives Klein of the 39th, Thomas of the 100th, Campbell of the 42nd, Barnes of the 33rd, Cauthorn of the 35th and others:
A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports; to provide for admissibility of such medical reports.
Referred to the Committee on Judiciary.

HB 1502. By Representatives Baker of the 70th, Hammond of the 32nd, Cauthorn of the 35th, Simpson of the 101st, Campbell of the 42nd and others:
A bill to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to exempt limited liability companies doing business under their limited liability company names from the provisions of such part.
Referred to the Committee on Judiciary.

290

JOURNAL OF THE HOUSE,

HB 1503. By Representatives Crews of the 78th and Byrd of the 170th:
A bill to amend Code Section 50-27-10 of the Official Code of Georgia Anno tated, relating to procedures for regulating the conduct of lottery games, so as to limit the use of certain electronic or mechanical devices to sell lottery tickets or shares.
Referred to the Committee on Industry.

HB 1504. By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd, Cauthorn of the 35th, Vaughan of the 34th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to change the manner of appointment of members and alternate members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Ways & Means.

HB 1505. By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th, Watson of the 139th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to revise definitions; to pro vide for conditions which create rebuttable presumptions with regard to the causation of accidents and injuries or deaths.
Referred to the Committee on Industrial Relations.

HB 1506. By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd, Cauthorn of the 35th, Klein of the 39th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to creation of county boards of equalization, so as to provide for additional qualifications of members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Ways & Means.

HB 1507. By Representatives Lewis of the 14th, Carlisle of the 107th, Shanahan of the 10th, Byrd of the 170th, Smith of the 175th and others:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions regarding the state sales and use tax, so as to change the definition of "retail sale" with respect to certain sales or charges for rooms, lodgings, or accommodations.
Referred to the Committee on Ways & Means.

HB 1508. By Representatives Lewis of the 14th, Carlisle of the 107th, Smith of the 175th, Shanahan of the 10th, Byrd of the 170th and others:
A bill to amend Code Section 21-5-35 of the Official Code of Georgia Anno tated, relating to the acceptance of contributions during a legislative session by members of the General Assembly and public officers elected state wide, so as to provide that no candidate for membership in the General Assembly or that candidate's campaign committee or any candidate's campaign com mittee shall accept a contribution during a legislative session.
Referred to the Committee on Governmental Affairs.

WEDNESDAY, JANUARY 26, 1994

291

HB 1509. By Representatives Reichert of the 126th, Groover of the 125th, Walker of the 141st, Barnes of the 33rd and Hammond of the 32nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to prohibit subrogation agreements with regard to certain policies of insurance; to prohibit the reservation of rights of reimbursement with regard to certain policies of insurance.
Referred to the Committee on Judiciary.
HB 1510. By Representatives Brooks of the 54th, Howard of the 118th, McKinney of the 51st, Stanley of the 49th, Lucas of the 124th and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions relative to state government, so as to prohibit racial discrimination in any publicly funded program or activity.
Referred to the Committee on Appropriations.
HB 1511. By Representatives Burkhalter of the 41st, McKinney of the 51st, Lane of the 55th, Towery of the 30th, Atkins of the 29th and others:
A bill to amend Code Section 36-35-6 of the Official Code of Georgia Anno tated, relating to limitations upon municipal home rule powers, so as to pre vent the specification or recognition of certain familial or spousal relationships.
Referred to the Committee on Judiciary.

HB 1512. By Representative Hanner of the 159th:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Anno tated, relating to fish, so as to authorize the Board of Natural Resources to promulgate rules and regulations establishing the gear and methods allowed for bait shrimping; to provide for the sale of live bait shrimp between bait dealers.
Referred to the Committee on Game, Fish & Parks.
HB 1513. By Representative Hanner of the 159th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and size lim its of certain salt-water finfish species, so as to prohibit the taking or posses sion of a red drum salt-water finfish which is in excess of 27 inches in total length.
Referred to the Committee on Game, Fish & Parks.

HB 1514. By Representatives Stephenson of the 25th, Scoggins of the 24th, Mobley of the 86th, McBee of the 88th, Stancil of the 91st and others:
A bill to create the Upper Oconee Basin Water Authority.
Referred to the Committee on State Planning & Community Affairs.

HB 1515. By Representative Cox of the 160th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sickness insurance coverage for children; to provide for enforcement of acci dent and sickness insurance coverage for children and notice to employers.
Referred to the Committee on Judiciary.

292

JOURNAL OF THE HOUSE,

HR 767. By Representative Ehrhart of the 36th: A resolution compensating Mr. Louis Horn III.
Referred to the Committee on Appropriations.

HR 768. By Representative Parrish of the 144th: A resolution designating the Vendie Hudson Hooks, Sr., Memorial Highway.
Referred to the Committee on Transportation.

HR 770. By Representatives Brooks of the 54th, Howard of the 118th, McKinney of the 51st, Stanley of the 49th, Lucas of the 124th and others:
A resolution authorizing and directing the Department of Audits and Accounts to conduct a state-wide economic parity assessment study.
Referred to the Committee on Appropriations.

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

HB 1523. By Representatives Lucas of the 124th, Lane of the 146th, Coleman of the 142nd, Walker of the 141st and Groover of the 125th:
A bill to amend Code Section 50-8-11 of the Official Code of Georgia Anno tated, relating to the power of the Department of Community Affairs and the disposition of revenues, so as to direct the department to contract with and disburse funds to any consortium of institutions of higher education in the state created for the purpose of revitalizing rural economies and improving rural health care.
Referred to the Committee on Appropriations.

HB 1524. By Representatives Chambless of the 163rd, Thomas of the 100th, Bostick of the 165th and Hammond of the 32nd:
A bill to amend Code Section 49-4-153 of the Official Code of Georgia Anno tated, relating to administrative hearings and appeals pursuant to the "Geor gia Medical Assistance Act of 1977," judicial review, and contested cases involving imposition of remedial or punitive measure against a nursing facil ity, so as to provide that the commissioner of medical assistance on his or her own motion may review the initial decision.of the agency.
Referred to the Committee on Judiciary.

HB 1525. By Representatives Chambless of the 163rd, Bostick of the 165th, Reichert of the 126th and Snow of the 2nd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to pro vide that sovereign immunity extends to hospital authorities; to provide for exceptions and waivers thereof; to provide for reaffirmation and ratification of hospital authorities.
Referred to the Committee on Judiciary.

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

WEDNESDAY, JANUARY 26, 1994

293

HB 1412 HB 1413 HB 1414 HB 1415 HB 1416 HB 1417 HB 1418
rHlRB I14491n9 rHHlRBo 111444Z921U1
HR
HB M
HHRB 1144295^
HB 1427 HB 1428 HB 1429 HB 1430 HB 143 1 HB 1432 HB 1433 TrTHTHTTlJrBBTTDsJJ 1111//44()Q33o(56c; HHRB HB 1438 HB 1439 HB 1440 HB 1441 HB 1442 HB 1443
HR 1 AAA
HBB 1444466 UD I^^T HB 1447
HHBB 1U44498 HB 1450 HB 1451 HB 1452 HB 1453 HB 1454 HB 1455

HB 1456 HB 1457 HB 1458 HB 1459 HB 1460 HB 1461 HB 1462
THTTJ i1,4fcbqd THuJTpJ 1-, .4,,,,6.4.
" 1465
HB 1467
HTTBTJ 1..4,,6,,9 H TTBTJ 147
TM TM HR TM HR TM TM
THTTHTTTBBTDTJJ 111, /44A(Q78^9nf0t
TM TM TM TMTM "" ' 44
"" 745 HR 746
HTTRR 774, 7a HK ' 4e HR 7";n
HR 763 HK 764 HR 765 SB 386 SB 417 SB 419 SB 421

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1307 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

294

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 751 Do Pass HR 752 Do Pass HR 766 Do Pass
Respectfully submitted, Is,/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 238 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1407 Do Pass HB 1408 Do Pass HB 1410 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

HB 1407.

By Representative Yeargin of the 90th:
A bill to abolish the office of elected county surveyor of Elbert County; to provide for the appointment of said official by the county governing author ity.

WEDNESDAY, JANUARY 26, 1994

295

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1408. By Representative Yeargin of the 90th:
A bill to amend an Act providing for a Board of Commissioners for the County of Elbert, so as to change certain powers of the county administrator.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1410. 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 provide for certain technical and reference corrections.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Alien of the 2nd and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the construction and operation of the convention and trade center.

SB 451. By Senators Turner of the 8th, Broun of the 46th, Starr of the 44th, Middleton of the 50th, Day of the 48th and others:
A bill to amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, so as to provide a unified and orderly method for permitting nation-wide reciprocal banking; to revise definitions and references; to provide for acquisitions by Georgia banks or bank holding companies and out-of-state banks and bank holding companies requiring the approval of the commissioner of banking and finance.

296

JOURNAL OF THE HOUSE,

HB 286. By Representative Twiggs of the 8th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fireworks, so as to authorize persons permitted to conduct fireworks displays to retain and store such fireworks under certain circumstances; to provide for regulation of such storage of fireworks.

SB 425. By Senators Balfour of the 9th and Tysinger of the 41st:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors; to provide an effective date.

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

SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Alien of the 2nd and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the construction and operation of the convention and trade center.
Referred to the Committee on Industry.

SB 425. By Senators Balfour of the 9th and Tysinger of the 41st:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors; to provide an effective date.
Referred to the Committee on Industry.

SB 451. By Senators Turner of the 8th, Broun of the 46th, Starr of the 44th, Middleton of the 50th, Day of the 48th and others:
A bill to amend Part 19 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to regional interstate banking, so as to provide a unified and orderly method for permitting nation-wide reciprocal banking; to revise definitions and references; to provide for acquisitions by Georgia banks or bank holding companies and out-of-state banks and bank holding companies requiring the approval of the commissioner of banking and finance.
Referred to the Committee on Banks & Banking.

Representative Hembree of the 98th arose to a point of personal privilege and addressed the House.

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

WEDNESDAY, JANUARY 26, 1994

297

HR 766. By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A resolution commending and recognizing Mr. George M. Abney and inviting him to appear and be recognized before the House of Representatives.

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

HR 772. By Representatives Maddox of the 108th, Carlisle of the 107th and Smith of the 109th:
A resolution commending the Stockbridge High School Naval Junior Reserve Officers' Training Corps and inviting the unit and the unit instructors to appear before the House of Representatives.

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

HB 685. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Code Section 47-2-317 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System by offi cers and employees of the Georgia Agrirama Development Authority, so as to provide that such persons may purchase creditable service for service with such authority rendered prior to the date such persons became members of the retirement system.

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
Bannister Barfoot Y Bargeron N Barnes Y Bates
Y Benefield Y Birdsong Y" Bordeaux Y Bostick
Breedlove N Brooks, D Y Brooks, T
Y Brown Y Buck
Buckner
N Bunn Y Burkhalter Y Byrd Y Campbell
Canty Carlisle Y Carrell Y Carter Cauthorn Y Chambless Y Chandler Y Channel! N Childers

N Clark Y Coker E 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 Dix
Y Dixon, H Y Dixon, S
Dobbs N Ehrhart Y Epps E Evans
Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B

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

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

Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves
Reichert
Y Roberts Y Royal
Scoggins Y Shanahan
Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper
N Smith, C Y Smith, L Y Smith, P
Smith, T N Smith, V
Smith, W
Smyre YSnow
Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague

298

JOURNAL OF THE HOUSE,

Y Teper Y Thomas
Tillman
Y Titus

Towery Y Trense Y Turnquest
Y Twiggs

N Vaughan Y Walker Y Wall
Y Watson

Watts N Westmorland Y White
Y Williams, B

Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 119, nays 25. The Bill, having received the requisite constitutional majority, was passed.

Representatives Bannister of the 77th, Buckner of the 95th, Reichert of the 126th and Tillman of the 173rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Dix of the 76th 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 Ashe of the 46th stated that she inadvertently voted "aye" on the pre ceding roll call. She wished to be recorded as voting "nay" thereon.

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.

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

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

Y Coker E Coleman, B Y Coleman, T Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M
Dickinson N Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps E Evans
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 Y Hart

Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J N Johnston
Jones Y Joyce Y Kaye
Y Kinnamon Y Klein
Y Ladd N Lakly Y Lane, D Y Lane, R
Lawrence Y Lawson Y Lee Y Lewis Y Lord

Y Lucas N Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J N Moore Y Mosley N Mueller Y Oliver Y O'Neal Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote
Y Perry Pinholster
Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph

Y Ray Y Reaves
Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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
Stancil, S
Y Stanley, L Y Stanley, P
Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery

WEDNESDAY, JANUARY 26, 1994

299

Y Trense Y Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall

Y Watson Y Watts N Westmoreland

Y White Williams, B Williams, R

N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 139, nays 10. The Bill, having received the requisite constitutional majority, was passed.

Representatives Buckner of the 95th, James of the 140th and Tillman of the 173rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 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.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, 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; to authorize certain mem bers to obtain service credit for prior service; to provide that members shall be barred from receiving service credit for periods during which contributions are not timely paid; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Anno tated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety paragraph (4) of Code Section 47-11-40, relating to membership in the fund and related matters, which reads as follows:
"(4) As to judges of the probate court, notwithstanding any other provisions to the contrary, any judge of the probate court who may have served as much as 12 months as such judge of the probate court of any county but who may have failed to make application for membership in the fund may apply for and be admitted as a member of the fund at any time but shall not be entitled to claim or receive credit toward retire ment for any time served prior to the date the application for membership is received in the office of the secretary-treasurer;", and inserting in lieu thereof the following:
"(4) (A) Any person who on July 1, 1994, has been eligible for membership in the fund for at least 12 months immediately preceding that date and who has never joined the fund may join or rejoin the fund by complying with all relevant provisions of this Code section; provided, however, that such person must make application to the board of trustees not later than June 30, 1995, or forever be barred from receiving credit toward retirement for any time served prior to the date any application for member ship is received in the office of the secretary-treasurer.
(B) Any person who becomes a member pursuant to subparagraph (A) of this par agraph shall be entitled to obtain service credit for any period during which such per son was eligible for membership. Any person who is a member on July 1, 1994, and

300

JOURNAL OF THE HOUSE,

who has failed to obtain service credit for any period of service as a probate judge may receive service credit for such period for which service credit has not been awarded. Such service credit may be obtained not later than June 30, 1995, by com plying with the provisions of paragraphs (5) and (6) of this Code section;"
Section 2. Said article is further amended by inserting following Code Section 47-11-40 the following:
"47-11-41. No member shall receive service credit for any calendar year in which an arrearage exists on December 31 in the payment of dues required by Code Section 47-11-40 or the portion of the collected revenues required to be paid to the fund by Article 4 of this chapter."
Section 3. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot
Bargeron Y Barries
Y Bates Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck
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 E Coleraan, 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 Ehrhart YEpps E Evans
Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Goodwin Y Greene
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 Hudson
Y Hughes Y Hugley
Y Irvin 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 Kinnamun Y Klein YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry
Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Y Smyre YSnow
Stancil, F Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas
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
Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

WEDNESDAY, JANUARY 26, 1994

301

Representatives Buckner of the 95th, James of the 140th and Tillman of the 173rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1311.

By Representatives Cox of the 160th, Royal of the 164th and Bates of the 179th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior court, so as to change the terms of the Decatur County and Mitchell County Superior Courts.

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 Y Brooks, T Y Brown Y Buck 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
E 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
Dixon, H Dixon, S Dobbs Y Ehrhart Y Epps E 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 Y Henson Y Holland Y Holmes

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

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan
Sherrill Y Shipp
Y Simpson Y Sinkfield
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 Streat Y Taylor
Teague Y Teper Y Thomas 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
Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative 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.

HB 1383.

By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Cummings of the 27th:
A bill to amend Code Section 47-3-41 of the Official Code of Georgia Anno tated, relating to the annuity savings fund of the Teachers Retirement Sys tem of Georgia, so as to provide that the board of trustees of such retirement system shall establish the percentage of the salaries of the members of such system which shall be paid to the system as employee contributions.

302

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
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 E 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 Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Y Epps E 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 Irvin
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 Y Lucas Y Maddox Y Mann
Martin Y McBee
Y McClinton Y McKinney
Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten
E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Powell
Y Purcell, A Y Purcell, B Y 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 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
Y Teague Y Teper
Y Thomas Y Tillman
Titus Y Towery Y Trense
Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts
Y Westmorland White
Y Williams, B Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative James of the 140th 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 1178.

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 establish the territorial boundaries of operation for regional development centers.

The following Committee substitute was read:

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 establish the territorial boundaries of operation for regional development centers; to change the definition of certain terms; to change the provisions relating to the authority of the Board of Community Affairs with respect to the regions of operation for regional development centers; to clarify the provi sions relating to the procedures required in altering the boundaries of operation for

WEDNESDAY, JANUARY 26, 1994

303

regional development centers; to change the provisions relating to the boards of regional development centers; to provide for the transition of membership on boards of regional development centers in cases where counties have been relocated to another region; to pro vide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking in its entirety paragraph (19) of subsection (a) of Code Section 50-8-2, relating to definitions applicable to general provisions concerning the Department of Community Affairs, and inserting in lieu thereof a new paragraph (19) to read as follows:
"(19) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established are established in Code Section 50-8-32 or as such boundaries may be altered from time to time by the board in accordance with the provisions of subsection (f) of Code Section 50-8-4."
Section 2. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 50-8-4, relating to the Board of Community Affairs, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The board shall determine and establish may, from time to time, alter the terri torial boundaries for the region of operation by for each regional development center; provided, however, any action of the board altering the boundaries of a regional develop ment center shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. T-he boundaries ef each region shall be established ini tially se that, fer the period through June 30; 1000, each region wtH cover the same tcrri-
end development commission in effect en June 867 1080. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality ef the foregoing, the board shall establish the boundaries ef- any region for which a metropolitan area planning and
regional development center."
Section 3. Said chapter is further amended by striking in its entirety paragraph (21) of Code Section 50-8-31, relating to definitions applicable to regional development centers, and inserting in lieu thereof a new paragraph (21) to read as follows:
"(21) 'Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established are established in Code Section 50-8-32 or as such boundaries may be altered from time to time by the board ef the department Board of Community Affairs in accordance with the provisions of subsection (f) of Code Section 50-8-4."
Section 4. Said chapter is further amended by striking in its entirety Code Section 50-8-32, relating to the creation of regional development centers, and inserting in lieu thereof a new Code Section 50-8-32 to read as follows:
"50-8-32. (a) Regional development centers are created and established as public agencies and instrumentalities of their members which shall facilitate coordinated and comprehensive planning in conformity with minimum standards and procedures estab lished pursuant to law. Each such agency and instrumentality shall be known as a regional development center and shall be designated, by name for all purposes, with such identifying words before the term 'regional development center' as the board may; f-rem time te time in accordance with the provisions ef subsection {} ef Code Section 60-8-4, choose and designate by official action. The number of regional development cen ters and the region within which each regional development center shall operate shall may be established altered from time to time by the beard ef community affairs Board

304

JOURNAL OF THE HOUSE,

of Community Affairs in accordance with the provisions of subsection (f) of Code Sec tion 50-8-4. The board ef community affairs shall initially establish the boundaries ef-

planning ad development commission m effect en June 30? 1080. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality ef- the foregoing, trie Doflrd of cowim un ity flitflirs snflll cstsolisri tnc ootiflusPICS of ftny pc^ioft top wfticii et metropolitan area planning and development commission, created pursuant te Article 4 ef-this chapter, atee serves as the regional development center.
(b) The boundaries of each region are initially established as follows: Region 1 -- The Counties of Bartow, Catoosa, Chattooga, Dade, Fannin, Floyd, Gil-
mer, Gordon, Haralson, Murray, Paulding, Pickens, Polk, Walker, and Whitfield; Region 2 -- The Counties of Banks, Dawson, Forsyth, Franklin, Habersham, Hall,
Hart, Lumpkin, Rabun, Stephens, Towns, Union, and White; Region 3 -- The Counties of Cherokee, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, Henry, and Rockdale; Region 4 -- The Counties of Barrow, Clarke, Elbert, Greene, Jackson, Madison,
Morgan, Newton, Oconee, Oglethorpe, and Walton; Region 5 -- The Counties of Carroll, Coweta, Heard, Lamar, Meriwether, Pike,
Spalding, Troup, and Upson; Region 6 -- The Counties of Baldwin, Bibb, Butts, Crawford, Houston,
Jones, Monroe, Peach, Putnam, Twiggs, and Wilkinson; Region 7 -- The Counties of Burke, Columbia, Emanuel, Glascock, Hancock, Jeffer
son, Jenkins, Johnson, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes;
Region 8 -- The Counties of Chattahoochee, Clay, Crisp, Dooly, Harris, Macon, Marion, Muscogee, Quitman, Randolph, Schley, Stewart, Sumter, Talbot, Taylor, and Webster;
Region 9 -- The Counties of Baker, Calhouna Colquitt, Decatur, Dougherty, Early, Grady, Lee, Miller, Mitchell, Seminole, Terrell, Thomas, and Worth;
Region 10 -- The Counties of Ben Hill, Berrien, Brooks, Cook, Echols, Irwin, Lanier, Lowndes, Tift, and Turner;
Region 11 -- The Counties of Appling, Atkinson, Bacon, Brantley, Charlton, Clinch, Coffee, Jeff Davis, Pierce, Ware, and Wayne;
Region 12 -- The Counties of Bleckley, Dodge, Laurens, Montgomery, Pulaski, Telfair, Toombs, Treutlen, Wheeler, and Wilcox; and
Region 13 -- The Counties of Bryan, Bulloch, Camden, Candler, Chatham, Effingham, Evans, Glynn, Liberty, Long, Mclntosh, and Tattnall."
Section 5. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 50-8-34, relating to the boards of regional development centers, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) At the next regular meeting of each regional development center board held not less than 30 days following July 1, W98 1995, the chairperson of each regional develop ment center board shall convene a meeting of the present membership of such board for the purpose of amending the regional development center's bylaws to provide for the election of the initial regional development center board in accordance with the provi sions of paragraph (1) of this subsection and Code Section 50-8-32. Not less than 30 nor more than 60 days following the adoption of such amended bylaws, the chairperson of each regional development center board shall convene a meeting of the present member ship of each regional development center board to elect the initial regional development center board in accordance with the provisions of such amended bylaws. The terms of office of initial regional development center board members selected pursuant to this subsection shall commence upon such date and time as specified in the amended regional development center's bylaws. For the purposes of this paragraph, in cases where a county is in a newly established region pursuant to Code Section 50-8-32, members of a board representing the county in the former region shall be included in the present

WEDNESDAY, JANUARY 26, 1994

305

membership of the board in the newly established region but shall no longer be mem bers of the board of the former region."
Section 6. This Act shall become effective on July 1, 1995.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representative Smith of the 109th moves to amend the Committee substitute to HB 1178 by inserting on line 1 of page 5 between the words "of and "Carroll" the following:
"Butts,".
By striking from line 5 of page 5 the word and symbol "Butts,".
The following amendment was read and adopted:
Representative Byrd of the 170th moves to amend the Committee substitute to HB 1178 by striking line 4 of page 1 and inserting in lieu thereof the following:
"boundaries of operation for regional development centers; to provide for a regional development center office, staff, and functions in Baxley; to".
By striking line 24 of page 5 and inserting the following:
"Coffee, Jeff Davis, Pierce, Ware, and Wayne; provided, however, that this region shall maintain a headquarters or satellite office in the City of Baxley, which shall have a staff of not less than one-half the number of persons employed in the regional devel opment center office in Baxley as of January 24, 1993, and which shall administer pro grams and services relating to the Job Partnership Training Act and the Agency on the Aging for the counties of this region and which may continue to provide such programs and services for the counties which were former members of the Altamaha Regional Development Center;".

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

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

Y Burkhalter Y Byrd Y Campbell
Canty N Carlisle
Y Carrell Y Carter Y Cauthorn N Chambless Y Chandler
Y Channel! N Childers N Clark N Coker E Coleman, B
Y Coleman, T Y Colwell
Y Connell Y Cox N Crawford

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

Y Groover Y Hammond N 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 N Hughes
Y Hugley Y Irvin
N James Y Jamieson Y Jenkins

Johnson, D.H Y Johnson, E N Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce N Kaye N Kinnamon N Klein
Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Y Lawson N Lee
N Lewis Y Lord
Lucas

306

JOURNAL OF THE HOUSE,

N Maddox N Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley N Mueller
Oliver Y O'Neal
Orrock

Y Padgett Y Parham Y Parrish
Y Patten E Pelote N Perry Y Pinholster N Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph

YRay Y Reaves N Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield N Skipper Y Smith, C N 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, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus

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

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jenkins of the 110th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Reichert of the 126th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1178 was ordered immediately transmitted to the Senate.

HB 1281.

By Representative Randall of the 127th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.

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 N Breedlove Y Brooks, D Y Brooks, T

Y Brown YBuck Y Buckner Y Bunn
N 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 E Coleman, B Y 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

Y Dixon, S
Dobbs Y Ehrhart YEpps E Evans
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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson
Jenkins

WEDNESDAY, JANUARY 26, 1994

307

Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye
Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis YLord
Y Lucas

Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten

E Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
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 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, P Y Stephenson
Y Streat Y Taylor Y Teague

Y Teper
Y Thomas Y Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Watts Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y 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.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 670. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to pro vide that county probation and intake employees who are by law transferred to the Department of Children and Youth Services and who prior to such transfer were members of a local retirement system may transfer credit for such prior service.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, so as to provide that if a retired member dies before the total retirement allowance paid to him or her equals the total amount of the member's contributions to the retirement system, the difference shall be paid to a person designated by the member or to the member's estate; to provide conditions for an effective date and automatic repeal; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Upon service retirement, a member shall receive a service retirement allowance which shall consist of:
(1) An annuity which shall be the actuarial equivalent of his a member's accumu lated contributions at the time of his- retirement;
(2) A pension equal to the annuity allowable at age of retirement, but not to exceed an annuity which would have been allowed at age 65, which pension shall be

308

JOURNAL OF THE HOUSE,

computed on the basis of Iris a member's contributions made prior to attaining age 65, provided that any member may continue his contributions after attaining 65 years of age, and by so doing shall receive membership service credit for such period of time, which shall be used in the computation of retirement allowances; and
(3) If he a member has a prior service certificate in full force and effect, an addi tional pension which shall be equal to the annuity allowable at the age of retirement, provided that such pension does not exceed the annuity which would have been allow able at age 65 by more than twice the amount of his such member's prior service accu mulations as defined in Code Section 47-2-96j with regular interest on such amount as may be from time to time in effect, which interest shall be figured from the date of establishment until the earlier of the date of his retirement or the date on which he such member attains 65 years of age. Upon the death of the retired member, all monthly benefits shall cease as of the end of the month in which the retired member died. If the total monthly benefits paid at the time of the retired member's death are less than the accumulated contributions at the time of such member's retirement, the difference between the benefits paid and such accumulated contributions shall be refunded to the person who has been designated in writing by the retired member or to the retired member's estate if no such person has been designated or if such designated person has predeceased the retired member. This subsection shall not apply when an optional allowance has been selected b^ the member under Code Section 47-2-121."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the 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 N 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 E Coleman, B Y Coleman, T
Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Y Dobbs Ehrhart
Y Epps E Evans
Felton 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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce N Kaye Y Kinnamon Y Klein

Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam N Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten

E Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan
Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

WEDNESDAY, JANUARY 26, 1994

309

Y Smyre
Y Snow Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas

Y Tillman
Y Titus 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 156, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1215.

By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
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 change provisions relating to nonpartisan elections for local government offices.

The following Committee substitute 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 provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 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 2 offices of local school boards^ 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 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 primariesj 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 nomination^ if applicable, and elec tion of candidates to fill county offices shall conform to the general procedures govern ing nonpartisan primariesj if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primaries2 if applicable, and nonpartisan elections shall

310

JOURNAL OF THE HOUSE,

be conducted in accordance with the applicable provisions of this chapter, notwithstand ing the provisions of any existing local law."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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 Ehrhart
YEpps E Evans Y Felton
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 Irvin
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
Lee Lewis
YLord Y Lucas Y Maddox Y Mann
Martin Y McBee N McClinton
McKinney Milam Y Mills

Y Mobley, B
Mobley, J Y Moore
Mosley Y Mueller Y Oliver
O'Neal
Orrock Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow
Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Tillman
Y Titus 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 142, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Davis of the 60th and Tillman of the 173rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1298.

By Representative Buck of the 135th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclo sure, so as to provide for the applicability of such provisions to certain activi ties relating to the influencing of certain actions of certain local public officers and employees.

WEDNESDAY, JANUARY 26, 1994

311

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
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 E 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 Dobbs
Y Ehrhart YEpps E Evans Y Felton
Floyd, J.M Floyd, J.W
Y Godbee Y Golden Y Goodwin Y Greene N Groover
Hammond Manner Y Harris, B
Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

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

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B
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 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 Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
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 passage of the Bill, the ayes were 157, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 1214.

By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and Hugley of the 133rd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Anno tated, relating to the county where a motor vehicle is returned for ad valo rem tax purposes, so as to specify a criminal penalty for certain false statements in connection with such return.

The following amendment was read and adopted:

Representative Walker of the 141st moves to amend HB 1214 as follows: By deleting the words "or in any return of such vehicle" on line 26, page 1.

The following amendment was read and adopted:

Representative Ladd of the 59th moves to amend HB 1214 as follows: Line 22 add the word "knowingly" before the word make.

312

JOURNAL OF THE HOUSE,

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

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 N Breedlove Y Brooks. D
Brooks, T Y Brown YBuck
Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell
N Carter Cauthorn
Y Chambless Y Chandler Y Channell
Childers Y Clark Y Coker E 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 Ehrhart Y Epps E Evans
Felton 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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes

Y Howard Y Hudson N Hughes Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin
Y McBee McClinton
Y McKinney 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 E Pelote Y Perry Y Pinholster
Y Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
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 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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Y Turnquest N 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 154, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Lord of the 121st moved that the following Bill of the House be recommitted to the Committee on Insurance.

HB 1307.

By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain changes in the manner in which the Commissioner of Insurance handles rate filings.

The motion prevailed.

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

HB 1190.

By Representatives Walker of the 141st, Groover of the 125th and Lakly of the 105th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to crimes and offenses, Title 20, relating to education, and Title 36, relating to local government, so as to change the provisions relating to the powers and duties of grand juries; to provide for the powers and duties of the chief judge of the superior court of each county.

WEDNESDAY, JANUARY 26, 1994

313

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HB 1190 as follows: Add after "may" on line 16 p 3: "and shall on application by the Grand Jury".

The following amendment was read and adopted:

Representative Crawford of the 129th moves to amend HB 1190 as follows:
To strike the words "Chief Judge" replace with "any Superior Court Judge" wherever "Chief Judge" appears.

The following amendment was read and lost:

Representative Hart of the 116th moves to amend HB 1190 by striking line 13 of page 4 and inserting in lieu thereof the following:
"counting.
(d) On and after July 1, 1994, no grand jury shall have or exercise any responsibility for or power or duty of oversight over any privately created trust or trust fund or any private property nor shall any grand jury have any power or duty to accept or examine receipts or audits of any such trust fund or private property.'"

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

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

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

Y Heard Y Hegstrom N Hembree
Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin
Y James Jamieson
N Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G N Johnson, J N Johnston Y Jones N Jovce N Ka'ye
Y Kinnamon Y Klein NLadd Y Lakly
Y Lane, D Y Lane, R N Lawrence Y Lawson YLee Y Lewis YLord

Y Lucas N Maddox N Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam N Mills Y Mobley, B
Y Mobley, J N Moore N Mosley N Mueller
Y Oliver Y O'Neal
Orrock Y Padgett
Parham Y Parrish Y Patten E Pelote
Y Perry N Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 Skipper
Smith, C Y Smith, L Y Smith, P N Smith, T N Smith, V N Smith, W
Y Smyre YSnow
Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague N Teper Y Thomas Y Tillman Y Titus Y Towery

314

JOURNAL OF THE HOUSE,

Y Trense
Y Turnquest Y Twiggs

Y Vaughan
Y Walker Y Wall

Y Watson
Y Watts N Westmorland

N White
N Williams, B Y Williams, R

Y Yates
Y Yeargin Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 131, nays 37.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to a mechanical malfunction, the vote of Representative Culbreth of the 132nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Streat of the 167th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Dix of the 76th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1228. By Representatives Klein of the 39th, Atkins of the 29th, Kinnamon of the 4th, Golden of the 177th and Dix of the 76th:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of videotapes made by law enforcement officers as evi dence.

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Anno tated, relating to particular matters of proof, so as to provide for the admissibility of videotapes made by law enforcement officers as evidence; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Anno tated, relating to particular matters of proof, is amended by adding a new Code section at the end thereof to read as follows:
"24-4-48. (a) Videotapes made by law enforcement officers depicting motor vehicle or traffic violations shall be admissible into evidence in cases involving such charges when such videotapes are properly authenticated.
(b) Upon a showing of good cause, testimony that a videotape is an accurate depic tion of a person, scene, or event observed by a law enforcement officer witness shall not be required for authentication of such videotape. A videotape may be authenticated if the videotape displays the date and time of the event shown and if there is testimony by an expert witness that the videotape has not been altered.
(c) This Code section shall be supplementary to any other statutes and lawful meth ods of introduction into evidence of videotapes existing in this 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.

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

WEDNESDAY, JANUARY 26, 1994

315

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 Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker E 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 Ehrhart YEpps E Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin
Greene Y Groover
Y Hammond Y Manner
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 Irvin Y James Y Jamieson
Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox
YMann Y Martin
Y McBee Y McClinton
McKinney 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 E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
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 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, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas
Y Tillman Y Titus Y Towery Y Trense
Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
Y Westmorland Y White
Williams, B Y Williams, R Y Yates
Y Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1228 was ordered immediately transmitted to the Senate.

The following Resolutions of the House were read and adopted:

HR 749. By Representatives Greene of the 158th and Skipper of the 137th:
A resolution designating Buena Vista and Marion County as the official site of the Georgia Chicken Cookin' Championship and the Southern Foods Festi val.

HR 771. By Representatives Lane of the 55th, Cummings of the 27th, Mobley of the 86th and Dixon of the 150th:
A resolution recognizing the month of May, 1994, as "Motorcycle Awareness and You Month" in Georgia.

HR 777. By Representatives Teague of the 58th and McKinney of the 51st: A resolution recognizing Janet Weeks.

316

JOURNAL OF THE HOUSE,

HR 778. By Representatives Teague of the 58th, McKinney of the 51st and Brooks of the 54th:
A resolution commending the Old National Athletic Association Youth Football Program.

HR 779. By Representatives Maddox of the 108th, Smith of the 109th and Carlisle of the 107th:
A resolution commending Jason Kristopher Poole.

HR 780. By Representatives Teague of the 58th, Brooks of the 54th, Brown of the 117th, Howard of the 118th, Lane of the 55th and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".

HR 781. By Representatives Poston of the 3rd, Murphy of the 18th, Walker of the 141st, Groover of the 125th, Stancil of the 16th and others:
A resolution commending Sam Daffron.

HR 782. By Representatives Brooks of the 54th, Howard of the 118th, McKinney of the 51st, Stanley of the 49th, Lucas of the 124th and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".

HR 783. By Representatives Johnson of the 97th, Bailey of the 93rd, Benefield of the 96th, Lee of the 94th and Buckner of the 95th:
A resolution commending Lovejoy High School.

HR 784. By Representatives Johnson of the 153rd, Dixon of the 150th, Bordeaux of the 151st, Mueller of the 152nd and Johnson of the 148th:
A resolution commending the Savannah Cardinals.

HR 785. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Hugley of the 133rd and Taylor of the 134th:
A resolution commending Gerry Bosch.

HR 786. By Representatives Hugley of the 133rd, Taylor of the 134th, Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others:
A resolution commending Mr. Darrion Mitchell.

HR 787. By Representative Brooks of the 54th: A resolution expressing regret at the passing of Emma Jean Wheeler.

HR 788. By Representatives Titus of the 180th, Reaves of the 178th, Bates of the 179th and Royal of the 164th:
A resolution recognizing Charlie Ward, Jr.

WEDNESDAY, JANUARY 26, 1994

317

HR 789. By Representatives Godbee of the 145th and Lane of the 146th: A resolution commending Southeast Bulloch High School.

HR 790. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A resolution commending the West Bainbridge Middle School Band.

HR 791. By Representative Cox of the 160th: A resolution designating Swamp Gravy as Georgia's Official Folklife Play.

HR 792. By Representatives Buckner of the 95th, Lee of the 94th, Benefield of the 96th and Bailey of the 93rd:
A resolution commending Mr. Eddie J. White.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1256 Do Pass, as Amended HB 1330 Do Pass, as Amended SB 20 Do Pass, by Substitute

SB 199 Do Pass, as Amended SB 312 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Res olution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 837 Do Pass, by Substitute HB 866 Do Pass HB 1194 Do Pass, by Substitute HB 1357 Do Pass, by Substitute

HB 1379 Do Pass HB 1411 Do Pass, by Substitute HR 705 Do Pass HB 965 Do Pass, by Substitute

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

318

JOURNAL OF THE HOUSE,

Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1337 Do Pass, as Amended SB 12 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:

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

SB 149 Do Pass, by Substitute HB 1415 Do Pass

HB 1451 Do Pass HB 1452 Do Pass, as Amended

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

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

THURSDAY, JANUARY 27, 1994

319

Representative Hall, Atlanta, Georgia Thursday, January 27, 1994

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:

Atkins
Baker Barfoot
Bargeron Barnes Benefield
Birdsong Bordeaux Bostick Breedlove Brooks, D Brooks, T Buck
Buckner Burkhalter
Byrd Campbell Carrell Carter Cauthorn Channel! Childers Clark Coker Coleman, T Connell

Cox
Crawford
Crews
Culbreth Cummings Dickinson Dix Dixon, H
Dixon, S
Ehrhart
Epps Felton Floyd, J.M Floyd, J.W Godbee Greene Groover Hammond Manner Harris, B Harris, M Heard Hegstrom Holland Howard Hudson

Hugley James Jamieson Jenkins Johnson, E
Johnson, G Johnson, J Johnston Jones Kaye Kinnamon Klein Lakly Lane, D Lane, R Lawrence Lee Lewis Lord Maddox Mann McBee
Milam
Mills Mobley, B
Mobley, J

Moore Mosley Mueller Oliver O'Neal
Padgett Parham
Parrish Patten Poag Polak Powell Purcell, A Purcell, B Randolph Reaves Reichert Roberts Royal Scoggins Shanahan Sherrill Shipp Sinkfield Skipper Smith, C

Smith, L Smith, P Smith, T Smith, V Smith, W Smyre Snow Standl, F Stancil, S Stanley, L Stephenson Taylor Teague
Teper
Titus
Trense
Turnquest
Vaughan
Wall
Watson
Watts
Westmoreland
Williams, B
Yates
Yeargin

The following members were off the floor of the House when the roll was called:
Representatives Poston of the 3rd, Hembree of the 98th, Brown of the 117th, Stanley of the 49th, Lawson of the 20th, Golden of the 177th, Ashe of the 46th, Bannister of the 77th, McClinton of the 68th, Hughes of the 19th, Williams of the 114th, Goodwin of the 79th, Walker of the 141st, Bates of the 179th, Hart of the 116th, White of the 161st, Chambless of the 163rd, Thomas of the 100th, Joyce of the 1st, Chandler of the 99th, Bunn of the 74th, Porter of the 143rd, Ladd of the 59th, Davis of the 60th, Henson of the 65th, Canty of the 52nd, McKinney of the 51st, Streat of the 167th, Johnson of the 148th, Lucas of the 124th and Simpson of the 101st.
They wish to be recorded as present.

Prayer was offered by the Reverend Dennis Weniger, Pastor, Odum Baptist Church, Odum, 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.

320

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1516. By Representative Smith of the 175th:
A bill to amend Code Section 20-2-57 of the Official Code of Georgia Anno tated, relating to the organization of local boards of education, so as to spec ify the number of such board members who are required to vote to take certain actions and provide for alterations in that number.
Referred to the Committee on Education.

HB 1517. By Representatives Parham of the 122nd and Harris of the 112th:
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 the use of exemption certificates for certain sales of fuel for nonhighway use; to provide for an extended time period for which exemption certificates are valid.
Referred to the Committee on Ways & Means.

HB 1518. By Representatives Ashe of the 46th and Irvin of the 45th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates, so as to authorize issuance of special license plates commemorating Buckhead.
Referred to the Committee on Motor Vehicles.

HB 1519. By Representatives Williams of the 114th, Hart of the 116th and Howard of the 118th:
A bill to amend Article 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerks, and other court personnel of the magistrate courts, so as to provide that the compensation of constables or marshals may be provided by local law.
Referred to the Committee on Special Judiciary.

THURSDAY, JANUARY 27, 1994

321

HB 1520. By Representatives Coker of the 31st, Shipp of the 38th, Clark of the 40th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions in general, so as to provide that local retirement systems with assets in excess of $50 million shall be allowed to invest up to 60 percent of their retirement assets in equi ties.
Referred to the Committee on Retirement.
HB 1521. By Representatives Patten of the 176th and Dobbs of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that certain references to standards, rules, and regulations adopted by the Board of Natural Resources mean those standards, rules, and regulations in effect on January 1, 1994.
Referred to the Committee on Natural Resources & Environment.
HB 1522. By Representatives Benefield of the 96th and Streat of the 167th:
A bill to amend Code Section 32-2-73 of the Official Code of Georgia Anno tated, relating to supplemental and extension agreements with the Depart ment of Transportation, so as to provide that limitations on the total amount of such supplemental and extension agreements may be waived for projects deemed essential to operational efficiency during the 1996 Olympic Games.
Referred to the Committee on Transportation.
HB 1526. By Representatives White of the 161st, Taylor of the 134th, Hart of the 116th, Clark of the 40th, Kinnamon of the 4th and others:
A bill to amend Code Section 39-2-3 of the Official Code of Georgia Anno tated, relating to working hours for minors 18 years of age and under, so as to provide that certain students shall not be permitted to work between the hours of 9:00 P.M. and 12:00 Midnight on any day preceding a school day or between the hours of midnight and 6:00 A.M. on a school day.
Referred to the Committee on Education.
HB 1527. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Walker of the 141st, Coleman of the 142nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enterprises located in certain counties designated as less developed areas.
Referred to the Committee on Ways & Means.
HB 1528. By Representatives Stanley of the 49th, Stanley of the 50th, Brooks of the 54th, Johnson of the 148th, Burkhalter of the 41st and others:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding state or county correctional institutions, so as to provide for the responsibility of any state, county, or municipal correctional institution having the physical custody of female inmates to provide for the adequate supervision of such inmates by female personnel.
Referred to the Committee on State Institutions & Property.

322

JOURNAL OF THE HOUSE,

HB 1529. By Representatives Poston of the 3rd, Holland of the 157th and Simpson of the 101st:
A bill to amend Chapter 4 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal attempt, conspiracy, and solicitation, so as to pro vide that the offense of conspiracy to commit a crime shall be a lesser included offense in the crime conspired to be committed and a person may be convicted of conspiracy to commit a crime when the crime conspired to be committed has been committed.
Referred to the Committee on Judiciary.

HB 1530. By Representatives Canty of the 52nd, Lord of the 121st, Johnson of the 148th, Brown of the 117th, Turnquest of the 73rd and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions relative to insurance, so as to prohibit discrimination by insurers in employment practices on the basis of race, color, or national origin.
Referred to the Committee on Insurance.

HB 1531. By Representatives Sherrill of the 62nd, Randolph of the 72nd, Jenkins of the 110th, McKinney of the 51st, Dobbs of the 92nd and others:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change certain provisions relating to the use of citations and the prosecution of ordinance violations; to provide that the accused may be arrested prior to the time of trial for the violation of an ordinance relating to loitering.
Referred to the Committee on Judiciary.

HB 1532. By Representative Twiggs of the 8th:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Anno tated, relating to rules and regulations applicable to bingo sessions, so as to change the provisions relating to the limitation on the amount of prizes which may be awarded by a nonprofit, tax-exempt organization during a cal endar day or calendar week.
Referred to the Committee on Industry.

HB 1533. By Representative Twiggs of the 8th:
A bill to amend Code Section 48-8-121 of the Official Code of Georgia Anno tated, relating to proceeds of special purpose county sales and use taxes, so as to make provisions for disposition of tax proceeds in certain cases; to pro vide for termination of tax collections.
Referred to the Committee on Ways & Means.

HB 1534. By Representatives Teague of the 58th, Roberts of the 162nd, Mobley of the 86th, Williams of the 114th and McKinney of the 51st:
A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for veterans, so as to reduce to 50 the minimum number of required applications for special and distinctive license plates for veterans.
Referred to the Committee on Motor Vehicles.

THURSDAY, JANUARY 27, 1994

323

HB 1535. By Representatives Stanley of the 49th, Stanley of the 50th, Bostick of the 165th, Teague of the 58th, Porter of the 143rd and others:
A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Anno tated, relating to equipment and inspection of motor vehicles, so as to pro vide that no person shall use foglights unless atmospheric conditions require their use.
Referred to the Committee on Motor Vehicles.

HB 1536. By Representatives Carter of the 166th, Smith of the 109th, Hanner of the 159th, Royal of the 164th and Cox of the 160th:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Anno tated, relating to water and wastewater treatment plant operators and labo ratory analysts, so as to change a certain definition; to provide for the performance of laboratory tests for reporting purposes by certified operators; to provide for a training course.
Referred to the Committee on Natural Resources & Environment.

HB 1537. By Representatives Hegstrom of the 66th, Mobley of the 69th, Stanley of the 50th, Polak of the 67th, Heard of the 89th and others:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to tenancies in general, so as to recognize the importance and benefits of cooperation and participation of tenants in creat ing a suitable living environment in rental housing projects; to provide that landlords shall not impede the reasonable efforts of tenant organizations or of tenants seeking to organize.
Referred to the Committee on Judiciary.

HB 1538. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and Buck of the 135th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.
Referred to the Committee on Appropriations.

HB 1539. By Representatives Birdsong of the 123rd, Harris of the 112th, Walker of the 141st, Bargeron of the 120th, Ray of the 128th and others:
A bill to amend Code Section 32-7-2 of the Official Code of Georgia Anno tated, relating to procedures 'for abandonment of public roads or property not needed for public road purposes, so as to provide that before a county abandons a portion of the county road system the county shall be required to provide notice of such abandonment in the newspaper in which the sheriffs advertisements for the county are published.
Referred to the Committee on Transportation.

HB 1540. By Representative Irvin of the 45th:
A bill to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to selection and qualification of candi dates, so as to authorize the General Assembly to provide by local Act for the nonpartisan election of members of the county governing authority.
Referred to the Committee on Governmental Affairs.

324

JOURNAL OF THE HOUSE,

HB 1541. By Representative Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to clarify the definition of "alligator" and "wild animal"; to require certain conditions to be met prior to issuance of a wild animal license; to place additional species on the list of inherently dangerous wild animals.
Referred to the Committee on Game, Fish & Parks.

HB 1542. By Representative Stephenson of the 25th:
A bill to amend Code Section 20-2-1184 of the Official Code of Georgia Annotated, relating to reports of students committing certain crimes, so as to change the reportable crimes.
Referred to the Committee on Judiciary.

HR 773. By Representative James of the 140th: A resolution designating the Herbert A. Saliba Bridge.
Referred to the Committee on Transportation.

HR 774. By Representative James of the 140th:
A resolution urging a thorough study of problems resulting from the limita tions on prescription drugs for senior citizens receiving social security income medical benefits through the Medicaid program.
Referred to the Committee on Health & Ecology.

HR 775. By Representative Ashe of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of any county or municipality may exempt from ad valorem taxation for a period not to exceed three years any property which is being developed or renovated to provide housing for low-income per sons if such property is owned and being developed or renovated by a non profit agency.
Referred to the Committee on Ways & Means.

HR 776. By Representatives Teague of the 58th, Brooks of the 54th, Brown of the 117th, Howard of the 118th, McKinney of the 51st and others:
A resolution authorizing and directing the Department of Audits and Accounts to conduct a state-wide economic parity assessment study.
Referred to the Committee on Appropriations.

HR 793. By Representatives Teague of the 58th, Randall of the 127th, Randolph of the 72nd, Teper of the 61st and Brooks of the 54th:
A resolution creating the House Prescription Drug Assistance for Low Income Elderly and Disabled Persons Study Committee.
Referred to the Committee on Rules.

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

THURSDAY, JANUARY 27, 1994

325

HB 1566. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Thomas of the 100th, Holland of the 157th and others:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding convey ances to secure debt and bills of sale, so as to change the manner in which certain security instruments shall be canceled of record.
Referred to the Committee on Judiciary.

HB 1567. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Thomas of the 100th, Holland of the 157th and others:
A bill to amend Part 2 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to reversions of realty, so as to change time periods at which certain reversions shall occur; to provide for notice; to change procedures regarding cancellation.
Referred to the Committee on Judiciary.

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

HB 1486 HB 1487 HB 1488 HB 1489 HB 1490

HB 1506 HB 1507 HB 1508 HB 1509 HB 1510

HE H92

TM

H riRb 11A4Q95(; HB 1496 HHBB 11449978
HB 1499 HB 1500 HB 1501 HB 1502 HB 1503 HB 1504 HB 1505

" HR" TM TM TM 524
n HR 767 HR 768 HR 770 SB 415 SB 425 SB 451

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1192 Do Pass HB 1199 Do Pass

HB 1429 Do Pass HB 1455 Do Pass

Respectfully submitted, /a/ Holmes of the 53rd
Chairman

326

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 194 Do Pass, by Substitute HB 1322 Do Pass, by Substitute HB 1378 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1263 Do Pass HB 1262 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 176th
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 769 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 Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 679 Do Pass, by Substitute

THURSDAY, JANUARY 27, 1994

327

Respectfully submitted, /s/ Randall of the 127th
Chairman

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

Mr. Speaker:

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

HB 1409 Do Pass HB 1445 Do Pass HB 1446 Do Pass HB 1448 Do Pass

HB 1470 Do Pass SB 144 Do Pass HB 1427 Do Pass

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

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

HB 1409. By Representatives Cummings of the 27th and Murphy of the 18th:
A bill to amend an Act entitled "An Act to provide a new Board of Educa tion for Polk County," so as to change the education districts.

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

HB 1445.

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

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

HB 1446. By Representative Greene of the 158th:
A bill to repeal an Act providing a new charter for the City of Omaha; to abolish the City of Omaha.

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

HB 1448. By Representative Greene of the 158th: A bill to provide a new charter for the City of Bluffton.

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

328

JOURNAL OF THE HOUSE,

HB 1470.

By Representatives Baker of the 70th, Teper of the 61st, Henson of the 65th, Lawrence of the 64th, Bunn of the 74th and others:
A bill to repeal an Act approved March 18, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitu tional amendment duly ratified at the 1966 general election (Res. Act No. 50) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal, establish sanitation districts, and levy assessments on residents and businesses served.

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

SB 144. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act incorporating the Town of Vernonburg, as amended, so as to adopt the Georgia Municipal Election Code; to provide a different date for election of officers; to provide different terms for the officers of said town.

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

HB 1427.

By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to increase the homestead exemption from city ad valorem taxes, except taxes levied to retire bonded indebtedness, for residents of the City of Lawrenceville who own and occupy their residences.

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

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

Y Ashe Y Atkins
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 Carlisle

Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler
Channell Y Childers Y Clark Y Coker E Coleman, B
Coleman, T Y Colwell Y Connell YCux 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 Ehrhart Y Epps E 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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes

Y Hugley Irvin
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
Lawson Y Lee Y Lewis Y Lord
Lucas

Y Maddox Y Mann
Martin Y McBee Y McClinton
McKinney Y Milam ' Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry
Y Pinholster Y Poag Y Polak

THURSDAY, JANUARY 27, 1994

329

Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
Y Ray Reaves
Y Reichert Roberts

Y Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C
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, P Y Stephenson
Streat

Y Taylor Y Teague Y Teper
Y Thomas 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 Bills, the ayes were 154, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Smith of the 174th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

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

Mr. Speaker:

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

SB 253. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Anno tated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to provide that any member who rejected spouses benefits coverage may obtain such coverage by paying all required past amounts; to provide for related matters; to provide conditions for an effective date and for automatic repeal.

SB 413. By Senators Crotts of the 17th, Starr of the 44th, Pollard of the 24th, McGuire of the 30th and Dean of the 31st:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Anno tated, relating to definitions relative to insurance agents, subagents, counsel ors, and adjusters, so as to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or admin istrative services in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; to provide for an effective date.

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

330

JOURNAL OF THE HOUSE,

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

HB 495. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Lee of the 94th and Floyd of the 138th:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal the requirement that persons be under the age of 55 years at the time they become members; to reduce the age of vesting and the age of eligibility for certain benefits.

HB 498. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 17 of Title 47 of the Official Code of Georgia Anno tated, relating to the Peace Officers' Annuity and Benefit Fund, so as to define a certain term; to provide for certain creditable service.

HB 499. By Representatives Buck of the 135th, Powell of the 23rd, Carrell of the 87th, Coleman of the 142nd, Lee of the 94th and others:
A bill to amend Chapter 16 of Title 47 of the Official Code of Georgia Anno tated, relating to the Sheriffs' Retirement Fund of Georgia, so as to increase the rate of members' contributions to such fund; to increase the retirement benefits provided under the fund.

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

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

The Senate recedes from its amendment to the House amendment to the following Bill of the Senate:

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 passed by the requisite constitutional majority the following Bills of the House:

THURSDAY, JANUARY 27, 1994

331

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.

HB 1264. By Representative Stancil of the 91st: A bill to create a board of elections and registration for Oconee County.

HB 1275.

By Representatives Pelote of the 149th, Johnson of the 148th, Mueller of the 152nd, Bordeaux of the 151st, Johnson of the 153rd and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that judges of the Magistrate Court of Chatham County shall be elected.

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

HB 1296.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

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

SB 253. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Anno tated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to provide that any member who rejected spouses benefits coverage may obtain such coverage by paying all required past amounts; to provide for related matters; to provide conditions for an effective date and for automatic repeal.
Referred to the Committee on Retirement.

SB 413. By Senators Crotts of the 17th, Starr of the 44th, Pollard of the 24th, McGuire of the 30th and Dean of the 31st:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Anno tated, relating to definitions relative to insurance agents, subagents, counsel ors, and adjusters, so as to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or admin istrative services in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; to provide for an effective date.
Referred to the Committee on Judiciary.

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

332

JOURNAL OF THE HOUSE,

HR 794. By Representatives Titus of the 180th, Reaves of the 178th, Bates of the 179th and Royal of the 164th:
A resolution commending the Thomas County Central High School Yellow Jackets football team and inviting the players and coaches to appear before the House of Representatives.

HR 798. By Representatives James of the 140th and Ray of the 128th:
A resolution proclaiming February as Camellia Festival Month in the State of Georgia and inviting representatives of the festival to appear.

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

HR 751. By Representatives Mobley of the 69th, Taylor of the 134th, Stanley of the 49th, Johnson of the 148th, Hart of the 116th and others:
A resolution recognizing Delta Sigma Theta Sorority and inviting the mem bers of that sorority to appear before the House of Representatives on Fri day, February 4, 1994.
HR 752. By Representatives Groover of the 125th, Reichert of the 126th, Randall of the 127th, Ray of the 128th and Birdsong of the 123rd:
A resolution commending the mayor and council of the City of Macon, the members of the Bibb County Board of commissioners, the Keep Macon-Bibb Beautiful Commission, and the Cherry Blossom Festival Board with respect to the annual Cherry Blossom Festival and inviting their representatives to appear before the House of Representatives.
Representative Bunn of the 74th arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 1372.

By Representatives Yeargin of the 90th and Hanner of the 159th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Anno tated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell.

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 Baines
Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove

Y Brooks, D
Y Brooks, T Y Brown
Y Buck 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 E Coleman, B

THURSDAY, JANUARY 27, 1994

333

Y Coleman, T Y Colwell
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 Ehrhart
Y Epps E Evans
Felton Floyd, J.M Y Floyd, J.W 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
Holmes Y Howard Y Hudson Y Hughes Y Hugley
Irvin
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 Y Mann Y Martin
Y McBee Y McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Orrock Y Padgett
Y Parham Y Parrish Y Patten E Pelote Y Perry

Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre

Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Y Teague Y Teper
Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall
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 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1372 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

HB 1235.

By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Anno tated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title applica tion to either the commissioner or the local tag agent in the county of the vehicle owner's residence.

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

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

E 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 Ehrhart

Y Epps E Evans Y Felton
Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B
Y Harris, M YHart Y Heard Y Hegstrom

Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson Y Hughes Y Hugley
Irvin Y James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J Y Johnston

334

JOURNAL OF THE HOUSE,

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 Y Mann
Y Martin Y McBee

Y McClinton McKinney Milam
Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish Y Patten E Pelote Y Perry Y Pinholster

YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow Y Stand), F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper

Y Thomas 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 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1223.

By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the fee for issuance of a replacement license plate or revalidation decal by the local tag agent; to change the fee for issuance of a replacement title.

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

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron
Y Barnes 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
YByrd Campbell
Y Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn
Y Chambless

Y Chandler Y Channell Y Childers
Y Clark Y Coker E Coleman, B Y Coleman, T Y Colwell
Connell YCox
Y Crawford Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix
Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart Y Epps E Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee N 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
Irvin 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 YMann Y Martin Y McBee Y McClinton
Y McKinney Y Milam
Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock

Y Padgett Y Parham Y Parrish
Y Patten E Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Skipper Y Smith, C

THURSDAY, JANUARY 27, 1994

335

Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor

Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense

Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall
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 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Campbell of the 42nd 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 1342.

By Representatives Greene of the 158th, Colwell of the 7th, Coleman of the 142nd, Parham of the 122nd, Parrish of the 144th and others:
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 generally, and to amend Chapter 10 of Title 48 of the Official Code of Geor gia Annotated, relating to motor vehicle license fees and plates, so as to pro vide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire.

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 Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler
Channell Y Childers Y Clark Y Coker E 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 Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps E Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Irvin
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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Y Parham
Y Parrish Y Patten E Pelote
Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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

336

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 652. By Representative Campbell of the 42nd:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for enhanced criminal penalties for the use of machine guns or firearms equipped with silencers during the commission of certain offenses.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, so as to provide for enhanced criminal penalties for the use of machine guns or firearms equipped with silencers during the commission of certain offenses; to make such additional penalties mandatory; to autho rize enactment and enforcement of consistent local laws; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-160. (a) It shall be unlawful for any person to possess or to use a machine gun or a firearm equipped with a silencer, as both terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses:
(1) Aggravated assault as defined in Code Section 16-5-21; (2) Aggravated battery as defined in Code Section 16-5-24; (3) Robbery as defined in Code Section 16-8-40; (4) Kidnapping as defined in Code Section 16-5-40; (5) Armed robbery as defined in Code Section 16-8-41; (6) Murder or felony murder as defined in Code Section 16-5-1; (7) Voluntary manslaughter as defined in Code Section 16-5-2; (8) Involuntary manslaughter as defined in Code Section 16-5-3; (9) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the 'Georgia Controlled Substances Act'; (10) Terroristic threats or acts as defined in Code Section 16-11-62; (11) Arson as defined in Code Sections 16-7-60, 16-7-61, and 16-7-62; and (12) Influencing witnesses as defined in Code Section 16-10-93. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony, and upon conviction thereof, shall be punished by confinement for a period of ten years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sen tence imposed in lieu thereof. (d) The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be prorated or suspended as is provided by Code Section 17-10-7.

THURSDAY, JANUARY 27, 1994

337

(e) Any crime committed in violation of this Code section shall be considered a sepa rate offense.
16-11-161. Nothing in this part shall be construed to prohibit a local governing authority from adopting and enforcing laws consistent with this part relating to gangs and gang violence. Where local laws or ordinances duplicate or supplement this part, this part shall be construed as providing alternative remedies and not as preempting the field.
16-11-162. This part shall not apply to persons who use force in defense of others as provided by Code Section 16-3-21. This part is intended to supplement not to sup plant Code Section 16-11-106."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Groover of the 125th moved that HB 652 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y' Birdsong Y Bordeaux N Bostick N Breedlove
N Brooks, D N Brooks, T N Brown
Y Buck Y Buckner N Bunn N Burkhalter Y Byrd N Campbell N Canty
Y Carlisle Y Carrell N Carter Y Cauthorn
Chambless N Chandler Y Channel! Y Childers N Clark N Coker
E Coleman, B Coleman, T

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

N Howard
Y Hudson Y Hughes N Hugley
Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H N Johnson, E N Johnson, G N Johnson, J N Johnston
Y Jones N Joyce N Kaye N Kinnamon N Klein N Ladd N Lakly
Lane, D Y Lane, R N Lawrence
Lawson Y Lee Y Lewis Y Lord Y Lucas N Maddox N Mann Y Martin Y McBee
McClinton Y McKinney Y Milam N Mills

On the motion, the ayes were 89, nays 71. The motion prevailed.

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

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

The Speaker assumed the Chair.

HB 1080.

By Representative Heard of the 89th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to provide for the offense of carjacking.

The following Committee substitute was read:

338

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 16-8-40 of the Official Code of Georgia Annotated, relating to robbery, so as to provide for the applicability of carjacking; to amend Code Section 16-8-41 of the Official Code of Georgia Annotated, relating to armed robbery and robbery generally, so as to provide for the applicability of armed carjacking; 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 16-8-40 of the Official Code of Georgia Annotated, relating to robbery, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 16-8-40 to read as follows:
"16-8-40. (a) A person commits the offense of robbery when, with intent to commit theft, he such person takes property of another from the person or the immediate pres ence of another:
(1) By use of force; (2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or herself or to another; or (3) By sudden snatching. (b) Without limiting the generality of subsection (a) of this Code section, it is specif ically provided that a person who, with intent to commit theft, takes the motor vehicle of another person from the person or the immediate presence of another by any means specified in subsection (a) of this Code section shall be guilty of the offense of robbery. {b} (c) A person convicted of the offense of robbery shall be punished by imprison ment for not less than one nor more than 20 years. {e} (d) Notwithstanding any other provision of this Code section, any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years."
Section 2. Code Section 16-8-41 of the Official Code of Georgia Annotated, relating to armed robbery and robbery generally, is amended by striking subsection (a) of said Code section and inserting in its place a new subsection (a) to read as follows:
"(a) (1) A person commits the offense of armed robbery when, with intent to com mit theft, he such person takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon.
(2) Without limiting the generality of paragraph (1) of this subsection, it is specifi cally provided that a person who, with intent to commit theft, takes the motor vehicle of another person from the person or the immediate presence of another by any means specified in paragraph (1) of this subsection shall be guilty of the offense of armed robbery.
(3) The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Wall of the 82nd moves to amend the Committee substitute to HB 1080 as follows:
By adding on page 2, line 31 after the word robbery the following:
; for the purpose of this subsection armed robbery shall be punished for a period of imprisonment for a period of ten to thirty years.

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

THURSDAY, JANUARY 27, 1994

339

Y Ashe N Atkins N Bailey N Baker Y Bannister N Barfoot Y Bargeron
N Barnes N Bates Y Benefield Y 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
Carrell Y Carter N Cauthorn N Chambless
Y Chandler Y Channell N Childers N Clark N Coker E 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 Ehrhart N Epps E Evans
Y Felton N Floyd, J.M N Floyd, J.W
Godbee N Golden N Goodwin Y Greene N Groover N Hammond N Hanner
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
Irvin James N Jamieson
Y Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
Johnston N Jones Y Joyce YKaye N Kinnamon N Klein
NLadd Y Lakly Y Lane, D N Lane, R Y Lawrence N Lawson YLee N Lewis NLord N Lucas
Y Maddox YMann N Martin N McBee N McClinton N McKinney
Milam Y Mills

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

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

On the adoption of the amendment, the ayes were 48, nays 106. The amendment was lost.

Representative Jenkins of the 110th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Goodwin of the 79th 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 Wall of the 82nd moves to amend the Committee substitute to HB 1080 by striking line 6 of page 1 and inserting in lieu thereof the following:
"the applicability of armed carjacking; to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions relative to racketeering, so as to pro vide that armed carjacking is a racketeering activity; to provide for".
By striking line 4 of page 3 and inserting in lieu thereof the following:
"Section 3. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions relative to racketeering, is amended by striking in its entirety subparagraph (A) of paragraph (9) and inserting in lieu thereof the following:
'(A) "Racketeering activity" means to commit, to attempt to commit, or to solicit, coerce, or intimidate another person to commit any crime which is chargeable by indictment under the following laws of this state:
(i) Article 2 of Chapter 13 of this title, relating to controlled substances; (ii) Article 3 of Chapter 13 of this title, known as the "Dangerous Drugs Act";

340

JOURNAL OF THE HOUSE,

(iii) Subsection (j) of Code Section 16-13-30, relating to marijuana; (iv) Article 1 of Chapter 5 of this title, relating to homicide; (v) Article 2 of Chapter 5 of this title, relating to bodily injury and related offenses; (vi) Article 3 of Chapter 7 of this title, relating to arson; (vii) Code Section 16-7-1, relating to burglary; (viii) Code Section 16-9-1, relating to forgery in the first degree; (ix) Article 1 of Chapter 8 of this title, relating to theft; (x) Article 2 of Chapter 8 of this title, relating to robbery; (xi) Code Sections 16-6-9 through 16-6-12 and 16-6-14, relating to prostitution and pandering; (xii) Code Section 16-12-80, relating to distributing obscene materials; (xiii) Code Section 16-10-2, relating to bribery; (xiv) Code Section 16-10-93, relating to influencing witnesses; (xv) Article 4 of Chapter 10 of this title and Code Sections 16-10-20, 16-10-23, 16-10-91, and 16-10-95, relating to perjury and other falsifications; (xvi) Code Section 16-10-94, relating to tampering with evidence; (xvii) Code Section 16-12-22, relating to commercial gambling; (xviii) Code Section 3-3-27, relating to distilling or making liquors; (xix) Part 2 of Article 4 of Chapter 11 of this title, known as the "Georgia Fire arms and Weapons Act"; (xx) Code Section 16-8-60, relating to unauthorized transfers and reproductions of recorded material; (xxi) Code Section 10-5-24, relating to violations of the "Georgia Securities Act of 1973"; (xxii) Code Section 3-3-27, relating to the unlawful distillation, manufacture, and transportation of alcoholic beverages; (xxiii) Code Sections 16-9-31, 16-9-32, 16-9-33, and 16-9-34, relating to the unlawful use of financial transaction cards; (xxiv) Code Section 40-3-90, relating to certain felonies involving certificates of title, security interest, or liens concerning motor vehicles; (xxv) Code Section 40-4-21, relating to removal or falsification of identification numbers; (xxvi) Code Section 40-4-22, relating to possession of motor vehicle parts from which the identification has been removed; (xxvii) Code Section 16-9-70, relating to use of an article with an altered identi fication mark; (xxviii) Article 6 of Chapter 9 of this title, known as the "Georgia Computer Systems Protection Act"; (xxix) Any conduct defined as "racketeering activity" under 18 U.S.C. Section 1961 (1)(A), (B), (C), and (D); (xxx) Article 3 of Chapter 5 of this title, relating to kidnapping, false imprison ment, and related offenses, except for Code Section 16-5-44, relating to aircraft hijacking; er (xxxi) Code Section 16-11-37, relating to terroristic threats and acts? i or (xxxii) Paragraph (2) of subsection (a) of Code Section 16-8-41, relating to armed robbery of a motor vehicle.'
Section 4. All laws and parts of laws in conflict".

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

Y Ashe
N Atkins N Bailey N Baker
Y Bannister

N Barfoot
Y Bargeron N Barnes N Bates
Y Benefield

N Birdsong
N Bordeaux N Bostick Y Breedlove
Y Brooks, D

N Brooks, T
N Brown N Buck Y Buckner
Y Bunn

Y Burkhalter
N Byrd Y Campbell N Canty
N Carlisle

THURSDAY, JANUARY 27, 1994

341

N Carrell Y Carter N Cauthorn N Chambless Y Chandler Y Channell N Childers N Clark N Coker
E Coleman, B N Coleman, T
Colwell N Connell N Cox N Crawford Y Crews N Culbreth
Cummings Davis, G Y Davis, M N Dickinson
Y Dix Y Dixon, H N Dixon, S Y Dobbs N Ehrhart N Epps E 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
Harris, B Y Harris, M
N Hart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes
N Howard N Hudson Y Hughes N Hugley
Irvin N James N Jamieson N Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce

YKaye N Kinnamon Y Klein
NLadd Y Lakly Y Lane, D N Lane, R Y Lawrence Y Lawson YLee N Lewis
NLord N Lucas Y Maddox Y Mann N Martin N McBee N McClinton N McKinney
Milam Y Mills
N Mobley, B Y Mobley, J Y Moore N Mosley Y Mueller
Oliver N O'Neal
Orrock Y Padgett N Parham

N Parrish Patten
E Pelote N Perry Y Pinholster N Poag N Polak
N Porter N Poston Y Powell N Purcell, A Y Purcell, B
N Randall N Randolph NRay N Reaves N Reichert
Roberts N Royal
Scoggins N Shanahan Y Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C
Smith, L N Smith, P N Smith, T
Smith, V

On the adoption of the amendment, the ayes were 56, nays 103. The amendment was lost.

Y Smith, W
N Smyre N Snow
N Stand), F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor
N Teague N Teper
N Thomas N Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Vaughan N Walker
Y Wall N Watson N Watts
Y Westmorland N White Y Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Wall of the 82nd moves to amend the Committee substitute to HB 1080 by striking line 6 of page 1 and inserting in lieu thereof the following:
"the applicability of armed carjacking; to amend Chapter 15 of Title 16 of the Official Code of Georgia Annotated, relating to street gang terrorism and prevention, so as to provide that armed carjacking shall be considered as part of a pattern of criminal gang activity; to provide for".
By striking line 4 of page 3 and inserting in lieu thereof the following:
"Section 3. Chapter 15 of Title 16 of the Official Code of Georgia Annotated, relating to street gang terrorism and prevention, is amended by striking in its entirety Code Sec tion 16-15-3, relating to definitions relative to street gang terrorism and prevention, and inserting in lieu thereof a new Code section to read as follows:
'16-15-3. As used in this chapter, the term:
(1) "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more of the criminal acts enumerated in subparagraphs (A) through (K) (L) of paragraph (2) of this Code section and which has a common name or common identifying sign or symbol and the members of which, individually or collectively, engage in or have engaged in a pattern of crimi nal gang activity.
(2) "Pattern of criminal gang activity" means the commission, attempted com mission, or solicitation of two or more of the following offenses, provided at least one of those offenses occurred after July 1, 1992, the last of those offenses occurred within three years after a prior offense, and the offenses are committed on separate occasions or by two or more persons:

342

JOURNAL OF THE HOUSE,

(A) Aggravated assault, as defined in Code Section 16-5-21; (B) Aggravated battery, as defined in Code Section 16-5-24; (C) Robbery, as defined in Code Section 16-8-40; (D) Armed robbery, as defined in Code Section 16-8-41; (E) Murder or felony murder, as defined in Code Section 16-5-1; (F) Voluntary manslaughter, as defined in Code Section 16-5-2; (G) Involuntary manslaughter, as defined in Code Section 16-5-3; (H) The unlawful sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture a controlled substance in violation of any provi sion of Article 2 of Chapter 13 of this title, the "Georgia Controlled Substances Act"; (I) Terroristic threats and acts, as defined in Code Section 16-11-37; (J) Arson in the first degree, second degree, or third degree, as defined in Code Section 16-7-60, 16-7-61, or 16-7-62; er (K) Influencing witnesses, as defined in Code Section 16-10-93v; or (L) Armed robbery of a motor vehicle, as defined in paragraph (2) of subsec tion {a} of Code Section 16-8-41.'
Section 4. All laws and parts of laws in conflict".

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 Y Bargeron N Barnes N Bates Y Benefield
N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, U N Brooks, T N Brown N Buck Y Buckner
Y Bunn Y Burkhalter NByrd Y Campbell N Canty N Carlisle N Carrell
Y Carter N Cauthorn N Chambless Y Chandler Y Channel! Y Childers N Clark
Y Coker E Coleman, B N Coleman, T

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

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

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

On the adoption of the amendment, the ayes were 61, nays 99. The amendment was lost.

The following amendment was read:

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

THURSDAY, JANUARY 27, 1994

343

Representative Wall of the 82nd moves to amend the Committee substitute to HB 1080 by striking line 6 of page 1 and inserting in lieu thereof the following:
"the applicability of armed carjacking; to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty generally, so as to add as a statutory aggravating circumstance the offense of causing the death of a person by an act committed while the offender was engaged in the commission of the offense of carjacking; to provide for".
By striking line 4 of page 3 and inserting in lieu thereof the following:
"Section 3. Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty generally, is amended by strik ing subsection (b) and inserting in lieu thereof the following:
'(b) In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or fee the judge shall include in few the instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances oth erwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence:
(1) The offense of murder, rape, armed robbery, or kidnapping was committed by a person with a prior record of conviction for a capital felony;
(2) The offense of murder, rape, armed robbery, or kidnapping was committed while the offender was engaged in the commission of another capital felony or aggravated battery, or the offense of murder was committed while the offender was engaged in the commission of burglary or arson in the first degree;
(3) The offender, by his or her act of murder, armed robbery, or kidnapping, knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
(4) The offender committed the offense of murder either for himself or herself or for another, for the purpose of receiving money or any other thing of monetary value;
(5) The murder of a judicial officer, former judicial officer, district attorney or solicitor, or former district attorney or solicitor was committed during or because of the exercise of his or her official duties;
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
(7) The offense of murder, rape, armed robbery, or kidnapping was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim;
(8) The offense of murder was committed against any peace officer, corrections employee, or fireman firefighter while engaged in the performance of his or her offi cial duties;
(9) The offense of murder was committed by a person in, or who has escaped from, the lawful custody of a peace officer or place of lawful confinement; e*
(10) The offense of murder was committed for the purpose of avoiding, interfer ing with, or preventing a lawful arrest or custody in a place of lawful confinement, of himself or herself or of another ] or
(11) The offender committed the offense of armed robbery of a motor vehicle and, during the course of committing such offense, the offender caused the death of a person.'

344

JOURNAL OF THE HOUSE,

Section 4. All laws and parts of laws in conflict".

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
Y Benefield
N Birdsong
N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown N Buck
Y Buckner
Y Bunn
Y Burkhalter
N Byrd Y Campbell N Canty N Carlisle N Carrell Y Carter N Cauthorn N Chambless
Y Chandler
N Channel!
N Childers Y Clark
N Coker E Coleman, B N Coleman, T

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

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

N Moblev, B
Y Mobley, J
Y Moore
N Mosley
Y Mueller
Oliver N O'Neal
Orrock N Padgett N Parham N Parrish
Patten E Pelote
N Perry
Y Pinholster N Poag N Polak N Porter N Poston N Powell N Purcell, A
Y Purcell, B
N Randall
N Randolph N Ray N Reaves N Reichert
Roberts N Royal
Scoggins
N Shanahan
N Sherrill
N Shipp
N Simpson N Sinkfield N Skipper

N Smith, C Y Smith, L
N Smith, P
Smith, T
Smith, V N Smith, W N Smyre
N Snow N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper
Thomas
N Tillman
Y Titus
N Towery
Y Trense
N Turnquest
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

On the adoption of the amendment, the ayes were 51, nays 109. The amendment was lost.

Representative Henson of the 65th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

On the adoption of the Committee 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 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 E Coleman, B Y Coleman, T

Y Colwell Y Connell YCox Y Crawford Y Crews
Y Culbreth
Y Cummings
Davis, G
Y Davis, M
Y Dickinson
YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps E 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
Irvin 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
Y Mann
Y Martin Y McBee
Y McClinton
Y McKinney
Milam Y Mills

THURSDAY, JANUARY 27, 1994

Y Mohlev, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Patten E Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter

Y Poston
Y Powell
Y Purcell, A Y Purcell, B 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 Skipper

Y Smith, C
Y Smith, L
Y Smith, P
Y Smith, T Smith, V
Y Smith, W
Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat
Y Taylor Y Teague Y Teper
Y Thomas

345
Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker N 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 Committee substitute, the ayes were 167, nays 1. 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
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 E 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
Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
Epps
E Evans
Y Felton
Floyd, J.M
Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene
Y Groover
Y Hammond
Y Manner Y Harris, B Y Harris, M
Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley
Irvin
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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Y Lucas
Y Maddox
Y Mann
Y Martin Y McBee
Y McClinton
Y McKinney
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 E Pelote
Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves
Y Reichert Y Roberts Y Royal
Scoggins
Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C
Y Smith, L
Y Smith, P Y Smith, T
Smith, V Y Smith, W Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas
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, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

346

JOURNAL OF THE HOUSE,

Representatives Milam of the 130th and Smith of the 102nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1080 was ordered immediately transmitted to the Senate.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1296.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

The following Senate substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", approved April 28, 1993 (Ga. L. 1993, p. 1819), so as to change certain appropriations for the State Fiscal Year 1993-1994; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1993-1994, as amended, known as the "General Appropriations Act" approved April 28, 1993 (Ga. L. 1993, p. 1819), is further amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $8,712,500,000 (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 .....................................................................................$

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

THURSDAY, JANUARY 27, 1994

347

Expense Reimbursement Account. Total Funds Budgeted...................... State Funds Budgeted......................

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 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.

348

JOURNAL OF THE HOUSE,

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
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....................................................................$

15,778,386 13,309,012
386,000 521,650 115,540
15,000 803,184 39,000 475,000 114,000 15,778,386 15,778,386

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

5,201,909 4,327,809 1,559,100 5,886,909 5,201,909

Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5.819.886 5,148,259
721.627 5,869,886 5,819,886

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....................................................................!

48,338.332 46,965,523
1,840,926 157,415 126,609
1.122,075 50,212,548 48,338,332

Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!

911,803

Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations.....................................................................!

647,450 650,750

THURSDAY, JANUARY 27, 1994
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 ........................................................................$ 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....................................................................!

349
137,700 788,450 647,450
2,389,352 1,269,363
76,500 41,689
26,000
20,000 12,000
33,800 250,000
660,000 2,389,352 2,389,352
34,799,338 48,019,713 11,608,912
267,300 270,400 6,389,873 11,507,801 3,002,947 4,829,583 540,208 11,289,500 41,000 2,750,000
500,000
207,000 45,921,502
630,020 16,500,000
150,000 35,000 164,460,759

350

JOURNAL OF THE HOUSE,

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 Distance Learning and
Telemedicine Office of the Treasury Total

$

1,816,621

$

2,704,234

$

10,968,692

$

477,122

$

2,840,463

$

469,465

$

17,012,698

$

53,818,524

$

3,701,054

$

58,455,579

$

5,156,728

$

1,810,618

$

1,167,099

$

2,418,406

$

451,548

$

420,641

$

771,267

$ 164,460,759

$

550,758

$

2,603,645

$

8,218,692

$

477,122

$

2,840,463

$

0

$

0

$

12,885,843

$

0

$

5,850,000

$

0

$

0

$

0

$

150,000

$

451,548

$

0

$

771,267

$

34,799,338

B. Budget Unit: Georgia Building Authority., ..................................$

Personal Services........................................... ..................................$

Rpffiilflr OnprstiTicr T^TT nptiQpQ



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 19,732,149 5,483,084
19,700 434,500 221,410 108,600
17,500 158,886 265,000
0 8,790,000
356,800 0
35,587,629 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance
Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,397,971

$

0

$

5,756,661

$

0

$

4,318,271

$

0

$

5,744,853

$

0

$

383,665

$

0

$

4,212,947

$

0

$

11,997,112

$

0

$

1,776,149

$

0

$

0

$

0

$

35,587,629

$

0

Section 12. Agency for the Removal of Hazardous Materials.

THURSDAY, JANUARY 27, 1994

351

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....................................................................?

105,478 86,278 10,800 8,000
0 0 0 0 400 0 0 0 105,478 105,478

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .....................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Market Bulletin Postage................................................................? Payments to Athens and Tifton
Veterinary Laboratories .............................................................$ Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, and Statesboro.............................................................................? Veterinary Fees................................................................................? Indemnities.......................................................................................? Advertising Contract.......................................................................? Payments to Georgia Agrirama Development Authority for Operations............................................................? Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.............................................................................? Capital Outlay.................................................................................? Contract - Federation of Southern Cooperatives.................................................................................? Boll Weevil Eradication Program.................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

33,934,417 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
599,546
700,000 0
40,000 60,000 45,446,176 33,934,417

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

5,304,280 6,934,275 1,711,995 3,224,431 3,442,900 2,038,416 2,954,042

4,998,280 6,678,275 1,659,995 3,099,431 3,053,400 2,038,416 2,820,642

352

JOURNAL OF THE HOUSE,

Consumer Protection Field Forces
Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

7,872,585 3,932,620 5,014,258
659,578 2,356,796 45,446,176

B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance .............................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

Section 15. Department of Children and Youth Services.
Budget Unit: Department of Children and Youth Services.........................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Utilities.............................................................................................? Institutional Repairs and Maintenance.......................................? Grants to County-Owned Detention Centers .............................? Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................? Capital Outlay.................................................................................?

4,973,042 1,337,482 1,392,658
0 1,882,796 33,934,417
0 762,957 180,568
8,764 23,000 23,324 4,779
0 7,116 7,572 97,000 107,800 1,222,880
0
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
84,509,207 58,928,593 4,276,500
724,800 271,480 312,695 486,431 1,313,800 673,600 2,137,800 1,979,900 1,161,600 2,686,400 10,832,508 182,400 365,000

THURSDAY, JANUARY 27, 1994

353

Total Funds Budgeted.. State Funds Budgeted..

86,333,507 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 Multi-Service Centers Total

21,370,769 9,159,988 7,846,318 4,453,998 4,708,877 14,490,688 3,054,827
923,200 835,331 12,113,518
913,656
447,415
5,894,922 120,000
86,333,507

20,641,369 8,790,288 7,508,018 4,292,198 4,483,777 14,490,688 3,054,827
923,200 835,331 12,113,518
913,656
447,415
5,894,922 120,000
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................................................................$ 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............................................................................................$

21,262,011 5,488,328
230,905 160,820
0 2,000 152,730 549,167 45,883 247,034
0
2,272,825 2,099,000
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

354

JOURNAL OF THE HOUSE,

Local Government Efficiency Grant Program.............................................
State Commission on National and Community Service..........................
Total Funds Budgeted......................... State Funds Budgeted.........................

750,000
224,000 53,840,607 21,262,011

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

17,914,597 1,477,013 32,059,570 2,389,427 53,840,607

16,505,297

$

1,477,013

1,050,812

2,228,889

21,262,011

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...................................................................$ 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....................................................................!

565,540,860 392,768,006 53,665,552
1,952,550 3,213,082 3,785,068 6,157,139 5,299,932 5,208,803 4,667,815
0 17,148,012 1,375,000 13,755,000 4,217,200
447,000 886,000
3,766,755
1,331,900 444,500
1,340,000 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

66,575,252 405,088,727 98,293,176

66,072,642 403,966,727 95,501,491

THURSDAY, JANUARY 27, 1994

355

Total

569,957,155

565,540,860

B. Budget Unit: Board of Pardons and Paroles ......................................................................I
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 29,988,895 1,162,084
691,100 168,000 164,860 470,772 2,543,400 813,500 272,500 757,000
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....................................................................!

4,111.508 6,896,883 4,281,541
21,960 13,000 23,000 14,100 4,740 54,108
565,900 519,000 12,394,232 4,111,508

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

1,575,411 4,476,647 6,342,174 12,394,232

!

1,406,863

!

506,931

!

2.197,714

!

4,111,508

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:

3.238,875,952
37,141,025 4,213,220 1,119,167
117,900 451,323 7,436,402 1,474,729 1,203,382 14,211,325 742,880 50,000

356

JOURNAL OF THE HOUSE,

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
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................................................!

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 87,006,632 596,369,241 128,898,307 (614,199,984) 78,705,327 20,576,794
142,801,545 3,609,604 21,059,624 51,005,135 56,677,209
416,000
186,500,970 4,950,000
39,176,572 2,047,671 36,434,888 136,568,755 24,332,066
1,500,000 6,996,178 2,766,212 17,741,249
3,991,103 2,702,000
0 0 248,270 0
10,645,182 5,007,912
911,019 4,025,581 22,934,480
10,783,825
11,701,897

THURSDAY, JANUARY 27, 1994

357

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 .......................................................................$ Advanced Placement Exams .........................................................$ Tuition/Postsecondary Options ....................................................$ Family Connection Grants.............................................................$ Youth Apprenticeship Grants ............,..........................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

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 14,015,520 1,000,000
65,000 1,012,000
0 1,325,000
280,272 3,697,629,028
340,000 3,238,875,952

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

$

4,125,184

$

20,546,899

$

1,161,942

$

19,222,638

$

6,485,228

$

848,847

$ 3,629,467,675

$

4,668,237

$

6,413,189

$

4,689,189

$ 3,697,629,028

$

3,832,008

$

15,545,976

$

1,050,740

$

14,718,904

$

3,068,292

$

848,847

$ 3,184,904,375

$

4,479,236

$

6,221,902

$

4,205,672

$ 3,238,875,952

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 ..........................................,.......$ Safe Schools Grant..........................................................................$ Media Center and Library Equipment........................................$ Model Technology Schools ............................................................$ Learning Logic Sites.......................................................................$ Algebra Classrooms.........................................................................$ Drug and Anti-Violence Education ..............................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................?

155,421,898 37,100,000 32,087,500
1,000,000 12,304,078 1,585,221 1,236,400 20,000,000 37,642,500 9,764,199
924,000 753,000 1,025,000 155,421,898 155,421,898

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System..................................$

165,570

358

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......................................................! Benefits to Retirees ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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 27,981,977 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 38,304,663 33,596,709

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,751,234

$

32,475,986

!

4,077,443

!

38,304,663

$

12,157

$

29,675,264

!

3,909,288

!

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

THURSDAY, JANUARY 27, 1994

359

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 ................................................................$ Grants - Local EMA .......................................................................$ Grants - Other .................................................................................$ Grants - Civil Air Patrol ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

28,514,511 13,528,027
887,342 281,946 15,000 119,531 637,225 1,017,399 308,294 26,323,753 3,061,629 40,000 6,429,000 160,000 2,807,357 511,515 42,800
0 290,975 1,144,625 100,000 432,000 1,044,200
0 60,000 59,242,618 28,514,511

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

9,690,629
876,391
5,765,800 4,065,036 2,259,010 24,824,776
362,389
529,821
1,567,702
1,755,140 267,131

$

9,690,629

$

770,760

$

5,765,800

$

3,217,767

$

2,259,010

$

304,327

$

94,963

$

529,821

$

485,008

$

499,318

$

267,131

360

JOURNAL OF THE HOUSE,

Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

3,325,260
3,691,108
262,425 59,242,618

3,325,260
1,042,292
262,425 28,514,511

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................................................

607,831,206

52,136,377

1,917,673

1,280,117

1,279,129

159,332

4,666,670

757,614

1,049,574

650,171

244,000

29,079,065

30,989,953

62,500

942,145

13,054,342

138,268,662

..$

412,600

83,248,154

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
29,079,065
23,584,389 5,290,692 1,907,282
622,716 2,690,000
8,451,757 5,873,156 5,304,949 1,727,862 1,669,404
0 452,189 47,188,328
1,527,817 138,268,662

893,953 2,005,103
23,163,642
22,289,442 4,271,227 1,907,282
612,716 2,690,000
2,102,133 799,017
5,104,949 1,727,862 1,669,404 (9,298,913)
452,189 21,410,331
1,447,817 83,248,154

2. Public Health Budget:

THURSDAY, JANUARY 27, 1994

361

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....................................................................$

50,462,846 71,741,494
940,217 14,700 119,964
1,085,055 4,981,387
673,897 728,910 7,933,321
308,000
3,200,000
960,000 646,222 656,000 663,609 11,346,416 87,099,623
32,100 138,672
747,761 244,480,194
549,718 128,625,602

Public Health Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Prevention Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Sexually Transmitted
Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health Primary Health Care Epidemiology Immunization Community Tuberculosis
Control Maternal and Child
Health Management Infant and Child Health Maternal Health - Perinatal

11,184,858 1,146,969 1,387,074
1,973,316
3,889,733
5,375,597
2,712,000 7,631,237 74,084,950 50,928,839 12,906,997 2,897,420 1,769,046
604,096 886,222
5,532,904
998,123 1,340,674 1,893,655

$

11,055,183

$

901,440

$

1,176,899

$

1,443,316

$

3,493,431

$

5,263,597

$

308,272

$

4,447,839

$

0

$

50,098,839

$

7,424,722

$

1,840,872

$

1,409,035

$

441,796

$

0

$

5,001,208

$

674,510

$

484,680

$

774,438

362

JOURNAL OF THE HOUSE,

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 Early Intervention Public Health
Division Indirect Cost Total

1,040,461 496,464
4,219,458 826,235 288,392
1,582,437 1,778,517 1,010,769
934,028 5,148,151 3,479,533
544,767 7,522,571 11,237,625 3,066,690 2,916,824
172,566 9,070,996
0 244,480,194

1,040,461 496,464
4,219,458 629,010 288,392
1,448,836 1,561,221
787,951 757,935 5,028,151 1,293,370 365,318 3,507,852 498,834 2,367,088 1,862,724
155,251 6,980,047
(902,838) 128,625,602

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....................................................................!

66,313,300 11,161,446
832,419 58,090 536,650 3,941,330 7,617,222 1,776,686 1,474,049 23,864,781 27,000 675,500 8,785,767 204,550 903,615 757,502 128,929,907 100,000 21,496,200

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Sheltered Employment Community Facilities State Rehabilitation
Facilities Diversified Industries
of Georgia Program Direction
and Support Grants Management

42,476,278 654,036
1,665,376 7,928,747
7,139,556
1,032,121
3,216,353 684,795

8,962,555 435,751 801,402
3,076,651
1,379,086
0
1,069,706 684,795

THURSDAY, JANUARY 27, 1994

363

Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total

31,224,471
12,009,161
20,899,013 128,929,907

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 .................................................? State Funds Budgeted....................................................................?

39,999,257 3,486,022
693,773 0
401,834 2,335,235 12,776,471 24,716,192 4,104,182 1,049,584 463,518,044 3,891,738 149,277,422 17,138,657 3,387,972
246,997,247 973,773,063
2,565,582 374,461,250

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 County DFACS Operations
Employability Program Employability Benefits

392,892 3,824,334 5,678,165 3,598,230 11,652,203 1,190,322 1,894,341
27,380,743
44,182,442 448,605,984
100 2,799,421 12,966,539
100,011,024
75,106,050 2,907,954
7,438,487
55,398,305
9,043,381 20,975,278

?

392,892

?

3,446,150

$

4,488,492

?

3,598,230

$

976,682

?

1,190,322

?

1,721,525

$

11,881,702

$

1,546,509

? 168,810,220

$

100

?

0

$

0

?

49,857,397

?

28,077,496

?

0

?

2,007,560

$

26,220,868

?

3,393,534

?

8,519,151

364

JOURNAL OF THE HOUSE,

Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

$

2,884,770

$

31,797,658

$

6,152,820

$

2,261,063

$

6,903,437

$

6,468,139

$

79,617,904

$

144,817

$

1,281,316

$

1,215,511

$

0

$ 973,773,630

Budget Unit Object Classes: Personal Services............................................ Regular Operating Expenses........................ Travel............................................................... Motor Vehicle Purchases.............................. Equipment....................................................... Real Estate Rentals....................................... Per Diem, Fees and Contracts..................... Computer Charges.......................................... Telecommunications...................................... Crippled Children's Benefits........................ Kidney Disease Benefits............................... Cancer Control Benefits................................ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants........................ Family Planning Benefits ............................. Case Services................................................... E.S.R.P. Case Services................................... Crippled Children's Clinics........................... Children's Trust Fund................................... Cash Benefits.................................................. Special Purpose Contracts............................ Service Benefits for Children....................... Purchase of Service Contracts ..................... Grant-In-Aid to Counties.............................. Institutional Repairs and Maintenance...... Utilities............................................................ Postage............................................................. Payments to DMA-Community Care.......... Grants for Regional Maternal and Infant Care.......................................... Grants to County DFACS - Operations..................................

B. Budget Unit: Community Mental Health/ Mental Retardation and Institutions..............................
Personal Services............................................ Regular Operating Expenses........................ Travel...............................................................
Motor Vehicle Purchases.............................. Equipment....................................................... Computer Charges..........................................

2,262,574 20,727,528 4,690,725 2,117,072 5,373,591 4,232,335 23,669,455
144,817 1,257,407
1,215,511 (7,358,595) 374,461,250
208,911,780 88,306,635 3,746,526 1,351,919
1,217,780 12,028,290 26,132,694 28,216,349 6,957,312 7,933,321
308,000 3,200,000
960,000 646,222 23,864,781 27,000 656,000 1,049,584 463,518,044 5,474,847 178,356,487 68,260,793 87,099,623 299,150 903,615 5,226,291 13,054,342
747,761
246,997,247
429,112,842 349,144,797 37,721,253
307,883 472,300 1,792,761 4,542,036

THURSDAY, JANUARY 27, 1994

365

Real Estate Rentals........................................... Telecommunications......................................... Per Diem, Fees and Contracts........................ Utilities............................................................... 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.......................................

252,637 2,370,833 8,765,793 11,745,300 1,722,000 47,031,391 88,375,838 26,217,774 57,780,094
294,118 638,536,808
2,404,100 429,112,842

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff

45,313,525 31,870,738
33,177,775
25,115,953
29,120,564
31,250,865 140,211,629
25,704,298
48,563,451
23,948,581 3,558,236
10,485,040
3,944,924
69,149,590 25,871,762
744,911 525,474 1,116,768
57,780,094 382,273
1,537,971
285,960 346,012
4,180,909

25,099,622 13,659,638
26,175,994
20,565,950
20,461,660
23,518,502 84,594,931
19,354,776
23,995,951
19,093,912 2,677,959
10,375,631
2,940,782
32,830,332 21,752,242
744,911 525,474 1,116,768
53,019,300 382,273
1,342,471
285,960 346,012
4,180,909

366

JOURNAL OF THE HOUSE,

Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration Total

13,471,232
93,600 10,784,673 638,536,808

13,471,232
93,600 6,506,050 429,112,842

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..............................................................! Southern Center for International
Studies...........................................................................................! Waterway Development in Georgia..............................................! Lanier Regional Watershed Commission.....................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

16,733,694 8,135,852 1,401,008
290,000 22,000 61,800 102,452 914,597 217,629 650,836 139,100 4,487,723 1,445,000 69,297
0 0 0 0 17,937,294 16,733,694

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

8,457,472 4,061,418
895,143 4,523.261 17,937,294

7,633,872 3,901,418
895,143 4,303,261 16,733,694

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
706,912 394,214 72,000 88,320 409,010 594,262 286,025 240,000
0 15,255,007 14,263,632

Department of Insurance Functional Budgets

Total Funds

State Funds

THURSDAY, JANUARY 27, 1994

367

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 ..................................................................................$ Payments to State Treasury..........................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

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 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...........................................................................$

1,054,126,103 13,144,544 3,895,193 155,400 0 72,289 19,391,681

368

JOURNAL OF THE HOUSE,

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..................................

581,812 425,000 65,909,846
2,845,729,138 50,530,241 772,500
57,374,067 3,057,981,711 1,054,126,103

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Financial and Hospital
Reimbursement Maternal and Child Health Nursing Home Reimbursement Nursing Home and Hospital
Policy Total

64,211,129
2,953,633,446 920,051
21,008,405 3,911,751 4,105,894
1,502,715 454,804 599,591
7,633,925 3,057,981,711

$

3,946,695

$ 1,035,879,100

$

358,638

$

5,636,925

$

1,815,822

$

1,544,416

$

726,309

$

160,254

$

299,631

$

3,758,313

$ 1,054,126,103

B. Budget Unit: Indigent Trust Fund................................................$ Equipment........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits.............................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$

139,118,799 40,000
23,539,346 338,821,517 362,400,863 139,118,799

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

THURSDAY, JANUARY 27, 1994

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........................................................................................$ 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.......................................................$

369
71,576,963
63,473,390 12,190,998
438,800 1,798,081 2,694,960 2,312,141 2,413,221
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
234,330 400,000
50,000 106,513
170,047 80,000 130,725
300,000
0 4,300,000

370

JOURNAL OF THE HOUSE,

Solid Waste Trust Fund................... Payments to Mclntosh County........ 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................. Receipts from North Georgia
Mountain Authority....................... Indirect DOAS Funding.................... State Funds Budgeted.......................

3,000,000 50,000
2,333,254 5,000
108,298,807
514,350
2,708,177
3,362,900
492,127
200,000
71,576,963

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

6,498,800
37,569,099 2,228,832 29,451,447 31,922,429
628,200 108,298,807

$

6,498,800

15,017,760 2,117,926 25,159,532 22,179,745
603,200 71,576,963

B. Budget Unit: Georgia Agricultural Exposition Authority..
Personal Services................................. Regular Operating Expenses............. Travel.................................................... Motor Vehicle Purchases................... Equipment............................................ Computer Charges............................... Real Estate Rentals............................ Telecommunications........................... Per Diem, Fees and Contracts.......... Capital Outlay..................................... Total Funds Budgeted........................ State Funds Budgeted........................

0 1,784,178 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..................................

86,604,705
52,115,047 7,182,070
117,800 3,265,000

THURSDAY, JANUARY 27, 1994

371

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....................................................................?

483,695 3,516,000
7,400 908,000 367,150
150,000 50,000 68,162,162 1,650,000 66,512,162
16,141,663 1,820,500
4,800 0
106,380 0
53,300 287,500 190,000
0 290,000
30,000 1,168,400 20,092,543
0 20,092,543

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

18,757,970 20,092,543 49,404,192 88,254,705

17,257,970 20,092,543 49,254,192 86,604,705

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................................................................................................?

13,576,666
7,071,055 2,596,360
87,300
54,500 150,250 339,000 99,105 138,350 620,100 3,219,460
0 14,375,480 13,288,480
403,459 25,430 9,828

372

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment................................................. .......................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts......................................................$ Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

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 Total

$

4,068,041

$

5,241,255

$

1,051,451

$

1,135,035

$

453,133

$

6,494,606

$

18,443,521

$

288,186

$

5,241,255

$

986,451

$

1,035,035

$

453,133

$

5,572,606

$

13,576,666

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 6,470,845
457,828 200,050 158,400 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

$

1,734,016

$

3,229,158

$

5,403,392

$

10,366,566

$

1,734,016

$

1,478,654

$

5.233,492

$

8,446,162

Section 35. Board of Regents, University System of Georgia.

THURSDAY, JANUARY 27, 1994
A. Budget Unit: Resident Instruction ................................................$ Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Special Funding Initiative .............................................................$ Office of Minority Business Enterprise.......................................$ Special Desegregation Programs...................................................$ Forestry Research............................................................................$ Research Consortium......................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Departmental Income.....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
B. Budget Unit: Regents Central Office and Other Organized Activities ....................................$
Personal Services: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................$ Fire Ant and Environmental Toxicology Research ...................................................................$ Agricultural Research .....................................................................$ Advanced Technology Development Center ...............................$ Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................$ Mercer Medical School Grant.......................................................$ 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....................................................................!

373
888,613,093
977,858,500 120,000,000
215,738,044 140,000,000
9,458,094 336,138 334,702 313,687
8,100,000 300,000
1,472,439,165 35,000,000 260,000,000 285,798,772 3,027,300 888,613,093
146,251,706
240,503,812 68,545,719
123,313,873 42,869,254
0 1,906,476 1,550,621
2,412,495 2,700,999
146,403 5,947,000 4,706,000
50,000 2,154,439 5,674,550 1,124,488
600,000 200,000
870,370
206,780
7,475,339 512,958,618
0 113,196,449 252,954,763
555,700 146,251,706

374

JOURNAL OF THE HOUSE,

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 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

$

16,724,460

$

2,719,756

$

7,208,497

$

21,097,262

$ 512,958,618

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 16,724,460
0 51,524 20,995.447 146,251,706

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................$ Operating Expenses........................................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!

0 6,797,618 9,001,343 15,798,961 15,798,961
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...................................................................................$ Capital Outlay - GPTV..................................................................$ Distant Learning - Satellite Dishes..............................................! Research Consortium - Equipment..............................................! Equipment - Vocational Instruction............................................! Computer Labs - Vocational Instruction.....................................! Educational Technology Centers ..................................................$ Equipment - GMC ..........................................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

22,661,512
17,700,000 2,021,512
400,000 0
2,000,000 240,000 200,000 100,000
22,661,512 22,661,512

Section 36. Department of Revenue. Budget Unit: Department of Revenue...............................................!
Personal Services.............................................................................!
Regular Operating Expenses .........................................................$ Travel................................................................................................!

79,781,390 53,437,611 4,420,138 1,368,174

THURSDAY, JANUARY 27, 1994

375

Motor Vehicle Purchases...............................................................! Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ County Tax Officials/Retirement and FICA ..............................$ Grants to Counties/Appraisal Staff..............................................$ Motor Vehicle Tags and Decals....................................................$ Postage...................................................................... ........................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

37,800 873,551 11,133,750 2,628,155 750,491 770,376 3,132,300
0 2,439,610 3,400,704 84,392,660 3,845,000 79,781,390

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

6,627,279 10,411,609 8,624,303 16,311,515 7,242,075 17,295,515 6,900,939 4,056,399 3,930,440
46,000 2,946,586 84,392,660

6,627,279 10,211,609 7,809,103 16,011,515 6,542,075 15,995,515 6,900,939 3,090,129 3,600,640
46,000 2,946,586 79,781,390

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....................................................................!

23,365.252 15,429,769 2,537,914
216,350 154,064 179,667 1,217,775 2,344,377 323,686 1,140,650 700,000 24,244,252 23,365,252

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

3,288,085 4,366,936
4,567,374
1,592,072 972,111 291,164
9,166,510 24,244,252

3,258,085 4,291,936
3,967,374
1,572,072 918,111 291,164
9,066,510 23,365,252

376

JOURNAL OF THE HOUSE,

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

1,860,481

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....................................................................!

1,849,742 967,302 176,755 45,000 35,556 12,000 7,850 59,000 17,520 837,150 424,000
2,582,133 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....................................................................?

26,926,367 4,719,120
397,851 81,800
0 18,500 371,000 24,763 146,000 42,757
0 4,076,000 18,561,740 5,003,940
38,000 79,500 160,000 543,740 425,000 34,689,711 26,926,367

THURSDAY, JANUARY 27, 1994

377

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

5,290,602
0
28,887,920
511,189 34,689,711

26,415,178
511,189 26,926,367

B. Budget Unit: Lottery for Education..............................................$ Hope Financial Aid.........................................................................$ Tuition Equalization Grants .........................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

47,816,789 42,116,797 5,699,992 47,816,789 47,816,789

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 3,487,893
347,750 26,650
0 12,400 1,000,569 451,185 70,000 365,500 3,200,000 600,000 9,561,947 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....................................................................$

134,636,691 3,711,713 368,013 108,250 0 15,000 566,826 339,900 135,630 604,500 92,546,076 19,142,056 915,000 6,792,561 23,995,460 2,660,920 13,401,864
165,303,769 134,636,691

Functional Budgets

Total Funds

State Funds

378

JOURNAL OF THE HOUSE,

Administration Institutional Programs Total

5,849,832 159,453,937 165,303,769

4,042,037
130,594,654 134,636,691

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.......................... Equipment - State Schools.................................. Equipment - Area Schools................................... Total Funds Budgeted.......................................... Lottery Funds Budgeted......................................

25,981,000 200,000 439,000
2,818,000 2,544,000 3,480,000 14,500,000 2.000,000 25,981,000 25,981,000

Section 42. Department of Transportation. Budget Unit: Department of Transportation..........
Personal Services................................................... Regular Operating Expenses............................... Travel...................................................................... Motor Vehicle Purchases..................................... Equipment.............................................................. Computer Charges................................................. Real Estate Rentals.............................................. Telecommunications............................................. Per Diem, Fees and Contracts............................ Capital Outlay ....................................................... Capital Outlay - Airport Approach Aid and
Operational Improvements.............................. Capital Outlay - Airport Development.............. Mass Transit Grants............................................. Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations ...... Spoilage Area Acquisition, Clearing,
Preparation and Dike Reconstruction............ Total Funds Budgeted.......................................... State Funds Budgeted..........................................

452.551,435 229,719,857 59,346,345
1,497,590 1,000,000 5,224,774 5,167,513 1,343,274 2,235,365 47,353,845 660,539,177
1,024,100 1,167,500 14,289,181
680,000
1,030,588,521 452,551,435

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 744,103,775

$ 231,941,331

$

9,600,000

$

22,469,481

$ $1,008,114,587

$ 193,592,346

$ 220,741,331

$

9,000,000

$

21,889,481

$ 445,223,158

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 1,519,316
20,274,618
680,000 22,473,934

0 1,159,316
5,488,961
680,000 7,328,277

THURSDAY, JANUARY 27, 1994

379

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....................................................................!

22,516.171 4,583,344
112,500 71,200
0 84,000 7,300 236,000 56,500 23,000
16,284,845
6,460,100
719,000 28,637,789 22,516,171

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
7,036,300 28,637,789

!

4,843,729

!

12,504,343

!

5,168,099

!

22,516,171

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

378,056,376
54,700,000 432,756,376

380

JOURNAL OF THE HOUSE,

State General Funds (New) ............................................................$ Motor Fuel Tax Funds (New) ............................................................$

4,834,080
0
4,834,080

Section 46. Provisions Relative to Section 3, Supreme Court. The appropri ations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.

Section 47. Provisions Relative to Section 4, Court of Appeals The appro priations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu
cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 51. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 52. Provisions Relative to Section 11, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a 'contractor when feasible.
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.
The Department of Administrative Services is directed to assume responsibility for the development of the Department of Human Resources' social services computer system.

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.

THURSDAY, JANUARY 27, 1994

381

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 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 1994.
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.

382

JOURNAL OF THE HOUSE,

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 Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
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

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, 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.

THURSDAY, JANUARY 27, 1994

383

The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 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. The Department is authorized to use existing funds to provide partial funding to con tract for the replacement of the PARIS system. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 30 mentally retarded clients from hospitals to community residential settings.
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

384

JOURNAL OF THE HOUSE,

Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
Section 62. Provisions Relative to Section 30, Merit System of Personnel Administration. The Department is authorized to assess no more than $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 ri.
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.

THURSDAY, JANUARY 27, 1994

385

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.
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 budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 42 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
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.

386

JOURNAL OF THE HOUSE,

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 maxi mum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $499,923,158 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 provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the 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:

THURSDAY, JANUARY 27, 1994

387

First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
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 1994 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

388

JOURNAL OF THE HOUSE,

Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102 rc 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), $3,538,080 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 $36,855,000 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), $1,296,000 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 82. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994.....................................................................................$ 9,201,886,925

THURSDAY, JANUARY 27, 1994

389

Section 83. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 84. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed."

Representative Coleman of the 142nd moved that the House disagree to the Senate substitute to HB 1296.
The motion prevailed.

The Speaker Pro Tem assumed the Chair.

Representative Murphy of the 18th arose to a point of personal privilege and addressed the House.

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

HB 1237.

By Representative Jones of the 71st:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for enhanced criminal penalties for the use of firearms and other dangerous weapons during the commission of certain offenses; to make such enhanced penalties mandatory.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, so as to provide for enhanced criminal penalties for the use of firearms during the commission of certain offenses where injury or death results; to make such enhanced penalties mandatory; to provide for the trial as adults certain minors committing certain offenses; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, is amended by adding at the end thereof a new Part 5 to read as follows:
"Part 5
16-11-160. (a) It shall be unlawful for any person to use a firearm during the com mission or attempted commission of any one of the following offenses where injury or death results:
(1) Murder or felony murder as defined in Code Section 16-5-1; (2) Kidnapping as defined in Code Section 16-5-40; (3) Rape as defined in Code Section 16-6-1; (4) Armed robbery as defined in Code Section 16-8-41;

390

JOURNAL OF THE HOUSE,

(5) Any crime involving the possession, manufacture, delivery, distribution, dis pensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as defined in Code Section 16-13-30; or
(6) Any crime involving trafficking in cocaine, marijuana, or illegal drugs as pro vided in Code Section 16-13-31. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for 15 years, such sen tence to run consecutively to any other sentence which the person has received. (c) Any crime committed in violation of subsection (a) of this Code section shall be considered a separate offense. 16-11-161. Any person aged 13 to 17 years who commits an offense violating subsec tion (a) of Code Section 16-11-160 where injury or death results therefrom shall be tried as though such person has reached the age of majority and, if convicted, shall be pun ished by imprisonment for ten years, such sentence to run consecutively to any other sentence which the person has received."
Section 2. This Act shall become effective on July 1, 1994, and shall be applicable to offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Groover of the 125th moved that HB 1237 be placed upon the table.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Baker N Bannister Y Barfoot Y Bargerun Y Barnes Bates N Benefield Y Birdsong
Y Bordeaux Bostick
Y Breedlove N Brooks, L> Y Brooks, T Y Brown Y Buck
Y Buckner N Bunn Y Burkhalter
Y Byrd Y Campbell
Cantv Y Carlisle
Carrell N Carter Y Cauthorn
Chambless
Y Chandler Y Channell N Childers
N Clark Y Coker E Coleman, B
Coleman, T

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

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

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

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

On the motion, the ayes were 107, nays 43. The motion prevailed.

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

THURSDAY, JANUARY 27, 1994

391

Representative Taylor of the 134th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

HB 1296.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Special Judiciary.

HB 1531.

By Representatives Sherrill of the 62nd, Randolph of the 72nd, Jenkins of the 110th, McKinney of the 51st, Dobbs of the 92nd and others:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change certain provisions relating to the use of citations and the prosecution of ordinance violations; to provide that the accused may be arrested prior to the time of trial for the violation of an ordinance relating to loitering.

Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:

HR 660. By Representatives Walker of the 141st, Lee of the 94th, Groover of the 125th and Mobley of the 86th:
A resolution designating the conference room adjacent to the office of the Speaker of the House of Representatives as the Smith-Murphy Conference Room.

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
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
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
Coker E 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 Ehrhart Y Epps

E 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

392

JOURNAL OF THE HOUSE,

Y Hart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson. J Y Johnston
Jones Y Joyce
Kave

Y Kinnamon Y Klein
Y Ladd Laklv
Y Lane. D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Y Lucas Y Maddox
Mann
Y Martin Y McBee Y' McClinton Y McKinney Y Milam Y Mills
Y Mobley. B Y Moblev. J Y Moore

Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish
Patten E Pelote
Y Perry Y Pinholster Y Poag Y Polak Y Porter
Poston Y Powell
Y Purcell. A Y Purcell. B Y Randall Y Randolph Y Ray Y Reaves

Y Reichert Y Roberts Y Royal
Scoggins
Y Shanahan Y Sherrill Y" Shipp Y' Simpson Y Sinkfield
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. K Stancil, S
Y Stanley, L Y Stanley. P Y' Stephenson

Y Streat Y Taylor Y Teague Y Teper Y Thomas
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
Yates Yeargin Murphy, Spkr

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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 1296.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 1296 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 Resolutions of the House were read and adopted:

HR 799. By Representatives Mueller of the 152nd, Dixon of the 150th, Johnson of the 148th, Johnson of the 153rd and Bordeaux of the 151st:
A resolution commending the Coastal Empire - Boy Scouts of America.

THURSDAY, JANUARY 27, 1994

393

HR 800. By Representatives Dickinson of the 83rd, Johnson of the 84th, Wall of the 82nd, Johnston of the 81st, Dix of the 76th and others:
A resolution recognizing and commending the South Gwinnett High School football team.

HR 801. By Representatives Poston of the 3rd and Snow of the 2nd: A resolution commending Police Officer Rob Hatch.

HR 802. By Representatives Poston of the 3rd and Snow of the 2nd: A resolution commending Sergeant Johnnie W. Smith.

HR 803. By Representative Poston of the 3rd: A resolution commending the B-52's.

HR 804. By Representatives Brooks of the 54th, Howard of the 118th, Hart of the 116th, Brown of the 117th, White of the 161st and others:
A resolution requesting Georgia's African-American community to strive for economic self-sufficiency and economic independence.

HR 805. By Representative Bannister of the 77th: A resolution commending Jean Cole.

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 House and has instructed me to report the same back to the House with the following recommendation:
HB 912 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 168th
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 1296.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

394

JOURNAL OF THE HOUSE,

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hooks of the 14th, Robinson of the 16th and Walker of the 22nd.

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

HB 1323. By Representatives Mosley of the 171st and Byrd of the 170th: A bill to provide for the Board of Education of Wayne County.

HB 1324.

By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend an Act creating the Board of Commissioners of Wayne County, so as to change the provisions relating to the election of members of the board of commissioners; to change the commissioner districts.

HB 1348.

By Representatives Watts of the 26th and Murphy of the 18th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Paulding County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

HB 1349.

By Representatives Watts of the 26th and Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Dallas in Paulding County, so as to deannex and remove certain territory from the cor porate limits of the city.

Pursuant to HR 658, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, February 1, 1994.

TUESDAY, FEBRUARY 1, 1994

395

Representative Hall, Atlanta, Georgia Tuesday, February 1, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe Atkins Bailey Baker Bannister Barfoot Bargeron Barnes Bates Benefield Birdsong Bordeaux
Bostick Breedlove Brooks, D Brooks, T Brown Buckner Bunn Burkhalter
Byrd Campbell Can 'y Carlisle arre"
cThorn
Chambless
Chandler
Channell
Childers
Clark

Coker Coleman, B Coleman, T Colwell Connell Cox Crawtord Crews Culbreth Cummings Davis, M Dix
Dixon. H Dixon, S Dobbs Ehrhart Epps Evans Felton Floyd, J.M
Floyd, J.W Godbee Golden Goodwm Greene A
H^TM"*
Harris, B
Harris, M
Hart
Heard
Hegstrom

Hembree Holland Howard Hudson Hughes Hugley Irvin Jamieson Jenkins Johnson. E Johnson, J Johnston
Joyce Kaye Kinnamon Klein Ladd Lakly Lane, D Lane. R
Lawrence Lawson Lee Lewis Lord
"
Mann
Martm
McBee
Mills
Mobley, B

Mobley. J Moore Mosley Mueller Oliver O'Neal Orrock Padgett Parham Parrish Patten Pelote
Perry Pinholster Poag Polak Poston Powell Purcell, A Purcell, B
Randolph Reaves Reichert Roberts Royal
^T
Shemll
Sn'PP
Simpson
Skipper
Smith, C

Smith. L Smith, P Smith, T Smith, V Smith, W Smyre Snow Stancil, F Stancil, S Stanley, L Stanley, P Stephenson
Street Taylor Teague Teper Tillman Titus Towery Trense
Turnquest Twiggs Vaughan Walker Wall
W^" , H
Westmoreland
Williams, B
Yates
Yeargin
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Dickinson of the 83rd, Johnson of the 97th, Milam of the 130th, McKinney of the 51st, Williams of the 114th, Davis of the 48th, Porter of the 143rd, McClinton of the 68th, Lucas of the 124th, James of the 140th, Thomas of the 100th, Sinkfield of the 57th, White of the 161st, Groover of the 125th, Jones of the 71st, Henson of the 65th and Randall of the 127th.
They wish to be recorded as present.

Prayer was offered by the Reverend William E. Gardner, Pastor, Bull Street Baptist Church, Savannah, 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.

396

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1543. By Representatives Lane of the 55th, Felton of the 43rd, Irvin of the 45th, Canty of the 52nd, Brooks of the 54th and others:
A bill to continue the Fulton County School Employees Pension Fund.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1544. By Representatives Stancil of the 16th, Lawrence of the 64th, Yeargin of the 90th and Watts of the 26th:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to provide for a method of local deannexation.
Referred to the Committee on State Planning & Community Affairs.

HB 1545. By Representatives Jamieson of the 22nd, Parham of the 122nd, Porter of the 143rd and Harris of the 112th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident reparations, so as to require all motor vehicle liability insurance policies to provide for compensation for loss of use of a motor vehicle and for sales tax payable on the cost of certain auto repairs or replacements.
Referred to the Committee on Insurance.

HB 1546. By Representatives Jamieson of the 22nd, Parham of the 122nd, Porter of the 143rd and Harris of the 112th:
A bill to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide that vehicles bearing special permits for the transportation of Medicaid patients shall be accorded handicapped parking privileges.
Referred to the Committee on Motor Vehicles.

TUESDAY, FEBRUARY 1, 1994

397

HB 1547. By Representatives Childers of the 13th, Stephenson of the 25th, Watts of the 26th, Floyd of the 138th, Hudson of the 156th and others:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to applications and fees for drivers' licenses, so as to provide for reduced drivers' license fees for certain applicants who execute anatomi cal gifts.
Referred to the Committee on Motor Vehicles.

HB 1548. By Representatives Scoggins of the 24th, McBee of the 88th, Purcell of the 9th and Titus of the 180th:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Anno tated, relating to homestead exemption for qualified disabled veterans, so as to authorize the unremarried surviving spouse or minor children of a quali fied veteran who was killed in any war or armed conflict to receive such exemption.
Referred to the Committee on Ways & Means.

HB 1549. By Representatives Childers of the 13th, Stephenson of the 25th, Watts of the 26th, Floyd of the 138th, Hudson of the 156th and others:
A bill to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding drivers' licenses, so as to establish the Driver's License Contribution for Anatomical Gifts Fund.
Referred to the Committee on Motor Vehicles.

HB 1550. By Representative Birdsong of the 123rd:
A bill to amend Code Section 40-2-74 of the Official Code of Georgia Anno tated, relating to special license plates for disabled persons, so as to provide that presentation of a handicapped identification card shall constitute proof of disability or hearing impairment.
Referred to the Committee on Motor Vehicles.

HB 1551. By Representatives Polak of the 67th, Byrd of the 170th, Walker of the 141st, Carlisle of the 107th, Smith of the 175th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for findings of the General Assembly; to create the State Productivity Council.
Referred to the Committee on State Planning & Community Affairs.

HB 1552. By Representatives Hugley of the 133rd, Taylor of the 134th and McBee of the 88th:
A bill to amend Code Section 49-5-12 of the Official Code of Georgia Anno tated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to provide for the release of findings of rule vio lations by day-care centers.
Referred to the Committee on Children and Youth.

398

JOURNAL OF THE HOUSE,

HB 1553. By Representatives Crawford of the 129th, Stancil of the 16th, Smith of the 174th, Brooks of the 103rd and Trense of the 44th:
A bill to amend Article 7 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to additional state aid to local education, so as to provide for state grants to local boards of education to be funded by reve nue raised through application of the state sales and use tax to the sale of lottery tickets, shares, or other participation.
Referred to the Committee on Industry.

HB 1554. By Representative Smith of the 169th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1555. By Representatives Teague of the 58th, Randolph of the 72nd, White of the 161st, Powell of the 23rd, McKinney of the 51st and others:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for a prescription drug reimbursement program for low income dis abled persons and senior citizens.
Referred to the Committee on Health & Ecology.

HB 1556. By Representatives Thomas of the 100th and Chambless of the 163rd:
A bill to amend Code Section 21-5-3 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Ethics in Government Act," so as to change the definition of "campaign committees" which are subject to certain disclosure and reporting requirements.
Referred to the Committee on Judiciary.

HB 1557. By Representatives Ashe of the 46th, Sinkfield of the 57th, Taylor of the 134th, McBee of the 88th, Godbee of the 145th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the establishment of school breakfast programs in all school systems.
Referred to the Committee on Education.

HB 1558. By Representative Thomas of the 100th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for state-wide, staggered motor vehicle registration over a 12 month period.
Referred to the Committee on Motor Vehicles.

TUESDAY, FEBRUARY 1, 1994

399

HB 1559. By Representatives Cox of the 160th, Royal of the 164th, Culbreth of the 132nd, Hugley of the 133rd, Buck of the 135th and others:
A bill to amend Code Section 52-2-5 of the Official Code of Georgia Anno tated, relating to the membership of the Georgia Ports Authority, so as to provide that five of the nine members of the authority shall be residents of the five counties containing a port or any county contiguous to such counties.
Referred to the Committee on State Institutions & Property.

HB 1560. By Representatives Hart of the 116th, White of the 161st, Taylor of the 134th, Hugley of the 133rd, Sinkfield of the 57th and others:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipline, so as to change the provisions regarding definitions; to provide for disciplinary sanc tions and conditions and procedures relating thereto.
Referred to the Committee on Education.

HB 1561. By Representatives Dixon of the 150th, Bordeaux of the 151st, Buck of the 135th, Murphy of the 18th and Johnson of the 153rd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide an exemption with respect to the use of certain cargo containers and related chassis in intrastate or interstate commerce.
Referred to the Committee on Ways & Means.

HB 1562. By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Crawford County School Dis trict 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 have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1563. By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Peach 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 have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1564. By Representative Smith of the 109th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to change the provisions relating to the election and terms of office of the members of the Board of Education of Butts County.
Referred to the Committee on State Planning & Community Affairs - Local.

400

JOURNAL OF THE HOUSE,

HB 1565. By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1568. By Representatives Powell of the 23rd, Parham of the 122nd and Harris of the 112th:
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 the definition of resident.
Referred to the Committee on Motor Vehicles.

HB 1569. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend an Act requiring the tax receiver or the tax commissioner of Fulton County to receive tax returns for the City of Atlanta, so as to change the payment date for taxes due to the City of Atlanta, the State of Georgia, and Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1570. By Representatives Powell of the 23rd, Parham of the 122nd and Harris of the 112th:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Anno tated, relating to local fire departments generally, so as to provide for exemp tions; to provide that law enforcement officers shall have primary authority and control over accident or crime scenes, except where there is an actual fire.
Referred to the Committee on Public Safety.

HB 1571. By Representative Mueller of the 152nd:
A bill to amend Code Section 16-5-91 of the Official Code of Georgia Anno tated, relating to aggravated stalking, so as to provide that certain conduct by a person who has given a bond to keep the peace shall constitute the offense of aggravated stalking.
Referred to the Committee on Judiciary.

HB 1572. By Representative Mueller of the 152nd:
A bill to amend Code Section 16-5-90 of the Official Code of Georgia Anno tated, relating to the crime of stalking, so as to change the definition of said crime.
Referred to the Committee on Judiciary.

HB 1573. By Representatives Mueller of the 152nd and Johnson of the 153rd:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions concerning penal institutions, so as to require certain sex offenders to provide notice and information to certain officials in the community where the offender will reside upon release by the Department of Corrections or upon release on parole by the State Board of Pardons and Paroles or upon becoming a resident of or domiciled in this state.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 1, 1994

401

HB 1574. By Representatives Polak of the 67th, Smyre of the 136th, Buck of the 135th and Stancil of the 91st:
A bill to amend Code Section 20-3-411 of the Official Code of Georgia Anno tated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school".
Referred to the Committee on University System of Georgia.

HR 795. By Representatives Crawford of the 129th, Stancil of the 16th, Smith of the 174th, Brooks of the 103rd and Trense of the 44th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to allocate for grants to local boards of education any revenue raised from application of the state sales and use tax to the sale of lottery tickets, shares, or participation.
Referred to the Committee on Industry.

HR 796. By Representatives Lane of the 146th, Patten of the 176th, Dobbs of the 92nd, Polak of the 67th, Barfoot of the 155th and others:
A resolution encouraging the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Resources to uti lize market mechanisms to reduce air pollution; encouraging the Environmen tal Protection Division of the Department of Natural Resources and the Board of Natural Resources to develop and adopt regulations that institute an emission credit banking and trading program.
Referred to the Committee on Natural Resources & Environment.

HR 797. By Representatives Teague of the 58th, Hegstrom of the 66th, Teper of the 61st, Henson of the 65th and McKinney of the 51st:
A resolution relating to cultural relations within the General Assembly.
Referred to the Committee on Rules.

HR 806. By Representatives Klein of the 39th, Ashe of the 46th, Atkins of the 29th, Smith of the 174th, Dix of the 76th and others:
A resolution proposing an amendment to the Constitution so as to provide for the creation of the State Government Reorganization Commission.
Referred to the Committee on Rules.

HR 807. By Representative McKinney of the 51st:

A resolution compensating Mr. Lewis Taylor.

Referred to the Committee on Appropriations.

'

HR 808. By Representatives Sherrill of the 62nd, Childers of the 13th, White of the 161st, Skipper of the 137th, Chambless of the 163rd and others:
A resolution urging the Governor's Council on Developmental Disabilities and the Department of Human Resources in cooperation with other individu als and groups to develop a comprehensive family and support plan for per sons with disabilities and needed legislation.
Referred to the Committee on Health & Ecology.

402

JOURNAL OF THE HOUSE,

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

HB 1576. By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and Colwell of the 7th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide that the provisions of such article relating to eligibility for bene fits shall apply to certain persons.
Referred to the Committee on Retirement.

HB 1593. By Representatives Tillman of the 173rd, Floyd of the 172nd and Mosley of the 171st:
A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1594. By Representatives Chambless of the 163rd, Walker of the 141st and Stancil of the 16th:
A bill to amend Code Section 28-1-16 of the Official Code of Georgia Anno tated, relating to issuance of subpoenas for proceedings of the ethics commit tees of the General Assembly, so as to provide that the chairperson or acting chairperson of either committee may initiate an application for issuance of a subpoena.
Referred to the Committee on Judiciary.

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

HB 1516 HB 1517 HB 1518 HB 1519 HB 1520 HB 1521 HB 1522

HB 1536 HB 1537 HB 1538 HB 1539 HB 1540 HB 1541 HB 1542

TM 1527 HB 1528 HB 1529 HB 1530 HB 1531 HB 1532 HB 1533 HB 1534 HB 1535

TM TM { HK 774 HR 775 HR 776 HR 793 SB 253 SB 413

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

Mr. Speaker:

TUESDAY, FEBRUARY 1, 1994

403

Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1195 Do Pass, by Substitute HB 1226 Do Pass, by Substitute HB 1227 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 989 Do Pass, by Substitute HB 1220 Do Pass, by Substitute HB 1271 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs 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 1482 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1490 Do Pass HB 1491 Do Pass HB 1494 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

404

JOURNAL OF THE HOUSE,

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

HB 1490. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the 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 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1491.

By Representative Purcell of the 147th:
A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said com missioners, so as to provide that the governing authority of Effingham County shall have authority to establish fines or periods of imprisonment, or both, in conformity with the laws of this state, as punishment for violations of ordinances and regulations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1494.

By Representatives Hegstrom of the 66th, Turnquest of the 73rd, Mobley of the 69th, Randolph of the 72nd, Polak of the 67th and others:
A bill to amend an Act authorizing and directing the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to change the provisions relating to the mem bership of the DeKalb County Community Relations 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 141, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 409. By Senators Oliver of the 42nd, Thompson of the 33rd and Henson of the 55th:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Peace Officer Stan dards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".

TUESDAY, FEBRUARY 1, 1994

405

SB 411. By Senators Oliver of the 42nd, Walker of the 22nd and Robinson of the 16th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of licenses and other authorizations to engage in profes sions, businesses, or occupations to persons who are not in compliance with court orders for child support; to provide for regulations.

SB 416. By Senators Turner of the 8th, Ragan of the llth and Taylor of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that a person whose address changes as a result of the 911 enhancement project shall apply for a replacement license showing the new address without having to pay a fee for such license; to provide for other matters relative to the foregoing; to pro vide an effective date.

SB 420. By Senators Robinson of the 16th, Perdue of the 18th and Clay of the 37th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the defendant's record of convictions for traffic offenses to the judge's sentence or judgment.

SB 439. By Senators Isakson of the 21st, Robinson of the 16th and Guhl of the 45th:
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 change the definition of recreational bingo; to authorize nonprofit organizations that are licensed to operate bingo games to operate recreational games.

SB 457. By Senator Egan of the 40th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, the "Georgia Administrative Procedure Act," so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons of standing committees of the General Assembly.

SB 463. By Senators Isakson of the 21st, Clay of the 37th, Crotts of the 17th, Ragan of the 32nd and Thompson of the 33rd:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and mainte nance, so as to delete the requirement of the display of an emission inspec tion sticker; to delete references to emission inspection stickers; to repeal penalties for prohibited acts relative to emission inspection stickers.

SB 471. By Senators Oliver of the 42nd, Thomas of the 10th and Thompson of the 33rd:
A bill to amend Code Section 16-12-2 of the Official Code of Georgia Anno tated, relating to smoking in public places, so as to prohibit smoking in cer tain child care facilities; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of certain child care facilities, so as to provide for signs prohibiting smoking.

406

JOURNAL OF THE HOUSE,

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

HR 780. By Representatives Teague of the 58th, Brooks of the 54th, Brown of the 117th, Howard of the 118th, Lane of the 55th and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".

HR 782. By Representatives Brooks of the 54th, Howard of the 118th, McKinney of the 51st, Stanley of the 49th, Lucas of the 124th and others:
A resolution recognizing African American entrepreneurs and proclaiming the first Thursday in March as "African American Business Enterprise Day".

HR 791. By Representative Cox of the 160th: A resolution designating Swamp Gravy as Georgia's official Folklife Play.

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

SB 409. By Senators Oliver of the 42nd, Thompson of the 33rd and Henson of the 55th:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Peace Officer Stan dards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".
Referred to the Committee on Public Safety.

SB 411. By Senators Oliver of the 42nd, Walker of the 22nd and Robinson of the 16th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of licenses and other authorizations to engage in profes sions, businesses, or occupations to persons who are not in compliance with court orders for child support; to provide for regulations.
Referred to the Committee on Industry.

SB 416. By Senators Turner of the 8th, Ragan of the llth and Taylor of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that a person whose address changes as a result of the 911 enhancement project shall apply for a replacement license showing the new address without having to pay a fee for such license; to provide for other matters relative to the foregoing; to pro vide an effective date.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 1, 1994

407

SB 420. By Senators Robinson of the 16th, Perdue of the 18th and Clay of the 37th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the defendant's record of convictions for traffic offenses to the judge's sentence or judgment.
Referred to the Committee on Judiciary.

SB 439. By Senators Isakson of the 21st, Robinson of the 16th and Guhl of the 45th:
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 change the definition of recreational bingo; to authorize nonprofit organizations that are licensed to operate bingo games to operate recreational games.
Referred to the Committee on Industry.

SB 457. By Senator Egan of the 40th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, the "Georgia Administrative Procedure Act," so as to provide for the distribution of proposed rules and regulations of the State of Georgia to chairpersons of standing committees of the General Assembly.
Referred to the Committee on Judiciary.

SB 463. By Senators Isakson of the 21st, Clay of the 37th, Crotts of the 17th, Ragan of the 32nd and Thompson of the 33rd:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and mainte nance, so as to delete the requirement of the display of an emission inspec tion sticker; to delete references to emission inspection stickers; to repeal penalties for prohibited acts relative to emission inspection stickers.
Referred to the Committee on Motor Vehicles.

SB 471. By Senators Oliver of the 42nd, Thomas of the 10th and Thompson of the 33rd:
A bill to amend Code Section 16-12-2 of the Official Code of Georgia Anno tated, relating to smoking in public places, so as to prohibit smoking in cer tain child care facilities; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of certain child care facilities, so as to provide for signs prohibiting smoking.
Referred to the Committee on Children & Youth.

Representative Coleman of the 80th arose to a point of personal privilege and addressed the House.

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

408

JOURNAL OF THE HOUSE,

HR 769. By Representatives Purcell of the 147th, Floyd of the 172nd, Murphy of the 18th, Oliver of the 154th, Tillman of the 173rd and others:
A resolution commending and recognizing Major General Paul E. Blackwell, Commanding General, 24th Infantry Division (Mechanized) and Fort Stewart and inviting him to appear and be recognized before the House of Represen tatives.

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

HR 809. By Representatives Byrd of the 170th, Floyd of the 172nd, Mosley of the 171st, Purcell of the 9th and Mobley of the 86th:
A resolution commending Staff Sergeant Robert C. Pitts III and inviting him to appear before the House of Representatives.

HR 810. By Representatives Ray of the 128th and James of the 140th:
A resolution commending the Georgia Peach Festival and inviting a represen tative of the festival to appear before the House of Representatives.

HR 813. By Representatives Lane of the 146th, Godbee of the 145th, Culbreth of the 132nd and Buck of the 135th:
A resolution commending Kara Martin and inviting her to appear before the House of Representatives.

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

HB 1386.

By Representative Parham of the 122nd:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Anno tated, relating to reporting of accidents and proof of financial responsibility, so as to require local law enforcement agencies to submit reports of all traffic accidents to the Department of Public Safety.

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

Y Ashe Y Atkins
Y Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes 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 Bvrd
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 Crawf'ord
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 Ehrhart Y Epps Y Evans Y Felton
Floyd, J.M Floyd, J.W
Y Godbee

Y Golden Goodwin
Y Greene
Groover Y Hammond
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 Irvin Y James
Jamieson
Y Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G
Y Johnson, J Johnston Jones
Y Joyce Kaye
Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R
Y Lawrence

TUESDAY, FEBRUARY 1, 1994

409

Y Lawson Y Lee Y' Lewis Y Lord Y' Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney
Milam Y Mills Y Moblev. B Y Moblev. J Y Moore Y Moslev

Y Mueller Oliver O'Neal 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. A

Y Purcell. B Randall
Y Randolph Y Ray Y Reaves
Reichert
Y Roberts
Y Royal
Y- Scoggins Y- Shanahan
Sherrill Y Shipp
Simpson
Y Sinkfield
Y" Skipper
Y Smith, C
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, P Y Stephenson Y Streat Y Taylor
Y Teague
Y Teper
Y Thomas
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, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Kaye of the 37th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1387.

By Representative Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to increase the minimum amount of prop erty damage which must be present as a condition of a police investigation of a motor vehicle accident.

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 Bailev 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
Y Brown Y Buck Y Buckner Y Bunn
Y Burkhalter
Y Bvrd Y Campbell
Y Cantv Y Carlisle Y Carrell Y Carter \' Cauthorn Y Chambless Y Chandler Y Channell
Childers
Y Clark

Coker
Y Coieman, B
Y Coieman. T Y Colwell
Y Connell
Y Cox Y Crawford Y Crews Y Culbreth Y- Cummings
Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H
Y Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans
Felton
Y Floyd, J.M Flovd, J.W
Y Godbee Y Golden
Goodwin
Y Greene Groover
Y Hammond 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 Huglev Y Irvin Y James
Jamieson Y Jenkins
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
Y Mann Y Martin
Y McBee Y McClinton Y McKinney
Milam Y Mills Y Mobley, B Y Mobley, J Y Moore
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
Porter Poston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph

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

410

JOURNAL OF THE HOUSE,

Y Trense N Turnquest
Twiggs

Y Vaughan Y Walker Y Wall

Y Watson Y Watts Y Westmorland

Y White Y Williams, B Y Williams, R

Y Yates Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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 pol icy 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.

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
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 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 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
Manner 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 Irvin Y James
Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney
Milam Y Mills

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

Y Smith, C
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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Y Tillman Y 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, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1277.

By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd, Hudson of the 156th, Cox of the 160th and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Anno tated, relating to punishment for criminal offenses involving theft, so as to change provisions relating to punishment of offenses involving the theft of growing or otherwise unharvested agricultural products.

TUESDAY, FEBRUARY 1, 1994

411

The following amendment was read and adopted:

The Committee on Agriculture and Consumer Affairs moves to amend HB 1277 by striking on line 19 of page 1 the following:
"commercial".

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks. T Y Brown Y Buck 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 Y Dix Y 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
Groover Y Hammond
Manner Y Harris, B Y Harris, M
YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
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 Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

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

Y Smith. C 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas Y Tillman
Y Titus Y Towery Y Trense
Turnquest Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmorland Y White
Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 662. By Representatives Murphy of the 18th, Buck of the 135th, Royal of the 164th and Skipper of the 137th:
A resolution re-creating the Joint Study Commission on Revenue Structure; providing for access by the commission and its staff to certain otherwise con fidential Department of Revenue information.

The following amendment was read:

Representatives Kaye of the 37th and Yates of the 106th move to amend HR 662 as follows:

412

JOURNAL OF THE HOUSE,

Insert on page 2 after line 10
"WHEREAS, the coupling of Georgia deductions with the Federal Income Tax code, and the reduction or elimination of many Federal deductions has resulted in automatic tax increases for the taxpayers of Georgia over the past 12 years; and
WHEREAS, these hidden tax increases, including the elimination of the deductibility of personal interest expense, a limitation on the deductibility of residential mortgage interest, the elimination of the deduction for sales taxes, a limitation on the deductibility of passive losses, and reduced medical expense deductions have greatly increased Georgia revenue collections and hurt the taxpayers of our state; and
WHEREAS, Georgia revenue growth over the past decade has greatly exceeded increases in population, per capita income and inflation; and
WHEREAS, all efforts should be made to control this growth in government spending so that revenue re-structuring can result in not only tax equity and fairness, but an overall net savings or tax cut to the people of Georgia; 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 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 N Buck
N Buckner Y Bunn
N Burkhalter N Byrd N Campbell N 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 N Cox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson YDix N Dixon, H N Dixon, S
N Dobbs Y Ehrhart N Epps 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 N Hart N Heard
N Hegstrom Y Hembree
Henson N Holland N Holmes

N Howard N Hudson N Hughes N Hugley Y Irvin N James N Jamieson N Jenkins
Johnson, D.H N Johnson, E
Y Johnson, G Johnson, J
Y Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein NLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson N Lee N Lewis N Lord N Lucas
Y Maddox Y Mann N Martin N McBee N McClinton N McKinney N Milam Y Mills

N Mobley, B N Mobley, J N Moore N Mosley Y Mueller
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
N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

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

On the adoption of the amendment, the ayes were 31, nays 132. The amendment was lost.

The following amendment was read:

Representatives Kaye of the 37th and Yates of the 106th move to amend HR 662 as follows:

TUESDAY, FEBRUARY 1, 1994

413

insert on page 3 after line 13 after "the past two years."
"Any member who is not in attendance for three meetings shall be automatically removed from the commission and shall not be eligible for reappointment for the remaining period of this commission. Vacancies shall be promptly filled by appointment by the party by whom the original appointment was made.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins
N Bailey Baker
N Bannister N Barfnnt N Bargerun N Barnes N Bates
N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks. D N Brooks. T N Brown N Buck
N Buckner Y Bunn N Burkhalter N Byrd N Campbell N 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 N Cox N Crawford
N Crews N Culbreth N Cummings N Davis, G N Davis, M
N Dickinson Y Dix
Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M N Flovd, J.W N Godbee N Golden Y Goodwin
N Greene N Groover N Hammond N Hanner N Harris, B N Harris, M
Hart N Heard N Hegstrom Y Hembree
Henson N Holland N Holmes

N Howard N Hudson N Hughes N Hugley Y Irvin N James
N Jamieson N Jenkins
Johnson, D.H
N Johnson, E Y Johnson, G
Johnson, J N Johnston N Jones
Y Joyce Y Kaye N Kinnamon N Klein
N Ladd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson
N Lee N Lewis N Lord N Lucas Y Maddox N Mann N Martin N McBee N McClinton N McKinney N Milam Y Mills

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

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

On the adoption of the amendment, the ayes were 22, nays 143. The amendment was lost.

The following amendment was read:

Representatives Kaye of the 37th and Yates of the 106th move to amend HR 662 as follows:
insert on page 5 after line 14
"(c) Employees or agents of the commission shall include members of the private sector knowledgable on tax matters and who have never been employed by the State of Georgia or any municipality thereof."

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

414
N Brooks, T N Brown N Buck N Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker N Coleman. B N Coleman. T
Colwell N Connell N Cox N Crawford N Crews
Culbreth N Cummings
Davis, C. Y Davis, M N Dickinson Y Dix
Dixon, H

JOURNAL OF THE HOUSE,

N Dixon. S
N Dobbs N Ehrhart
N Epps N Evans
Y Felton N Floyd, J.M N Flovd, J.VV
N Godbee N Golden Y Goodwin N Greene N Groover
N Hammond N Hanner N Harris, B N Harris, M N Hart
N Heard Hegstrom
Y Hembree N Henson N Holland N Holmes N Howard
N Hudson N Hughes N Hugley N Irvin N James N Jamieson N Jenkins
Johnson, D.H

N Johnson. E
N Johnson, G Johnson, J
N Johnston N Jones Y Joyce Y Kaye N Kinnamon
N Klein N Ladd N Lakly N Lane. D
N Lane, R N Lawrence
N Lawson N Lee N Lewis N Lord
N Lucas Y Maddox Y Mann N Martin N McBee N McClinton N McKinney N Milam N Mills N Mobley, B
N Mobley, J N Moore N Mosley N Mueller
Oliver

N O'Neal N Orrock N Padgett N Parham N Parrish
N Patten N Pelote N Perry N Pinholster N Poag N Polak N Porter
N Poston N Powell N Purcell, A N Purcell, B
Randall
N Randolph N Ray N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield
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 N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague N Teper N Thomas N Tillman Y Titus
Towery
N Trense N Turnquest
Twiggs Y Vaughan N Walker N Wall N Watson N Watts N Westmoreland N White
Williams, B N Williams, R
Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 15, nays 151. The amendment was lost.

The following amendment was read:

Representatives Kaye of the 37th and Yates of the 106th move to amend HR 662 as fol lows:
insert on page 2 line 26 after "21 members"
" reflecting a diversity of Georgians and bi-partisan representation"
delete on page 3 line 7 through line 9 the sentence
"The President of the Senate and the Speaker of the House shall appoint each appoint six members of the commission."
and insert
"The total number of members appointed by the Senate and House to the commission shall each total six. The number of appointments made by both the President of the Sen ate and the Speaker of the House shall reflect the ratio of Democratic members in each respective legislative chamber to the total number of members in said chamber, and the number of appointments made by both the Senate and House Minority Leaders to the commission shall reflect the ratio of Republican members in each respective legislative chamber to the total number of members in said chamber. Percentages shall be rounded, up or down, to the nearest whole number."

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

TUESDAY, FEBRUARY 1, 1994

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
Brooks, T
Brown
N Buck
N Buckner
Y" Bunn Y Burkhalter N Bvrd Y Campbell N Cantv N Carlisle
N Carrell
N Carter
N Cauthorn
N Chambless
N" Chandler
N Channell N Childers Y Clark Y Coker N Coleman. B N Coleman, T

Colwell
N Connell
N Cox Y Crawford
Y Crews N Culbreth
N Cummings
N Davis, G Y Davis, M
N Dickinson YDix
N Dixon, H
N Dixon, S Dobbs
Y Ehrhart N Epps
Y' Evans Y Felton N Flovd, J.M N Flovd, J.W N Godbee N Golden
Y' Goodwin
N Greene
N Groover
N Hammond
N Manner N Harris, B
Y Harris, M N Hart
Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

N Howard
N Hudson N Hughes N Hugley Y Irvin N James N Jamieson
N Jenkins
Johnson, D.H
N Johnson, E
Y Johnson, G
Y Johnson, J Y Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein Y Ladd Y Lakly N Lane, D N Lane, R Y Lawrence
N Lawson
N Lee
N Lewis
N Lord
N Lucas Y Maddox
Y" Mann
N Martin
N McBee N McClinton N McKinney N Milam Y Mills

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

On the adoption of the amendment, the ayes were 46, nays 121. The amendment was lost.

415
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, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery
Trense N Turnquest
Twiggs Y Vaughan N Walker Y Wall N Watson N Watts Y Westmorland Y White
Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:
Representatives Kaye of the 37th and Yates of the 106th move to amend HR 662 as follows: insert on page 3 line 31 after "House of Representatives" "not to exceed $600,000 in total."

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

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

Y Bunn N Burkhalter
N Byrd N Campbell
N 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

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

N Golden Y Goodwin N Greene N Groover N Hammond N Hanner N Harris, B Y Harris, M N Hart N Heard
N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hughes N Hugley

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

416

JOURNAL OF THE HOUSE,

N Lawson N Lee N Lewis
N Lord
N Lucas Y Maddox Y Mann
N Martin
N McBee
N McClinton
N McKinney
N Milam
Y Mills N Moblev. B N Moblev. J N Moore N Mosley

Y Mueller Oliver
N O'Neal N Orrock N Padgett N Parham
N Parrish
N Patten
N Pelote
N Perry
Y Pinholster
Poag N Poiak N Porter
N Poston
N Powell
N Purcell, A

N Purcell. B N Randall N Randolph N Ray N Reaves
N Reichert
N Roberts
N Royal
Scoggins
N Shanahan N Sherrill N Shipp N Simpson N Sinkfield
N Skipper
N Smith, C
N Smith, L

N Smith. P
N Smith, T
Y Smith, V Y Smith, W N Smyre
N Snow N Stancil, F Y Stancil, S N Stanlev, L
N Stanley, P
N Stephenson
N Streat
N Taylor N Teague Y Teper N Thomas
N Tillman

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

On the adoption of the amendment, the ayes were 30, nays 139. The amendment was lost.

The following amendment was read:

Representatives Kaye of the 37th and Yates of the 106th move to amend HR 662 as fol lows:
insert on page 5 after line 19
"Any other act of the General Assembly or individual chamber thereof to the contrary, notwithstanding, no extension or continuation of the commission shall be made except by an affirmative vote of both houses of the General Assembly."

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

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

Colwell
N Connell
N Cox
N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M
N Dickinson
Y Dix N Dixon, H N Dixon, S N Dobbs
Ehrhart N Epps N Evans
Felton N Flovd, 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 N Hart N Heard N Hegstrom Y Hembree N Henson
N Holland N Holmes

N Howard
N Hudson N Hughes N Hugley
N Irvin
N James N Jamieson N Jenkins
Johnson, D.H N Johnson, K
Johnson, G N Johnson, J N Johnston N Jones Y Joyce Y Kaye
N Kinnamon N Klein N Ladd Y Lakly N Lane, D N Lane, R
N Lawrence N Lawson NLee N Lewis N Lord N Lucas Y Maddox N Mann N Martin N McBee N McClinton
N McKinney
Milam
Y Mills

N Moblev. B N Mobley, J N Moore
Mosley
N Mueller
Oliver
N O'Neal Orrock
N Padgett N Parham
N Parrish N Patten N Pelote N Perry N Pinholster
Poag N Polak N Porter N Poston
N Powell
N Purcell, A
N Purcell, B N Randall N Randolph N Ray N Reaves N Reichert N Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp
N Simpson N Sinkfield 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
N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Tavlor N Teague Y Teper N Thomas
N Tillman
N Titus
Towery
N Trense
N Turnquest Twiggs
N Vaughan N Walker N Wall N Watson N Watts Y Westmoreland
White Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

TUESDAY, FEBRUARY 1, 1994

417

On the adoption of the amendment, the ayes were 14, nays 149. The amendment was lost.

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 Baiiey Y Baker
Y Bannister Y Bartoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Boslick Y Breedlove Y Brooks. D Y Brooks. T Y Brown Y Buck
Y Buckner N Bunn
Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrel] 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 N Dix Y Dixon. H Y" Dixon. S Y Dobbs
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 Manner
Y Harris. B Y Harris. M Y Hart Y Heard Y" Hegstrom Y Hembree Y" Henson
Y Holland Y7 Holmes

Y' Howard
Y Hudson Y Hughes
Y Hugley Y7 Irvin
Y James Y' Jamieson Y Jenkins
Johnson, D.H Y" Johnson. K Y' Johnson, G Y7 Johnson, J
Y Johnston Y Jones Y Joyce N Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly Y Lane, D
Y Lane, R Lawrence
Y7 Lawson
Y Lee Y7 Lewis Y Lord
Y Lucas N Maddox
Y Mann Y Martin Y McBee Y' McClinton Y' McKinney Y Milam N Mills

Y Mobley, B Y Mobley, J Y7 Moore Y Mosley Y Mueller
Oliver Y O'Nea! Y Orrock
Y Padgett Y7 Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 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, P Y7 Stephenson Y7 Streat Y Taylor Y7 Teague Y Teper Y' Thomas Y Tillman
Y Titus Y Towery Y Trense Y7 Turnquest
Twiggs
Y7 Vaughan Y Walker Y Wall
Y7 Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Y'ates
Y Y'eargin Murphy, Spkr

On the adoption of the Resolution, the ayes were 167, nays 5. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1300.

By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-3-1 of the Official Code of Georgia Anno tated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but

418

JOURNAL OF THE HOUSE,

in no case later than 30 days after the filing of the petition; 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 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, is amended by striking subsection (c) in its entirety and inserting in its place the following:
"(c) Within ten days of the filing of the petition under this article or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. If a hearing is not held within ten 30 days, the petition shall stand dismissed unless the parties otherwise agree."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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 Ehrhart Y Epps
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 Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney 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
Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Skipper

Y Smith. C Y Smith, L Y Smith, P Y Smith, T
Smith, V Smith, W Y Smyre YSnow Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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

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 Henson of the 65th, Milam of the 130th and Smith of the 102nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

TUESDAY, FEBRUARY 1, 1994

419

The Speaker Pro Tern assumed the Chair.

HB 1302.

By Representative Cauthorn of the 35th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to protective orders for family violence, so as to provide for the extension of such orders and conversion of such orders to permanent orders.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, so as to provide for the conversion of such orders to permanent orders; to provide for notice and a hearing; 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 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders for family violence, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection to read as follows:
"(c) Any such orders granted under this Code section shall not remain in effect for more than six months; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to a permanent order."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey E Baker Y Bannister Y Barfoot
Bargeron Y Barnes
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 Y Byrd
Y Campbell Canty Carlisle
Y Carrell Y Carter Y Cauthorn Y Chamhless Y Chandler

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 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 Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Lee Y Lewis Y Lord Y Lucas
Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney
Milam Y Mills
Y Mobley, B Y Mobley. J
Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish Y Patten

Y Pelote Y Perry Y Pinholster
Y Poag Y Polak Y Porter Y Poston
Y Powell Y Purcell. A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield
Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W

420

JOURNAL OF THE HOUSE,

Y Smyre
Y Snow Stancil. F
Y Stancil. S Y Stanley. L
Y Stanley. P

Y Stephenson
Y Streat Y Taylor Y Teague Y' Teper
Y Thomas

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 passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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 "aye" thereon.

HB 1303.

By Representative Cauthorn of the 35th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recog nizances, so as to make offenses involving family violence or violation of a protective order ineligible for bail according to a schedule.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to general provisions relative to bonds and recognizances, so as to provide that certain persons arrested without a warrant upon acts of family violence shall not be eligible for bail prior to an appearance before a judicial officer; to provide for increased bail and specific conditions for release for offenses involving an act of family violence; to provide for bail only before a judge in certain offenses involving family violence and seri ous injury; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to general provisions relative to bonds and recognizances, is amended by striking in its entirety Code Section 17-6-1, relating to where offenses are bailable, proce dure, schedule of bails, and appeal bonds, and inserting in lieu thereof the following:
"17-6-1. (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; and (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

TUESDAY, FEBRUARY 1, 1994

421

convicted of, was on probation or parole with respect to, or was on bail for kidnap ping, arson, aggravated assault, burglary, or one or more of the offenses listed in para graphs (1) through (9) of this subsection. (b) (1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(2) Except as otherwise provided in this chapter; :_ (A) a A person charged with violating Code Section 40-6-391 whose alcohol con
centration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (4) of subsection (a) of Code Section 40-6-391 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recognizance; j and
(B) When an arrest is made by a law enforcement officer without a warrant upon an act of family violence pursuant to Code Section 17-4-20, the person charged with the offense shall not be eligible for bail prior to the arresting officer or some other law enforcement officer taking the arrested person before a judicial officer pursuant to Code Section 17-4-21. (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 condi tions 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 restric tions on the defendant which may be necessary to deter further stalking of the vic tim, including but not limited to denying bail or pretrial release. (c) (1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26 or 17-4-62, the presiding judicial officer shall notify the superior court in writ ing within 48 hours that the arrested person is being held without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice. (2) In the event a person is detained in a municipal jail for an offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section for a period of 30 days, the municipal court shall notify the superior court in writing within 48 hours that the arrested person has been held for such time without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and set a date for a hearing on the issue of bail within 30 days after receipt of such notice. (3) Notice sent to the superior court pursuant to paragraph (1) or (2) of this sub section shall include any incident reports and criminal history reports relevant to the detention of such person. (d) A person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section may petition the supe rior court requesting that he such person be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such peti tion. (e) A court shall be authorized to release a person on bail if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

422

JOURNAL OF THE HOUSE,

(3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (f) (1) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails; Such Dfliis sfiQii rctjuirc iflcrcsscd usil tt tiic oiicnsc involved stfi set 6t iQ.im.iy defined in Code Section 19-13-1. Unless and unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from cus tody upon posting bail as fixed in the schedule.
(2) For offenses involving an act of family violence, as defined in Code Section 19-13-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participa tion in domestic violence counseling, substance abuse therapy, or other therapeutic requirements.
(3) For offenses involving an act of family violence, the The judge shall determine whether the conditions under which the schedule of bail bails and one or more of its specific conditions shall be used, except that any offense involving an act of family violence; as defined i Code Section 10-18 1, and involving serious injury to the victim shall be bailable only before a judicial officer judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimi dation of the victim is such as to make it desirable that the consideration of the impo sition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judicial officer judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may fee deemed deem necessary; te prevent fttftw &ct/9 0r violence riftrftssnicnt, of intimidQtion or witnesses. 1 ficsc conditions msy
victim ef any member ef the victim's family er household, the immediate enrollment td participation in domestic violence counseling, substance abuse therapy, et other therapeutic requirements. As used in this Code section, the term 'serious injury' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury. (g) No appeal bond shall be granted to any person who has been convicted of mur der, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, trafficking in cocaine or marijuana, or aircraft hijacking and who has been sentenced to serve a period of incarceration of seven years or more. The granting of an appeal bond to a person who has been convicted of any other crime shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies. (h) Except in cases in which life imprisonment or the death penalty may be imposed, a judge of the superior court by written order may delegate the authority provided for in this Code section to any judge of any court of inquiry within such superior court judge's circuit. However, such authority may not be exercised outside the county in which said judge of the court of inquiry was appointed or elected. The written order del egating such authority shall be valid for a period of one year, but may be revoked by the superior court judge issuing such order at any time prior to the end of that one-year period. (i) As used in this Code section, the term 'bail' shall include the releasing of a person on his such person's own recognizance."

TUESDAY, FEBRUARY 1, 1994

423

Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey E Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks. U 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 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
Ehrhart Y Epps Y' Evans
Y Felton Y Floyd, J.M Y Flovd, 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 Irvin
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
YLee Y Lewis
Lord Y Lucas Y' Maddox Y Mann Y Martin
Y McBee Y McClinton
McKinney 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
Y Poag Y Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
Y Ray Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield
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, P Y' Stephenson Y' Streat
Y Taylor Y Teague
Y Teper Y' Thomas Y Tillman Y Titus
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 substi tute.

HB 1254.

By Representatives Thomas of the 100th and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense pro grams, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to state funded local indigent defense programs, so as to provide for indi gent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts; to provide for indigent defense in certain pretrial proceedings; to provide for indi gent defense in certain juvenile proceedings; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.

424

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Anno tated, relating to state funded local indigent defense programs, is amended by adding a new Code section to read as follows:
"17-12-38.1. State funded local indigent defense programs and local indigent defense programs shall provide legal representation for indigents in all felony and misdemeanor cases in the superior, state, and magistrate courts; all actions and proceedings provided for under subparagraph (e)(4)(B) and paragraph (2) of subsection (f) of Code Section 17-7-131; and all actions and proceedings within the juvenile courts of this state in which a person is entitled to legal representation under the Constitution of the United States or the Constitution and laws of the State of Georgia, including but not limited to actions involving delinquency, unruliness, incorrigibility, deprivation, and termination of parental rights. Nothing in this Code section shall be interpreted as applying to guardians ad litem."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe V Atkins Y Bailey
E Baker Y Bannister
Y Barfoot Y Bargeron \ Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks. U Y Brooks. 'I'
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 Chamhless
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 Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon. H Y Dixon. S 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 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 Irvin
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 Kinnamun Y Klein
Y Ladd Y Lakly Y Lane. D Y Lane. R Y Lawrence Y Lawson
Y Lee Y Lewis Y Lord
Y Lucas Y Maddox Y Mann
Y Martin Y McBee
Y McClinton McKinney
Y Mitam 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 Y Porter Y Poston Y Powell Y Purcell, A Y Purcell. B Y Randall
Y Randolph Y Ray Y Reaves
Reichert Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y' Simpson
Sinkfield
Y Skipper

Y Smith. C Y Sm th, L Y Sm th, P Y Sm th, T Y Sm th. V Y Sm th. VV Y Sm
Y Sn< Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley. P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y" Vaughan Y Walker Y Wall Y Watson Y Watts \ Westmorland
White Williams. B Y Williams, R Y Yates Y Yeargin Murphy. Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

TUESDAY, FEBRUARY 1, 1994

425

HB 632. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of Georgia Music Hall of Fame Authority shall become members of such retirement system.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Ashe N Atkins Y Bailey
E Baker N Bannister Y Barfoot V Bargeron N Barnes Y Bates V Benel'ield V Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks. D Y Brooks. T
Brown Y Buck Y Buckner N Bunn
N Burkhalter Y Byrd Y Campbell
Y Canty Carlisle
Y Carrell \ Carter Y Cauthorn Y Chamhless Y Chandler Y Channell
Y Childers N Clark
Coker Y Coleman, B
Y Coleman, T

Y Colwell Connell
Y Cox N Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson N Dix Y Dixon, H Y' Dixon, S Y Dobbs N Ehrhart Y Epps
Evans N Felton Y Floyd, J.M Y Flovd. J.W
Y Godbee Golden
Y' Goodwin
Y" Greene Y Groover Y' Hammond
Manner
Y Harris, B N Harris, M
Y Hart Y Heard Y" Hegstrom N Hembree
Y Henson Y Holland Y Holmes

Y Howard Y- Hudson
N Hughes Y Hugley N Irvin Y" -James
Y Jamieson Jenkins Johnson, D.H
Y" Johnson, E N Johnson, G N Johnson, J Y Johnston Y Jones N Joyce N Kaye Y' Kinnamon N Klein
N Ladd N Lakly Y Lane, D Y Lane, R N Lawrence N Lawson
Lee Y Lewis
Y Lord Y' Lucas N Maddox N Mann Y Martin
Y McBee Y McClinton
McKinney Milam N Mills

Y Mobley, B Y Mobley, J N Moore
Y Mosley N Mueller
Oliver
Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish \' Patten Y Pelote Y Perry N Pinholster Y Poag Y Polak \ Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph Y Ray Y' Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill N Shipp Y' Simpson
Sinkfield Y" Skipper

N Smith. C
Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, VV
Y" Smyre Y" Snow
Stancil. F N Stand!, S Y' Stanley. L
Y Stanley, P Y Stephenson Y Streat
Y Taylor Y Teague Y" Teper Y Thomas Y Tillman Y Titus N Towery N Trense Y' Turnquest Y Twiggs
N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White
Williams, B
Y Williams, R N Y^ates Y" Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 116, nays 45. The Bill, having received the requisite constitutional majority, was passed.

Representative Johnson of the 84th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

HB 1186. By Representative Groover of the 125th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Anno tated, relating to the disclosure of AIDS confidential information, so as to change the conditions under which such disclosure is authorized in certain proceedings and procedures involving persons who are or who are alleged to be mentally ill, mentally retarded, or alcoholic or drug dependent and involv ing guardianships.

426

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to the disclosure of AIDS confidential information, so as to change the conditions under which such disclosure is authorized in certain proceedings and procedures involving per sons who are or who are alleged to be mentally ill, mentally retarded, or alcoholic or drug dependent and involving guardianships; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 24-9-47 of the Official Code of Georgia Annotated, relating to the disclosure of AIDS confidential information, is amended by striking subsection (bb) and inserting in its place the following:
"(bb) AIDS confidential information may be disclosed as a part of any proceeding or procedure authorized or required pursuant to Chapter 3, 4, or 7 of Title 37, regarding a person who is alleged to be or who is mentally ill, mentally retarded, or alcoholic or drug dependent, or as a part of any proceeding or procedure authorized or required pur suant to Title 29, regarding the guardianship of a person or that person's estate, as fol lows:
(1) Any person who files or transmits a petition or other document which discloses AIDS confidential information in connection with any such proceeding or procedure shall provide a cover page which contains only the type of proceeding or procedure, the court in which the proceeding or procedure is or will be pending, and the words 'CONFIDENTIAL INFORMATION' without in any way otherwise disclosing thereon the name of any individual or that such petition or other document specifically con tains AIDS confidential information;
(2) AIDS confidential information shall only be disclosed pursuant to this subsec tion after disclosure to and with the written consent of the person identified by that information, or that person's parent or guardian if that person is a minor or has previ ously been adjudicated as being incompetent, or by order ef court obtained in accord ance with subparagraph (C) or (D) of paragraph (3) of this subsection;
(3) If any person files or transmits a petition or other document in connection with any such proceeding or procedure which discloses AIDS confidential information with out obtaining consent as provided in paragraph (2) of this subsection, the court receiv ing such information shall either obtain written consent as set forth in that paragraph (2) for any further use or disclosure of such information or:
(A) Return such petition or other document to the person who filed or trans mitted same, with directions against further filing or transmittal of such information in connection with such proceeding or procedure except in compliance with this sub section;
(B) Delete or expunge all references to such AIDS confidential information from the particular petition or other document; &t
(C) (i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that informa tion. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in connection with which the information is sought, the petitioning court shall appoint an attorney for such person. The petitioning court shall have both that person and that person's attorney person ally served with notice of the petition and time and place of the superior court hearing thereon. Such hearing shall not be held sooner than 72 hours after service, unless the information is to be used in connection with an emergency guardian ship proceeding under Chapter 5 of Title 29, in which event the hearing shall not be held sooner than 48 hours after service.
(ii) The superior court in which a petition is filed pursuant to division (i) of this subparagraph shall hold an in camera hearing on such petition. The purpose

TUESDAY, FEBRUARY 1, 1994

427

of the hearing shall be to determine whether there is clear and convincing evi dence of a compelling need for the AIDS confidential information sought in con nection with the particular proceeding or procedure which cannot be accommodated by other means. In assessing compelling need, the superior court shall weigh the public health, safety, or welfare needs or any other public or pri vate need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this subparagraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal; ad or (D) In any such proceeding where an order of a probate court judge is issued requiring the subject of such proceeding to be taken into custody for detention, to be transferred to a health care provider, or to be brought before a hearing in such proceeding, the probate judge may disclose or authorize the disclosure of such confi dential information to any law enforcement officer or health care provider whom such judge reasonably believes will be in physical contact with the body fluids of such person in the execution of such order. Any such person receiving such informa tion shall maintain the confidentiality of such information and disclose the same only as permitted by such order; and (4) The court having jurisdiction over such proceeding or procedure, when it becomes apparent that AIDS confidential information will likely be or has been dis closed in connection with such proceeding or procedure, shall take such measures as the court determines appropriate to preserve the confidentiality of the disclosed infor mation to the maximum extent possible. Such measures shall include, without being limited to, closing the proceeding or procedure to the public and sealing all or any part of the records of the proceeding or procedure containing AIDS confidential infor mation. The records of any appeals taken from any such proceeding or procedure shall also be sealed. Furthermore, the court may consult with and obtain the advice of med ical experts or other counsel or advisers as to the relevance and materiality of such information in such proceedings or procedures, so long as the identity of the person identified by such information is not thereby revealed."
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 follows:

Y Ashe Y Atkins Y Bailey E Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y- Bordeaux Y Bostick Y Breedluve
Y Brooks. U 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 Channel! Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman. T Y Colweil
Connell Y Cox
Y Crawi'ord Y Crews Y Culbreth Y Cummings Y Davis, G

Y Davis. M Y Dickinson YDix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart Y' Epps Y Evans Y Felton Y Flovd. J.M
Floyd, J.W
Y Godbee 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
Henson Y Holland Y Holmes Y Howard Y' Hudson Y Hughes
Y Hugley Y" Irvin
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
Y Maddox YMann Y Martin Y McBee
Y McClinton Y McKinney
Milam Y Mills Y Mobley. B Y Mobley, J

428

JOURNAL OF THE HOUSE,

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, A Y Purcell, B
Y Randall
Y' Randolph Y Ray
Reaves
Y Reichert Y Roberts Y Royal Y Scoggins

Y Shanahan
Y Sherrill Y Shipp Y Simpson
Sinkfield Y* Skipper
Y Smith, C
Y Smith, L Y Smith, P
Smith, T
Y Smith, V Y Smith, W Y' Smyre Y Snow

Stancil. F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat
Y Taylor
Y Teague Y Teper Y Thomas
Y Tillman Y Titus Y Towery Y Trense

Y Turnquest
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 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.

Due to a mechanical malfunction, the vote of Representative Lucas of the 124th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1221.

By Representatives Jamieson of the 22nd, Smith of the 109th, Porter of the 143rd, Parham of the 122nd and Maddox of the 108th:
A bill to amend Code Section 40-2-66 of the Official Code of Georgia Anno tated, relating to special license plates for members of the Georgia National Guard, so as to provide for the issuance, free of charge, of a motor vehicle license plate to retired members of the Georgia National Guard.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide special license plates for members of the State Transportation Board; to provide procedures for the issuance and renewal of such special license plates and revalidation decals; to provide for fees; to provide for the transfer of such special license plates; to provide for the issuance, free of charge, of a motor vehicle license plate to retired members of the Georgia National Guard; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding between Code Sections 40-2-62 and 40-2-63 a new Code Section 40-2-62.1 to read as follows:
"40-2-62.1. The commissioner shall design and issue distinctive license plates to each member of the State Transportation Board to be placed on such official's personal motor vehicle. Each such distinctive license plate shall indicate the individual's office and no county name decal need be affixed to such plate. The special license plate autho rized by this Code section shall be issued to such official upon application and payment of a manufacturing fee of $25.00 and upon compliance with the state laws relating to registration and licensing of motor vehicles and may be transferred as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of

TUESDAY, FEBRUARY 1, 1994

429

other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
Section 2. Said article is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 40-2-66 of the Official Code of Georgia Annotated, relat ing to special license plates for members of the Georgia National Guard, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment ef- th basic registration f-ee; shall be issued2 free of charge, a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, how ever, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsec tion. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 1221 by striking from lines 15 through 17 of page 3 the following:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.",
and inserting in its place the following:
This Act shall become effective July 1, 1994."

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 E Baker Y Bannister Y Barloot Y Bargeron
Barnes Y Bates

Y Benel'ield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, U Y Brooks, T Y Brown Y Buck

Y Butkner
Y Bunn Y Burkhalter Y Byrd Y Campbell Y 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 Oohvell
Connell Y Cox Y Crawford Y' Crews Y Culbreth
Cummings Y Davis, G Y Davis, M

430

JOURNAL OF THE HOUSE,

Y Dickinson
Y Dix Y 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
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 Irvin Y James Y -Jamieson Y Jenkins
Johnson, LJ.H
Y Johnson, E
Y Johnson, G
Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Laklv Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee
Y Lewis
Y Lord

Y Lucas Y Maddox Y Mann
Y Martin Y McBee
Y McClinton McKinney
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 Y Poag Y Polak Y Porter

Y Poston Y Powell Y Purcell. A Y Purcell, B Y Randall
Y Randolph
Y Ray Reaves
Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Sinkfield
Y Skipper 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. P Y Stephenson Y Streat
Y Taylor Y Teague
Y Teper Y Thomas
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, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1233.

By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Anno tated, relating to certificates of title for motor vehicles, so as to repeal the provision that the certificate of title for a mobile home which has been declared to be real property shall be retired.

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 Bailev E 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 Bvrd
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 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 Ehrhart Y Epps Y Evans Y 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 Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard
Y' Hudson Y Hughes

Y Hugley Y Irvin 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 YLee Y Lewis Y Lord Y Lucas

Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney 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

TUESDAY, FEBRUARY 1, 1994

431

Y Porter
Y Poston Y Powell Y Purcell. A Y Purcell. B 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 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, P Y Stephenson
Y Streat

Y Taylor
Y Teague Y Teper Y Thomas 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, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1256.

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; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 1256 as follows: Line 27 - page 2: after the word "effective" insert "January 1, 1995.", and remove remainder of sentence.

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
E 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 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 Ehrhart Y Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee
Golden
Y 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
Y Hughes
Y Hugley rvin imes imieson enkins ohnson, D.H ihnson, 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 Y Mann Y Martin Y McBee
Y McClinton
McKinney 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
Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph Y Ray Y Reaves
Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W

432

JOURNAL OF THE HOUSE,

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

Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas

Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

Y Yaughan

Y Walker

Y Wall

Y Watson

\ Watts

.

Y Westmorland

Y White
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.

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

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Anno tated, relating to privileged communications, so as to extend the privileged communica tions between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged com munications between psychologists and clients; to provide that a patient's rights shall not be abrogated; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Anno tated, relating to privileged communications, is amended by striking Code Section 24-9-21, relating to confidentiality of certain communications, and inserting in lieu thereof the fol lowing:
"24-9-21. (a) There are certain admissions and communications excluded on grounds of public policy. Among these are:
(1) Communications between husband and wife; (2) Communications between attorney and client; (3) Communications among grand jurors; (4) Secrets of state; and (5) Communications between psychiatrist and patient. (b) The privilege provided by paragraph (5) of subsection (a) of this Code section shall also extend to: (1) Communications between a patient and any member of the patient's treatment team who is a licensed marriage and family therapist, professional counselor, clinical social worker, or clinical nurse specialist in psychiatric or mental health participating in the evaluation, care, or treatment of such patient in a medical facility as defined in Code Section 31-7-1 or in a community mental health facility operated under, licensed, or certified by the Department of Human Resources, whether or not said licensed health professional is an agent or employee of the facility; and (2) Communications between or among any such licensed:
(A) Marriage and family therapist; (B) Professional counselor; (C) Clinical social worker; or

TUESDAY, FEBRUARY 1, 1994

433

(D) Clinical nurse specialist in psychiatric or mental health or between or among any of the aforementioned licensed health professionals and a psychiatrist, regarding a patient's communications described in paragraph (1) of this subsection. This subsection shall not be construed to abrogate the patient's right to waive the privi lege."
Section 2. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, is amended by striking Code Section 43-39-16, relating to privileged com munications between a psychologist and client, and inserting in lieu thereof the following:
"43-39-16. (a) The confidential relations and communications between a licensed psychologist and client are placed upon the same basis as those provided by law between attorney and client; and nothing in this chapter shall be construed to require any such privileged communication to be disclosed.
(b) The privilege provided by subsection (a) of this Code section shall also extend to:
(1) Communications between a client and any member of the patient's treatment team who is a licensed:
(A) Marriage and family therapist; (B) Professional counselor; (C) Clinical social worker; or (D) Clinical nurse specialist in psychiatric or mental health participating in the evaluation, care, or treatment of such client in a medical facility as defined in Code Section 31-7-1 or in a community mental health facility operated under, licensed, or certified by the Department of Human Resources, whether or not said licensed health professional is an agent or employee of the facility; and (2) Communications between or among any such licensed marriage and family therapist, professional counselor, clinical social worker, or clinical nurse specialist in psychiatric or mental health or between or among any of the aforementioned licensed health professionals and a psychologist, regarding a client's communications described in paragraph (1) of this subsection. This subsection shall not be construed to abrogate the patient's right to waive the privi lege."
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 E Baker Y Bannister
Y Barfont Y Bargeron Y Barnes Y Bates Y Benetleld
Y Birdsong Y' Bordeaux Y Bostick Y Breedlove Y Brooks. U 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 Channel!
Y Childers Y Clark Y Cok'er Y Coleman. B Y' Coleman, T Y Colwell
Connell
Y Cox Y" Crawt'ord
Y Crews Y' Culhreth

Y' Cumminjis
Y Davis, G Davis, M
Y Dickinson
Y Dix Y Dixon. H Y Dixon. S Y Dobbs Y Ehrhart Y" Epps Y Evans Y Felton Y Flovd. J.M Y Flovd, J.W
Y Godbee 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
Howard Y' Hudson Y Hughes Y Hugley Y Irvin Y" James Y Jamieson Y' Jenkins
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 Y Lucas Y Maddox
Mann Y Martin Y McBee Y McClinton

434

JOURNAL OF THE HOUSE,

McKinney Y Milam
Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller
Y Oliver Y O'Neal Y Orrock
Y Padgett
Y Parham
Y Parrish
Y Patten

Y Pelote Y Perry
Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B 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 Skipper Smith, C Smith, L
Y Smith, P
Y Smith, T
Smith, V
Y Smith, W

Y 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
Y Tillman
Y Titus
Y Towery

Y Trense Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall
Watson Y Watts
Y Westmorland Y White Y Williams, B
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 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 "aye" thereon.

Representative Holmes of the 53rd arose to a point of personal privilege and addressed the House.

Representative Lawrence of the 64th arose to a point of personal privilege and addressed the House.

Representative Joyce of the 1st arose to a point of personal privilege and addressed the House.

Representative McKinney of the 51st 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 amending the same:

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.

Representative Hudson of the 156th moved that the House insist on its position in disagreeing to the Senate amendment to HB 786 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 Hudson of the 156th, Royal of the 164th and Reaves of the 178th.

TUESDAY, FEBRUARY 1, 1994

435

Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:

HR 705. By Representatives Johnson of the 153rd and Henson of the 65th:
A resolution urging the Southern Building Code Congress International, Inc., to increase the number of water closets for females required for Large Assembly Occupancies.

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 E Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick 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 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 Ehrhart Y Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Golden
Y 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 Y Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson. U.H Y Johnson, E Y Johnson, G Y Johnson, J \' Johnston \ Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson Y Lee Y Lewis
Lord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinton
Y McKinney Y Milam Y Mills

Mobley, B
Y Mobley, J 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, A Y Purcell, B
Randall
Y Randolph Ray
Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y' Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield
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, P Y' Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson
Watts Y Westmorland Y White Y Williams. B Y Williams, R Y Yates Y' Yeargin
Murphy, Spkr

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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

436

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 2, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James E. Boyd, Pastor, North Baxley United Methodist Church, Baxley, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1575. By Representative Stancil of the 16th: A bill to amend Code Section 50-26-17, relating to the acquisition, manage ment, development, disposition, and financing of property by the Georgia Housing and Finance Authority, so as to direct the authority to develop a special program of financing law enforcement officers' purchases of homes in high crime areas.
Referred to the Committee on Banks & Banking.
HB 1577. By Representatives Royal of the 164th and Greene of the 158th: A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solic itor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 2, 1994

437

HB 1578. By Representative Childers of the 13th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to sales and use tax exemptions, so as to provide an exemption for certain sales to vocational schools for the mentally disabled.
Referred to the Committee on Ways & Means.

HB 1579. By Representative Childers of the 13th:
A bill to amend Chapter 18 of Title 36 of the Official Code of Georgia Anno tated, relating to the regulation of cable television systems, so as to provide that no county nor municipality shall grant a franchise to or renew a fran chise agreement with a cable television system or company unless such sys tem or company agrees that the basic costs of providing cable connection to a household shall cover the provision of equipment for connecting more than one television.
Referred to the Committee on Industry.

HB 1580. By Representative Greene of the 158th:
A bill to amend an Act placing the sheriff of Calhoun County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1581. By Representatives Baker of the 70th, Turnquest of the 73rd, Henson of the 65th, Randolph of the 72nd, McClinton of the 68th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxa tion of property, so as to authorize certain counties and municipal corpora tions to collect ad valorem taxes due on tangible property other than motor vehicles in four installments.
Referred to the Committee on Ways & Means.

HB 1582. By Representative Colwell of the 7th:
A bill to amend Code Section 48-8-03 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by certain nonprofit corporations, associations, clubs, organizations, or groups.
Referred to the Committee on Ways & Means.

HB 1583. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1584. By Representatives Taylor of the 134th and Hugley of the 133rd:
A bill to amend Code Section 31-2-6 of the Official Code of Georgia Anno tated, relating to actions against applicants or licensees regulated under Chapters 7, 13, 22, and 23 of Title 31, so as to provide for the applicability of subsection (a) of Code Section 50-13-17.
Referred to the Committee on Special Judiciary.

438

JOURNAL OF THE HOUSE,

HB 1585. By Representative Poston of the 3rd:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting of deer, so as to make it unlawful to hunt deer within 300 yards of any residential or commercial structure unless permission by the owner or occupant of such structure has been given.
Referred to the Committee on Game, Fish & Parks.

HB 1586. By Representative Cummings of the 27th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, 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 cir cumstances.
Referred to the Committee on Retirement.

HB 1587. By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the compensation of the chairperson and each mem ber of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1588. By Representative Poston of the 3rd:
A bill to amend Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to controlled sub stances and dangerous drugs, so as to provide for the secure handling, stor age, and destruction of controlled substances, counterfeit substances, imitation controlled substances, dangerous drugs, marijuana, and drug related objects introduced in evidence in any proceeding in the courts of this state.
Referred to the Committee on Judiciary.

HB 1589. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-63 of the Official Code of Georgia Anno tated, relating to membership in the Teachers Retirement System of Georgia by certain public school employees, so as to provide that the local school sys tem and each vocational-technical school employing a member of such retire ment system shall be the employer of the member for the purposes of making employer contributions.
Referred to the Committee on Retirement.

HB 1590. By Representatives Baker of the 70th, Turnquest of the 73rd, Henson of the 65th, Hegstrom of the 66th, Polak of the 67th and others:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Anno tated, relating to the approval of tax digests when a certain percentage of assessments are in arbitration or on appeal, so as to increase the maximum allowable percentage of such assessments under review.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 2, 1994

439

HB 1591. By Representatives McKinney of the 51st, Holmes of the 53rd, McClinton of the 68th, Orrock of the 56th, Ashe of the 46th and others:
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 the terms of court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1592. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Carroll County during designated registra tion periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1595. By Representatives Barnes of the 33rd, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to compensation of court bailiffs and expense allowance for jurors, so as to provide for issuing to jurors a statement showing the daily expense allowance and the total expense allowance received; to provide for compensation of full-time employees for jury duty at the usual rate less the expense allowance received for jury duty.
Referred to the Committee on Judiciary.

HB 1596. By Representative Barnes of the 33rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of certain terms relating to utility contracting; to change certain provisions regarding the bidding of utility contracting work.
Referred to the Committee on Industry.

HB 1597. By Representatives Colwell of the 7th, Dobbs of the 92nd and Coleman of the 142nd:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Ser vice Commission, so as to change the procedures for selection of the chair man of the Public Service Commission.
Referred to the Committee on Industry.

HB 1598. By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act entitled "An Act to create and establish the EllavilleSchley County Charter Commission," so as to change certain provisions rela tive to the referendum; to extend the time within which the charter commission is required to prepare, file, and complete the charter.
Referred to the Committee on State Planning & Community Affairs - Local.

440

JOURNAL OF THE HOUSE,

HB 1599. By Representatives Coker of the 31st and Hammond of the 32nd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the misdemeanor offense of a person under the age of 17 years to use or possess a pistol, handgun, or revolver outside of such person's home or place of busi ness; to provide that such person's motor vehicle shall not be presumed to be an extension of his or her home.
Referred to the Committee on Judiciary.

HB 1600. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connec tion with National Guard activities without first having declared an emer gency.
Referred to the Committee on Defense & Veterans Affairs.

HB 1601. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A bill to amend Code Section 40-2-67 of the Official Code of Georgia Anno tated, relating to special license plates for commanders of certain veterans' organizations, so as to provide that special license plates may be issued to state commanders of nationally chartered veterans' organizations.
Referred to the Committee on Motor Vehicles.

HB 1602. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the general powers of the mayor and council.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1603. By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act creating the Warner Robins Building Authority, so as to provide that the city clerk of the City of Warner Robins shall serve as secretary of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1604. 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 School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that school district who have annual incomes not exceeding $22,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 2, 1994

441

HB 1605. By Representatives Davis of the 48th and Stanley of the 50th:
A bill to amend Code Section 12-7-7 of the Official Code of Georgia Anno tated, relating to permits required for land-disturbing activities, so as to pro vide that no such permit shall be issued for any land upon which is owing any past due ad valorem taxes.
Referred to the Committee on Natural Resources & Environment.

HB 1606. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to provide a homestead exemption from all City of Centerville ad valo rem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of the City of Centerville who are 70 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1607. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act providing for the election of the Sumter County Board of Education," so as to change the compensation of the members of said board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1608. By Representatives Watson of the 139th, Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd and others:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to provide for the arbitration of disputes between builders and purchasers of certain residential property; to provide that con tracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".
Referred to the Committee on Industry.

HR 811. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may enact Acts conditioned for their effectiveness upon ratification by the electors of the state; to provide that any such Act shall not be subject to veto by the Governor.
Referred to the Committee on Rules.

HR 812. By Representatives Barnes of the 33rd, Cauthorn of the 35th and Hammond of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide for rights of crime victims, including the right to be informed of and present at public hearings and to be heard at sentencing or another appropriate time; to provide that a court shall not be authorized to void a finding regarding guilt, acceptance of a plea, or a sentence.
Referred to the Committee on Judiciary.

442

JOURNAL OF THE HOUSE,

HR 814. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A resolution authorizing the conveyance of certain state owned real property located in Floyd County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 815. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A resolution expressing appreciation to Georgia's World War II veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erect ing a monument in honor of Georgia's World War II veterans.
Referred to the Committee on Defense & Veterans Affairs.

HR 816. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A resolution authorizing the conveyance of certain state owned real property located in Glynn County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 817. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A resolution authorizing the conveyance of certain state owned real property located in Glynn County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 818. By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th, Klein of the 39th, Atkins of the 29th and others:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia.
Referred to the Committee on State Institutions & Property.

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

HB 1543

HB 1544

HB 1545

HB 1546

HB 1547

HB 1548

HB 1549

HHRB

1K.cn
1550

U HD B 115CC511

HB 1552

HB 1553

HB 1554

HB 1555

HB 1556

HB 1557

HB 1558 HB 1559 HB 1560 HB 1561 HB 1562 HB 1563 HR ,-, HTjrB, 1, 5ccn4
"> lODO
HB 1568
HB 1569 HB 1570 HB 1571
HB 1572
HB 1573

WEDNESDAY, FEBRUARY 2, 1994

443

HB 1574 HB 1576 HB 1593 HB 1594 HR 795 HR 796 HR 797 HR 806 HR 807

HR 808 SB 409 SB 411 SB 416 SB 420 SB 439 SB 457 SB 463 SB 471

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1512 Do Pass, by Substitute HB 1513 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1204 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate has instructed me to report the same back to the House with the fol lowing recommendations:
HB 1307 Do Pass, by Substitute HB 1393 Do Pass SB 170 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

444

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 828 Do Pass, by Substitute HB 1351 Do Pass, by Substitute

HB 1362 Do Pass, by Substitute HB 1420 Do Pass

Respectfully submitted, Is./ Thomas of the 100th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1265 Do Pass, by Substitute HB 1266 Do Pass, by Substitute HB 1340 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:

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

HR 772 Do Pass HR 794 Do Pass HR 798 Do Pass

HR 810 Do Pass HR 813 Do Pass HR 809 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

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

WEDNESDAY, FEBRUARY 2, 1994

445

HB 1497 Do Pass

Respectfully submitted, Is/ Lane of the 55th
Chairman

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

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1136 Do Pass HB 1317 Do Pass

HR 744 Do Pass SR 248 Do Pass

Respectfully submitted, M Colwell of the 7th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1241 Do Pass HB 1297 Do Pass

HB 1361 Do Pass HB 1388 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HB 1497. By Representative Jamieson of the 22nd:
A bill to amend an Act incorporating the City of Toccoa, so as to deannex and exclude certain property from the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
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:

446

JOURNAL OF THE HOUSE,

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

SB 42. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th, Gochenour of the 27th, Ralston of the 51st and others:
A bill to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding criminal trespass, so as to create the offense of school trespass; to provide for penal ties.

SB 288. By Senators Kemp of the 3rd, Hooks of the 14th, Boshears of the 6th, Blitch of the 7th, Baugh of the 25th and others:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to provide for the offense of carjacking; to provide for penalties.

SB 454. By Senators Robinson of the 16th and Hooks of the 14th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school employees, so as to provide for the payment of premiums in monthly installments; to provide for an effective date.

SB 462. By Senators Thomas of the 10th, Burton of the 5th, Oliver of the 42nd, Tysinger of the 41st and Henson of the 55th:
A bill to amend Code Section 40-6-228 of the Official Code of Georgia Anno tated, relating to enforcement of the Handicapped Parking Law, so as to pro vide for unlawful practices directed towards handicapped parking monitors; to provide a penalty.

SB 485. By Senator Pollard of the 24th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Anno tated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.

SB 490. By Senator Isakson of the 21st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insurance; to provide for the definition of the term preexisting condi tion in group policies or contracts of disability income insurance; to provide for applicability.

HB 659. By Representatives Scoggins of the 24th, Holland of the 157th, Heard of the 89th and Sherrill of the 62nd:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to prohibit certain acts involving the knowing and willful obstruction or hinderance of any emergency medical technician in the performance of such emergency medical technician's official duties.

WEDNESDAY, FEBRUARY 2, 1994

447

HB 1370.

By Representatives Yates of the 106th and Carlisle of the 107th:
A bill to amend an Act creating the Board of Commissioners of Spalding County, so as to redesignate and describe the commissioner districts in Spalding County.

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

SR 407. By Senators Slotin of the 39th, Egan of the 40th, Broun of the 46th, Day of the 48th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of any county or municipality may exempt from ad valorem taxation for a period not to exceed three years any property which is being developed or renovated to provide housing for low-income per sons if such property is owned and being developed or renovated by a non profit agency whose primary purpose is to provide housing for low-income persons; to provide for the submission of this amendment for ratification or rejection.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 686. By Representatives Cox of the 160th and Royal of the 164th:
A bill to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, so as to provide that it shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part.

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

SB 42. By Senators Newbill of the 56th, Clay of the 37th, Glanton of the 34th, Gochenour of the 27th, Ralston of the 51st and others:
A bill to amend Part 1 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding criminal trespass, so as to create the offense of school trespass; to provide for penal ties.
Referred to the Committee on Judiciary.

SB 288. By Senators Kemp of the 3rd, Hooks of the 14th, Boshears of the 6th, Blitch of the 7th, Baugh of the 25th and others:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to provide for the offense of carjacking; to provide for penalties.
Referred to the Committee on Judiciary.

SB 454. By Senators Robinson of the 16th and Hooks of the 14th:
A bill to amend Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public school employees, so as to provide for the payment of premiums in monthly installments; to provide for an effective date.
Referred to the Committee on Insurance.

448

JOURNAL OF THE HOUSE,

SB 462. By Senators Thomas of the 10th, Burton of the 5th, Oliver of the 42nd, Tysinger of the 41st and Henson of the 55th:
A bill to amend Code Section 40-6-228 of the Official Code of Georgia Anno tated, relating to enforcement of the Handicapped Parking Law, so as to pro vide for unlawful practices directed towards handicapped parking monitors; to provide a penalty.
Referred to the Committee on Special Judiciary.

SB 485. By Senator Pollard of the 24th:
A bill to amend Chapter 33 of Title 33 of the Official Code of Georgia Anno tated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter.
Referred to the Committee on Insurance.

SB 490. By Senator Isakson of the 21st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insurance; to provide for the definition of the term preexisting condi tion in group policies or contracts of disability income insurance; to provide for applicability.
Referred to the Committee on Insurance.

SR 407. By Senators Slotin of the 39th, Egan of the 40th, Broun of the 46th, Day of the 48th and Thomas of the 10th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of any county or municipality may exempt from ad valorem taxation for a period not to exceed three years any property which is being developed or renovated to provide housing for low-income per sons if such property is owned and being developed or renovated by a non profit agency whose primary purpose is to provide housing for low-income persons; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

Representative Wall of the 82nd arose to a point of personal privilege and addressed the House.

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

HR 772. By Representatives Maddox of the 108th, Carlisle of the 107th and Smith of the 109th:
A resolution commending the Stockbridge High School Naval Junior Reserve Officers' Training Corps and inviting the unit and the unit instructors to appear before the House of Representatives.

WEDNESDAY, FEBRUARY 2, 1994

449

HR 794. By Representatives Titus of the 180th, Reaves of the 178th, Bates of the 179th and Royal of the 164th:
A resolution commending the Thomas County Central High School Yellow Jackets football team and inviting the players and coaches to appear before the House of Representatives.

HR 798. By Representatives James of the 140th and Ray of the 128th:
A resolution proclaiming February as Camellia Festival Month in the State of Georgia and inviting representatives of the festival to appear.

HR 809. By Representatives Byrd of the 170th, Floyd of the 172nd, Mosley of the 171st, Purcell of the 9th and Mobley of the 86th:
A resolution commending Staff Sergeant Robert C. Pitts III and inviting him to appear before the House of Representatives.

HR 810. By Representatives Ray of the 128th and James of the 140th:
A resolution commending the Georgia Peach Festival and inviting a represen tative of the festival to appear before the House of Representatives.

HR 813. By Representatives Lane of the 146th, Godbee of the 145th, Culbreth of the 132nd and Buck of the 135th:
A resolution commending Kara Martin and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 820. By Representative Cauthorn of the 35th:
A resolution commending and recognizing the volunteer efforts of lawyers handling indigent defense criminal cases throughout Georgia and the 1000 Lawyers for Justice project.

HR 826. By Representatives Williams of the 114th, Connell of the 115th, Padgett of the 119th, Howard of the 118th and Brown of the 117th:
A resolution commending the master plan of the Augusta Canal Authority.

HR 827. 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 congratulating Ruth Terrell Porter on the occasion of her one hundredth birthday.

HR 828. By Representative Coleman of the 80th: A resolution commending Henry Brote.

HR 829. By Representatives Teague of the 58th, Davis of the 48th, Stanley of the 50th, Stanley of the 49th and Brooks of the 54th:
A resolution recognizing Hezekiah Walker and the Love Fellowship Crusade Choir and proclaiming February 5, 1994, as "Hezekiah Walker and the Love Fellowship Crusade Choir Day" in Georgia.

450

JOURNAL OF THE HOUSE,

HR 830. By Representatives Teague of the 58th, Hegstrom of the 66th, Hugley of the 133rd, Epps of the 131st and McKinney of the 51st:
A resolution designating 1994 as "The Year of Gospel Music" in the State of Georgia.

HR 831. By Representatives Dickinson of the 83rd, Johnson of the 84th, Breedlove of the 85th, Crews of the 78th, Bannister of the 77th and others:
A resolution commending Wayne Bolden, former chief of the Gwinnett County Police Department.

HR 832. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A resolution commending the Department of Veterans Affairs' national salute to hospitalized veterans.

HR 833. By Representative Barnes of the 33rd: A resolution commending Mr. Joseph C. Sullivan.

HR 834. By Representatives Barnes of the 33rd, Hammond of the 32nd and Cauthorn of the 35th:
A resolution recognizing and commending James Robert "Robbie" Hamrick.

HR 835. By Representative Pelote of the 149th: A resolution commending Eugene Nathaniel Wilson.

HR 836. By Representatives Teague of the 58th, Davis of the 48th, Stanley of the 50th, Stanley of the 49th and Brooks of the 54th:
A resolution commending Hezekiah Walker.

HR 837. By Representatives Dickinson of the 83rd, Johnson of the 153rd, Pelote of the 149th, Bordeaux of the 151st, Dixon of the 150th and others:
A resolution commending Mr. Albert Seidl.

HR 838. By Representative Shipp of the 38th:
A resolution commending Mr. Mark Henry Smith on the occasion of his birthday.

HR 839. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A resolution commending and recognizing Ms. Vallye Blanton of Lowndes County.

HR 840. By Representative Brooks of the 54th:
A resolution expressing regret at the passing of Mrs. Stella Mae Dotson Gilliam.

WEDNESDAY, FEBRUARY 2, 1994

451

HR 841. By Representative Brooks of the 54th: A resolution expressing regret at the passing of Deacon Jessie Howard.

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

HR 821. By Representatives Carlisle of the 107th, Hughes of the 19th, Smith of the 109th, Buckner of the 95th, Bailey of the 93rd and others:
A resolution recognizing and commending Mr. O. Bruton Smith and inviting him to appear before the House of Representatives.

HR 822. By Representatives Campbell of the 42nd, Burkhalter of the 41st, Trense of the 44th, Irvin of the 45th and Felton of the 43rd:
A resolution recognizing Scottish Borders Enterprise and inviting Chairman Derrick A. Bumpsteed and Chief Executive David P. Douglas to appear before the House of Representatives.

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

SB 386. By Senator Brown of the 26th:
A bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," as amended, so as to add certain definitions; to increase benefits pay able under the plan; to add a minimum pension of $200 per month; to pro vide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee contributions.

Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1357.

By Representatives Watson of the 139th, Buck of the 135th, Watts of the 26th and Lakly of the 105th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Anno tated, relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996; to define certain terms; to provide for legislative findings and declaration of purpose; to establish the public policy of this state regarding hotel price

452

JOURNAL OF THE HOUSE,

gouging during the 1996 Olympic Games; to provide for enforcement; to provide a formula for determining when room rates are excessive; to prohibit hotels from imposing special service charges or fees or requiring guests to reserve room nights before or after the Olym pic Period or to purchase other goods or services in order to use hotel rooms during the Olympic Period; to provide exceptions; to provide criminal penalties; to provide for civil remedies and actions; to provide for civil penalties; to authorize the awarding of attorney's fees and court costs to persons suffering damages from violations of this Act; to provide a termination date; to provide for related matters; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Anno tated, relating to rights, duties, and liabilities of innkeepers, is amended by adding follow ing Code Section 43-21-15 a new Code Section 43-21-16 to read as follows:
"43-21-16. (a) For purposes of this Code section, the term: (1) 'Hotel' means a building containing four or more individual sleeping rooms or
suites that are available to the general public for compensation for overnight lodging purposes and includes, without limitation, hotels, motels, motor lodges, and bed and breakfast establishments.
(2) 'Olympic Period' means the period beginning the second night prior to the opening ceremonies of the 1996 Olympic Games and ending the second morning after the closing ceremonies of the 1996 Olympic Games.
(3) 'Operator' means the operator of a hotel, whether or not the owner or lessee of the hotel building, who conducts the business of providing overnight accommoda tions to guests. The term operator shall also include brokers, wholesalers, and other persons who purchase and resell hotel rooms.
(4) 'Room night' means one night's single or double occupancy of a single sleeping room, including one night's use of a suite. (b) The General Assembly has the power to protect the lives, health, morals, com fort, and general welfare of the citizens of the state and, accordingly, finds and deter mines that:
(1) The convention and tourism industries are vital to the state's economy, and the hotel industry is an essential component of the state's convention and tourism indus tries;
(2) It is a significant and legitimate public purpose to protect the state's conven tion and tourism industries against long-term ill effects that could result from a per ception of rampant price gouging during the 1996 Olympic Games; and
(3) It is the intention of this Code section to safeguard the vital interests of the state without preventing Georgia hotel operators from attaining profits during the Olympic Period reasonably expected from full occupancy of hotels during peak con vention and travel periods. (c) Except as provided in subsection (e) of this Code section, it shall be unlawful for any hotel operator to:
(1) Provide rooms for compensation during the Olympic Period, whether in the form of room charges, special service charges, fees, or otherwise, at rates in excess of published room rates, exclusive of special discounts, as in effect at the hotel between January 1, 1994, and December 1, 1994, increased only by two times the average annual increase, if any, for the three-year period from November 1, 1991, through October 31, 1994, in the Consumer Price Index (CPI) for the United States, All Urban Consumers (1982-84 = 100), published by the United States Bureau of Labor Statis tics, or any revisions or replacements to such index subsequently published with any appropriate adjustment; or
(2) Require guests staying in hotel rooms during the Olympic Period to reserve room nights before or after the Olympic Period or to purchase other goods or services in order to use hotel rooms during the Olympic Period. (d) Except as provided in subsection (e) of this Code section, regarding hotel rooms constructed after January 1, 1994, it shall be unlawful for any hotel operator to:

WEDNESDAY, FEBRUARY 2, 1994

453

(1) Provide such rooms for compensation during the Olympic Period, whether in the form of room charges, special service charges, fees, or otherwise, at rates in excess of published room rates for comparable hotel rooms, exclusive of special discounts; or
(2) Require guests staying in such hotel rooms during the Olympic Period to reserve room nights before or after the Olympic Period or to purchase other goods or services in order to use hotel rooms during the Olympic Period. (e) Notwithstanding the provisions of paragraph (1) of subsection (c) or paragraph (1) of subsection (d) of this Code section, there shall be no violation of this Code section if rooms are provided at rates of $100.00 or less per room night or if entire hotel proper ties are provided for official business of the Atlanta Committee for the Olympic Games, Inc. (f) Hotel operators providing rooms during the Olympic Period in violation of this Code section shall be guilty of price gouging, which shall be a misdemeanor, punishable by a fine of not less than $100.00 nor more than $1,000.00. Each room night and each room provided in violation of this Code section shall constitute a separate offense. (g) (1) Any contract or arrangement for the use of rooms in violation of this Code section, whether entered into before or after the enactment of this Code section, shall be voidable by the person contracting to use such rooms. Any person charged amounts constituting a violation of this Code section shall be entitled to:
(A) Seek an injunction or other equitable remedy to prevent violations of this Code section including, without limitation, a court order for the hotel operator to provide the rooms in question at the rates allowed by this Code section;
(B) Recover in a civil action his or her actual damages, plus a penalty of up to $1,000.00 per hotel room, per room night; and
(C) Obtain an award of reasonable attorney's fees and court costs. (2) Any person entitled to bring an action under this Code section may institute a class action pursuant to Code Section 9-11-23. (h) This Code section shall stand automatically repealed as of December 31, 1996."
Section 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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 N Bostick Y Breedlove Y Brooks, D Y Brooks, T

Y Brown Y Buck Y Buckner N 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 Coker
Y Coleman, B Y Coleman, T Y Colwell
Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
Dickinson Y Dix
Dixon, H

Y Dixon, S Dobbs Ehrhart
Y Epps N Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
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 Irvin Y James Y Jamieson Y Jenkins

454

JOURNAL OF THE HOUSE,

Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J
Y Johnston Jones
N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, K N Lawrence Y Lawson YLee Y Lewis YLord Y Lucas

Y Maddox N Mann Y Martin Y McBee Y McClinton Y McKinney
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 N Poag
Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill

Y Shipp Simpson
Y Sinkfield Y Skipper
Y Smith, C Y Smith, L
Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre
YSnow Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat
Y Taylor Y Teague

Y Teper Y Thomas Y Tillman N 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 N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th, Burton of the 5th, Blitch of the 7th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Anno tated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 199:
Add on Page 4, line 22 a new section (H) to read as follows:
Nothing in this chapter shall be construed to allow a doctor of optometry to dispense pharmaceutical agents to patients.

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
Birdsong Y Bordeaux
Bostick Y Breedlove
Y Brooks. D

Brooks. T
Y Brown YBuck 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
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 Ehrhart Y Epps Y Evans Y Feiton 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 Y Heard Y Hegstrom
Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes

WEDNESDAY, FEBRUARY 2, 1994

455

Y Hugley Y Irvin 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, L> Y Lane, R Y Lawrence Y Lawson

Y Lee Y Lewis Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney 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 Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Royal Y Scoggins

Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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

Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan
Y Walker Y Wall Y Watson Y Watts Y Westmoretand 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1194.

By Representative Watson of the 139th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the defini tion of the term "employment"; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distribu tors of printed materials from the term "employment".

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change the definition of the term "employ ment"; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distributors of printed materials from the term "employment"; to change the provisions relating to the State-wide Reserve Ratio; to change the provisions relating to the charging of regular benefits paid against the experience rating accounts of certain employers; to change the provisions relating to the determination of the weekly benefit amount of an individual's claim; to change the provisions relating to overpayments of benefits; to provide for penalties; to authorize the Commissioner of Labor to waive the repayment of interest on the overpayment of benefits resulting from fraud under certain circumstances; to change the provisions relating to the effect of false statements and mis representations made to obtain or increase benefits; to impose interest on the unpaid por tion of overpayments required to be repaid to the Commissioner of Labor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," is amended by striking in its entirety paragraph (16) of subsection (n) of Code Section 34-8-35, relating to the definition of the term "employ ment," and inserting in lieu thereof a new paragraph (16) to read as follows:
"(16) Services performed by an independent contract carrier for an employer who is a publisher or distributor of printed materials by an individual, firm, or corporation in transporting, assembling, delivering, or distributing printed materials and in maintaining any facilities or equipment incidental theretoj; provided that:

456

JOURNAL OF THE HOUSE,

(A) The independent contract carrier has with the employer a written contract as an independent contractor;
(B) Remuneration for the independent contract carrier is on the basis of the num ber of deliveries accomplished;
(C) With exception to providing the area or route which an independent contract carrier may or may not service, or providing materials or direction for the packaging or assembly of printed materials, the employer exercises no general control regarding the method of transporting, assembling, delivering, or distributing the printed materi als; and
(D) The contract entered by the independent contract carrier for such services does not prohibit it from the transportation, delivery, assembly, or distribution of printed materials for more than one employer. Provided, however, that the exclusion provided in this paragraph shall not apply to any such employment on behalf of an employing unit defined in subsection (h) or (i) of this Code section."

Section 2. Said chapter is further amended by striking in its entirety Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof a new Code Section 34-8-156 to read as follows:
"34-8-156. (a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio.
(b) For the period on or after January 1, W90 1995, when the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds 3.3 percent 3.7 percent and over

But Is Less Than 3.7 percent

Overall Reduction 40 percent 69 50 percent

(c) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accord ance with the following table:

If the State-wide Reserve Ratio:

Equals or Exceeds 2.6 percent Under 2.6 percent

But Is Less Than 3.0 percent

Overall Increase 40 percent 60 50 percent

(d) The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions."

Section 3. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 34-8-157, relating to charges of regular benefits paid against the experience rating accounts of certain employees, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) (A) Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year.

WEDNESDAY, FEBRUARY 2, 1994

457

(B) In the event the provisions of subparagraph (A) of this paragraph are deter mined by the United States secretary of labor or by a court of competent jurisdiction at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subpara graph (A) of this paragraph shall be considered null and void and the provisions of this subparagraph shall control. Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the expe rience rating account of all base period employers in the manner provided in subsec tion (a) of this Code section; .
(C) Benefits shall not be charged to the account, of an employer when an individual's overpayment is waived pursuant to Code Section 34-8-254;".
Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-193, relating to the determination of the weekly benefit amount, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
(1) For claims filed on or after July 1, 1983, but before July 1, 1985, the maximum weekly benefit amount shall not exceed $125.00;
(2) For claims filed on or after July 1, 1985, but before July 1, 1986, the maximum weekly benefit amount shall not exceed $135.00;
(3) For claims filed on or after July 1, 1986, but before July 1, 1987, the maximum weekly benefit amount shall not exceed $145.00;
(4) For claims filed on or after July 1, 1987, but before July 1, 1988, the maximum weekly benefit amount shall not exceed $155.00;
(5) For claims filed on or after July 1, 1988, but before July 1, 1989, the maximum weekly benefit amount shall not exceed $165.00;
(6) For claims filed on or after July 1, 1989, but before July 1, 1990, the maximum weekly benefit amount shall not exceed $175.00; ad
(7) For claims filed on or after July 1, 1990, but before July 1^ 1994, the maximum weekly benefit amount shall not exceed $185.00;
(8) For claims filed on or after July l^ 1994, but before July 1^ 1995, the maximum weekly benefit amount shall not exceed $195.00; and
(9) For claims filed on or after July 1^ 1995, the maximum weekly benefit amount shall not exceed $205.00."
Section 5. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-254, relating to overpayments of benefits, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Commissioner may waive the repayment of an overpayment of benefits if the Commissioner determines such repayment to be inequitable. If any person receives such overpayment because of false representations or willful failure to disclose a material fact by such individual, inequitability shall not be a consideration and the person shall be required to repay the entire overpayment] provided, however, that penalty and inter est accrued on the overpayment are subject to waiver if the Commissioner determines such waiver to be in the best interest of the state."
Section 6. Said chapter is further amended by striking in its entirety Code Section 34-8-255, relating to the effect of false statements and misrepresentations made to obtain or increase benefits, and inserting in lieu thereof a new Code Section 34-8-255 to read as follows:
"34-8-255. Any person who knowingly makes a false statement or misrepresentation as to a material fact or who knowingly fails to disclose a material fact to obtain or increase benefits under this chapter, either for himself or herself or for any other person, or who knowingly accepts benefits under this chapter to which such person is not enti tled shall, upon an appropriate finding by the Commissioner, cease to be eligible for

458

JOURNAL OF THE HOUSE,

such benefits and an overpayment of benefits shall be computed without the application of deductible earnings as otherwise provided in Code Section 34-8-193. A penalty of 10 percent may be added to the overpayment and become part of the overpayment. Interest shall accrue on the unpaid portion of such overpayment at a rate of 1 percent per month until repaid to the Commissioner for the Unemployment Compensation Fund. Further, such person shall forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the determination issued by the Commissioner covering said act or omis sion. The ineligibility shall include any unpaid benefits to which the person would other wise be entitled during the remainder of any incomplete calendar quarter in which said determination is made and the next four complete calendar quarters immediately follow ing the date of said determination; provided, however, such person shall be required to repay benefits received for any week as specified in said determination. No determina tion may be made by the Commissioner more than four years after such occurrence, act, or omission. Any such determination by the Commissioner may be appealed in the same manner as provided for the appeal from an initial determination in Article 8 of this chapter. The provisions of this Code section shall be in addition to, and not in lieu of, any provision contained in any of the other Code sections in this chapter."
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benef'ield
Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks. D Y Brooks, T Y Brown
Y Buck 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
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 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
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 Irvin
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 YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis Y Lord
Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney 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 Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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 Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

WEDNESDAY, FEBRUARY 2, 1994

459

HB 1379. By Representatives Harris of the 112th and Watson of the 139th:
A bill to amend Code Section 50-27-17 of the Official Code of Georgia Anno tated, relating to the state-wide network of retailers and qualifications of retailers pursuant to the "Georgia Lottery for Education Act," so as to change the provisions relating to qualifications of lottery retailers.

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 N Bates Y Benet'ield Y Birdsong
Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner
Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carlisle
Y Carrell N Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
Coker Y Coleman, B
Y Coleman, T

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

Howard Y Hudson
Y Hughes Y Hugley Y Irvin 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 YLadd N Lakly Y Lane, D Y Lane, R N Lawrence Y Lawson
YLee Y Lewis YLord
Lucas N Maddox
Y Mann Y Martin
Y McBee N McClinton Y McKinney
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 N Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A
Purcell, B Y 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 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
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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, the ayes were 147, nays 17. The Bill, having received the requisite constitutional majority, was passed.

Representative Mueller of the 152nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HB 965. By Representative Buckner of the 95th:
A bill to amend Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to beauty pageants, so as to change a definition; to change requirements relating to a written notice for entrants; to clarify exemptions; to provide for an alternative to bonds.

The following Committee substitute was read and adopted:

460

JOURNAL OF THE HOUSE,

A BILL
To amend Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to beauty pageants, so as to change a definition; to change requirements relating to a written notice for entrants; to clarify exemptions; to provide for an alternative to bonds; to provide for escrow accounts; to provide for individual liability in certain cir cumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 30 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to beauty pageants, is amended by striking in its entirety paragraph (1) of Code Section 10-1-830, relating to definitions, and inserting in lieu thereof a new para graph to read as follows:
"(1) 'Beauty pageant' means any contest or competition in which entrants are judged on the basis of physical beauty, skill, talent, poise, and personality and in which a winner or winners are selected as representing an ideal in one or more of these areas. 'Beauty pageant' shall not include any such contest or competition in which no applica tion fee or entrance charge is made for contestants, to which no admission charge is made for attendance, and in connection with which no tickets^ er chancesj advertise ments, or sponsorships are sold."
Section 2. Said article is further amended by striking in its entirety Code Section 10-1-831, relating to information required from operators, and inserting in lieu thereof a new Code section to read as follows:
"10-1-831. Before accepting any entrant's fee, all operators shall provide to each entrant in writing the following a written document in at least ten-point type in Helvetica font containing only the following information:
(1) Name, address, and telephone number of the operator; (2) Name, address, and telephone number of the individual or officer of the orga nization having full responsibility for the conducting of the pageant; (3) Names of pageants customarily promoted by the operator; (4) Name and address of individual authorized to accept service of process; (5) Name, address, and telephone number of the financial institution in which the entrants' fees are held; ea*& (6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-1-832; ;and (7) A statement which reads as follows: 'The State of Georgia requires bonding or escrow of pageants conducted for the profit of operators.'"
Section 3. Said article is further amended by striking Code Section 10-1-832, relating to bond requirements, and inserting in lieu thereof a new Code section to read as follows:
"10-1-832. Except for operators who are exempt from the requirements of this Code section, in accordance with Code Section 10-1-833, each operator shall maintain a bond in the amount of $10,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor of this state. Such bond shall be for the use and benefit of any person who has paid any entrant's fee for a beauty pageant. Such bond shall be conditioned to pay all losses, damages, and expenses that may be sustained by such person by reason of any violation of this title. Any person who complies with the requirements of Code Section 10-1-837 shall not be required to post the bond required by this Code section."
Section 4. Said article is further amended by striking in its entirety Code Section 10-1-833, relating to exemptions from bond requirements, and inserting in lieu thereof a new Code section to read as follows:
"10il-833. No bond shall be required from nonprofit organizations, bona fide civic clubs in existence for at least one year, churches, religious organizations, and groups, fairs, or festivals affiliated with schools or political subdivisions, or from any other pageant which confers no benefit upon any participant other than any or all of the fol lowing: a beauty title2 a crown, a trophy, a ribbon or a sash. To be exempt from Code

WEDNESDAY, FEBRUARY 2, 1994

461

Section 10-1-832 under this Code Section, pageants conducted by individuals or busi nesses to raise funds for nonprofit organizations shall award 100 percent of the moneys generated by the pageant to the nonprofit organization and the nonprofit organization may, if previously agreed, then pay the expenses incurred in producing the pageant."
Section 5. Said article is further amended by striking in its entirety Code Section 10-1-834, relating to cancellation or default, and inserting in lieu thereof a new Code sec tion to read as follows:
"10-1-834. If a beauty pageant is canceled or fails to take place, all entrants' fees shall be promptly refunded by the operator. For pageants subject to Code Section 10-1-832, the The surety shall be liable for any unrefunded entrants' fees in the case of a default by the operator."
Section 6. Said article is further amended by striking in its entirety Code Section 10-1-835, relating to civil violation, and inserting in lieu thereof a new Code section to read as follows:
"10-1-835. Any violation of this article shall be considered a violation of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' as administered by the Governor's Office of Consumer Affairs, and all public and private remedies available under such part shall be available regarding violations of this article."
Section 7. Said article is further amended by adding at the end thereof new Code sections, to be designated Code Sections 10-1-837 and 10-1-838, to read as follows:
"10-1-837. In lieu of obtaining the bond required by Code Section 10-1-832, any operator may place all entrants' fees in an escrow account from which the operator can not and does not withdraw any funds until the pageant has been held and all awards have been made. If the operator elects this option, in lieu of the information required by paragraph (6) of Code Section 10-1-831 the operator shall provide in the written statement the name, address, and telephone number of the financial institution where the escrow account is maintained and the account number of the escrow account. The operator shall maintain a record of each escrow account established for a period of five years.
10-1-838. Any individual who fails to comply with either Code Section 10-1-832 or 10-1-837 shall be individually liable for any damages or losses suffered by any partici pant in a pageant, without regard to whether the pageant operator is structured as a corporation, partnership, limited partnership, or any other form of business entity."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y 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
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 Ehrhart YEpps Y Evans Y Felton

Y Floyd, J.M
Y Floyd, J.W Y Godbee Y Golden
Goodwin 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 Y Irvin
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

462

JOURNAL OF THE HOUSE,

YLadd
Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson
Lee Y Lewis
YLord Lucas
Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley 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, A Y Purcell, B Y 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 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 Y Teague Y Teper Y Thomas

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
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.

HB 1308.

By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that the term "adjuster" does not include a sal aried employee of an insurer who adjusts claims; to provide that cancellation for nonpayment of premium may be initiated without any notice of intent to cancel in those instances where a check or money order is not honored upon presentation.

The following amendment was read and adopted:

The Committee on Insurance moves to amend HB 1308 by adding on line 15 of page 2 after the word "services" and before the word "in" the following:
".including the receiving of premiums,".

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

Y Byrd 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 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 Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner

Y Harris, B 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 Irvin 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
Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson
YLee Y Lewis
Y Lord Lucas
Y Maddox YMann Y Martin Y McBee Y McClinton

WEDNESDAY, FEBRUARY 2, 1994

463

Y McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten

Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall
Y Randolph Y Ray Y Reaves
Reichert

Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
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, P Y Stephenson
Y Streat Y Taylor Y Teague N Teper
Thomas Y Tillman
Y Titus Y Towery

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 162, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1309.

By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that surplus line brokers' certificates need only state the type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quarter.

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 provide for reports of surplus line insurers transacting product liability insurance; to provide that surplus line brokers' certificates need only state the type of insurance pur chased; to provide that surplus line brokers file quarterly affidavits and pay taxes on pre miums billed by such surplus line brokers during the previous quarter; to delete certain reporting requirements for surplus line brokers; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-3-22, relating to reports of insurers authorized to transact product liability insurance, and inserting in lieu thereof a new Code Section 33-3-22 to read as follows:
"33-3-22. The Commissioner by rie and regulation may require each insurer2 includ ing any surplus line insurer, providing product liability insurance in this state to provide annual reports of its affairs transactions and operations regarding product liability insur ance covering risks located in this state with such frequency ad m such form as the Commissioner dccma necessary. Such reports shall include only those items enumerated in paragraphs (1) through (4) of subsection (c) of Code Section 33-3-21.1."
Section 2. Said title is further amended by striking subsection (a) of Code Section 33-5-27, relating to issuance to insured by broker of evidence of insurance, in its entirety and inserting in its place the following:
"(a) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if the policy is not then available, the surplus line broker's certificate. The certificate shall be executed by the broker and shall show the description and loca tion of the subject of the insurance, coverage, conditions a general statement of the type

464

JOURNAL OF THE HOUSE,

of insurance purchased, and the term of the insurance, the premium and date charged, taxes collected from the insured, and the name and address of the insured and the insurer. If the direct risk is assumed by more than one insurer, the certificate or the pol icy, when delivered, shall state the name and address and proportion of the entire direct risk assumed by each insurer."
Section 3. Said title is further amended by striking Code Section 33-5-29, relating to filing of quarterly affidavits by surplus line brokers, in its entirety and inserting in its place the following:
"33-5-29. (a) Each surplus line broker shall file with the Commissioner, on a quar terly basis, an affidavit executed by the surplus line broker setting forth the facts referred to in Code Section 33-5-21. Such affidavit shall furnish certificate or cover note number, name of insured, the amount of the premium, the tax paid thereon, and any other information as the Commissioner may require for all surplus line transactions wnicn premiums were P&.IU OP were flue find pflyflbie billed Dy tne surplus lins proKer during the previous quarter. The quarterly affidavit shall be filed with the Commissioner on or before the fifteenth day of April, July, October, and January. Each surplus line broker shall remit a 4 percent tax on direct premiums written, as defined in Code Sec tion 33-5-31. The tax shall be remitted with the surplus line broker's quarterly affidavit.
tine broicer Siifl.il provide *ne Oommissioner witn SUCH reports ot tts &IISIFS snd opeFfl" t/ions re8.Fding tnsur&nce covering insured persons^ resident OF locflted m tnis stflte, tor

tah* any information as the Commissioner may by regulation er by erder from time te time prescribe wxiictij fts to product iiflbility insurers, rnsy include out snftii not be required te be limited te the following information:
{1}--T-he total number ef- product liability claims, broken down byt \A)----i"fj type of cfltc^ory of clflimsj flnd (B)--Whether the claima were: {*)----Reported during a prior period and cloacd during the reporting period; {)--Reported and cloacd during the reporting period; or (iii) Reported and net closed during the reporting period;
\j)--1 ne totfti amount pflid tft settlement OP discti&rge ot tne cio.ims *OF escft type OP cflte^oipy of ciflimsj

e reserves shall fee required te be maintained fey the Commissioner m confidence, except tnflt sumniflries of tne comoincd totflis ot sucn reserves snsii oe subject to inspection by members ot tfte vjenerfli /vssem biy upon

must be classified separately with respect te manufacturers, wholesalers or distribu
\o)--1 ne tot&i number ot insured persons, resident OF locsted tft tnis st&te, tor which the product liability insurance has been provided which must be classified sepa rately with respect te manufacturers, wholesalers or distributors, and retailors;
product liflbiiity msurcince covers^e trie insurer witn wnicn tne suppius line bPOKCP placed the coverage, canceled er rcfuacd te renew and the reasons therefor which must fee classified separately with respect te manufacturers, wholesalers er distributors, and

jailed te renew tncir product liability insurance policies during tne reporting period which information must be classified separately with respect te manufacturers, whole salcrs er distributors, and retailers. Reports on product liability insurance coverages shall be provided by surplus line insurers in accordance with Code Section 33-3-22."

WEDNESDAY, FEBRUARY 2, 1994

465

Section 4. Said title is further amended by striking subsection (a) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business, in its entirety and inserting in its place the following:
"(a) The surplus line broker shall remit to the Commissioner, on or before the fif teenth day of April, July, October, and January, at the time his or her quarterly affida vit is submitted, as a tax imposed for the privilege of doing business as a surplus line broker in this state, a tax of 4 percent on all premiums paid dwe and payable billed by the surplus line broker during the preceding quarter, less return premiums and exclu sive of sums collected to cover state or federal taxes, on surplus line insurance subject to tax transacted by him or her during the preceding quarter as shown by his or her affidavit filed with the Commissioner."
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Breedlove Y Brooks, D
Y Brooks, T Brown
Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
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 Colwel! 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 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 Manner Y Harris, B
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 Irvin 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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson
Y Lee Y Lewis Y Lord
Lucas Y" Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney
Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
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, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinklield
Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre
Snow Y Stancil, F
Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
N Teper Thomas
Y Tillman Y Titus Y Towery Y Trense
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 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1321.

By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd, Groover of the 125th, Thomas of the 100th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Anno tated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters.

466

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 1321 by striking all the language from lines 29 and 30 of page 6 and inserting in lieu thereof the following:
"services not related to a particular case or reporting incident between a certified court reporter or any".
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
Baker Y Bannister
Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
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 Connell
Y Cox 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 Ehrhart YEpps
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 Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones
Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann
Y Martin Y McBee Y McClinton Y McKinney Y Milam
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, A Y Purcell, B
Randall Y Randolph
YRay Reaves
Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Y Tillman Y Titus Y Towery
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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

By unanimous consent, HB 1321 was ordered immediately transmitted to the Senate.

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

WEDNESDAY, FEBRUARY 2, 1994

467

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 repeal certain provisions which prohibit retired superior court judges, state court judges, and state court solicitors from holding public office or engaging in the private practice of law; 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 striking in its entirety Code Section 47-8-61, relating to the term of office as senior judge under the Superior Court Judges Retirement Fund and related matters, and inserting in lieu thereof the following:
"47-8-61. All persons appointed as senior judges under this chapter shall hold such
ef solicitors in any court f the United States. The Governor may call upon such judges to serve as judges of the superior courts when the regular judge for some reason is unable to serve. Such judges are also authorized to serve in the superior courts as may be otherwise provided by law."
Section 2. Said title is further amended by striking in its entirety Code Section 47-8-66, relating to the suspension of appointment to the office of senior judge for certain reasons under the Superior Court Judges Retirement Fund, which reads as follows:
"47-8-66. (a) Notwithstanding any other provisions of this chapter, if any judge of a superior court becomes eligible for appointment or is actually appointed a senior judge under this chapter and while so eligible for appointment or holding such an appointment is elected, appointed to, or qualifies for an office of profit or trust under the Constitu tion of the United States or the Constitution of Georgia, his right to appointment as senior judge or to continue to hold such an appointment and to draw the salaries fixed therefor under this chapter shall be suspended during the period of time that he holds such office. Upon ceasing to hold such office, he shall then be entitled to appointment to the office of senior judge or to reappointment to that office with all the obligations, rights, and duties set forth in this chapter. His compensation as a senior judge in such event shall be the same amount as would be received by him as a senior judge if his appointment or reappointment were his initial appointment as such.
(b) The purpose of this Code section is to permit any judge of a superior court who may have been appointed senior judge or who may be eligible for appointment as senior judge to accept some other office of profit or trust under the Constitution of the United States or the Constitution of Georgia without affecting his then existing rights under this chapter, except to suspend the right to hold that office and to receive the salary provided therefor while holding such other office.
(c) During the time that such judge of the superior court or senior judge is holding another office under the Constitution of the United States or the Constitution of Geor gia, he shall not be required to make any contributions under this chapter.", and inserting in lieu thereof the following:
"47-8-66. Reserved."
Section 3. Said title is further amended by redesignating subsection (c) of Code Sec tion 47-9-60, relating to the creation of the office of senior judge under the Superior Court Judges Retirement System and related matters, as subsection (b) and by striking in its entirety current subsection (b), which reads as follows:
"(b) No senior judge of the superior courts shall be eligible for election or appoint ment to any other office of this state and may not practice law. Any judge of the supe rior courts who ceases to hold office and who would be eligible for appointment as senior judge under any provision of this Code section may decline such appointment and prac tice law or accept appointment or election to other office. No such former judge who declines such appointment shall be eligible to receive any benefits under this chapter

468

JOURNAL OF THE HOUSE,

until such former judge accepts appointment as senior judge and attains early retirement age, if not eligible for retirement at the time of accepting appointment as senior judge. Any such former judge who has declined appointment as senior judge may at any time accept appointment as senior judge, but at the time of accepting such appointment, the former judge must cease practicing law and resign from any other office, if holding another office at the time of accepting such appointment. Any former superior court judge who is eligible therefor may become a senior judge at any time by making applica tion to the Governor for appointment as a senior judge."
Section 4. Said title is further amended by striking in its entirety Code Section 47-10-107, relating to eligibility for election to state office and to practice law while receiv ing benefits under the Trial Judges and Solicitors Retirement Fund, which reads as fol lows:
"47-10-107. Any judge or solicitor of an inferior court who is receiving retirement benefits under this chapter shall be ineligible for election or appointment to any other office in this state; provided, however, that the provisions of this Code section shall not prohibit a former judge who is receiving retirement benefits under this chapter from being appointed as a senior judge if qualified for such appointment pursuant to the pro visions of Article 8 of this chapter.", and inserting in lieu thereof the following:
"47-10-107. Reserved."
Section 5. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
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 N Atkins Y Bailey Y Baker
N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown Y Buck
Y Buckner Y Bunn
N Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler

Y Channell
Y Childers N Clark N Coker Y Coleman, B Y Coleman, T Y Colwell
Connell Y Cox N Crawford Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M Y Dickinson Y Dix
Dixon, H Y Dixon, S N Dobbs N Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M Y Floyd, J.VV 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 Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H N Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce N Kaye Y Kinnamon N Klein

Y Ladd N Lakly Y Lane, D Y Lane, R Y Lawrence N Lawson Y Lee Y Lewis Y Lord
Lucas N Maddox N Mann Y Martin Y McBee Y McClinton
McKinney 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 N Pinholster Y Poag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

WEDNESDAY, FEBRUARY 2, 1994

469

Smyre Y Snow Y Stancil, F N Stancil, S
Stanley. L Stanley. P

Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas

Y Tillman N Titus N Towery Y Trense
Turnquest Y Twiggs

N Vaughan Walker Wall
Y Watson Y Watts N Westmoreland

Y White Y Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 130, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Johnston of the 81st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

HB 1451.

By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th, Baker of the 70th, McClinton of the 68th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the interest income from cer tain reserve funds may be used to pay operating costs until June 30, 1997.

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 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 YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M
Floyd, J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Lee Y Lewis Y Lord Y Lucas
Y Maddox YMann Y Martin Y McBee
Y McClinton McKinney
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 Poweil Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

On the passage of the Bill, the ayes were 168, nays 0.

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, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas 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

470

JOURNAL OF THE HOUSE,

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

Representative Royal of the 164th 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 1452.

By Representatives Martin of the 47th, Lane of the 55th, Buck of the 135th, Baker of the 70th, McClinton of the 68th and others:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that members of the Authority board of directors serve for their respective terms of office and until their respective successors are appointed and qualified.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1452 by striking the comma and inserting in its place "and" at the end of line 7 of page 1.
By striking ", and privileges" on line 8 of page 1.
By striking line 18 of page 3 and inserting in its place the following:
"have authority and immunities equivalent to".

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks. D Y Brooks, T Y Brown Y Buck Y Buckner Y 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 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 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 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 Irvin 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 YLee Y Lewis Y Lord Y Lucas Y Maddox
Mann Y Martin Y McBee Y McClinton Y McKinney 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 Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus
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

WEDNESDAY, FEBRUARY 2, 1994

471

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 215. By Representatives Martin of the 47th, Ashe of the 46th, McClinton of the 68th, Dover of the 9th, Baker of the 70th and others:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, so as to change the provisions providing for the repeal of that resolution.

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

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Y Birdsong 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 Carlisle
Y Carrell
Y Carter Y Cauthorn
Y Chamblesb 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 Y Dix
Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Y Epps Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Goodwin
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 Irvin 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 Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis YLord Y Lucas
Y Maddox Y Mann Y Martin
Y McBee Y McClinton Y McKinney
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, A Y Purcell, B 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 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 Y Teague Y Teper Y Thomas 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 adoption of the Resolution, the ayes were 167, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:

472

JOURNAL OF THE HOUSE,

HR 661 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 1217 Do Pass, by Substitute HB 1481 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1341 Do Pass, by Substitute HB 1391 Do Pass SB 414 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

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

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 326 Do Pass, by Substitute HB 1395 Do Pass, by Substitute HB 1398 Do Pass

HB 1502 Do Pass HB 1524 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Smith of the 169th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

WEDNESDAY, FEBRUARY 2, 1994

473

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1554 Do Pass
Respectfully submitted, /s/ Smith of the 169th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 250 Do Pass HB 838 Do Pass HB 1209 Do Pass HB 1333 Do Pass, by Substitute

HB 1389 Do Pass HB 1423 Do Pass HB 1493 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 253 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
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.

474

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 3, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe Atkins Barfoot Bates Birdsong Bostick Breedlove Brooks, D
Brooks, T Brown Buck Buckner Bunn Byrd Campbell
Canty Carrell
Carter Chandler Channell Childers Clark Coker Coleman, B Coleman, T

Connell Cox Crawford Crews
Culbreth Cummings Davis, M Dickinson Dixon, H Dixon, S Ehrhart Epps Evans
Felton
Floyd, J.W Golden Greene Hammond
Harris, M
Heard Hembree Henson Holland
Howard

Hudson Hughes Hugley Jamieson Johnson, G Johnson,J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane, R Lewis Lord
Maddox
Mann McBee McClinton Mills
Mobley, B Mobley, J Moore

Mosley Mueller Oliver O'Neal Padgett Parham Patten Pelote Pinholster Polak Porter Powell
Purcell, A
Purcell, B
Randolph Reaves Reichert Roberts Royal
Scoggins Shanahan
Sherrill
Shipp Skipper

Smith, C Smith, L Smith, P Smith, T Smith, V Snow Stancil, S Stephenson Streat Taylor Teper Tillman Titus
Towery
Turnquest Vaughan
Wall
Watson
Watts
Westmoreland
Williams, B Williams, R Yates
Yeargin

The following members were off the floor of the House when the roll was called:
Representatives Lawson of the 20th, Hegstrom of the 66th, Lane of the 55th, Benefield of the 96th, Orrock of the 56th, Bordeaux of the 151st, Davis of the 48th, Godbee of the 145th, Hart of the 116th, Smith of the 174th, Burkhalter of the 41st, James of the 140th, Stanley of the 50th, Jones of the 71st, Hanner of the 159th, Stanley of the 49th, Perry of the llth, Poag of the 6th, Milam of the 130th, Randall of the 127th, Chambless of the 163rd, Sinkfield of the 57th, Stancil of the 91st, Smyre of the 136th, Lee of the 94th, Johnson of the 153rd, Harris of the 112th, Lucas of the 124th, Carlisle of the 107th, Floyd of the 172nd, Trense of the 44th, Bailey of the 93rd, Baker of the 70th, McKinney of the 51st, Simpson of the 101st, Teague of the 58th, Thomas of the 100th, Irvin of the 45th, Jenkins of the 110th and Dix of the 76th.
They wish to be recorded as present.

Prayer was offered by the Reverend Frank Powers, Associate Pastor, Central Baptist Church, Douglasville, 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.

THURSDAY, FEBRUARY 3, 1994

475

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1609. By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to change the provisions relating to the assessment, levy, and collection of an ad valorem tax by the mayor and aldermen on the real and personal property within the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1610. By Representatives Mobley of the 86th, Street of the 167th, Pelote of the 149th, Bostick of the 165th and O'Neal of the 75th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to prohibit persons from misleading the general public concerning their employment with or association with the Department of Public Safety or the Georgia State Patrol.
Referred to the Committee on Public Safety.

HB 1611. By Representative Buckner of the 95th:
A bill to amend Code Section 2-10-55 of the Official code of Georgia Anno tated, relating to the authority of Commissioner of Agriculture with regard to farmers' markets, so as to provide for a license and fee to sell in a farmers' market; to provide for duration of such license; to provide for a waiver of li cense fee.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1612. By Representative Buckner of the 95th:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products in general, so as to provide that whenever fruits or vegetables which are on the public mar ket for consumer purchase in bushel quantity or less are found not to be in compliance with the standards of quality and deserving of a written compli ance notification established by the Commissioner of Agriculture.
Referred to the Committee on Agriculture & Consumer Affairs.

476

JOURNAL OF THE HOUSE,

HB 1613. By Representatives Bates of the 179th, Yeargin of the 90th, Watts of the 26th, Lane of the 55th and Mobley of the 86th:
A bill to amend Code Section 48-13-6 of the Official Code of Georgia Anno tated, relating to the levy of occupation tax by counties and municipalities, and Code Section 48-13-16 of the Official Code of Georgia Annotated, relat ing to businesses or practitioners of occupations exempt from occupation taxes of local governments, so as to clarify that certain businesses and occu pations are not subject to the provisions of Article 1 of Chapter 13 of Title 48, but remain subject to taxation under other provisions of general law and municipal charters.
Referred to the Committee on State Planning & Community Affairs.
HB 1614. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the election of members of the board of education; to provide for education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1615. By Representatives Bannister of the 77th, Wall of the 82nd, Breedlove of the 85th, Johnson of the 84th, Dix of the 76th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1616. By Representative Colwell of the 7th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission.
Referred to the Committee on State Institutions & Property.

HB 1617. By Representative Colwell of the 7th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of law enforcement offi cers, firemen, prison guards, and publicly employed emergency medical tech nicians, so as to change the composition of the Georgia State Indemnification Commission.
Referred to the Committee on State Institutions & Property.

HB 1618. By Representatives Mobley of the 86th, Bostick of the 165th and Street of the 167th:
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 and tobacco related products, so as to change the provi sions relating to enforcement actions and the preparation of annual reports to be filed with the United States Department of Health and Human Ser vices.
Referred to the Committee on Industry.

THURSDAY, FEBRUARY 3, 1994

477

HB 1619. By Representatives Patten of the 176th, Barfoot of the 155th, Floyd of the 172nd and Dobbs of the 92nd:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Underground Storage Tank Act," so as to define and redefine certain terms; to provide for inspections of sites by contractors or agents of the Department of Natural Resources; to permit the director imme diately to issue emergency orders for corrective action without awaiting the concurrence of the governor.
Referred to the Committee on Natural Resources & Environment.

HB 1620. By Representatives Mobley of the 69th, Hegstrom of the 66th, Teague of the 58th, Stanley of the 49th and Johnson of the 148th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to powers of the Department of Human Resources regarding programs for children, so as to authorize payments for certain preparatory programs for potential foster parents and adoptive parents.
Referred to the Committee on Children and Youth.

HB 1621. By Representatives Epps of the 131st, Milam of the 130th, Heard of the 89th, Street of the 167th, Lane of the 55th and others:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to littering public and private property, so as to provide that a sentence for littering shall include a mandatory sen tence of community service for not less than one day picking up litter.
Referred to the Committee on Judiciary.

HB 1622. By Representatives Bannister of the 77th, Coleman of the 80th, Johnston of the 81st, Breedlove of the 85th, Dix of the 76th and others:
A bill to repeal Chapter 4 of Title 6 of the Official Code of Georgia Anno tated, known as the "Georgia Airport Development Authority Law".
Referred to the Committee on Transportation.

HB 1623. By Representatives Culbreth of the 132nd, Williams of the 114th, Burkhalter of the 41st and Stanley of the 49th:
A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Anno tated, relating to domestic stock and mutual insurers, so as to revise require ments for procedures relative to the conversion of a mutual insurer to a stock insurer; to provide for the continuation of corporate existence.
Referred to the Committee on Insurance.

HB 1624. By Representative Johnson of the 153rd:
A bill to amend Code Section 27-3-1 of the Official Code of Georgia Anno tated, relating to permission to hunt on lands of another and penalties for violations of such, so as to provide for stricter penalties for violations of such provisions.
Referred to the Committee on Game, Fish & Parks.

478

JOURNAL OF THE HOUSE,

HB 1625. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Smyre of the 136th and others:
A bill to amend an Act further defining and prescribing the powers and duties of the Columbus Airport Commission, so as to provide for the appointment of airport commission police.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1626. By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to authorize the Depart ment of Children and Youth Services to enter into contracts; to provide for the power of the commissioner to contract.
Referred to the Committee on Children and Youth.

HB 1627. By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to insuring and indemnification of public officers and employ ees, so as to authorize the Department of Children and Youth Services to obtain liability insurance coverage through the state self-insurance program for vehicles operated by employees of nonprofit agencies contracting with the Department of Children and Youth Services.
Referred to the Committee on Children and Youth.

HB 1628. By Representatives Cox of the 160th, Coleman of the 142nd, Streat of the 167th, Byrd of the 170th and Carrell of the 87th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for rural health networks; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for immunity from antitrust laws.
Referred to the Committee on Judiciary.

HB 1629. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions exempt from the "Non-public Postsecondary Educational Institutions Act of 1990," so as to add an addi tional exemption.
Referred to the Committee on Education.

HB 1630. By Representative Williams of the 114th:
A bill to amend Chapter 17 of Title 48 of the Official Code of Georgia Anno tated, relating to coin operated amusement machines, so as to change the amount of certain master license fees.
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 3, 1994

479

HB 1631. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the clerk of the board of commis sioners; to provide for other matters relating to the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1632. By Representatives Thomas of the 100th, Hammond of the 32nd and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for specificity in the notice from the surety to the creditor.
Referred to the Committee on Judiciary.

HB 1633. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of McDuffie County by the judges of superior court, so as to provide that the chief magistrate shall be elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1634. By Representatives Dix of the 76th, Smith of the 102nd, Mills of the 21st and Klein of the 39th:
A bill to amend Code Section 48-7-20 of the Official Code of Georgia Anno tated, relating to income taxation of individuals, so as to change the tables in the computation of such tax.
Referred to the Committee on Ways & Means,

HB 1635. By Representatives Reichert of the 126th and Epps of the 131st:
A bill to amend Article 3 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited conduct on licensed premises, so as to authorize the governing authority of each county, municipality, and con solidated government to regulate live nude or seminude entertainment on premises licensed to sell alcoholic beverages for consumption on the premises.
Referred to the Committee on Regulated Beverages.

HR 819. By Representatives Dixon of the 150th and Mueller of the 152nd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Chatham County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 823. By Representative Godbee of the 145th:
A resolution authorizing the conveyance of certain state owned real property located in Jenkins County, Georgia.
Referred to the Committee on State Institutions & Property.

480

JOURNAL OF THE HOUSE,

HR 824. By Representatives Colwell of the 7th, Lawson of the 20th, Murphy of the 18th, Hughes of the 19th, Lee of the 94th and others:
A resolution designating the bridge across Lake Lanier on Georgia State Highway No. 53 in Hall County as the Jerry D. Jackson Bridge.
Referred to the Committee on Transportation.

HR 825. By Representatives Sinkfield of the 57th, Taylor of the 134th, Holmes of the 53rd, Lucas of the 124th, Randall of the 127th and others:
A resolution urging the United States Congress to require full disclosure in all health insurance plans and managed care plans as part of the national health care reform legislation.
Referred to the Committee on Insurance.

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

HB 1575
HB 1577 HB 1578 HB 1579 HB 1580 HB 1581 HB 1582

HB 1601
HB 1602 HB 1603 HB 1604 HB 1605 HB 1606 HB 1607

HB III! HU rttiriD ruBai 11lI1CoK55oQQ88tCC76)
HB 1588 un icon
ttD lOOy
HHBB 11559910
HB 1592 HB 1595 HB 1596 HB 1597 HB 1598 HB 1599 HB 1600

TM "JO*

n TTM TnTTrK TRtJ

8SQ11i1"i^0,

TMJ "5 HK 8it>

TTT>

a ,r,

gTMj l8}1Sl

^B u bB 288 SB 454 SB 462 SB 485 SB 490 SR 407

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1332 Do Pass, by Substitute
Respectfully submitted, 1st Childers of the 13th
Chairman

THURSDAY, FEBRUARY 3, 1994

481

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1586 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 642 Do Pass, by Substitute HB 1405 Do Pass, by Substitute HB 1531 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

Mr. Speaker:

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

HB 1447 Do Pass HB 1562 Do Pass HB 1563 Do Pass

HB 1564 Do Pass HB 1565 Do Pass HB 1593 Do Pass

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

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

HB 1447.

By Representatives Dickinson of the 83rd, Wall of the 82nd, Mobley of the 86th, Dix of the 76th, Coleman of the 80th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial.

482

JOURNAL OF THE HOUSE,

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

HB 1564.

By Representative Smith of the 109th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to change the provisions relating to the election and terms of office of the members of the Board of Education of Butts County.

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

HB 1565. By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County.

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

HB 1593.

By Representatives Tillman of the 173rd, Floyd of the 172nd and Mosley of the 171st:
A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway.

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

HB 1562.

By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Crawford County School Dis trict 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 have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.

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

HB 1563.

By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Peach 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 have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.

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

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.

THURSDAY, FEBRUARY 3, 1994

483

On the passage of the Bills, the roll call was ordered and the vote was as follows:

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 Brooks, T
Y Brown
Y Buck Y Buckner
Y Bunn Y Burkhalter
Y Byrd 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 Dixon, H
Y Dixon, S Y Dobbs
Ehrhart
Epps Y Evans Y Felton
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 Heard
Y Hegstrom Y Hembree Y Henson
Y Holland Holmes

Y Howard
Y Hudson Y Hughes Y Hugley
Irvin Y James
Jamieson Y Jenkins Y Johnson, D.H
Johnson, E Y Johnson, G
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
Lawson YLee Y Lewis
YLord Lucas
Y Maddox YMann
Martin
Y McBee Y McClinton
McKinney 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
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill
Y Shipp Simpson Sinkfield
Y Skipper

Y Smith, C Smith, L
Y Smith, P Y Smith, T
Y Smith, V Y Smith, W Y Smyre Y Snow
Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman Y Titus
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 passage of the Bills, the ayes were 142, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Epps of the 131st 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 message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

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

SB 412. By Senators Madden of the 47th, Oliver of the 42nd, Thompson of the 33rd, Farrow of the 54th, Hemmer of the 49th and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evidence.

484

JOURNAL OF THE HOUSE,

SB 418. By Senators Robinson of the 16th, Ray of the 19th and Coleman of the 1st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that all prior convictions and pleas of nolo contendere to charges of driving under the influence of alcohol or drugs shall be counted in imposing penalties, driving restrictions, and license suspensions regardless of when such pleas or convictions were obtained.

SB 440. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to provide measures and procedures to enhance school safety and to provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court and, upon conviction, sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Correc tions; to provide for an effective date and applicability.

SB 542. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill creating the State Court of Glynn County, as amended, so as to change the compensation of the judge of said court; to provide for applicability.

SB 550. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the number of council members; to provide for certain residency requirements; to provide for council districts; to provide for elections; to provide for the filling of vacancies; to provide for an election superintendent.

HB 1407.

By Representative Yeargin of the 90th:
A bill to abolish the office of elected county surveyor of Elbert County; to provide for the appointment of said official by the county governing author ity.

HB 1409. By Representatives Cummings of the 27th and Murphy of the 18th:
A bill to amend an Act entitled "An Act to provide a new Board of Educa tion for Polk County," so as to change the education districts.

HB 1410. 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 provide for certain technical and reference corrections.

HB 1445.

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

HB 1446. By Representative Greene of the 158th:
A bill to repeal an Act providing a new charter for the City of Omaha; to abolish the City of Omaha.

THURSDAY, FEBRUARY 3, 1994

485

HB 1448. By Representative Greene of the 158th: A bill to provide a new charter for the City of Bluffton.

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

SB 412. By Senators Madden of the 47th, Oliver of the 42nd, Thompson of the 33rd, Farrow of the 54th, Hemmer of the 49th and others:
A bill to amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evidence.
Referred to the Committee on Judiciary.

SB 418. By Senators Robinson of the 16th, Ray of the 19th and Coleman of the 1st:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that all prior convictions and pleas of nolo contendere to charges of driving under the influence of alcohol or drugs shall be counted in imposing penalties, driving restrictions, and license suspensions regardless of when such pleas or convictions were obtained.
Referred to the Committee on Judiciary.

SB 440. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Oliver of the 42nd, Robinson of the 16th and others:
A bill to provide measures and procedures to enhance school safety and to provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court and, upon conviction, sentenced directly to the custody of the Department of Corrections for placement in designated youth confinement units operated by the Department of Correc tions; to provide for an effective date and applicability.
Referred to the Committee on Judiciary.

SB 542. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill creating the State Court of Glynn County, as amended, so as to change the compensation of the judge of said court; to provide for applicability.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 550. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the number of council members; to provide for certain residency requirements; to provide for council districts; to provide for elections; to provide for the filling of vacancies; to provide for an election superintendent.
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:

486

JOURNAL OF THE HOUSE,

HR 845. By Representatives Floyd of the 138th and Walker of the 141st:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Jack Hamilton, Mr. Reginald Barry, Mr. Zack Wade, and Ms. Ovis Stephens and inviting them to appear and be recognized before the House of Representatives.
HR 846. By Representatives Twiggs of the 8th, Colwell of the 7th and Hanner of the 159th:
A resolution commending the Blue Ridge Mountain Electric Membership Corporation and inviting Superintendent Mike Kelley to appear before the House of Representatives.
HR 847. By Representatives Joyce of the 1st, Lewis of the 14th, Johnston of the 81st, Bannister of the 77th, Kaye of the 37th and others:
A resolution demanding responsibility in public television programming.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:

HB 686. By Representatives Cox of the 160th and Royal of the 164th:
A bill to amend Article 6 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to human body traffic, so as to provide that it shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part.
The following Senate amendment was read:

Amend HB 686 by striking "or" on line 20, page 1, after the word "officer," and before the word "a".

Representative Cox of the 160th moved that the House agree to the Senate amend ment to HB 686.
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 Y Brown
YBuck Buckner 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
Coker 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 Dickinsun YDix
Dixon, H

Y Dixon. S Y Dobbs
Y Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Good win Y Greene Y Groover Y Hammond Y Hanner 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 Irvin 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 Klein
YLadd Y Lakly Y Lane, D
Y Lane, H Lawrence Lawson

YLee Lewis Lord
Lucas Maddox YMann Y Martin Y McBee Y McClinton McKinney 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

THURSDAY, FEBRUARY 3, 1994

487

Y Pelote Y Perry Y Pinholster
Poag Y Polak
Y Porter Poston
Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph

Y Ray Reaves
Y Reichert Roberts
Y Royal
Y Scoggins Y Shanahan
Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper

Y Smith, C 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, P

Y' Stephenson Y Streat Y Taylor Y Teague
Y Teper Thomas
Y Tillman Y Titus
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 150, nays 0. The motion prevailed.

Representatives Lawrence of the 64th 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.

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

HB 1554.

By Representative Smith of the 169th:
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 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 Y Breedlove Y Brooks, D Y Brooks, T Y7 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 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
Dobbs 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 Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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, U Y Lane, H
Lawrence Lawson

Y Lee Y Lewis
YLord Y Lucas
Maddox Y Mann
Y Martin Y McBee Y McClinton
McKinney 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
Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell

Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow Y Stand!, F
Y Stancil, S Y Stanley, L Y Stanley, P Y7 Stephenson
Y Streat Y Taylor Y Teague

488

JOURNAL OF THE HOUSE,

Y Teper Y Thomas Y Tillman Y Titus

N Towery Y Trense
Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall Y Watson

Y Watts Y Westmoreland
White Y Williams, B

Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representatives Lawrence of the 64th 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.

HB 837. By Representatives Snow of the 2nd, Bargeron of the 120th, Powell of the 23rd, Johnson of the 97th, Atkins of the 29th and others:
A bill to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontrac tors, and suppliers; to provide for definitions; to provide time limits for pay ments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor.

The following Committee substitute was read and adopted:

A BILL
To amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to provide for timely payments to contractors, subcontractors, and suppliers; to pro vide for definitions; to provide time limits for payments to contractors and subcontractors; to provide for the withholding of payments and grounds therefor; to provide for the with holding of certifications; to provide for interest on late payments; to provide for attorneys' fees; to provide for nonexclusive remedies; to provide for applicability; to otherwise regu late contractual relationships between owners, contractors, and subcontractors; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by adding at the end thereof a new Chapter 11 to read as follows:
"CHAPTER 11
13-11-1. As used in this chapter, the term: (1) 'Contractor' means a person who contracts with an owner to improve real prop
erty or perform construction services for an owner. (2) 'Improve' means to build, effect, alter, repair, or demolish any improvement
upon, connected with, or on or beneath the surface of any real property or to excavate, clear, grade, fill, or landscape any real property or to construct driveways and private roadways or to furnish materials, including trees and shrubbery, for any of such pur poses or to perform any labor upon such improvements.
(3) 'Improvement' means all or any part of any building, structure, erection, altera tion, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways, on real property.
(4) 'Owner' means a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. 'Owner' includes private persons and entities and state, local, or municipal government agencies, instrumentalities, or entities.
(5) 'Owner's representative' means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in

THURSDAY, FEBRUARY 3, 1994

489

the contract documents as the party representing the owner's interest regarding administration and oversight of the project.
(6) 'Real property' means the real estate that is improved, including lands, lease holds, tenements, and improvements placed on the real property.
(7) 'Subcontractor' means any person who has contracted to furnish labor or mate rials to, or has performed labor or supplied materials for, a contractor or another sub contractor in connection with a contract to improve real property. For purposes of this chapter, the term 'subcontractor' shall also include materialmen as defined in Code Section 44-14-360. 13-11-2. Performance by a contractor or subcontractor in accordance with the provi sions of his or her contract entitles such person to payment from the party with whom he or she contracts. 13-11-3. (a) When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner's representative of any payment request based upon work completed or ser vice provided under the contract. (b) When a subcontractor has performed in accordance with the provisions of its subcontract, the contractor shall pay to its subcontractor and each subcontractor shall pay to its subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract.
13-11-4. (a) Nothing in this chapter shall prevent the owner from withholding pay ment to its contractor because of the following: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the contractor or its subcontrac tor to make timely payments for labor, equipment, and materials; damage caused by the contractor to the owner, other contractors, or subcontractors; or reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum and the subcontractor has provided or provides such satisfactory reasonable assurances of contin ued performance and financial responsibility to complete his or her work as the contrac tor in his or her reasonable discretion may require, including but not limited to a payment and performance bond. In addition to the other bases for withholding set forth in this subsection, the owner may withhold a reasonable amount for retainage, provided that the retainage withheld by the owner shall not exceed the retainage percentage set forth in the contract between the contractor and the owner.
(b) Nothing in this chapter shall prevent the contractor or a subcontractor from withholding payment to a subcontractor for: unsatisfactory job progress; defective con struction which has not been remedied; disputed work; third-party claims filed or rea sonable evidence that a claim will be filed; failure of the subcontractor to make timely payments for labor, equipment, and materials; damage caused by the subcontractor to the owner, the contractor, or contractors or subcontractors; or reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum. In addition to the other bases for withholding set forth in this subsection, the contractor or the subcontractor, as the case may be, may withhold a reasonable amount for retainage, provided that the retainage withheld shall not exceed the percentage retained from the contractor by the owner on account of the subcontractor's work.
13-11-5. The contractor shall, within seven days from the contractor's receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor's retainage in the same manner as the contractor's retainage is reduced by the owner, provided that the value of the subcontractor's work complete and in place equals 50 percent of his or her subcontract value, including approved change orders and other additions to the subcontract value and provided, further, that the work of the subcontractor is proceeding satisfactorily.
13-11-6. (a) Except as provided in Code Section 13-11-4, if a periodic or final pay ment to a contractor is delayed by more than 15 days or if a periodic or final payment to a subcontractor is delayed more than seven days after receipt of periodic or final pay ment by the contractor or subcontractor, the owner, contractor, or subcontractor, as the

490

JOURNAL OF THE HOUSE,

case may be, shall pay his or her contractor or subcontractor interest, beginning on the day following the due date, at the rate of 1 percent per month or a pro rata fraction thereof on the unpaid balance as may be due. Acceptance of progress payments or final payment shall release all claims for interest on said payments.
(b) Nothing in this chapter shall prohibit owners, contractors, and subcontractors from agreeing by contract to rates of interest and payment periods different from those stipulated in this Code section, and in this event, these contractual provisions shall con trol, provided the requirements of Code Section 13-11-3 and this Code section are specif ically waived, by Code section number, in conspicuous boldfaced or underlined type. In case of a willful breach of the contract provisions as to the time of payment, the interest rate specified in this Code section shall apply.
13-11-7. In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney for trial and appeal or for arbitration, in an amount to be determined by the court or the arbitrators, as the case may be.
13-11-8. Neither the right to recover interest on a payment nor the right to recover attorneys' fees under this chapter are exclusive remedies. This chapter does not modify the remedies available to any person under the terms of a contract or by an other stat ute.
13-11-9. The provisions of this chapter do not apply to improvements to real prop erty intended for residential purposes which consist of 12 or fewer residential units."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Colwell Y Connell Y Cox Y Crawford N Crews Y Culbreth N Cummings
Y Davis, O N Davis, M N Dickinson N Dix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps N Evans N Felton Y Floyd, J.M Y Floyd, J.W
God bee Y Golden
Good win
Greene Y Groover N Hammond N Banner Y Harris, B N Harris, M Y Hart Y Heard Y Hegstrom N Hembree
Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley N Irvin
Y James Y Jamieson
Jenkins Y Johnson, D.H N Johnson, E
Y Johnson, G N Johnson, J N Johnston
Jones N Joyce N Kaye Y Kinnamon Y Klein N Ladd N Lakly Y Lane, D
N Lane, K N Lawrence
Y Lawson Y Lee N Lewis YLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McClinton
McKinney Y Milam N Mills

Y Mobley, B Y Mobley, J N Moore
N Mosley Y Mueller
Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry N Pinholsler YPoag
Y Polak N Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert N Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinktield Y Skipper

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

THURSDAY, FEBRUARY 3, 1994

491

On the passage of the Bill, by substitute, the ayes were 120, nays 45.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the vote of Representative Towery of the 30th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative McKinney of the 51st 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 Jenkins of the 110th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Crews of the 78th arose to a point of personal privilege and addressed the House.

Representative Tillman of the 173rd arose to a point of personal privilege and addressed the House.

Representative Walker of the 141st arose to a point of personal privilege and addressed the House.

Representative White of the 161st arose to a point of personal privilege and addressed the House.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th, Thompson of the 33rd and Edge of the 28th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that individual, group, or blanket major medical policies shall not exclude coverage for certain treatment relative to the.temporomandibular joint dys function or surgery for the correction of functional deformities of the maxilla or mandible; to provide exceptions; to provide for permitted conditions, limitations, exclusions, or reductions applicable to certain coverages; to provide definitions; to provide for construc tion; to provide for applicability; to repeal conflicting laws; and for other purposes.

492

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-29-20 to read as follows:
"33-29-20. (a) As used in this Code section, the term: (1) 'Functional deformity' means a deformity of the bone or joint structure of the
maxilla or mandible such that the normal character and essential function of such bone structure is impeded.
(2) 'Policy' means any major medical benefit plan, contract, or policy except the Georgia Basic Health Plan, a credit insurance policy, disability income policy, speci fied disease policy, hospital indemnity policy, limited accident policy, or other simi larly limited accident and sickness policy.
(3) 'Temporomandibular joint' means the connection of the mandible and the tem poral bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons.
(4) 'Temporomandibular joint dysfunction' means congenital or developed anoma lies of the temporomandibular joint. (b) No policy may be issued or issued for delivery in this state which:
(1) Excludes medically necessary surgical or nonsurgical treatment for the correc tion of temporomandibular joint dysfunction by physicians or dentists professionally qualified by training and experience; or
(2) Excludes medically necessary surgery for the correction of functional deformi ties of the maxilla and mandible. (c) The provisions of this Code section shall not cover cosmetic or elective orthodontic or periodontic care or general dental care. (d) (1) The coverage under paragraph (1) of subsection (b) of this Code section may contain such types of exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to other benefits under the acci dent and sickness insurance benefit plan, policy, or contract.
(2) Basic coverage for the nonsurgical treatment of temporomandibular joint dys function under paragraph (1) of subsection (b) of this Code section may be limited to history and examination; radiographs, which must be diagnostic for temporomandibular joint dysfunction; splint therapy with necessary adjustments, pro vided that removable appliances designed for orthodontic purposes would not be reim bursable under a major medical plan; and diagnostic or therapeutic masticatory muscle and temporomandibular joint injections. (e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23, for policies limited only to dental coverage, nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differ ences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements."
Section 2. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Anno tated, relating to group or blanket accident and sickness insurance, is amended by adding at the end thereof a new Code Section 33-30-14 to read as follows:
"33-30-14. (a) As used in this Code section, the term: (1) 'Functional deformity' means a deformity of the bone or joint structure of the
maxilla or mandible such that the normal character and essential function of such bone structure is impeded.
(2) 'Policy' means any major medical benefit plan, contract, or policy except the Georgia Basic Health Plan, a credit insurance policy, disability income policy, speci fied disease policy, hospital indemnity policy, limited accident policy, or other simi larly limited accident and sickness policy.
(3) 'Temporomandibular joint' means the connection of the mandible and the tem poral bone through the articular disc surrounded by the joint capsule and associated ligaments and tendons.

THURSDAY, FEBRUARY 3, 1994

493

(4) 'Temporomandibular joint dysfunction' means congenital or developed anoma lies of the temporomandibular joint. (b) No policy may be issued or issued for delivery in this state which:
(1) Excludes medically necessary surgical or nonsurgical treatment for the correc tion of temporomandibular joint dysfunction by physicians or dentists professionally qualified by training and experience; or
(2) Excludes medically necessary surgery for the correction of functional deformi ties of the maxilla and mandible. (c) The provisions of this Code section shall not cover cosmetic or elective orthodontic or periodontic care or general dental care. (d) (1) The coverage under paragraph (1) of subsection (b) of this Code section may contain such types of exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to other benefits under the acci dent and sickness insurance benefit plan, policy, or contract.
(2) Basic coverage for the nonsurgical treatment of temporomandibular joint dys function under paragraph (1) of subsection (b) of this Code section may be limited to history and examination; radiographs, which must be diagnostic for temporomandibular joint dysfunction; splint therapy with necessary adjustments, pro vided that removable appliances designed for orthodontic purposes would not be reim bursable under a major medical plan; and diagnostic or therapeutic masticatory muscle and temporomandibular joint injections. (e) Except as provided in paragraph (1) of subsection (c) of Code Section 33-30-23 for policies limited only to dental coverage, nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differ ences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to preferred provider arrangements."
Section 3. This Act shall be applicable to individual, group, or blanket major medical policies issued or issued for delivery on and after July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
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 N Byrd Y Campbell
Canty Carlisle Y Carrell

Carter Y Cauthorn N 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 N Davis, M Y Dickinson
YDix Y Dixon, H
Y Dixon, S Y Dobbs
Ehrhart Y Epps

Evans Y Felton Y Floyd, J.M Y Ployd, J.W
Y Godbee N Golden
Goodwin Y Greene
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 Trvin
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
N Kaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, U Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox
Mann Y Martin Y McBee

Y McClinton McKinney 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 N Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B

494

JOURNAL OF THE HOUSE,

Y Randall Y Randolph Y Ray
Reaves Y Reichert Y Roberts N Royal Y Scoggins Y Shanahan
Y Sherrill

Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T N Smith, V
Y Smith, W

Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague

Y Teper Y Thomas
Tillman Y Titus Y Towery N Trense Y Turnquest Y Twiggs Y Vaughan
Walker

Y Wall Y 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, by substitute, the ayes were 150, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 149. By Senator Abernathy of the 38th:
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 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 classifica tion "multiracial" on all school forms requesting information on racial identi fication.

The following Committee substitute was read and withdrawn:

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 classifi cation "multiracial" on all forms requesting information on racial identification; to provide for reporting racial data to federal agencies; to provide definitions; 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; 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. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by adding at the end thereof a new article to be designated Article 7 to read as follows:
"ARTICLE 7
50-18-135. (a) As used in this article, the term: (1) 'Multiracial' means having parents of different races. (2) 'State agency' means any state department, board, bureau, commission, author
ity, council, committee, and any other state agency or instrumentality, (b) All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any state agency which requests information on the racial or ethnic identification of a respondent and which contain an enumeration

THURSDAY, FEBRUARY 3, 1994

495

of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification 'multiracial.'
(c) No such written document or computer software described in subsection (b) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994.
(d) In any instance in which it is required that racial data collected by a state agency be reported to a federal agency, the computation of all persons designated on state forms or other documents as multiracial shall be reported by such state agency as multiracial. However, if any such federal agency deems the multiracial designation unac ceptable, then the reporting state agency shall, upon resubmission of such data, redesignate the multiracial population by allocating a percentage of the number of persons comprising such population to each federally acceptable racial or ethnic classification at the same rate as each such classification comprises the general population of the col lected group."
Section 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 30 to read as follows:
"ARTICLE 30
20-2-2040. As used in this article, the term 'multiracial' means having parents of dif ferent races.
20-2-2041. (a) All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any public elementary or second ary school in the state which request information on the racial or ethnic identification of a respondent and which contain a list of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification 'multiracial.'
(b) No such written document or computer software described in subsection (a) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994."
Section 3. This Act shall become effective July 1, 1994, and the provisions of this Act shall apply to those forms, applications, questionnaires, and other written documents printed or typed or otherwise originating after July 1, 1994; provided, however, that all documents printed and in stock on July 1, 1994, which bear the racial designation "other" shall be used and the stock depleted prior to reordering under the provisions of this Act, even if the stock lasts beyond July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Randall of the 127th was read:

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 classifi cation "multiracial" on all forms requesting information on racial identification; to provide for reporting racial data to federal agencies; to provide definitions; 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; to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provi sions relating to labor and industrial relations, so as to require all employment forms and applications to include the classification "multiracial"; to provide definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other pur poses.

496

JOURNAL OF THE HOUSE,

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 adding at the end thereof a new article, to be designated Article 7, to read as follows:
"ARTICLE 7 50-18-135. (a) As used in this article, the term:
(1) 'Multiracial' means having parents of different races. (2) 'State agency' means any state department, board, bureau, commission, author ity, council, committee, and any other state agency or instrumentality. (b) All written forms, applications, questionnaires, and other written documents or material produced by or for or used by any state agency which request information on the racial or ethnic identification of a respondent and which contain an enumeration of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification 'multiracial.' (c) No such written document or computer software described in subsection (b) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994. (d) In any instance in which it is required that racial data collected by a state agency be reported to a federal agency, the computation of all persons designated on state forms or other documents as multiracial shall be reported by such state agency as multiracial. However, if any such federal agency deems the multiracial designation unac ceptable, then the reporting state agency shall, upon resubmission of such data, redesignate the multiracial population by allocating a percentage of the number of persons comprising such population to each federally acceptable racial or ethnic classification at the same rate as each such classification comprises the general population of the col lected group."
Section 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 30 to read as follows:
"ARTICLE 30 20-2-2040. As used in this article, the term 'multiracial' means having parents of dif ferent races. 20-2-2041. (a) All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any public elementary or second ary school in the state which request information on the racial or ethnic identification of a respondent and which contain a list of racial and ethnic classifications from which such respondent must select one shall include among their choices the classification 'multiracial.' (b) No such written document or computer software described in subsection (a) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994."
Section 3. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relating to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-5 to read as follows:
"34-1-5. (a) As used in this Code section, the term 'multiracial' means having par ents of different races.
(b) All written forms, applications, questionnaires, and other written documents or materials produced by or for or used by any person, firm, association, or corporation conducting business within this state requiring the employment of labor which request information on the racial or ethnic identification of an employee and which contain a list of racial and ethnic classifications from which such employee must select one shall include among their choices the classification 'multiracial.'
(c) No such written document or computer software described in subsection (b) of this Code section shall bear the designation 'other' as a racial or ethnic classification after July 1, 1994, unless such document was printed and in stock before July 1, 1994."

THURSDAY, FEBRUARY 3, 1994

497

Section 4. This Act shall become effective July 1, 1994, and the provisions of this Act shall apply to those forms, applications, questionnaires, and other written documents printed or typed or otherwise originating after July 1, 1994; provided, however, that all documents printed and in stock on July 1, 1994, which bear the racial designation "other" shall be used and the stock depleted prior to reordering under the provisions of this Act even if the date occurs after July 1, 1994.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Groover of the 125th and Randall of the 127th move to amend the Floor substitute to SB 149 as follows:
By adding between line 12 & 13 page 4 the following: "(d) the failure of any person, firm or corporation to comply with the provisions of this Code section shall not be construed to create any civil cause of action."

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
Atkins Y Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnes
Bates 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
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 Y7 Davis, G Y Davis. M Y Dickinson N Dix Y Dixon, H
Dixon, S Y Dobbs N Ehrhart Y Epps N Evans Y Felton Y Floyd, J.M
Floyd, J.W
God bee Y Golden
Goodwin Y Greene Y Groover Y Hammund
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 YT Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y' Johnson, G
Y' Johnson, J N Johnston Y Jones Y' Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd N Lakly Y Lane, D N Lane, R N Lawrence Y Lawson
Lee N Lewis
Lord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinton Y McKinney Y' Milam Y Mills

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

N 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper N Thomas
Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall
Watson Watts Y Westmorland White Y Williams, B Williams, R
N Yates Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

498

JOURNAL OF THE HOUSE,

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.

HB 1283.

By Representatives Parrish of the 144th, Murphy of the 18th, Parham of the 122nd, Powell of the 23rd, Harris of the 112th 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 change the time period for application to the Department of Public Safety for a replacement driver's license due to a change of the licensee's name or address.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HB 1283 as follows: By striking the word "shall" on line 7 page 3 and inserting in lieu thereof: "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 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 Y Canty
Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambiess 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 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 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 Irvin
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 Y Ladd
Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney 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 Pinhoister YPoag Y Polak Y Porter Y Poston
Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts
Y Royal Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
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, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

THURSDAY, FEBRUARY 3, 1994

499

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Regulated Beverages.

HR 179. By Representatives Ladd of the 59th, Byrd of the 170th, Ashe of the 46th, Davis of the 60th, Crews of the 78th and others:
A resolution proposing an amendment to the Constitution so as to provide that the transportation or importation into the state for delivery or use in this state of intoxicating liquors, in violation of the laws of this state, is pro hibited.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 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.

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 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 YCox Y Crawford
Y Crews Y Culbreth
Y Cumminga Y Davis, G Y Davis, M
Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.VV
God bee Y Golden
Goodwin Y Greene Y Groover Y Hammond
Manner Y Harris, B Y Harris, M YHart
Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland
Y Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin 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 YLee
Y Lewis Y Lord Y Lucas
Y Maddox Y Mann Y Martin Y McBee
McClinton Y McKinney 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 N Patten Y Pelote Y Perry Y Pinholster
YPoag Polak
Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B
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 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 Y Teague
Y Teper Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates
Y Yeargin Murphy, Spkr

500

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Hanner of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Patten of the 176th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.

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 repeal Chapter 11A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners and the qualifications and compensation of members thereof; to provide for the appointment and removal of board members and for vacancies on the board; to provide for election of officers and meetings of the board; to provide for the pow ers and responsibilities to the board; to provide for licenses; to provide for provisional licenses; to provide for oaths; to provide for notification to applicants; to provide for exam inations; to provide procedures for the display of licenses; to prohibit certain conduct and provide penalties therefor; to provide for the enforcement powers of the board; to provide for requirements for licenses; to provide that proceedings shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for certain exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 11A of said title, which reads as follows:
"CHAPTER 11A
43-11A-1. This chapter shall be known and may be cited as the 'Dietitians Licensing Law.'
43-11A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who use certain titles relating to professional dietetic counseling be regulated to ensure the protection of the health, safety, and welfare of the people of this state.
43-11A-3. As used in this chapter, the term: (1) 'Advertise' means, but is not limited to, the issuing of or causing to be distrib
uted any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or announcement on radio or announcement or display on television.
(2) 'Applicant' means any person seeking a license under this chapter.

THURSDAY, FEBRUARY 3, 1994

501

(3) 'Board' means the Georgia Board of Examiners of Licensed Dietitians estab lished by this chapter.
(4) 'Dietetic counseling' means those services provided by a health care profes sional who has definite and specialized knowledge and training in the nutritional care of individuals throughout the life cycle and who has responsibility for design and man agement of nutritional care delivery systems in various settings.
(4.1) 'Dietetic practice' means the integration and application of scientific princi ples of food, nutrition, biochemistry, physiology, management, and behavioral and social sciences to achieve and maintain the health of people.
(5) 'Graduate semester hour' means a semester hour or the quarter hour equivalent as defined by regional accrediting educational associations.
(6) 'Joint-secretary' means the joint-secretary of the state examining boards. The joint-secretary shall serve as secretary to the board.
(7) 'Licensed dietitian' means a person who represents himself by title or descrip tion of services as a licensed dietitian and who renders dietetic counseling services to individuals, groups, organizations, corporations, institutions, government agencies, or the general public for compensation and who holds a valid license under this chapter. 43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows:
(1) One member shall be an educator in the field of dietetic counseling; (2) Three members shall be dietetic counselors; and (3) Three members shall represent the public at large. (b) The Governor shall appoint, subject to confirmation by the Senate, all members of the board for initial terms of office beginning July 1, 1985. The Governor shall appoint three initial members of the board to serve for terms of two years and four ini tial members of the board to serve for terms of four years. After the initial terms speci fied in this subsection, members of the board shall take office on the first day of July immediately following the expired term of that office and shall serve for a term of four years and until their successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board without Senate con firmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate. (c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) All members of the board shall take the constitutional oath of office. 43-11A-5. (a) Professional members of the board shall: (1) Be citizens of the United States and residents of this state; (2) Have engaged in the field of dietetic counseling for compensation for at least 2,000 hours; and (3) Be licensed under this chapter, except that initial appointees shall be licensed under this chapter no later than July 1, 1986. (b) Consumer members of the board shall be appointed by the Governor from the public at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with the profession of dietetic counseling.
(c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohib ited by this chapter.
43-11A-6. (a) Within 30 days of making appointments to the board, the Governor shall call the first meeting. The board shall elect a chairman and a vice-chairman who shall hold office according to the rules adopted by the board.
(b) The board shall hold at least two regular meetings each year as provided by rules adopted by the board.
43-11A-7. The board shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licenses, renewal of licenses, and reciprocal licenses;

502

JOURNAL OF THE HOUSE,

(2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this chapter. However, the board shall not adopt rules restricting competitive bidding or advertising by licensees except to prohibit false, misleading, or deceptive practices. The board shall not include in its rules to prohibit false, misleading, or deceptive practices by licensees a rule that:
(A) Restricts a licensee's use of any medium for advertising; (B) Restricts a licensee's personal appearance or use of his personal voice in an advertisement; (C) Relates to the size or duration of an advertisement by a licensee; or (D) Restricts a licensee's advertisement under a trade name; (3) Adopt and publish a code of ethics; (4) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of dietetic counselor applicants and licensees under this chapter and conduct hearings in connection with these actions; (5) Conduct hearings on complaints concerning violations of this chapter and the rules adopted under this chapter and cause the prosecution and enjoinder of the viola tions; (6) Establish examination and licensing fees; (7) Request and receive the assistance of state educational institutions or other
state agencies; (8) Prepare information of consumer interest describing the regulatory functions of
the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the gen eral public and appropriate state agencies; and
(9) Establish continuing education requirements. 43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either:
(1) Holds a valid license as a licensed dietitian issued by another state, political territory, or jurisdiction acceptable to the board if, in the board's opinion, the require ments for that license are substantially equal to or greater than the requirements of this chapter; or
(2) Presents evidence satisfactory to the board that the applicant is registered by the Commission on Dietetic Registration of the American Dietetic Association or its predecessor or successor organization. 43-11A-9. Each applicant for a license as a licensed dietitian shall meet the following requirements:
(1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board;
(3) Has submitted any fees required by the board;
(4) Has:
(A) A baccalaureate degree from a regionally accredited college or university with a major in nutrition, foods and nutrition, dietetics, food systems, or institu tional management followed by an internship or equivalent supervised experience approved by the board and approved or accredited by the American Dietetic Associ ation or its successor organization;
(B) A baccalaureate degree from an American Dietetic Association approved or accredited coordinated undergraduate program in dietetics which combines clinical and didactic learning experiences;
(C) A master's degree from a regionally accredited college or university in nutri tion, dietetics, food systems, or institutional management in conjunction with six months' participation in an approved program of professionally supervised dietetic counseling or such other equivalent qualifying experience as the board by rule or regulation may establish;
(D) A master's degree from a regionally accredited college or university with such number of course hours in nutrition, food and nutrition, dietetics, food sys tems, or institutional management as the board may require by rule or regulation;

THURSDAY, FEBRUARY 3, 1994

503

a professional school lunch certificate issued by the Georgia Department of Educa tion; and has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; or
(E) A doctoral degree from a regionally accredited college or university in nutri tion, dietetics, or biochemistry with such number of course hours in nutrition, food and nutrition, dietetics, food systems, or institutional management as the board may require by rule and regulation; has completed a planned continuous preprofessional experience component in dietetic practice of not less than 900 hours under such supervision as the board may require by rule and regulation; and is currently involved in dietetic counseling services through practice, teaching, or research related to nutritional care throughout the life cycle; (5) Has successfully passed an examination as required by Code Section 43-11A-13; and (6) Has met such other requirements as may be prescribed by the board. 43-11A-10. Reserved. 43-11A-11. The board may require that all applications be made under oath. 43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satis factory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection. 43-11A-13. (a) Examinations to determine competence shall be administered to qualified applicants at least twice each calendar year. The examinations may be admin istered by a national testing service. The board shall prescribe or develop the examina tions which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board. (b) The board shall notify each examinee of the results of the examination. 43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand. (b) The licensee shall display the license certificate in an appropriate and public manner. (c) The licensee shall inform the board of any change of his address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person licensed under this chapter is responsible for renewing his license before the expiration date. (f) Under procedures and conditions established by the board, a licensee may request that his license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. 43-11A-15. The board may refuse to grant or renew a license to an applicant; admin ister a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restora tion of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; condition the penalty upon, or withhold for mal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter, 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 license contained in this Code section, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satis faction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;

504

JOURNAL OF THE HOUSE,

(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false state ment in obtaining a license to practice the licensed business or profession; 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 Code section, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this par agraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or 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 his license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license 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 a business or profession licensed under this title, 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 the licensed business or profession 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 standards of acceptable and prevailing practice of the business or profession licensed under this title; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a state examining board to practice a business or profession licensed under this title 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 state examining board regulating the business or profession licensed under this title, 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 a business or profession licensed under this title, 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 license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice

THURSDAY, FEBRUARY 3, 1994

505

the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of mate rial. 43-11A-16. (a) After December 31, 1986, it shall be unlawful for any person who is not licensed under this chapter to use the title of licensed dietitian or the letters 'LD' in any words, letters, abbreviations, or insignia or to indicate or imply orally or in writ ing or in any way that the person is a licensed dietitian. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. 43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 43-11A-19. The requirements of this chapter shall not apply to:
(1) The activities and services of a nonresident rendered not more than 30 days during any year if the person is authorized to perform the activities and services under the law of the state or country of his residence; or
(2) The activities and services of licensed members of other professions, such as physicians and registered nurses.", in its entirety and inserting in lieu thereof a new Chapter 11A to read as follows:
"CHAPTER 11A
43-11A-1. This chapter shall be known and may be cited as the 'Dietetics Practice Act.'
43-11A-2. The General Assembly acknowledges that the application of scientific knowledge relating to nutrition is important in the treatment of disease and in the attainment and maintenance of health; and acknowledges further that the rendering of sound dietetic or nutrition services in hospitals, nursing homes, school districts, health departments, private practice and consultation, and in other settings requires trained and competent professionals. It is declared, therefore, to be the purpose of this chapter to protect the health, safety, and welfare of the public by providing for the licensure and regulation of the activities of persons engaged in dietetic practice.
43-11A-3. As used in this chapter, the term: (1) 'Advertise' means, but is not limited to, the issuing of or causing to be distrib
uted any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory or announcement on radio or announcement or display on television.
(2) 'Applicant' means any person seeking a license under this chapter. (3) 'Board' means the Georgia Board of Examiners of Licensed Dietitians estab lished by this chapter. (4) 'Dietetic practice' or 'dietetics' means the integration and application for com pensation of principles derived from the sciences of nutrition, biochemistry, food, physiology, management, and behavioral and social sciences to achieve and maintain client health through the provision of nutrition care services, which shall include:
(A) Assessing the nutritional needs of individuals and groups based upon appro priate biochemical, anthropometric, physical, and dietary data to determine nutrient needs and recommend appropriate intake including enteral and parenteral nutrition;
(B) Establishing priorities, goals, and objectives which meet nutritional needs and are consistent with available resources;
(C) Providing dietetic nutrition counseling by advising and assisting individuals or groups on appropriate nutritional intake by integrating information from the nutritional assessment with information on food and other sources of nutrients and meal preparation consistent with cultural background and socioeconomic status;
(D) Developing, implementing, and managing nutrition care delivery systems; and
(E) Evaluating, making changes in, and maintaining standards of quality in food and nutrition care services. As used in this chapter, the terms 'Dietetic Practice,' 'Dietetics,' and 'Medical Nutri tion Therapy' are interchangeable.

506

JOURNAL OF THE HOUSE,

(5) 'Dietitian' means a person duly licensed under this chapter to practice dietetics. As used in this chapter, the terms 'dietitian' and 'dietetic counselor' are interchangeable.
(6) 'Provisionally licensed dietitian' means a person provisionally licensed under this chapter.
(7) 'Registered dietitian' means a person registered by the Commission on Dietetic Registration of the American Dietetic Association. 43-11A-4. (a) There is created the Georgia Board of Examiners of Licensed Dietitians. The board shall consist of seven members as follows:
(1) Six members shall be dietitians with at least one member from each of the fol lowing areas of dietetic practice: clinical dietetics; community/public health dietetics; an educator on the faculty of a college or university specializing in the field of dietetics; and the private practice of dietetics; and
(2) One member shall represent the public at large. (b) The Georgia Board of Examiners of Licensed Dietitians existing immediately prior to July 1, 1994, is continued in existence and shall continue to consist of seven members to be appointed by the Governor with the confirmation of the Senate. Mem bers of the board shall take office on the first day of July immediately following the expired terms of that office and shall serve for a term of four years and until their suc cessors are appointed and qualified. Those persons serving as members of the board immediately prior to July 1, 1994, shall continue to serve out their respective terms of office and until their respective successors are appointed and qualified. Any person appointed to the board when the Senate is not in session may serve on the board with out Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. Any vacancy shall be filled by the Governor subject to confirmation of the Senate. (c) All members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) All members of the board shall take the constitutional oath of office. 43-11A-5. (a) Professional members of the board shall:
(1) Be citizens of the United States and residents of this state; (2) Have engaged in the dietetic practice for compensation for not less than five years; and (3) Be licensed under this chapter. (b) Consumer members of the board shall be appointed by the Governor from the public at large, shall be citizens of the United States and residents of this state, and shall have no connection whatsoever with dietetic practice. (c) The Governor may remove members of the board, after notice and opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this chapter, or committing any act prohib ited by this chapter. 43-11A-6. The board shall meet annually and shall elect from its members a chair person, vice chairperson, and any other officers as deemed necessary who shall hold office according to the rules adopted by the board. In addition to its annual meeting, the board shall hold at least two other meetings each year as provided by the rules adopted by the board. 43-11A-7. (a) This board shall have the power to: (1) Enforce the provisions of this chapter, and it shall be granted all of the neces sary duties, powers, and authority to carry out this responsibility; (2) Draft, adopt, amend, repeal, and enforce such rules as it deems necessary for the administration and enforcement of this chapter in the protection of public health, safety, and welfare; (3) License duly qualified applicants by examination, endorsement, or reinstate ment; (4) Implement the disciplinary process; (5) Enforce qualifications for licensure; (6) Set standards for competency of licensees continuing in or returning to prac tice;

THURSDAY, FEBRUARY 3, 1994

507

(7) Issue orders when a license is surrendered to the board while a complaint, investigation, or disciplinary action against such license is pending;
(8) Adopt, revise, and enforce rules regarding the advertising by licensees includ ing, but not limited to, rules to prohibit false, misleading, or deceptive practices;
(9) Adopt, publish, and enforce a code of ethics; (10) Establish examination and licensing fees; (11) Request and receive the assistance of state educational institutions or other state agencies; (12) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the gen eral public and appropriate state agencies; (13) Establish continuing education requirements; and (14) Adopt a seal which shall be affixed only in such manner as prescribed by the board. 43-11A-8. The board may grant, upon application and payment of proper fees, a license without examination to a person who, at the time of application, either: (1) Holds a valid license as a licensed dietitian issued by another state, political territory, or jurisdiction acceptable to the board if, in the board's opinion, the require ments for that license are substantially equal to or greater than the requirements of this chapter; or (2) Presents evidence satisfactory to the board that the applicant is registered as a registered dietitian by the Commission on Dietetic Registration of the American Dietetic Association or its successor organization. 43-11A-9. Each applicant for a license as a dietitian shall be at least 18 years of age, shall have submitted a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and shall be in compliance with the following requirements: (1) Receipt of a baccalaureate or higher degree from a college or university accred ited by the Southern Association of Schools and Colleges or any other regional accred itation agency with a major course of study in dietetics, human nutrition, food and nutrition, nutrition education, or food systems management; (2) Satisfactory completion of a documented, supervised experience component in dietetic practice of not less than 900 hours supervised by a licensed dietitian or regis tered dietitian as prescribed by the board; (3) Successful completion of an examination as required by Code Section 43-11A-13; and (4) Completion of such other requirements as may be prescribed by the board.
43-11A-10. A provisional permit to practice as a provisionally licensed dietitian under the supervision of a dietitian may be issued by the board upon the filing of an applica tion with appropriate fees and submission of evidence of successful completion of a sub stantial portion of the requirements for licensure as provided by Code Section 43-11A-9, at the discretion of the board. The permit shall be issued for one year and may be renewed at the discretion of the board for a length of time determined by the board. A renewal fee may be required by the board to maintain a provisional license.
43-11A-11. The board may require that all applications be made under oath.
43-11A-12. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satis factory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-11A-13. (a) Examinations to determine competence shall be administered to qualified applicants at least twice each calendar year. The examinations may be admin istered by a national testing service. The board shall prescribe or develop the examina tions which may include an examination given by the Commission on Dietetic Registration of the American Dietetic Association or any other examination approved by two-thirds' vote of the board.
(b) The board shall notify each examinee of the results of the examination.

508

JOURNAL OF THE HOUSE,

43-11A-14. (a) A license issued by the board is the property of the board and must be surrendered on demand.
(b) The licensee shall display the license certificate in an appropriate and public manner.
(c) The licensee shall inform the board of any change of address. (d) The license shall be renewed biennially if the licensee is not in violation of this chapter at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person licensed under this chapter is responsible for renewing his or her license before the expiration date. (f) Under procedures and conditions established by the board, a licensee may request that his or her license be declared inactive. The licensee may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. 43-11A-15. The board may refuse to grant or renew a license to an applicant; admin ister a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; suspend any licensee for a definite period or for an indefinite period in connection with any condition which may be attached to the restora tion of said license; limit or restrict any licensee as the board deems necessary for the protection of the public; revoke any license; condition the penalty upon, or withhold for mal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; or impose a fine not to exceed $500.00 for each violation of a law, rule, or regulation relating to the profession regulated by this chapter 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 license contained in this Code section or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satis faction of the board that said applicant meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires;
(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false state ment in obtaining a license to practice the licensed business or profession; 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 Code section, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this par agraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge;
(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or
(C) An adjudication or sentence was otherwise withheld or not entered on the charge.
The plea of nolo contendere or 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 his or her license to practice a business or profession licensed under this title revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against him or her by any such lawful licensing authority other than the board; or was denied a license by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was

THURSDAY, FEBRUARY 3, 1994

509

refused the renewal of a license 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 a business or profession licensed under this title, 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 the licensed business or profession 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 standards of acceptable and prevailing practice of the business or profession licensed under this title;
(7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by a state examining board to practice a business or profession licensed under this title 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 state examining board regulating the business or profession licensed under this title, 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 a business or profession licensed under this title, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule or regulation; or violated a lawful order of the board previ ously entered by the board in a disciplinary hearing, consent decree, or license rein statement;
(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside of this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or
(10) Displayed an inability to practice a business or profession licensed under this title with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of mate rial. 43-11A-16. (a) Only a person licensed or otherwise authorized to practice under this article shall be engaged in dietetic practice or use the title 'dietitian' or use the letters 'LD' or any facsimile thereof or represent themselves to the public as a dietitian. (b) Notwithstanding any other provisions of this Code section, a person duly regis tered as a registered dietitian shall have the right to use the title 'registered dietitian,' the designation 'RD,' or any facsimile thereof. (c) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor.
43-11A-17. Proceedings under this chapter shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-11A-18. Nothing in this chapter shall be construed to affect or prevent:
(1) A student enrolled in an approved academic program in dietetics from engaging in the practice of dietetics under the supervision of a dietitian; or a dietetic techni cian, certified dietary manager, or dietetic aide in a health care facility from providing nutrition services under the supervision of or in consultation with a dietitian;
(2) A dietitian who is serving in the armed forces of the United States or any other federal agency from engaging in the practice of dietetics, provided that such practice is related to service or employment;
(3) Persons licensed to practice the professions of dentistry, medicine, osteopathy, chiropractic, nursing, or pharmacy from engaging in the practice of dietetics when incidental to the practice of their profession, except that such persons may not use the title 'dietitian';

510

JOURNAL OF THE HOUSE,

(4) A nonresident registered dietitian from practicing dietetics in this state for five days without a license or up to 30 days per year with licensure from another state if the requirements for licensure are substantially equal to the requirements contained in this chapter;
(5) Employees of a department, agency, or division of state, county, or local gov ernment from engaging in the practice of dietetics within the discharge of official duties when such practice is directed by or in consultation with a dietitian licensed under this chapter;
(6) Persons who were engaged in dietetic practice prior to July 1, 1994, but the prohibition of Code Section 43-11A-16 shall apply to such persons on and after July 1, 1995;
(7) Persons who provide weight control services, provided the weight control pro gram has been reviewed by, consultation is available from, and no program change can be initiated without the prior approval of either a dietitian licensed under this chap ter, a dietitian licensed in another state which has licensure requirements which are substantially equal to the requirements contained in this chapter, or a registered dietitian;
(8) Persons from marketing or distributing food, food materials, dietary or food supplements, or minerals or herbs, including but not limited to operators and employ ees of health food stores or other licensed businesses which sell such products, pro vided that such persons shall not engage in the oral or written explanation of the historical use, benefit, or preparation of such products which is deceptive or fraudu lent, and such persons shall not furnish specific nutrition information related to such products which is deceptive or fraudulent. Persons included in this paragraph shall not use the title 'dietitian' and shall not designate themselves by any other term or title which implies that such persons are licensed under this chapter;
(9) The practice of the tenets of any religion, sect, or denomination whatsoever, provided that a member of such religion, sect, or denomination shall not use the title 'dietitian' and shall not designate himself or herself by any other term or title which implies that such member is engaged in dietetic practice; or
(10) Persons with a master's or doctorate degree from any regionally accredited col lege or university with a major course of study in human nutrition, food and nutrition, dietetics, food systems management, or nutrition education, or persons with a doctorate degree from a regionally accredited college or university with a major course of study in nutritional biochemistry, provided that such persons shall not use the title 'dietitian.' 43-11A-19. A person who does not meet the requirements for licensure under this chapter but who has been employed as a nutritionist under the state or a county merit system for at least five years prior to July 1, 1993, and who makes application for licen sure as a dietitian prior to July 1, 1995, may be granted a license as a dietitian if he or she pays the required fee and complies with the continuing education requirements established by the board."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lucas of the 124th moved that further consideration of SB 20 be post poned until tomorrow immediately following the period of unanimous consents.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 849. By Representatives Twiggs of the 8th, Coleman of the 142nd, Hanner of the 159th, Colwell of the 7th, Sherrill of the 62nd and others:
A resolution commending the firefighters of Georgia and observing the 22nd annual Firefighters' Recognition Day.

THURSDAY, FEBRUARY 3, 1994

511

HR 850. By Representative Connell of the 115th: A resolution honoring Dr. John M. "Pepper" Martin.

HR 851. By Representatives Baker of the 70th, Walker of the 141st, Henson of the 65th, Smyre of the 136th, Martin of the 47th and others:
A resolution commending the Georgia Network of Children's Advocacy Cen ters.

HR 852. By Representatives Teper of the 61st, O'Neal of the 75th, Jones of the 71st, Henson of the 65th, Hegstrom of the 66th and others:
A resolution commending the elementary class of Montessori Children's Cot tage in Conyers, Georgia.

HR 853. By Representative Mobley of the 86th:
A resolution commending the Winder-Barrow High School Bulldoggs football team.

HR 854. By Representatives Bunn of the 74th and O'Neal of the 75th:
A resolution commending the Rockdale County School System on its 100th anniversary.

HR 855. By Representative Greene of the 158th: A resolution recognizing and commending Chatele' Antionette Chester.

HR 856. By Representatives Ashe of the 46th, Hugley of the 133rd, McBee of the 88th and Orrock of the 56th:
A resolution recognizing 1994 as the Georgia Year of the Family.

HR 857. By Representative Streat of the 167th:
A resolution commending the fourth grade students of Mr. Broughton Bennett of Pearson Elementary School.

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

512

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 4, 1994

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 Theodore J. Wardlaw, Pastor, Central Presbyterian Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1636. By Representative Davis of the 48th: A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mort gage brokers, so as to provide for definitions; to revise and provide for exemptions from licensing and other requirements; to authorize the promul gation of rules and regulations.
Referred to the Committee on Banks & Banking.

FRIDAY, FEBRUARY 4, 1994

513

HB 1637. By Representatives Henson of the 65th, Williams of the 63rd, Watson of the 139th, Byrd of the 170th, Powell of the 23rd and others:
A bill to amend Code Section 43-4-32 of the Official Code of Georgia Anno tated, relating to certificates of registration for registered interior designers, so as to change certain provisions regarding the waiver of examination requirements.
Referred to the Committee on Industry.

HB 1638. By Representative Brooks of the 103rd:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the qualifications for members of the authority; to provide that a majority of the members of the authority shall be users of the facili ties of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1639. By Representatives Bunn of the 74th, Maddox of the 108th, Dix of the 76th, Westmoreland of the 104th, Hembree of the 98th and others:
A bill to amend Code Section 40-2-31 of the Official Code of Georgia Anno tated, relating to five-year and annual license plates for motor vehicles, so as to provide additional requirements for the design and manufacture of revalidation decals.
Referred to the Committee on Motor Vehicles.

HB 1640. By Representatives Bunn of the 74th, Moore of the 113th, Maddox of the 108th, Johnson of the 97th, Crews of the 78th and others:
A bill to amend Code Section 19-8-12 of the Official Code of Georgia Anno tated, relating to notices to the biological father in cases of adoption, proce dure, and rights of a biological father, so as to provide for the rights of adoptive parents, biological fathers, and adopted children.
Referred to the Committee on Judiciary.

HB 1641. By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th, James of the 140th and others:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Anno tated, relating to seeds and plants, so as to provide for a Seed Arbitration Council.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1642. By Representative Skipper of the 137th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to provide that in each county of this state having a population of 350,000 or more according to the United States decennial census of 1990 or any future such census, the clerk of the superior court rather than the tax collector or tax commissioner shall be responsible for the collection and administration.
Referred to the Committee on Ways & Means.

514

JOURNAL OF THE HOUSE,

HB 1643. By Representatives Joyce of the 1st, Turnquest of the 73rd, Johnston of the 81st and Ehrhart of the 36th:
A bill to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general, so as to provide that in criminal cases the judge shall inform the jury that pursuant to the Constitution of Georgia the jury shall be the judges of the law and the facts; to provide for input by any party to the case.
Referred to the Committee on Judiciary.

HB 1644. By Representatives Henson of the 65th, Johnson of the 153rd, McBee of the 88th, Powell of the 23rd, Buckner of the 95th and others:
A bill to amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alterations of buildings and other structures generally, so as to require that certain public and private facilities be equipped with sufficient restroom facilities at a ratio of three for women to every two for men.
Referred to the Committee on Industry.

HB 1645. By Representative Ashe of the 46th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for legislative intent; to provide that certain legislative information shall be made available to the public in electronic form; to provide that the information shall be made available through a public computer network.
Referred to the Committee on Rules.

HB 1646. By Representative Ashe of the 46th:
A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide procedures for the introduction, cost analysis, and passage of local laws proposing or increasing a homestead exemption.
Referred to the Committee on Ways & Means.

HB 1647. By Representative Ashe of the 46th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax deferrals, so as to pro vide that a property owner shall not be required to file annual applications for a deferral; to change the maximum assessed value of a homestead for which a deferral may be sought.
Referred to the Committee on Ways & Means.

HB 1648. By Representative Parham of the 122nd:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 4, 1994

515

HB 1649. By Representative Parham of the 122nd:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1650. By Representatives Shipp of the 38th, Atkins of the 29th, Hammond of the 32nd, Klein of the 39th, Vaughan of the 34th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to adopt an official map of the corporate limits of the City of Acworth and to confirm the corporate boundaries of the City of Acworth.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1651. By Representative Hanner of the 159th:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Anno tated, relating to exceptions to prohibitions on transactions with state agen cies, so as to provide an exception with respect to the employment by the Department of Natural Resources of part-time cleaning and custodial work ers or cooks who work for other agencies.
Referred to the Committee on Game, Fish & Parks.
HB 1652. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $8,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 62 years of age or over in 1994.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1653. By Representatives Twiggs of the 8th, Colwell of the 7th, Dobbs of the 92nd, Sherrill of the 62nd, O'Neal of the 75th and others:
A bill to amend Code Section 40-9-32 of the Official Code of Georgia Anno tated, relating to determination of the amount of security required under the "Motor Vehicle Safety Responsibility Act," so as to provide that the Depart ment of Public Safety shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code sec tion which is received more than 12 months after the date of the accident.
Referred to the Committee on Judiciary.

HB 1654. By Representatives Sherrill of the 62nd, Baker of the 70th, Skipper of the 137th, Stancil of the 91st, Ladd of the 59th and others:
A bill to amend Code Section 48-5-16 of the Official Code of Georgia Anno tated, relating to the return of certain personal property for ad valorem taxa tion, so as to provide that aircraft located in a county other than the county of the owner's residence for 184 days or more in a calendar year shall be returned in that county.
Referred to the Committee on Ways & Means.

516

JOURNAL OF THE HOUSE,

HB 1655. By Representative Barnes of the 33rd:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Anno tated, the "Structural Pest Control Act," so as to provide that references to subterranean termites in certain contracts entered into before July 1, 1994, shall exclude Formosan termites; to provide that any such contracts entered into after such date shall include such termites.
Referred to the Committee on Industry.

HB 1656. By Representatives Baker of the 70th, Lawrence of the 64th, Sherrill of the 62nd, Randolph of the 72nd, Turnquest of the 73rd 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 their duties, so as to authorize a taxpayer who is not satisfied with the decision of the county board of equalization to refer the matter to arbitration.
Referred to the Committee on Ways & Means.

HB 1657. By Representatives Buckner of the 95th, Kinnamon of the 4th and Cauthorn of the 35th:
A bill to amend Code Section 15-7-24 of the Official Code of Georgia Anno tated, relating to solicitors of the state courts, so as to provide that solicitors shall have been admitted to practice law for three years; to provide that solicitors shall be called solicitor general.
Referred to the Committee on Judiciary.

HB 1658. By Representatives Childers of the 13th, Simpson of the 101st and Cummings of the 27th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to change the provisions relating to standards for individual sewage management systems; to provide conditions under which such on-site individual sewage manage ment systems are subject to reexamination by such department.
Referred to the Committee on Health & Ecology.

HB 1659. By Representatives Thomas of the 100th and Barnes of the 33rd:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to the imposition of the special county 1 percent sales and use tax, so as to change the maximum period of time for which such tax may be imposed for certain purposes.
Referred to the Committee on Ways & Means.

HR 842. By Representatives Purcell of the 147th and Oliver of the 154th:
A resolution authorizing the leasing of certain state owned real property in Bryan County.
Referred to the Committee on State Institutions & Property.

FRIDAY, FEBRUARY 4, 1994

517

HR 843. By Representative Joyce of the 1st:
A resolution proposing an amendment to the Constitution so as to provide that the millage rate which may be levied on taxable property by any county, municipality, or combination thereof may not exceed the millage rate last established prior to December 31, 1994.
Referred to the Committee on Ways & Means.
HR 844. By Representatives Bunn of the 74th, Joyce of the 1st, Mueller of the 152nd, Crews of the 78th, Hembree of the 98th and others:
A resolution proposing an amendment to the Constitution so as to provide that the offense of driving under the influence of alcohol or drugs shall be a crime involving moral turpitude for the purpose of preventing a person from holding elective public office for a certain period of time.
Referred to the Committee on Judiciary.
HR 848. By Representatives Canty of the 52nd, Johnson of the 97th, Turnquest of the 73rd, Groover of the 125th, Randall of the 127th and others:
A resolution creating the Georgia Commission to Study Family Courts.
Referred to the Committee on Judiciary.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the com mittees:
HB 1663. By Representatives Crews of the 78th and Byrd of the 170th:
A bill to amend Part 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the lottery for education, so as to provide for mandatory revocation of the retailer's contract under certain conditions; to change the penalties for selling lottery tickets or shares to underage persons or permitting such persons to play any lottery games.
Referred to the Committee on Industry.
HB 1664. By Representatives Parrish of the 144th, Byrd of the 170th and McBee of the 88th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a project not required for continued use by the authority to public entities for public purposes.
Referred to the Committee on Industry.

HB 1676. By Representative Oliver of the 154th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to change the filing require ments for affiliate transfers so as to require the affiliated trust company to file information regarding the transfer with the Department of Banking and Finance; to allow state credit unions to give their employees a preferential rate on loans as an employee benefit.
Referred to the Committee on Banks & Banking.

518

JOURNAL OF THE HOUSE,

HB 1677. By Representatives Floyd of the 172nd, Oliver of the 154th and Milam of the 130th:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to create the criminal offense of debit card fraud; to provide that it shall be unlawful to use a debit card to fraudently withdraw, pay or transfer money from a deposit account in a financial institution.
Referred to the Committee on Banks & Banking.

HR 863. By Representatives Murphy of the 18th, Twiggs of the 8th, Greene of the 158th, Walker of the 141st, Groover of the 125th and others:
A resolution designating the Carlton H. Colwell Probation Detention Center.
Referred to the Committee on Public Safety.

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

HB 1609 HB 1610 HB 1611 HB 1612 HB 1613 HB 1614 HB 1615 HB 1616 HB 1617 HB 1618 HB 1619 HB 1620 HB 1621 HB 1622 HB 1623 HB 1624 HB 1625 HB 1626

HB 1627 HB 1628 HB 1629 HB 1630 HB 1631 HB 1632 HB 1633 HB 1634 HB 1635 HR 819 HR 823 HR 824 HR 825 SB 412 SB 418 SB 440 SB 542 SB 550

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1439 Do Pass
Respectfully submitted, is/ Holmes of the 53rd
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

FRIDAY, FEBRUARY 4, 1994

519

Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1505 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1306 Do Pass, as Amended HB 1488 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1328 Do Pass, by Substitute HB 1358 Do Pass, by Substitute HB 1417 Do Pass, by Substitute

HB 1432 Do Pass, by Substitute HB 1515 Do Pass, as Amended HB 1594 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 314 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 168th
Chairman

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

520

JOURNAL OF THE HOUSE,

Mr. Speaker:

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

HB 1074 Do Pass, by Substitute HB 1577 Do Pass HB 1580 Do Pass HB 1587 Do Pass HB 1592 Do Pass HB 1598 Do Pass

HB 1602 Do Pass HB 1603 Do Pass HB 1604 Do Pass HB 1606 Do Pass HB 1607 Do Pass SB 405 Do Pass

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

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 879 Do Pass, by Substitute HB 1240 Do Pass HB 1318 Do Pass HB 1522 Do Pass, by Substitute HB 1539 Do Pass

HR 668 Do Pass HR 730 Do Pass HR 768 Do Pass HR 773 Do Pass HR 824 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 1196 Do Pass, by Substitute HB 1207 Do Pass, by Substitute HB 1363 Do Pass HB 1368 Do Pass HB 1369 Do Pass

HB 1489 Do Pass, by Substitute HB 1506 Do Pass, by Substitute HB 1527 Do Pass, by Substitute HB 1561 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

FRIDAY, FEBRUARY 4, 1994

521

HB 1577. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solic itor of said court.

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

HB 1580.

By Representative Greene of the 158th:
A bill to amend an Act placing the sheriff of Calhoun County on a annual salary, so as to change the provisions relating to the compensation of the sheriff.

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

HB 1587.

By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the compensation of the chairperson and each mem ber of the board of commissioners.

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

HB 1592. By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Carroll County during designated registra tion periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

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

HB 1598.

By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act entitled "An Act to create and establish the EllavilleSchley County Charter Commission," so as to change certain provisions rela tive to the referendum; to extend the time within which the charter commission is required to prepare, file, and complete the charter.

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

HB 1602.

By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the general powers of the mayor and council.

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

522

JOURNAL OF THE HOUSE,

HB 1603.

By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act creating the Warner Robins Building Authority, so as to provide that the city clerk of the City of Warner Robins shall serve as secretary of the Authority.

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

HB 1607.

By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act providing for the election of the Sumter County Board of Education," so as to change the compensation of the members of said board of education.

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

HB 1604.

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 School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that school district who have annual incomes not exceeding $22,000.00 and 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 1606.

By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to provide a homestead exemption from all City of Centerville ad valo rem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of the City of Centerville who are 70 years of age or over.

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

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barioot Y Bargeron Y Barnes
Bates Y Benefield
Birdsonu

Bordeaux Y Bostick
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 Y Davis, G

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

FRIDAY, FEBRUARY 4, 1994

523

Y 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 Irvin
James Y Jamieson Y Jenkins

Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J
Johnston Jones Y Joyce Kaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, H Y Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas
Y Maddox Y Mann Y Martin Y McBee Y McClinton

McKinney 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 Y Poag Y Polak Y Porter E Poston Y Powell Y Purcell, A Y Purcell, B

Randall
Y Randolph Ray
Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Shipp Y Simpson Y Sinkfield Y Skipper
Smith, C Y Smith, L Y Smith, P
Y Smith, T Smith, V
Y Smith, W Y Smyre Y Snow Y Stancil, F
Stancil, S Y Stanley, L

Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman
Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Wall Watson Y Watts Westmorland White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bills, the ayes were 147, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Kaye of the 37th and Epps of the 131st 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 Ray of the 128th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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.

Representative Lawson of the 20th moved that HB 1074 be printed and placed upon the desks.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

N Dixon, S N Dobbs
N Ehrhart N Epps
Evans N Felton N Floyd, J.M N Floyd, J.W
N Godbee N Golden
Goodwin N Greene N Groover N Hammond N Manner N Harris, B

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

524

JOURNAL OF THE HOUSE,

Y Johnson, D.H N Johnson, E N Johnson, G N Johnson, J N Johnston
Jones N Joyce N Kaye N Kinnamon N Klein Y Ladd N Lakly
N Lane, D N Lane, R
Lawrence
Y Lawson
N Lee N Lewis N Lord Y Lucas

N Maddox N Mann N Martin Y McBee N McClinton
N McKinney N Milam N Mills Y Mobley, B N Mobley, J N Moore N Mosley
N Mueller Oliver
Y O'Neal
N Orrock
N Padgett Parham
N Parrish N Patten

Y Pelcite Perry
N Pinholster N Poag N Polak
Y Porter E Poston Y Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray Reaves N Reichert
Roberts
N Royal Y Scoggins N Shanahan Y Sherrill

Shipp Y Simpson Y Sinkfield N Skipper N Smith, C
Y Smith, L Y Smith, P N Smith, T
Smith, V Y Smith, W
Smyre N Snow
N Stancil, F N Stancil, S Y Stanley, L
Y Stanley, P
N Stephenson N Streat Y Taylor Y Teague

On the motion, the ayes were 38, nays 113. The motion was lost.

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

By unanimous consent, further consideration of HB 1074 was postponed until later today.

By unanimous consent, HB 1074 was ordered printed and placed upon the desks.

SB 405. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act entitled an Act to provide homestead exemption from all Richmond County School District ad valorem taxes for educational pur poses for certain residents so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, effective date, and automatic repeal.

By unanimous consent, further consideration of SB 405 was postponed until later today.

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

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

SB 441. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th, Ray of the 19th and others:
A bill to provide that persons who are convicted of certain serious violent fel onies shall serve minimum terms of imprisonment which shall not be sus pended, probated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence-reducing measures to persons convicted of certain serious violent felonies; to provide a short title.

FRIDAY, FEBRUARY 4, 1994

525

SB 443. By Senators Oliver of the 42nd, Robinson of the 16th and Broun of the 46th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individu als who are patients or clients.

SB 448. By Senators Pollard of the 24th, Robinson of the 16th, Ray of the 19th and Cheeks of the 23rd:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the pro bate courts, so as to provide that such courts shall have jurisdiction to try certain violations of Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," when the defendant waives a jury trial.

SB 449. By Senators Starr of the 44th, Ray of the 19th and Hill of the 4th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the awarding of good-time allowances to inmates confined as county inmates for probation violations or felony offenses; to provide for applicability.

SB 455. By Senator Pollard of the 24th:
A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks Training Council, so as to change the provisions relating to numbers of members and type of membership; to change the quorum necessary to conduct business.

SB 472. By Senator Egan of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to application for homestead exemptions, so as to change the date by which an application for a homestead exemption must be filed from April 1 to the closing date for the return of ad valorem taxes for the county in which the applicant resides.

SB 487. By Senators Crotts of the 17th, Coleman of the 1st, Harbison of the 15th, Gillis of the 20th and Hooks of the 14th:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to provide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway.

HB 1193. By Representatives Watson of the 139th, Skipper of the 137th, Johnston of the 81st, Dixon of the 150th and Chandler of the 99th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the provisions relating to the licensing of utility contractors.

526

JOURNAL OF THE HOUSE,

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

SR 386. By Senator Hooks of the 14th: A resolution designating the Ward Edwards Bridge.

SR 395. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th, Ray of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide mandatory minimum terms of imprisonment of ten years for the offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery and to prohibit the State Board of Pardons and Paroles from granting a pardon or parole or any form of early release; to provide for the submission of this amendment for ratification or rejection.

HR 826. By Representatives Williams of the 114th, Connell of the 115th, Padgett of the 119th, Howard of the 118th and Brown of the 117th:
A resolution commending the master plan of the Augusta Canal Authority.

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

SB 441. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th, Ray of the 19th and others:
A bill to provide that persons who are convicted of certain serious violent fel onies shall serve minimum terms of imprisonment which shall not be sus pended, probated, deferred, or withheld by the sentencing judge and to restrict the granting of paroles, earned time, or other such sentence-reducing measures to persons convicted of certain serious violent felonies; to provide a short title.
Referred to the Committee on Judiciary.

SB 443. By Senators Oliver of the 42nd, Robinson of the 16th and Broun of the 46th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions regarding the transportation of mentally ill, mentally retarded, and alcoholic or drug dependent individu als who are patients or clients.
Referred to the Committee on Health & Ecology.

SB 448. By Senators Pollard of the 24th, Robinson of the 16th, Ray of the 19th and Cheeks of the 23rd:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the pro bate courts, so as to provide that such courts shall have jurisdiction to try certain violations of Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," when the defendant waives a jury trial.
Referred to the Committee on Judiciary.

FRIDAY, FEBRUARY 4, 1994

527

SB 449. By Senators Starr of the 44th, Ray of the 19th and Hill of the 4th:
A bill to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to provide for the awarding of good-time allowances to inmates confined as county inmates for probation violations or felony offenses; to provide for applicability.
Referred to the Committee on State Institutions & Property.

SB 455. By Senator Pollard of the 24th:
A bill to amend Code Section 15-6-50.1 of the Official Code of Georgia Anno tated, relating to the Superior Court Clerks Training Council, so as to change the provisions relating to numbers of members and type of membership; to change the quorum necessary to conduct business.
Referred to the Committee on Judiciary.

SB 472. By Senator Egan of the 40th:
A bill to amend Code Section 48-5-45 of the Official Code of Georgia Anno tated, relating to application for homestead exemptions, so as to change the date by which an application for a homestead exemption must be filed from April 1 to the closing date for the return of ad valorem taxes for the county in which the applicant resides.
Referred to the Committee on Ways & Means.

SB 487. By Senators Crotts of the 17th, Coleman of the 1st, Harbison of the 15th, Gillis of the 20th and Hooks of the 14th:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to provide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway.
Referred to the Committee on Judiciary.

SR 386. By Senator Hooks of the 14th: A resolution designating the Ward Edwards Bridge.
Referred to the Committee on Transportation.

SR 395. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th, Ray of the 19th and others:
A resolution proposing an amendment to the Constitution so as to provide mandatory minimum terms of imprisonment of ten years for the offenses of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery and to prohibit the State Board of Pardons and Paroles from granting a pardon or parole or any form of early release; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.

528

JOURNAL OF THE HOUSE,

Pursuant to Rule 58, Representative Hembree of the 98th served notice that at the proper time he would move to instruct the Committee on Rules to report the following Resolutions of the House back to the House:

HR 702. By Representatives Smith of the 175th, Shanahan of the 10th, Coleman of the 80th, Cox of the 160th, Johnston of the 81st and others:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission.

HR 130. By Representatives Hembree of the 98th, Lakly of the 105th, Johnston of the 81st, Maddox of the 108th, Crews of the 78th and others:
A resolution proposing an amendment to the Constitution so as to change the term of office for members of the General Assembly from two years to four years.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Special Judiciary and referred to the Committee on Judiciary.

HB 1394. By Representatives Hegstrom of the 66th, Martin of the 47th, Lawson of the 20th, Randall of the 127th, Johnson of the 148th and others:
A bill to amend Code Section 44-7-50 of the Official Code of Georgia Anno tated, relating to demand for possession of property, so as to provide that a person occupying rental premises pursuant to a lease between a landlord and tenant is a tenant at sufferance of the tenant and dispossessory proceedings may be brought against such tenant at sufferance.

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

HB 1543. By Representatives Lane of the 55th, Felton of the 43rd, Irvin of the 45th, Canty of the 52nd, Brooks of the 54th and others:
A bill to continue the Fulton County School Employees Pension Fund.

Representative Yates of the 106th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Resolutions of the House were withdrawn from the Committee on Education and referred to the Committee on Judiciary.

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

FRIDAY, FEBRUARY 4, 1994

529

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

HR 667. By Representatives Davis of the 48th and Stanley of the 50th:
A resolution urging the Congress of the United States to adopt an amend ment to the United States Constitution which will permit voluntary group prayer in public schools.

HR 763. By Representatives Crews of the 78th, Campbell of the 42nd, Stancil of the 16th, Smith of the 174th, Johnston of the 81st and others:
A resolution proposing an amendment to the Constitution so as to provide for the election of the State Board of Education by members of the House of Representatives and Senate meeting in caucus and change the terms of the members of such board.

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

HR 858. By Representatives O'Neal of the 75th, Bunn of the 74th and Pinholster of the 15th:
A resolution commending Dax Langley and inviting him to appear before the House of Representatives.

HR 862. By Representative Birdsong of the 123rd:
A resolution commending the Twiggs Academy Lady Trojan Softball Team and inviting them to appear before the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1296. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 1296

The Committee of Conference on HB 1296 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1296 be adopted.
Respectfully submitted,

530

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ George Hooks Senator, 14th District
/s/ Charles W. Walker Senator, 22nd District
/s/ Pete Robinson Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 142nd District
/s/ Larry Walker Representative, 141st District
/s/ Thomas B, Buck, III Representative, 135th District

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", approved April 28, 1993 (Ga. L. 1993, p. 1819), so as to change certain appropriations for the State Fiscal Year 1993-1994; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1993-1994, as amended, known as the "General Appropriations Act" approved April 28, 1993 (Ga. L. 1993, p. 1819), is further amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $8,712,500,000 (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....................................................................$

22,775,363 11,552,461 3,634,128 2,600,854
74,500 7,000
0 147,000 586,000
5,000 654,000 128,552
2,162,568 90,500
1,132,800 22,775,363 22,775,363

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office

$

3,593,591

$

3,593,591

FRIDAY, FEBRUARY 4, 1994

531

Lt. Governor's Office Secretary of the
Senate's Office Total

$

693,268

$

1,194,849

$

5,481,708

$

693,268

$

1,194,849

$

5,481,708

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

$

2,249,357

$

973,058

$

1,282,411

$

6,798,246

$

2,293,420

$

2,249,357

$

973,058

$

1,282,411

$

6,798,246

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

532

JOURNAL OF THE HOUSE,

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...............................................
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.........................................

15,778,386 13,309,012
386,000 521,650 115,540 15,000 803,184 39,000 475,000 114,000 15,778,386 15,778,386
5,201,909 4,327,809 1,559,100 5,886,909 5,201,909
5,819.886 5,148,259
721,627 5,869,886 5,819,886
47,558,332 46,143,026
1,840,926 157,415 126,609
1,164,572 49,432,548 47,558,332
911,803
647,450 650,750
137,700 788,450 647,450
2,389,352 1,269,363
76,500 41,689

FRIDAY, FEBRUARY 4, 1994

533

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....................................................................$

26,000
20,000
12,000
33,800 250,000
660,000 2,389,352 2,389,352

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!

146.228

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council.............................................$

1,000,000

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....................................................................!

34,799,338 47,992,713 11,608,912
267,300 270,400 6,396,373 11,515,801 3,002,947 4,834,583 547,708 11,289,500 41,000
2,750,000
500,000
207,000 45,921,502
630,020 16,500,000
150,000 35,000 164,460,759 34,799,338

Department of Administrative Services Functional Budgets

Total Funds

State Funds

Executive Administration Departmental Administration Statewide Systems

1,816,621 2,704,234 10,968,692

550,758 2,603,645 8,218,692

534

JOURNAL OF THE HOUSE,

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 Distance Learning and
Telemedicine Office of the Treasury Total

$

477,122

$

2,840,463

$

469,465

$

17,012,698

$

53,818,524

$

3,701,054

$

58,455,579

$

5,156,728

$

1,810,618

$

1,167,099

$

2,418,406

$

451,548

$

420,641

$

771,267

$ 164,460,759

477,122 2,840,463
0 0 12,885,843 0 5,850,000 0 0 0 150,000 451,548
0 771.267 34,799,338

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 19,732,149 5,483,084
19,700 434,500 221,410 108,600
17,500 158,886 265,000
0 8,790,000
356,800 0
35,587,629 0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,397,971

$

5,756,661

$

4,318,271

$

5,744,853

$

383,665

$

4,212,947

$

11,997,112

$

1,776,149

$

0

$

35,587,629

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.........................................

FRIDAY, FEBRUARY 4, 1994

535

Real Estate Rentals............................................. Telecommunications ............................................ Per Diem, Fees and Contracts........................... Capital Outlay ....................................................... Utilities ................................................................... Total Funds Budgeted......................................... State Funds Budgeted.........................................

0 400
0 0 0 105,478 105,478

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture..........
Personal Services.................................................. Regular Operating Expenses.............................. Travel..................................................................... Motor Vehicle Purchases....................................
Equipment............................................................. Computer Charges................................................ Real Estate Rentals............................................. Telecommunications............................................ Per Diem, Fees and Contracts........................... Market Bulletin Postage..................................... Payments to Athens and Tifton
Veterinary Laboratories.................................. Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, and Statesboro .................................................. Veterinary Fees..................................................... Indemnities............................................................ Advertising Contract............................................ Payments to Georgia Agrirama Development Authority for Operations................................. Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.................................................. Capital Outlay...................................................... Contract - Federation of Southern Cooperatives...................................................... Boll Weevil Eradication Program...................... Total Funds Budgeted......................................... State Funds Budgeted.........................................

33,934,417 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
599,546
700,000 0
40,000 60,000 45,446,176 33,934,417

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 3,442,900 2,038,416 2,954,042
7,872,585 3,932,620 5,014,258
659,578 2,356,796 45,446,176

4,998,280 6,678,275 1,659,995 3,099,431 3,053,400 2,038,416 2,820,642
4,973,042 1,337,482 1,392,658
0 1,882,796 33,934,417

536

JOURNAL OF THE HOUSE,

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....................................................................$

0 762,957 180,568
8,764 23,000 23,324 4,779
0 7,116 7,572 97,000 107,800 1,222,880
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. 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....................................................................$

84,594,207 58,928,593 4,276,500
724,800 271,480 312,695 486,431 1,313,800 673,600 2,137,800 1,979,900
1,161,600
2,686,400 10,857,508
242,400 365,000 86,418,507 84,594,207

Children and Youth Services Functional Budgets

Total Funds

State Funds

FRIDAY, FEBRUARY 4, 1994

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 Multi-Service Centers Total

21,370,769 9,159,988 7,846,318 4,453,998 4,708,877 14,490,688 3,054,827
923,200 835,331 12,198,518
913,656
447,415
5,894,922 120,000
86,418,507

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.......................................................................... Local Government Efficiency Grant
Program ...................................................................... State Commission on National and
Community Service................................................... Total Funds Budgeted..................................................

537
20,641,369 8,790,288 7,508,018 4,292,198
4,483,777
14,490,688 3,054,827
923,200 835,331 12,198,518
913,656
447,415
5,894,922 120,000
84,594,207
21,318,011 5,488,328
230,905 160,820
0 2,000 152,730 549,167 45,883 247,034
0
2,272,825 2,155,000
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
224,000 53,896,607

538

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

21,318,011

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

$

17,970,597

$

1,477,013

$

32,059,570

$

2,389,427

$

53,896,607

16,561,297 1,477,013 1,050,812 2,228,889 21,318,011

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.................................. 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...................................

564,573,860 391,768,006 53,527,240
1,952,550 3,272,082 3,785,068 6,269,451 5,299,932 5,208,803 4,667,815
0 17,148,012 1,375,000 13,755,000 4,217,200
447,000 886,000
3,766,755
1,331,900 444,500
1,340,000 46,831,281
55,000
337,260 1,304,300 568,990,155
450,000 0
564,573,860

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

66,608,252

$ 404,088,727

$

98,293.176

$ 568,990,155

66,105,642 402,966,727 95,501,491 564,573,860

B. Budget Unit: Board of Pardons and Paroles..........................
Personal Services.................................

37,037,111 30,073,895

FRIDAY, FEBRUARY 4, 1994

539

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...................................................................-!

1,169,584 691,100 168,000 164,860 470,772
2,535,900 813,500 272,500 650,000 27,000
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....................................................................!

4,111,508 6,896,883 4,281,541
21,960 13,000 23,000 14,100 4,740 54,108 565,900 519,000 12,394,232 4,111,508

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

!

1,575,411

$

4,476,647

!

6,342,174

!

12,394,232

$

1,406,863

!

506,931

$

2,197,714

$

4,111,508

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..............................................!

3,238,957,881
37,141,025 4,213,220 1,119,167
117,900 451,323 7,436,402 1,474,729 1,203,382 14,161,325 742,880 50,000
753,531,667 715,965,525 294,622,175 124,613,856 100,756,134

540

JOURNAL OF THE HOUSE,

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-Based Certification..............................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System ............................................$ High School Program .....................................................................$ Special Education in State Institutions.........................................................................$ Governor's Scholarships .................................................................$ Job Training Partnership Act.......................................................$ Vocational Research and Curriculum ..........................................$ 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)...........................................................!

275,159,949 38,022,413 58,760,866
28,891,019 87,006,632 596,369,241 128,798,307 (614,199,984) 78,705,327 20,576,794
143,033,474 3,609,604 21,059,624 51,005,135 56,677,209
416,000
186,500,970 4,950,000
39,176,572 2,047,671 36,338,108
136,568,755 24,332,066
1,500,000 6,996,178 2,766,212 17,741,249
3,991,103 2,702,000
0 248,270
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

FRIDAY, FEBRUARY 4, 1994

541

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 .................................................................I Pre-School Handicapped Program ...............................................$ Mentor Teachers .............................................................................$ Nutrition Education .......................................................................$ Advanced Placement Exams .........................................................$ Tuition/Postsecondary Options ....................................................$ Family Connection Grants.............................................................$ Youth Apprenticeship Grants .......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

119,012 223,824
3,715,615 232,000
90,047,892 14,112,300 1,000,000
65,000 1,012,000
0 1,325,000
280,272 3,697,710,957
340,000 3,238,957,881

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

4,075,184

$

20,546,899

1,161,942

19,222,638

6,485,228

848,847
3,629,599,604

4,668,237 6,413,189

4,689,189 3,697,710,957

!

3,782,008

!

15,545,976

!

1,050,740

!

14,718,904

$

3,068,292

!

848,847

! 3,185,036,304

!

4,479,236

!

6,221,902

!

4,205,672

! 3,238,957,881

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..................................................! Safe Schools Grant..........................................................................!
Media Center and Library Equipment.....................................................................!
Model Technology Schools............................................................! Learning Logic Sites.......................................................................! Algebra Classrooms.........................................................................! Drug and Anti-Violence
Education......................................................................................! Total Funds Budgeted..................................................,.................! Lottery Funds Budgeted................................................................!

157,986.898 37,100,000
32,087,500 1,000,000
14,104,078 1,585,221 1,236,400 20,000,000
38,307,500 9,864,199
924,000 753,000
1,025.000 157,986,898 157,986,898

Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System..................................!

165^570

542

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......................................................! Benefits to Retirees ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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 27,981,977 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 38,304,663 33,596,709

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

1,751,234 32,475,986
4,077.443 38,304,663

12,157 29,675,264
3.909.288 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

FRIDAY, FEBRUARY 4, 1994

543

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 ...................... Grants - Local EMA............................. Grants - Other ....................................... Grants - Civil Air Patrol ...................... Total Funds Budgeted.......................... State Funds Budgeted..........................

28.564,511 13,528,027
887,342 281,946 15,000 119,531 637,225 1,017,399 308,294 26,373,753 3,061,629 40,000 6,344,000 160,000 2,807,357 511,515 42,800
0 290,975 1,144,625
100,000 517,000 1,044,200
0 60,000 59,292,618 28,564,511

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

9,605,629
876,391
5,790,800 4,090,036 2,259,010 24,824,776
362,389
529,821

9,605,629
770,760
5,790,800 3,242,767 2,259,010
304,327
94,963
529,821

544

JOURNAL OF THE HOUSE,

Coordinating Council Children and Youth
Coordinating Council Human Relations Commission Professional Standards
Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

1,567,702
1,755,140 267,131
3,410,260
3,691,108
262,425 59,292,618

485,008
499,318 267,131
3,410,260
1,042,292
262,425 28,564,511

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....................................................................!

606,569,210
52,136,377 1,917,673 1,280,117 1,279,129 159,332 4,666,670 757,614 1,049,574 650,171
244,000
29,079,065 30,989,953
62,500 942,145 13,054.342 138,268,662 412,600 83,248,154

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

893,953 2,005,103
29,079,065
23,584,389 5,290,692 1,907,282
622,716 2,690,000
8,451,757 5,873,156 5,304,949 1,727,862 1,669,404
0 452,189 47,188,328

893,953 2,005,103
23,163,642
22,289,442 4,271,227 1,907,282
612,716 2,690,000
2,102,133 799,017
5,104,949 1,727,862 1,669,404 (9,298,913)
452,189 21,410,331

FRIDAY, FEBRUARY 4, 1994

State Health Planning Agency
Total

1,527,817 138,268,662

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..............................................................

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

11,184,858 1,146,969 1,387,074
1,973,316
3,889,733
5,375,597
2,712,000 7,631,237 74,084,950 50,928,839 12,906,997 2,897,420 1,769,046
604,096 886,222
5,532,904

545
1,447,817 83,248,154
50,462,846 71,741,494
940,217 14,700 119,964 1,085,055 4,981,387 673,897 728,910 7,933,321
308,000
3,200,000
960,000 646,222 656,000 663,609 11,346,416 87,099,623 32,100 138,672
747,761 244,480,194
549,718 128,625,602
State Funds
11,055,183 901,440
1,176,899
1,443,316
3,493,431
5,263,597
308,272 4,447,839
0 50,098,839 7,424,722
1,840,872 1,409,035
441,796 0
5,001,208

546

JOURNAL OF THE HOUSE,

Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Drug and Clinic Supplies Adolescent Health Public Health -
Planning Councils Early Intervention Public Health -
Division Indirect Cost Total

$

998,123

$

1,340,674

$

1,893,655

$

1,040,461

$

496,464

$

4,219,458

$

826,235

$

288,392

$

1,582,437

$

1,778,517

$

1,010,769

$

934,028

$

5,148,151

$

3,479,533

$

544,767

$

7,522,571

$

11,237,625

$

3,066,690

$

2,916,824

$

172,566

$

9,070,996

$

0

$ 244,480,194

674,510 484,680 774,438 1,040,461 496,464 4,219,458 629,010 288,392 1,448,836 1,561,221 787,951 757,935 5,028,151 1,293,370 365,318 3,507,852 498,834 2,367,088 1,862,724
155,251 6,980,047
(902,838) 128,625,602

3. Rehabilitation Services Budget: Personal Services..................................................................... Regular Operating Expenses................................................. Travel........................................................................................ Motor Vehicle Purchases....................................................... Equipment................................................................................ Real Estate Rentals................................................................ Per Diem, Fees and Contracts .............................................. Computer Charges................................................................... Telecommunications ............................................................... Case Services............................................................................ E.S.R.P. Case Services............................................................ Special Purpose Contracts ..................................................... Purchase of Services Contracts............................................. Institutional Repairs and Maintenance............................... Utilities..................................................................................... Postage...................................................................................... Total Funds Budgeted............................................................ Indirect DOAS Services Funding......................................... State Funds Budgeted............................................................

66,313,300 11,161,446
832,419 58,090 536,650 3,941,330 7,667,222 1,776,686 1,474,049 23,864,781 27,000 675,500 8,785,767 204,550 903,615 757.502 128,979,907 100,000 21,546,200

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Sheltered Employment Community Facilities State Rehabilitation
Facilities Diversified Industries
of Georgia

42,526,278 654,036
1,665,376 7,928,747
7,139,556
1,032,121

9,012,555 435,751 801,402
3,076,651
1,379,086
0

FRIDAY, FEBRUARY 4, 1994

547

Program Direction and Support
Grants Management Disability Adjudication Georgia Factory for
the Blind Roosevelt Warm Springs
Institute Total

3,216,353 684,795
31,224,471
12,009,161
20.899.013 128,979,907

1,069,706 684,795 0
797,378
4,288,876 21,546,200

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 .................................................$ State Funds Budgeted....................................................................!

39,999,257 3,486,022
693,773 0
401,834 2,335,235 12,776,471 24,716,192 4,104,182 1,049,584 460,860,944 3,911,738 150,820,803 17,138,657 3,387,972
246.433.964 972,116,628
2,565,582 373,149,254

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

392,892 3,824,334 5,678,165 3,598,230 11,652,203 1,190,322 1,894,341 27,380,743 44,182,442 445,948,884
100 2,799,421 12,966,539
100,011,024
74,524,400 2,907,954
7,438,487
55,416,672

!

392,892

!

3,446,150

!

4,488,492

!

3,598,230

!

976,682

!

1,190,322

!

1,721,525

!

11,881,702

!

1,546,509

! 167,810,220

!

100

!

0

!

0

!

49,857,397

!

27,786,671

!

0

!

2,007,560

!

26,222,368

548

JOURNAL OF THE HOUSE,

County DFACS Operations Employability Program
Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

9,043,381 20,975,278 2,884,770 31,797,658 6,039,122
2,261,063 6,903,437 6,468,139 81,274,983
144,817 1,301,316
1,215,511 0
972,116,628

Budget Unit Object Classes: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications.......................................................................? Crippled Children's Benefits .........................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................$ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants........................................$ Family Planning Benefits ..............................................................$ Case Services....................................................................................$ E.S.R.P. Case Services....................................................................? Crippled Children's Clinics............................................................$ Children's Trust Fund....................................................................$ Cash Benefits...................................................................................? Special Purpose Contracts.............................................................? Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................? Institutional Repairs and Maintenance.........................................................................? Utilities.............................................................................................? Postage..............................................................................................? Payments to DMA-Community Care...........................................?
Grants for Regional Maternal and Infant Care...........................................................................?
Grants to County DFACS - Operations...................................................................?
B. Budget Unit: Community Mental Health/ Mental Retardation and Institutions...............................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................?
Motor Vehicle Purchases...............................................................?

3,393,534 8,519,151 2,262,574 20,727,528 4,648,054 2,117,072 5,373,591 4,232,335 23,669,455
144,817 1,277,407
1,215,511 (7,358,595) 373,149,254
208,911,780 88,306,635 3,746,526
1,351,919 1,217,780 12,028,290 26,182,694 28,216,349 6,957,312 7,933,321
308,000 3,200,000
960,000 646,222 23,864,781 27,000 656,000 1,049,584 460,860,944 5,494,847 179,899,868 68,260,793 87,099,623
299,150 903,615 5,226,291 13,054,342
747,761
246,433,964
428,525.529 349,016,687 37,721,253
307,883 472,300

FRIDAY, FEBRUARY 4, 1994

549

Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities............................,................................................................! 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....................................................................!

1,792,761 4,542,036
252,637 2,370,833 8,765,793 11,745,300
1,775,000 46,958,397
88,101,028 26,150,059
57,683,410 294.118
637,949,495 2,404,100
428,525,529

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers

45,112,421 31,870,738
33,177,775
25,115,953
29,120,564
31,250,865 140,264,629
25,704,298
48,563,451
23,948,581 3,558,236
10,485,040
3,944,924
69,180,134 25,804,047
744,911 525,474 1,116,768
57,683,410 382,273
1,537,971

$

24,898,518

!

13,659,638

$

26,175,994

!

20,565,950

!

20,461,660

!

23,518,502

$

84,647,931

!

19,354,776

!

23,995,951

!

19,093,912

$

2,677,959

!

10,375,631

$

2,940,782

$

32,860,876

$

21,684,527

744,911 525,474 1,116,768
52,922,616 382,273
1,342,471

550

JOURNAL OF THE HOUSE,

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

285,960 346,012
4,180,909
13,165,878
93,600 10,784.673 637,949,495

285,960 346,012
4,180,909
13,165,878
93,600 6,506,050 428,525,529

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..............................................................! Southern Center for International
Studies...........................................................................................! Waterway Development in Georgia..............................................! Lanier Regional Watershed Commission.....................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

17,038,694 8,135,852 1,398,008
290,000 22,000 61,800 102,452 906,097 229,129 655,836 139,100
4,487,723 1,445,000
69,297
300,000 0 0 0
18,242,294 17,038,694

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

8,757,472

4,061,418

895,143

4,528,261

18,242,294

!

7,933,872

!

3,901,418

!

895,143

!

4,308.261

!

17,038,694

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.......................................................................!

14,263,632 12,464,264
706,912 394,214 72,000 88,320 409,010 594,262 286,025

FRIDAY, FEBRUARY 4, 1994

551

Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

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..................................................................................$ Payments to State Treasury..........................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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 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.

552

JOURNAL OF THE HOUSE,

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.................

Medical Assistance Functional Budgets

Total Funds

Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Financial and Hospital
Reimbursement Maternal and Child Health Nursing Home Reimbursement Nursing Home and Hospital
Policy Total

$

64,211,129

$ 2,910,709,718

$

920,051

$

21,008,405

$

3,911,751

$

4,105,894

$

1,502,715

$

454,804

$

599,591

$

7,633,925

$ 3,015,057,983

B. Budget Unit: Indigent Trust Fund.. Equipment.......................................... Per Diem, Fees and Contracts........ Benefits............................................... Total Funds Budgeted...................... State Funds Budgeted......................

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..................................................................

1,037,995.366 13,144,544 3,895,193 155,400 0 72,289 19,391,681 581,812 425,000 65,909,846
2,801,101,544
52,234,107 772,500
57,374,067 3,015,057,983 1,037,995,366

State Funds

$

3,946,695

$ 1,019,748,363

$

358,638

$

5,636,925

$

1,815,822

$

1,544,416

$

726,309

$

160,254

$

299,631

$

3,758,313

$ 1,037,995,366

139,118,799 40,000
23,539,346 338,821,517 362,400,863 139,118,799

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

FRIDAY, FEBRUARY 4, 1994

553

Other Agency Funds .................................. Agency Assessments................................... Employee and Employer Contributions. Deferred Compensation............................. State Funds.................................................

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........................................................................................$ 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 ......................................................$

71,671,963
63,473,390 12,190,998
438,800 1,798,081 2,694,960 2,312,141 2,398,221
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
234,330 500,000
50,000 106,513

554

JOURNAL OF THE HOUSE,

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 Mclntosh County.....................................................$ 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..............................................................$ Receipts from North Georgia
Mountain Authority....................................................................$ Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................!

170,047 80,000 130,725
300,000
0 4,300,000 3,000,000
50,000
2,333,254 15,000
108,393,807
514,350
2,708,177
3,362,900
492,127 200,000 71,671,963

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

6,508,800
37,654,099 2,228,832 29,451,447 31,922,429
628,200 108,393,807

6,508,800
15,102,760 2,117,926 25,159,532 22,179,745
603,200 71,671,963

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................!
Personal Services.............................................................................! Regular Operating Expenses ..............................,,.........................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 1,784,178 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

FRIDAY, FEBRUARY 4, 1994

555

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 and Maintenance.........................................................................?
Driver License Processing..............................................................? Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................?

86,604.705
52,115,047 7,182,070
117,800 3,265,000
483,695 3,516,000
7,400 908,000 367,150
150,000 50,000 68,162,162 1,650,000 66,512,162
16,141,663 1,820,500
4,800 0
106,380 0
53,300 287,500 190,000
0 290,000
30,000 1,168,400 20,092,543
0 20,092,543

Public Safety Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

18,757,970 20,092,543 49.404,192 88,254,705

17,257,970 20,092,543 49,254.192 86,604,705

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......................................................?

13,576.666
7,071,055 2,596,360
87,300 54,500 150,250 339,000 99,105 138,350 620,100

556

JOURNAL OF THE HOUSE,

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....................

3,219,460 0
14,375,480 13,288,480
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 Total

$

4,068,041

$

5,241,255

$

1,051,451

$

1,135,035

$

453,133

$

6,494.606

$

18,443,521

$

288,186

5,241,255 986,451
1,035,035

453,133
5,572,606 13,576,666

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 6,470,845
457,828 200,050 158,400 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

FRIDAY, FEBRUARY 4, 1994

Administration Transportation Utilities Total

$

1,734,016

$

3,229,158

$

5,403,392

$

10,366,566

Section 35. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction.................. Personal Services:
Educ., Gen., and Dept. Svcs............................. Sponsored Operations........................................ Operating Expenses: Educ., Gen., and Dept. Svcs............................. Sponsored Operations........................................ Special Funding Initiative................................ Office of Minority Business Enterprise.......... Special Desegregation Programs...................... Forestry Research............................................... Research Consortium......................................... Capital Outlay................................................... Total Funds Budgeted....................................... Departmental Income....................................... Sponsored Income............................................. Other Funds........................................................ Indirect DOAS Services Funding ................... State Funds Budgeted......................................

B. Budget Unit: Regents Central Office and Other Organized Activities......
Personal Services: Educ., Gen., and Dept. Svcs............................ Sponsored Operations.......................................
Operating Expenses: Educ., Gen., and Dept. Svcs............................ Sponsored Operations....................................... Fire Ant and Environmental Toxicology Research ..................................... Agricultural Research....................................... Advanced Technology Development Center..................................... Capitation Contracts for Family Practice Residency........................... Residency Capitation Grants........................... Student Preceptorships.................................... Mercer Medical School Grant ......................... 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

557
1,734,016 1,478,654 5,233,492 8,446,162
888,363.093
977,858,500 120,000,000
215,738,044 140,000,000
9,208,094 336,138 334,702 313,687
8,100,000 300,000
1,472,189,165 35,000,000 260,000,000 285,798,772 3,027,300 888,363,093
146,508,706
240,503,812 68,545,719
123,320,873 42,869,254
0 1,906,476
1,550,621
2,412,495 2,700,999
146,403 5,947,000 4,706,000
300,000 2,154,439 5,674,550 1,124,488
600,000 200,000
870,370
206,780

558

JOURNAL OF THE HOUSE,

for Operations..............................................................................! Total Funds Budgeted....................................................................! Departmental Income .....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

7,475,339 513,215,618
0 113,196,449 252,954,763
555,700 146,508,706

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 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 3,980,743 1,278,554 126,450,928 8,101,231 50,988,982 43,618,512 224,179,321 2,491,514 2,625,911 16,731,460 2,719,756 7,208,497 21,097,262 513,215,618

1,206,159 1,649,854
877,831 12,097,852 2,075,031 32,690,329 25,960,155 29,206,928 2,491,514
474,622 16,731,460
0 51,524 20,995,447 146,508,706

C. Budget Unit: Georgia Public Telecommunications Commission...........................................
Personal Services.......................................................... Operating Expenses ..................................................... Total Funds Budgeted................................................. Other Funds.................................................................. State Funds Budgeted.................................................

0 6,797,618 9,001,343 15,798,961 15,798,961
0

D. Budget Unit: Lottery for Education............ Equipment, Technology and Construction Trust Fund ................................................... Capital Outlay - GPTV.................................. Distant Learning - Satellite Dishes.............. Research Consortium - Equipment .............. Equipment - Vocational Instruction.................................................... Computer Labs - Vocational Instruction....................................................

22,799,512
17,700,000 2,021,512
400,000 0
2,000,000
240,000

FRIDAY, FEBRUARY 4, 1994

559

Educational Technology Centers..................................................$ Equipment - GMC ..........................................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

200,000 238,000 22,799,512 22,799,512

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
and FICA......................................................................................$ Grants to Counties/Appraisal Staff...........................................,..$ Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

79,781,390 53,437,611 4,420,138
1,368,174 37,800 873,551
11,133,750 2,628,155
750,491 770,376
3,132,300 0
2,439,610 3.400,704 84,392,660 3,845,000 79,781,390

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

$

6,627,279

$

10,411,609

$

8,624,303

$

16,311,515

$

7,242,075

$

17,295,515

$

6,900,939

$

4,056,399

$

3,930,440

$

46,000

$

2,946,586

$

84,392,660

$

6,627,279

$

10,211,609

$

7,809,103

$

16,011,515

$

6,542,075

$

15,995,515

$

6,900,939

$

3,090,129

$

3,600,640

$

46,000

$

2,946,586

$

79,781,390

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....................................................................!

23,365,252 15,429,769 2,537,914
216,350 154,064 179,667 1,217,775 2,344,377 323,686 1,140,650 700,000 24,244,252 23,365,252

Secretary of State Functional Budgets

Total Funds

State Funds

560

JOURNAL OF THE HOUSE,

Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Total

$

3,288,085

$

4,366,936

$

4,567,374

$

1,592,072

$

972,111

$

291,164

$

9,166,510

$

24,244,252

$

3,258,085

$

4,291,936

$

3,967,374

$

1,572,072

$

918,111

$

291,164

$

9,066,510

$

23,365,252

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

Cost of

State Funds

Operations

Real Estate Commission

$

1,820,481

!

1,860,481

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....................................................................!

1,849,742 967,302 176,755 45,000 35,556 12,000 7,850 59,000 17,520 837,150 424,000
2,582,133 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.....................................................!

26,926,367 4,719,120
397,851 81,800
0 18,500 371,000 24,763 146,000 42,757
0 4,076,000

FRIDAY, FEBRUARY 4, 1994

561

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...........................

18,561,740 5,003,940
38,000 79,500 160,000 543,740
425,000 34,689,711 26,926,367

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

$

5,290,602

$

0

$

28,887,920

$

511,189

$

34,689,711

0
0
26,415,178
511,189 26,926,367

B. Budget Unit: Lottery for Education.................. Hope Financial Aid.............................................. Tuition Equalization Grants .............................. Total Funds Budgeted......................................... Lottery Funds Budgeted.....................................

45,113,789 39,413,797 5,699,992 45,113,789 45,113,789

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 3,487,893
347,750 26,650
0 12,400 1,000,569 451,185 70,000 365,500 3,200,000 600,000 9,561,947 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...........................................

134,636,691 3,711,713 368,013 108,250 0 15,000 566,826 339,900 135,630

562

JOURNAL OF THE HOUSE,

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....................................................................!

604,500 92,546,076 19,142,056
915,000 6,792,561 23,995,460 2,660,920 13,401,864 165,303,769 134,636,691

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

5,849,832 159,453,937 165,303,769

4,042,037 130,594,654 134,636,691

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....................................................! Equipment - State Schools............................................................! Equipment - Area Schools.............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

25,981,000 200,000 439,000
2,818,000 2,544,000 3,480,000 14,500,000 2,000,000 25,981,000 25,981,000

Section 42. Department of Transportation. Budget Unit: Department of Transportation....................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals .......................................................,................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Capital Outlay - Airport Approach Aid and
Operational Improvements........................................................! Capital Outlay - Airport
Development................................................................................! Mass Transit Grants.......................................................................! Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................! Spoilage Area Acquisition, Clearing,
Preparation and Dike Reconstruction......................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

452,551,435 229,719,857 59,346,345
1,497,590 1,000,000 5,224,774 5,167,513 1,343,274 2,235,365 47,353,845 660,539,177
1,024,100
1,167,500 14,289,181
680,000
1,030,588,521 452,551,435

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments

744,103,775 231,941,331

! 193,592,346 ! 220,741,331

FRIDAY, FEBRUARY 4, 1994

563

Facilities and Equipment Administration Total

$

9,600,000

$

22,469,481

$ 1,008,114,587

$

9,000,000

$

21,889.481

$ 445,223,158

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

$

1,519,316

!

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......................................................! 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....................................................................!

22,516,171 4,583,344
112,500 71,200
0 84,000 7,300 236,000 56,500 23,000
16,284,845
6,460,100
719,000 28,637,789 22,516,171

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

!

7,036,300

!

28,637,789

$

4,843,729

$

12,504,343

$

5,168,099

!

22,516,171

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....................................................................!

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

564

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................!

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) ............................................................$

378,397,683 54,700,000 433,097,683
23,389,890 0
23,389,890

Section 46. Provisions Relative to Section 3, Supreme Court. The appropri ations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.

Section 47. Provisions Relative to Section 4, Court of Appeals The appro priations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

Section 48. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council;'provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 51. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board

FRIDAY, FEBRUARY 4, 1994

565

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.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Atlanta
City of Augusta
Richmond County
Bibb County Board of Education
Wheeler County Board of Education
City of Moultrie Buford City Board
of Education Cobb County Polk County Carroll County
Muscogee County
Butts County

Contract for services from Clark Atlanta University
Contract for services from National Science Center Foundation, Inc.
Law Enforcement Training Center operations
Renovations to Alexander II School
School facility construction
Jail Renovations
Real property acquisition Neighborhood Cobb program Airport improvements
West Georgia Regional Airport improvements
Renovations of Confederate Naval Museum
Renovations of facilities at Indian Springs

$135,000
350,000
50,000
25,000
75,000 50,000
100,000 25,000 40,000
25,000
75,000
10,000

566 Bacon County Brantley County City of Statesboro
City of Jesup Mclntosh County
City of Tybee Union County
Spalding County
City of Plains Houston County Board
of Education Wilcox County Lanier County Board
of Education
City of Cave Spring Charlton County
Athens/Clarke County Consolidated Government
City of Cordele
Coffee County Board of Education
Worth County Bleckley County
Clayton County
Evans County

JOURNAL OF THE HOUSE,
Real property acquisition Courthouse renovations Recreation Department
Operations Auditorium renovations Program for deprived
children Pier repairs Renovations to DFACS
Facilities Renovations to DFACS
Facilities School facility renovation
School facility renovation Livestock facility construction
Renovation of school facility
Park improvements St. George Community Rescue
Unit acquisition
Athens Regional Library bookmobile acquisition
Lake Blacksheer Regional Library bookmobile acquisition
Satilla Regional Library book acquisition
Agriculture Pavillion improvements Repairs to Community Recreation
facilities
Renovations to Community Services agency offices
Ambulance acquisition

50,000 10,000 14,000 10,000 15,000 10,000 65,000 28,000 50,000
50,000 80,000
20,000 25,000
68,000
75,000 75,000
75,000 20,000 35,000 40,000 10,000

FRIDAY, FEBRUARY 4, 1994

567

Cobb County Board of Education
City of Columbus City of Cedartown Fannin County
City of Decatur
City of Macon City of Boston City of Perry Telfair County City of Eatonton City of Nahunta
City of Screven Schley County City of Augusta Douglas County

Athletic Health Center construction
Construction of Battered Women Shelter
Youth athletic field construction
Contract for services from Georgia Mountian Health Services, Inc.
Contract for services from Georgia School-Age Care Association
Preservation of Hay House
Construction and repairs to Community facility
Airport improvements
Airport improvements
Old Post Office building renovations
City Hall equipment acquisition
Police vehicle acquisition
Courthouse renovations
Renovation to John M. Tutt House
Youth Athletic Organization

40,000 25,000 10,000
25,000
50,000 50,000 24,000 25,000 25,000 26,000 10,000 10,000 10,000 15,000 25,000

Section 55. Provisions Relative to Section 17, Department of Corrections. 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 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.
Provided, that from the appropriation made above for County Workcamp Construc tion Grants, a specific, mandatory appropriation pursuant to O.C.G.A. 42-2-12(a) is made as follows:

Recipient

Purpose

Amount

Muscogee County

Planning and design of county correctional institution

$447,000

568

JOURNAL OF THE HOUSE,

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 1994.
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.
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

FRIDAY, FEBRUARY 4, 1994

569

Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
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.
Provided, that the above amount of Lottery funds appropriated for Safe School Grants shall include fire security equipment for Walker County.

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

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 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.

570

JOURNAL OF THE HOUSE,

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. The Department is authorized to use existing funds to provide partial funding to con tract for the replacement of the PARIS system. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 30 mentally retarded clients from hospitals to community residential settings. The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services. To provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acquisition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home visits and coordi nated after care with federally funded Comprehensive Hemophilia Treatment Centers uti lizing the agency's nurses and social workers and with no charge to the uninsured clients.
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

FRIDAY, FEBRUARY 4, 1994

571

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.
The Department of Medical Assistance is authorized to extend Medicaid coverage to eligible nineteen and twenty year olds in foster care.
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 $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.
Provided, that of the above appropriation for the Department of Public Safety, $50,000 is intended for improvements to public safety operation in Cobb County.
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

572

JOURNAL OF THE HOUSE,

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.
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 budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 42 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.

FRIDAY, FEBRUARY 4, 1994

573

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 $499,923,158 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.

574

JOURNAL OF THE HOUSE,

Section 73. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 74. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
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 1994 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

FRIDAY, FEBRUARY 4, 1994

575

no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102/ c 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. The following authorizations to issue General Obliga tion Debt and the corresponding appropriations are hereby repealed: The existing but unexercised authorization to issue $13,500,000 in principal amount of General Obligation Debt for Georgia Ports Authority, Ga. Laws 1993, pp. 1819, 1900, and the existing but unexercised authorization to issue $36,855,000 in principal amount of General Obligation Debt for the Board of Regents of the University System of Georgia, which amount is remaining from the $80,100,000 in principal amount originally authorized by Ga. Laws 1993, pp. 1819, 1897.
With regard to the appropriations in Section 45 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $652,500 is specifi cally appropriated for the purpose of financing a coastal Georgia maritime trade and con vention center 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 $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.

576

JOURNAL OF THE HOUSE,

From the appropriation designated "State General Funds (New)", $1,081,000 is specif ically appropriated for the purpose of financing projects for the Department of Adminis trative 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 $4,700,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $930,350 is specifi cally appropriated for the purpose of financing projects for the State Board of Education, 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 $4,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $13,763,835 is spe cifically appropriated for the purpose of providing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $158,205,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriations designated "State General Funds (New)", $475,455 is specifi cally appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipali ties, or boards of trustees of public libraries or public library systems, through the issuance of not more than $5,465,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $582,900 is specifi cally 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 improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $6,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $277,965 is specifi cally appropriated for the purpose of financing facilities at Georgia Military College for the Board of Regents of the University System of Georgia, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,195,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,585,850 is specif ically 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 $6,895,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,305,000 is specif ically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facil ities or systems, 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.
From the appropriation designated "State General Funds (New)", $313,200 is specifi cally appropriated for the purpose of financing projects for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or

FRIDAY, FEBRUARY 4, 1994

577

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 $3,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $309,285 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth 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 $3,555,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $665,550 is specifi cally appropriated for the purpose of financing projects for the Department of Human 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 $7,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $782,000 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections, 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 $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $435,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $230,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months,
Section 82. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994.....................................................................................$ 9,201,886,925
Section 83. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 84. All laws and parts of laws in conflict with this Act are repealed."
This Act shall become effective upon its approval by the Governor or upon its becom ing law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed."

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee of Conference Report to HB 1296, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

578

JOURNAL OF THE HOUSE,

The Committee of the Whole arose and through its Chairman reported HB 1296 back to the House with the recommendation that the Conference Committee Report be adopted.

Representative Stancil of the 16th moved that further consideration of HB 1296 be postponed until February 8, 1994 immediately following the period of unanimous consents.
On the motion, 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
Breedlove Y Brooks, D N Brooks, T N Brown N Buck
N Buckner Y Bunn Y Burkhalter N Bvrd Y Campbell Y Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channel! N Childers Y Clark Y Coker Y Coleman, B N Coleman, T

N Colwell
N Connell
N Cox
Y Crawford
Y Crews
N Culbreth
N Cummings
N Davis, G
Y Davis, M
Y Dickinson
Y Dix
N Dixon, H
N Dixon, S N Dobbs Y Ehrhart
N Epps Y Evans Y Felton N Floyd, J.M
N Floyd, J.W
N God bee
N Golden
Goodwin
N Greene
N Groover
N Hammond N Manner N Harris, B Y Harris, M N Hart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

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

N Moblev, B
N Mobley, J
Y Moore N Mosley Y Mueller N Oliver N O'Neal
Orrock N Padgett
Parham
N Parrish
N Patten
N Pelote
N Perry
Y Pinholster N Poag
N Polak
N Porter
E Poston
N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert
Roberts N Royal N Scoggins N Shanahan
N Sherrill N Shipp
N Simpson N Sinkfield
N Skipper

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

On the motion, the ayes were 46, nays 122. The motion was lost.

Representative Williams of the 114th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Coleman of the 142nd moved that the House adopt the report of the Committee of Conference on HB 1296.
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 BirdsoiiR

Y Bordeaux
Y Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown Y Buck Y Buckner N Bunn Y Burkhalter YByrd

Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless
Y Chandler
Y Channell
Y Childers
N Clark

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

N Davis, M Dickinson
N Dix Y Dixon, H Y Dixon, S Y Dobbs
N Ehrhart YEpps N Evans N Felton
Y Floyd, J.M

FRIDAY, FEBRUARY 4, 1994

579

Y Floyd, J.W
Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B N Harris, M Y Hart Y Heard Y Hegstrom
N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley N Irvin Y James
Y Jamieson Y Jenkins

Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein N Ladd N Lakly Y Lane, D
Y Lane, R N Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas N Maddox N Mann Y Martin
Y McBee Y McClinton

Y McKinney
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
Parham
Y Parrish Y Patten Y Pelote Y Perry N Pinholster Y Poag Y Polak Y Porter E Poston Y Powell
Y Purcell, A Y Purcell, B

Y Randall
Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkiield
Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W Y Smyre Y Snow Y Stancil, F
N Stancil, S Y Stanley, L

Y Stanley, P
Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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 N Yates
Y Yeargin Murphy, Spkr

On the motion, the ayes were 146, nays 28. The motion prevailed.

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

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, so as to provide for fair and nondiscrimina tory utilities fees and charges for customers outside the corporate limits; to repeal conflict ing 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 Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, is amended by striking in its entirety Section 5.11, relating to municipal utilities, and inserting in lieu thereof a new section to read as follows:
"Section 5.11. Municipal utilities, (a) The council shall have the power and authority to acquire, own, hold, lease, build, maintain, and operate systems of waterworks, electric power, sewerage, and gas distribution and mass transit; to establish rates and charge fees for services rendered to any of said systems in accordance with subsection (b) of this section as applicable; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and outside the corporate limits; and to contract to furnish the services of any said systems to consumers outside the corporate limits of the City of Gainesville.

580

JOURNAL OF THE HOUSE,

(b) In furnishing these services to customers outside the official limits of the City of Gainesville the city shall apply fair and nondiscriminatory charges and fees for these services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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

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

Howard
Y Hudson Y Hughes N Hugley Y Irvin N James N 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
NLadd Lakly
Y Lane, D Y Lane, R Y Lawrence
N Lawson Y Lee Y Lewis
Lord Y Lucas Y Maddox
YMann Y Martin Y McBee N McClinton
McKinney Y Milam Y Mills

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

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

On the passage of the Bill, by substitute, the ayes were 101, nays 43.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the vote of Representative Lakly of the 105th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

Representative Lawson of the 20th, requests that the records show that he objects to the interpretation of House Rule 11 and that he objects to the constitutionality of HB 1074.

Representative Connell of the 115th moved that the following Bill of the Senate be recommitted to the Committee on State Planning and Community Affairs - Local.

FRIDAY, FEBRUARY 4, 1994

581

SB 405. By Senators Cheeks of the 23rd and Walker of the 22nd:
A bill to amend an Act entitled an Act to provide homestead exemption from all Richmond County School District ad valorem taxes for educational pur poses for certain residents so as to provide that such exemption shall apply to each resident age 65 and over regardless of the amount of such person's income; to provide for a referendum, applicable date, effective date, and automatic repeal.

The motion prevailed.

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

SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.

The following amendment was read and withdrawn:

Representative Reichert of the 126th moves to amend SB 20 as follows: Page 28 line 26 add a period at the end of the line. strike lines 27, 28, 29, 30, 31 & 32.

The following amendment was read and adopted:

Representatives Turnquest of the 73rd and Childers of the 13th move to amend SB 20 as follows:
P. 28 - paragraph (8) line 22 add after distributing the words disseminating informa tion on food.
P. 28 - paragraph (8) line 29 add intentional.

The Committee substitute, as amended, was adopted.

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

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

Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D N Brooks, T

Y Brown Y Buck Y Buckner N Bunn N 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

582

JOURNAL OF THE HOUSE,

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

N Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Y Johnson, D.H Y Johnson, E N Johnson, G Y Johnson, J Y Johnston
Y Jones N Joyce N Kaye N Kinnamon Y Klein Y Ladd N Lakly Y Lane, D Y Lane, R N Lawrence N Lawson

Y Lee N Lewis
Y Lord Y Lucas N Maddox N Mann Y Martin
Y McBee Y McClinton
McKinney Y Milam N Mills
Y Mobley, B N Mobley, J Y Moore Y Mosley Y Mueller
Y Oliver N O'Neal Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry N Pinholster N Poag

Y Polak Porter
E Poston Y Powell Y Purcell, A N Purcell, B Y Randall
Y Randolph Y Ray N Reaves Y Reichert
Roberts
Y Royal N Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkrield Y Skipper Y Smith, C N Smith, L Y Smith, P N Smith, T Y Smith, V
Smith, W Y Smyre Y Snow

Y Stancil, F N Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus
N Towery Y Trense Y Turnquest N Twiggs Y Vaughan
Y Walker N 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, as amended, the ayes were 129, nays 38.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Teague of the 58th 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 Williams of the 114th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Ladd of the 59th arose to a point of personal privilege and addressed the House.

Representative Joyce of the 1st arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 865. By Representative Chambless of the 163rd: A resolution commending the Georgia Medical Group Administrators.

HR 866. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Mr. Wally Fowler, Cherokee County's 1994 First Citizen of the Year.

HR 867. By Representative Pinholster of the 15th: A resolution commending Mr. Roy J. Cowart.

FRIDAY, FEBRUARY 4, 1994

583

HR 868. By Representative Crews of the 78th: A resolution commending Ms. Stacey Dobbs.

HR 869. By Representatives Bunn of the 74th and O'Neal of the 75th:
A resolution commending and honoring Edwards Middle School of Rockdale County.

HR 870. By Representatives Birdsong of the 123rd and Jenkins of the 110th: A resolution commending Mr. Bernard Robert Andrews, Jr.

HR 871. By Representatives Chandler of the 99th, Murphy of the 18th, Watts of the 26th, Cummings of the 27th, Bostick of the 165th and others:
A resolution recognizing Mr. Frank M. Winn on the occasion of his 100th birthday.

HR 872. By Representatives Smyre of the 136th, Murphy of the 18th, Buck of the 135th, Walker of the 141st, Lee of the 94th and others:
A resolution commending Chancellor H. Dean Propst.

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

584

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 7, 1994

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 Bargeron Barnes Bates Benefield Birdsong
Bordeaux Bostick Breedlove Brooks, D Brooks, T Brown Buck Buckner
Bunn Burkhalter Byrd Campbell Canty Carlisle Carrell Carter Cauthorn Chambless Chandler Channel! Childers

Clark Coker
Coleman, B Coleman, T Connell Cox Crawford Crews Culbreth
Cummings Davis, G Dickinson Dixon, H Dixon, S Ehrhart Epps Evans
Felton Floyd, J.M Floyd, J.VV Godbee Golden Goodwin Greene Groover Hammond Hanner Harris, B Harris, M Hart

Hembree Holland
Howard Hudson Hughes Hugley Irvin James Jenkins
Johnson, E Johnson, G Johnson, J Johnston Jones Kaye Kinnamon Klein
Ladd Lakly Lane, D Lane, R Lawrence Lawson Lee Lewis Lucas Maddox Mann Martin McBee

McClinlon Milam
Mills Mobley, B Mobley, J Moore Mosley Mueller Oliver
O'Neal Padgett Parham Parrish Patten Pelote Perry Pinholster
Polak Purcell, A Purcell, B Randolph Reaves Reichert Roberts Royal Shanahan Sherrill Shipp Simpson Sinkfield

Skipper Smith, C
Smith, L Smith. P Smith, T Smith, V Smith, W Stancil, F Stancil, S
Stanley, P Stephenson Streat Taylor Teague Teper Tillman Titus
Towery Trense Twiggs Vaughan Walker Wall Watson Watts Westmorland Williams, B Williams, R Yates Yeargin

The following members were off the floor of the House when the roll was called:
Representatives Poston of the 3rd, Heard of the 89th, Stanley of the 50th, Joyce of the 1st, Baker of the 70th, Powell of the 23rd, Jamieson of the 22nd, Hegstrom of the 66th, Davis of the 60th, Ray of the 128th, Johnson of the 148th, Orrock of the 56th, Turnquest of the 73rd, Scoggins of the 24th, Thomas of the 100th, Smyre of the 136th, Dix of the 76th and Henson of the 65th.
They wish to be recorded as present.

Prayer was offered by the Reverend Matthew M. Odum, Pastor, Garvin Temple Baptist Church, Savannah, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

MONDAY, FEBRUARY 7, 1994

585

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1660. By Representative Scoggins of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide that such board is authorized to expend federal community development block grant funds and other public funds and to participate in programs for the provision of certain facilities and of day care, senior citizens, mental health, emergency, and other services.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1661. By Representatives Williams of the 114th and Bannister of the 77th:
A bill to amend Code Section 33-23-26 of the Official Code of Georgia Anno tated, relating to an insurance agent's certificate of authority, so as to pro vide for prior written notice to be given to an agent when an insurer terminates the certificate of authority of such agent.
Referred to the Committee on Insurance.

HB 1662. By Representative Groover of the 125th:
A bill to amend Code Section 15-18-5 of the Official Code of Georgia Anno tated, relating to the appointment of a substitute for an absent or disquali fied district attorney, so as to provide that a senior district attorney may be appointed for such purpose; to provide that a senior district attorney may not serve in another public office.
Referred to the Committee on Judiciary.

HB 1665. By Representatives Clark of the 40th, Vaughan of the 34th, Pinholster of the 15th, Ehrhart of the 36th and Towery of the 30th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Author ity, so as to provide for findings of the General Assembly and legislative intent; to provide for qualifications for applicants and recipients of scholar ships and a contract setting out service in a public health facility as a condi tion for receipt of scholarships.
Referred to the Committee on University System of Georgia.

586

JOURNAL OF THE HOUSE,

HB 1666. By Representative Bordeaux of the 151st:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to change the name of the State Board of Examiners in Optometry; to change the provisions relating to qualifica tions for membership on such board; to change the requirements for certifi cation and registration necessary to engage in the practice of optometry.
Referred to the Committee on Health & Ecology.

HB 1667. By Representative Randall of the 127th:
A bill to amend Code Section 15-16-5 of the Official Code of Georgia Anno tated, relating to sheriffs' required bonds, so as to provide that bonds be con ditioned on the faithful accounting for all public and other funds or property coming into the sheriffs' or deputies' custody, control, care, or possession.
Referred to the Committee on Special Judiciary.

HB 1668. By Representatives Lakly of the 105th and Westmoreland of the 104th: A bill to create a court to be known as the State Court of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1669. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to provide for the re-creation of the board of elections of Fayette County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1670. By Representatives Coker of the 31st, Cauthorn of the 35th, Towery of the 30th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure of the probate courts, so as to change the provisions relative to population relating to addi tional courthouse location of probate court.
Referred to the Committee on Judiciary.

HB 1671. By Representatives Coker of the 31st, Cauthorn of the 35th, Towery of the 30th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to change the provisions relative to population relating to issuance of marriage licenses at satellite courthouses in certain counties.
Referred to the Committee on Judiciary.

HB 1672. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to provide procedures for the determination of appropriate gas supply plans for gas utilities and adjustment factors which shall be applicable to firm customers.
Referred to the Committee on Industry.

MONDAY, FEBRUARY 7, 1994

587

HB 1673. By Representatives Mobley of the 69th, Turnquest of the 73rd and Brooks of the 54th:
A bill to amend Code Section 17-7-93 of the Official Code of Georgia Anno tated, relating to reading of indictment or accusation and answer of the accused to the charge, so as to provide that the court shall inform the defendant of certain rights; to provide that the court shall inform the defendant of consequences of his or her plea.
Referred to the Committee on Judiciary.
HB 1674. By Representatives Coleman of the 80th, Lakly of the 105th, Godbee of the 145th, Smith of the 175th, Mobley of the 86th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for the "Community Education Act"; to provide for a short title and for defini tions; to provide for the receipt of funds and donations to develop and sup port community education programs.
Referred to the Committee on Education.
HB 1675. By Representatives Baker of the 70th, Teper of the 61st, Lawrence of the 64th, Walker of the 141st, Groover of the 125th and others:
A bill to amend Code Section 48-2-51 of the Official Code of Georgia Anno tated, relating to jeopardy tax assessments and related matters, so as to pro vide than any county tax commissioner or tax collector may make an immediate assessment of a taxpayer who gives evidence of leaving the taxing jurisdiction and may collect taxes or require a bond.
Referred to the Committee on Ways & Means.
HB 1678. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act creating the board of education of the Liberty County School District, so as to provide for the term of office of members elected at the special election in 1993.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1679. By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Liberty County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1680. By Representatives Stanley of the 49th, Stanley of the 50th, Bostick of the 165th, Smyre of the 136th and McClinton of the 68th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation due to judges of the probate courts, so as to provide for an additional fee to be charged for mar riage licenses; to provide for the deposit of such fees into the general trea sury; to provide a statement of legislative intent that such moneys be appropriated for distribution to family violence shelters.
Referred to the Committee on Judiciary.

588

JOURNAL OF THE HOUSE,

HB 1681. By Representatives Culbreth of the 132nd, Watts of the 26th and Smith of the 174th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Anno tated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to revise the definition of adverse underwrit ing decision; to repeal the definition of unauthorized insurer; to delete refer ences to agents in connection with adverse underwriting decisions.
Referred to the Committee on Insurance.

HB 1682. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating the White County Water and Sewerage Authority, so as to provide for a change in the membership of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1683. By Representative Cummings of the 27th:
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 Court Retirement Fund, so as to provide that a certain annual cost of living increase shall not be granted to persons becoming eligible to receive retire ment benefits on or after a certain date.
Referred to the Committee on Retirement.

HB 1684. By Representatives Birdsong of the 123rd, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th, Moore of the 113th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to provide that the Governor is authorized to order the Georgia National Guard to duty for the purpose of assisting federal, state, and local law enforcement agencies in drug law enforcement matters and for the purpose of delivering medical care to medically underserved areas.
Referred to the Committee on Defense & Veterans Affairs.

HR 859. By Representatives Twiggs of the 8th and Colwell of the 7th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to the Committee on State Institutions & Property.

HR 860. By Representatives Buckner of the 95th and Channel! of the lllth:
A resolution urging the Department of Natural Resources to develop and dis seminate to the public information relating to special hunts to reduce local ized overpopulation of deer.
Referred to the Committee on Game, Fish & Parks.

HR 861. By Representatives Twiggs of the 8th and Colwell of the 7th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 7, 1994

589

HR 864. By Representative Stanley of the 49th: A resolution compensating Ms. Sharman Millicent Meade.
Referred to the Committee on Appropriations.

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

HB 1636 HB 1637 HB 1638 HB 1639 HB 1640 HB 1641 HB 1642 HB 1643 HB 1644 HB 1645 HB 1646 HB 1647 HB 1648 HB 1649 HB 1650 HB 1651 HB 1652 HB 1653 HB 1654 HB 1655 HB 1656

HB 1657 HB 1658 HB 1659 HB 1663 HB 1664 HB 1676 HB 1677 HR 842 HR 843 HR 844 HR 848 HR 863 SB 441 SB 443 SB 448 SB 449 SB 455 SB 472 SB 487 SR 386 SR 395

Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1478 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1530 Do Pass, as Amended
Respectfully submitted, /s/ Lord of the 121st
Chairman

590

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 846 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:

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

HB 1583 Do Pass HB 1609 Do Pass HB 1614 Do Pass

HB 1625 Do Pass HB 1631 Do Pass HB 1633 Do Pass

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

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

HB 1583. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1609.

By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to change the provisions relating to the assessment, levy, and collection of an ad valorem tax by the mayor and aldermen on the real and personal property within 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 114, nays 0.

MONDAY, FEBRUARY 7, 1994

591

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

HB 1614.

By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the election of members of the board of education; to provide for education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1625.

By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Smyre of the 136th and others:
A bill to amend an Act further defining and prescribing the powers and duties of the Columbus Airport Commission, so as to provide for the appointment of airport commission police.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1631.

By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the clerk of the board of commis sioners; to provide for other matters relating to 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 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1633.

By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act providing for the appointment of the chief magistrate of the Magistrate Court of McDuffie County by the judges of superior court, so as to provide that the chief magistrate 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 114, nays 0.
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:

592

JOURNAL OF THE HOUSE,

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

SB 516. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to repeal an Act carrying into effect the provisions of the constitu tional amendment authorizing the General Assembly of Georgia to provide that the mayor and aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors.

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.

HB 1408.

By Representative Yeargin of the 90th:
A bill to amend an Act providing for a Board of Commissioners for the County of Elbert, so as to change certain powers of the county administrator.

HB 1490.

By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the solicitor of said court.

HB 1491.

By Representative Purcell of the 147th:
A bill to amend an Act creating the board of commissioners of Effingham County and providing for their election and defining the duties of said com missioners, so as to provide that the governing authority of Effingham County shall have authority to establish fines or periods of imprisonment, or both, in conformity with the laws of this state, as punishment for violations of ordinances and regulations.

HB 1494.

By Representatives Hegstrom of the 66th, Turnquest of the 73rd, Mobley of the 69th, Randolph of the 72nd, Polak of the 67th and others:
A bill to amend an Act authorizing and directing the chairman and board of commissioners of DeKalb County to create the DeKalb County Community Relations Commission, so as to change the provisions relating to the mem bership of the DeKalb County Community Relations Commission.

SB 406. By Senators Ralston of the 51st, Oliver of the 42nd, Edge of the 28th and Robinson of the 16th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Anno tated, relating to periods of suspension of drivers' licenses, so as to provide a period of suspension of the licenses of drivers under the age of 18 convicted of or pleading nolo contendere to driving under the influence of drugs or alcohol; to provide for applicability.

MONDAY, FEBRUARY 7, 1994

593

SB 461. By Senators Oliver of the 42nd, Hill of the 4th and Scott of the 36th:
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 open certain juvenile hearings to the public; to provide that certain delinquency hearings may be closed to the public; to provide that certain files and records of juve nile proceedings shall be open to inspection.

HB 1289.

By Representatives McKinney of the 51st, Holmes of the 53rd, Davis of the 48th, Stanley of the 50th, Stanley of the 49th and others:
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; and for other pur poses".

HB 158. By Representatives Floyd of the 138th and Cummings of the 27th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia 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.

HB 500. By Representatives Buck of the 135th and Floyd of the 138th:
A bill to amend Code Section 47-16-41 of the Official Code of Georgia Anno tated, relating to delayed application for membership in the Sheriffs' Retire ment Fund of Georgia, so as to provide that a sheriff who was a member of such fund and subsequently ceased being a member may, upon again becom ing a sheriff, apply for membership.

HB 804. By Representative Buckner of the 95th:
A bill to amend Article 6 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the District Attorneys' Retirement System, so as to provide for increased benefits for members retiring with more than 16 years of service.

HB 807. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit under the Employees' Retirement Sys tem of Georgia, so as to provide that certain employees of county hospital authorities who were transferred to state service by operation of law or by the action of a state agency shall be entitled to receive prior service credit for service rendered to such hospital authority.

HB 959. By Representative Reaves of the 178th:
A bill to amend Code Section 47-2-312 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System of Geor gia for employees of agricultural commodity commissions, so as to provide that certain such employees may obtain creditable service for certain prior service with such commissions.

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

594

JOURNAL OF THE HOUSE,

SB 170. By Senators Marable of the 52nd, Garner of the 30th, Henson of the 55th, Thompson of the 33rd and Edge of the 28th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance.

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

SB 406. By Senators Ralston of the 51st, Oliver of the 42nd, Edge of the 28th and Robinson of the 16th:
A bill to amend Code Section 40-5-63 of the Official Code of Georgia Anno tated, relating to periods of suspension of drivers' licenses, so as to provide a period of suspension of the licenses of drivers under the age of 18 convicted of or pleading nolo contendere to driving under the influence of drugs or alcohol; to provide for applicability.
Referred to the Committee on Judiciary.

SB 461. By Senators Oliver of the 42nd, Hill of the 4th and Scott of the 36th:
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 open certain juvenile hearings to the public; to provide that certain delinquency hearings may be closed to the public; to provide that certain files and records of juve nile proceedings shall be open to inspection.
Referred to the Committee on Judiciary.

SB 516. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to repeal an Act carrying into effect the provisions of the constitu tional amendment authorizing the General Assembly of Georgia to provide that the mayor and aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Hembree of the 98th moved to instruct the Committee on Rules to report the following Resolution of the House back to the House:

HR 130. By Representatives Hembree of the 98th, Lakly of the 105th, Johnston of the 81st, Maddox of the 108th, Crews of the 78th and others:
A resolution proposing an amendment to the Constitution so as to change the term of office for members of the General Assembly from two years to four years.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins N Bailey N Baker Y Bannister

E 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 N Buck N Buckner Y Bunn

Y Burkhalter
Byrd Y Campbell Y Canty N Carlisle

MONDAY, FEBRUARY 7, 1994

595

N Carrell N Carter
N Cauthorn N Chambless N Chandler N Channel! N Childers Y Clark Y Coker
Y Coleman, B N Coleman, T N Colwell N Connell NCox
Y Crawford Y Crews N Culbreth
N Cummings N Davis, G
Davis, M
Y Dickinsun Y Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps N Evans
Y Felton N Floyd, J.M N Floyd, J.VV

N Godbee Y Golden Y Goodwin N Greene N Groover
Hammond
N Hanner N Harris, B
Y Harris, M N Hart N Heard Y Hegstrom
Y Hembree N Henson N Holland N Holmes N Howard N Hudson
N Hughes N Hugley Y Irvin N James Y Jamieson
N Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G
Johnson, J Y Johnston
Jones Y Joyce

Y Kaye N Kinnamon Y Klein YLadd Y Lakly N Lane, D
Lane, R Y Lawrence Y Lawson N Lee Y Lewis
Lord N Lucas
Y Maddox Y Mann N Martin N McBee N McClinlon
N McKinney 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

On the motion, the ayes were 62, nays 105. The motion was lost.

N Parriah N Patten
Pelote N Perry Y Pinholster
NPoag N Polak Y Porter Y Poston N Powell
N Purcell, A Y Purcell, B E Randall N Randolph NRay N Reaves N Reichert
Y Roberts N Royal
Scoggins Y Shanahan N Sherrill Y Shipp
N Simpson N Sinkiield N Skipper Y Smith, C N Smith, L Y Smith, P
N Smith, T Y Smith, V

Y Smith, W N Smyre N Snow N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson N Streat N Taylor N Teague Y Teper N Thomas N Tillman N Titus Y Towery Y Trense 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

Representatives Byrd of the 170th, Lane of the 146th, Hammond of the 32nd and Scoggins of the 24th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative 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.

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

HR 873. By Representative Burkhalter of the 41st:
A resolution commending Mitch Skandalakis and inviting him to appear before the House of Representatives.

HR 876. By Representatives Parrish of the 144th, Walker of the 141st, Buck of the 135th, Chambless of the 163rd and Lee of the 94th:
A resolution recognizing The Paralympic Games and those athletes and medal winners who reside in Georgia and inviting them to the House of Rep resentatives.

HR 880. By Representatives Golden of the 177th, Reaves of the 178th and Patten of the 176th:
A resolution commending Ms. Vallye Blanton of Lowndes County and invit ing her to appear and be recognized before the House of Representatives.

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

596

JOURNAL OF THE HOUSE,

HR 846. By Representatives Twiggs of the 8th, Colwell of the 7th and Hanner of the 159th:
A resolution commending the Blue Ridge Mountain Electric Membership Corporation and inviting Superintendent Mike Kelley to appear before the House of Representatives.

Representative Channell of the lllth arose to a point of personal privilege and addressed the House.

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

HB 914. By Representative Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for the transaction of insurance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state; to revise requirements for additional surplus of newly admitted insurers and to require the maintenance of such surplus; 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 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for the transaction of insurance, is amended by striking Code Section 33-3-6, relating to requirements as to capital stock or surplus gener ally, and inserting in its place a new Code Section 33-3-6 to read as follows:
"33-3-6. (a) (1) On or after January 1-, i99i July 1^ 1994, to qualify for an original certificate of authority to transact one or more classes of insurance, an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital stock; if- a atock insurer, or in surplus; if a mutual er reciprocal insurer.
(2) Notwithstanding the requirements of paragraph (1) of this subsection, for the purposes ef- subsection {4} of Code Section 33-7-14, the minimum capital requirement of reinsurers approved by the Commissioner pursuant to Code Section 33-7-14 shall be $200,000.00. (b) As to surplus required for initial qualification to transact one kind of insurance and thereafter to be maintained, domestic mutual insurers shall be governed by Chapter 14 of this title and domestic reciprocal insurers shall be governed by Chapter 17 of this title. Hospital service nonprofit corporations and nonprofit medical service corporations shall be governed by Chapters 19 and 18 of this title, respectively. Farmers' mutual fire insurance companies shall be governed by Chapter 16 of this title. (c) Except as otherwise provided by law, the Commissioner may, in his the Commis sioner's discretion, grant an extension of up to two years to any insurer which has been issued a minimum of two successive certificates of authority prior to July 1, 1992, and is operating in a responsible financial manner to meet the requirements of this Code Sections 33 3-6 section and Code Section 33-3-7. The authority granted by this Code section to the Commissioner shall terminate on January 1, 1995."

MONDAY, FEBRUARY 7, 1994

597

Section 2. Said chapter is further amended by striking Code Section 33-3-7, relating to the requirement of surplus for new insurers, and inserting a new Code Section 33-3-7 to read as follows:
"33-3-7. (a) In addition to the minimum paid-in capital ef stock insurers or mini mum surplus of mutual and reciprocal insurers required by this title, an insurer shall possess when fest authorized in this state and thereafter maintain surplus or additional surplus equal to the larger of $1.5 million (stock, mutual, and reciprocal insurers) or 50 percent of its paid-in capital stock (if a stock insurer) or of its surplus (if a mutual or reciprocal insurer) otherwise required under Code Section 33-3-6 for the kinds of insur ance to be transacted.
(b) Except as otherwise provided by law, the Commissioner may, in his the Commis sioner's discretion, grant an extension of up to two years to any insurer which has been issued a minimum of two successive certificates of authority by any other state prior to July 1, 1992, and is operating in a responsible financial manner to meet the require ments of this Code section. The authority granted by this subsection to the Commis sioner shall terminate on January 1, 1995."
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
Bannister E Barfoot Y Bargeron Y Barnes
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 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 Y Dix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Golden
Y Goodwin
Y Greene Y Groover Y Hammond
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 Irvin
Y James Jamieson Jenkins Johnson, D.H
Y Johnson, E 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 Y Lee Y Lewis Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney 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 Y Polak Y Porter
Y Poston Powell
Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins
Y Shanahan Sherrill
Y Shipp Y Simpson
Y Sinkfield 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, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Y Thomas Y Tillman
Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall Y Watson
Y Watts Y Westmoreland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

598

JOURNAL OF THE HOUSE,

Representatives Jenkins of the 110th and Powell of the 23rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1361.

By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.

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

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister E Barfnot 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 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 Y Dix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
Epps Evans
Y Felton Y Floyd, J.M Y Floyd, J.VV Y Godbee Y Golden
Y 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
Hughes Y Hugley Y Irvin 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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Maddox YMann Y Martin Y McBee Y McClinton
McKinney 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
Porter Poston Y Powell Y Purcell, A
Y Purcell, B E Randall Y Randolph Y Ray Y Reaves Y Reicherl
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinktield
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, P
Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas Y Tillman
Titus Y Towery Y Trense
Y Turnquest Y Twiggs Y Vaughan
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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Poston of the 3rd and Epps of the 131st 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 1330.

By Representatives Martin of the 47th, Childers of the 13th, Murphy of the 18th and Jenkins of the 110th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to licensure by the Georgia Composite Board of Profes sional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide an exemption from licensure for certain additional counselors.

MONDAY, FEBRUARY 7, 1994

599

The following amendment was read and withdrawn:

The Committee on Health and Ecology moves to amend HB 1330 by striking the word "of on line 6 of page 2 and inserting in lieu thereof the phrase "on practice in.".

The following amendment was read and adopted:

Representatives Martin of the 47th, Childers of the 13th, Lee of the 94th and Connell of the 115th move to amend HB 1330 by striking all matter beginning with the word "Where" and ending with the word and symbol "chapter." on lines 27 through 32 of page 6 and inserting in lieu thereof the following:
"Persons exempt under this paragraph shall not use any title indicating or implying that they are licensed under this chapter."

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 E Barfoot Y Bargeron Y Barnes
Bates Y Benefield Y Birdson^ Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks. T Y Brown
N 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
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
Dix Y Dixon, H Y Dixon, S
Dobbs 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
Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J
Y Johnston Jones
Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
Y Lee Y Lewis
Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney 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 Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B E 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 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
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, as amended, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Poston of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

600

JOURNAL OF THE HOUSE,

HB 1455. By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd, Parham of the 122nd, Reaves of the 178th and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll deductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HB 1455 as follows:
By adding after "employees" on line 21 page 2:
"this provision shall not be interpreted to require the agency or State to provide the funds for any employee's dues or contributions."

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

N Ashe N Atkins Y Bailey Y Baker Y Bannister E Barfoot Y Bargeron Y Barnes
Bates Y Benelield Y Birdsong Y Bordeaux Y Boslick
Breedlove Brooks. D Y Brooks. T Y Brown
Y Buck Y Buckner Y- Bunn Y Burkhalter Y Byrd Y' Campbell Y Canty N Carlisle Y Carrell
N Carter Y Cauthorn N Chambless Y Chandler
Channel! Y Childers N Clark N Coker Y Coleman, B N Coleman. T

Colwell Y Connell YCox N Crawford
Crews Culbreth Y Cummings Y Davis, O N Davis. M N Dickinson N Dix Y Dixon, H N Dixon, S Y Dobbs N Ehrhart Y Epps N Evans Y Felton N Floyd, J.M Y Floyd, J.W
God bee
Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B N 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 Irvin 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 N Kaye Y Kinnamon Y Klein N Ladd N Lakly Y Lane, U
Y Lane, H N Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas N Maddox N Mann Y Martin
Y McBee Y McClinton Y McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J N Moore Y Mosley
Mueller Oliver O'Neal Y Orrock
Y Padgett Y Parham N Parrish Y Patten
Pelote Y Perry N Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell
Purcell, A Y Purcell, B E Randall Y Randolph
Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinktield Y Skipper

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

On the passage of the Bill, as amended, the ayes were 124, nays 34.
The Bill, having received the requisite constitutional majority, was passed, as amended.

MONDAY, FEBRUARY 7, 1994

601

Representatives Purcell of the 147th and Bates of the 179th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Johnston of the 81st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1363.

By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding special withholding requirements.

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

Y Ashe V Atkins Y Bailey Y Baker Y Biinnisler K Bartbol Y Bargeron Y Barnes Y Bates Y Benetiekl Y Birdsont:
Bordeaux Bostitk Y BreedloMY Brooks. 1) Y Brooks. '[' Y' Brown Y Buck Y Buckner Y Bunn Y Burkhalu-r Y Byrd Y CamplM'll Y Canty Carlisle Y Carrell Y' Carter Y Cauthorn Y Chambless Y' ("handle]1
Y Channell Y Childers Y Clark Y Coker Y Coleman. li Y Coleman. T

Culwel! Y Cunnell
Y Cox Y Crawi'ord Y' Crews
Y Culbreth Y Cummings Y Davis, G
Y Davis. M Y Dickinson Y Dix
Dixon. H Y Dixon. S Y Dohbs Y' Khrharl Y Kpps Y Evans
Y Felton Y Floyd, J.M Y Kloyd, J.\V Y Godbee Y Golden Y- Goodwill Y Greene Y Groover
Hammond Y Manner Y Harris. B Y Harris. M
Y Hart Y Heard Y Hegstnmi Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
ames amieson 'enkins ohnson, D.H ohnson, E ohnson, (I ohnson. -J
ohnstun
ones
'oyce
Cave Cinnamon Clein -.add .akly
,ne, D >ane, H
iwrenue .awson
-ewis ,rd
Aicas Y Maddox Y Mann Y Martin Y McHee Y McCliniiHi Y McKinnty Y Mi lam Y Mills

Y Mohlpv. B Y Mohley, J
Y Moore Y Mosley Y Mueller Y Oliver
O'Neal Y Orrock Y Padgett Y' Parham
Y Parrish Patten Pelote
Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B E Randall
Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y' Shipp Y Simpson
Y Sinklield Y Skipper

Y Smith. C Smith, L
Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Y Smyre Y' Snow
Y Stancil, K Y' Stancil, S Y Stanley, I. Y Stanley, P Y" StepheiiMHi Y Streat Y Taylor
Teague Y; Teper Y' Thomas 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' Y'eargin
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Kaye of the 37th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

602

JOURNAL OF THE HOUSE,

HB 1420.

By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed inter vivos.

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 K Barfoot Y' Baryeron Y' Barnes Y Bates Y Benet'ield Y Birdsong Y Bordeaux
Bostick Y Breeding. Y Brooks. U Y Brooks. T Y Brown
Y Buck Y Buckner Y Bunn Y' Burkhaller Y Byrd Y" CampbHI 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

Colwell Y Connell Y Cox Y Crawl'ord Y Crews Y Culbreth Y- Cummings Y Davis. G Y Davis. M Y" Dickinsun
Dix Y llmm. H Y Dixon, S
Dohhs Y' Khrhart Y Epps Y Evans Y FeltTM Y Floyd. J.M Y Kloyd. J.W Y' Godbee Y Golden Y- Goodwill Y' Greene Y Groover Y Hammond Y' Manner Y Harris, B Y Harris. M Y Hart Y Heard Y Heffstroni Y Hembree Y' Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y' .James Y .Jamieson Y" Jenkins
ohnson, U.H ohnson, E ohnson. G ohnson, J ohnston lones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Lakly Y Lane, D Y I.ane, K Y' Lawrence Y Lawson Y Lee Y Lewis Y Lord Lucas Y Maddox Y' Mann Y Martin Y McBee Y McClinton McKinney Y' Milam Y Mills

Y Mohley. 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, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reicherl Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper

Y Smith. C Y Smith, L Y Smith, P Y Smith. T Y Smith. V
Smith. VV Y 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 Y Tillman Y Titus Y- Towery Y- Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y WestmoIreland
White Williams. B Y Williams, H Y Yates Y" Yeargin Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0.

x

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

HB 1192.

By Representative Greene of the 158th:
A bill to amend Code Section 21-3-60 of the Official Code of Georgia Anno tated, relating to terms of municipal officers elected in 1989, 1990, 1991, and 1992 and offices with terms of four years or greater, so as to provide for terms of office of municipal officers who were elected in 1988 for terms of office of six years.

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

MONDAY, FEBRUARY 7, 1994

603

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister E Barfoot Y Bargeron Y Barnes Y Bates Y Benetiekl Y Birdson K Y Bordeaux
Y Bostick Y Breedlove Y Brooks. 1) Y Brooks. T Y Brown Y Buck Y Buckner
Y Bunn Y Burkhaltei Y Byrd Y Campbell
Y Canty Carlisle
Y Carreil
Y Carter Y Cauthorn
Y C'hambless 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. (, Y Davis. M
Y Dickinsun Y Dix
Dixon. H Y Dixon. S Y Dolibs
Y Ehrhart Y Epps
Y Evans Y Felton Y Floyd. J.M Y Floyd, J.\V
Y Godbee Y Golden Y' Goodwill 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- Irvin Y James Y .Jamieson
lenkins 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, 1) Y Lane, K Y Lawrence Y Lawson
Y Lee Y" Lewis Y Lord Y' Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinlon
McKinney Y Milam Y Mills

Y Mohley, bi Y Mobley, J Y Moore Y Mosley Y Mueller Y* Oliver Y O'Neal Y Orrock
Y Padgetl Y Parham Y Parrish Y Patten Y Pelote Y Perry Y' Pinholster Y Poag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B E Randall
Y Randolph Y Ray Y' Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan
Sherrill Y Shipp
Y Simpson Y Sinktield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y' Smith, V
Y Smith, W \' Smyre Y' Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley. P Y- Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas Yr Tillman Y Titus Y Towery Y Trense
Turnquest
Y Twiggs Y' Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams. B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Health and Ecology.

HB 1628.

By Representatives Cox of the 160th, Coleman of the 142nd, Streat of the 167th, Byrd of the 170th and Carreil of the 87th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for rural health networks; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to provide for immunity from antitrust laws.

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

HB 1429.

By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993.

The following amendment was read and adopted:

604

JOURNAL OF THE HOUSE,

Representative Teper of the 61st moves to amend HB 1429 as follows:
On page 13 line 29 after the word "churches," insert the word "synagogues," before the word "governmentally".

The following amendment was read and ruled out of order:

Representative Smith of the 109th moves to amend HB 1429 as follows:
Line 4 page 1 add after 1993:
To put into effect another federal unfunded mandate forced upon the states by another federal blackmail from Washington.

The following amendment was read:

Representative Felton of the 43rd moves to amend HB 1429 as follows:
Page 17, after "." on line 16 add:
(g) All voters shall show either a Ga. driver's license or a voter registration card at each election before voting.

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

Y Ashe Y Alkins
Bailey N Baker Y Bannister K Bartoot N Bargeron
N Barnes N Bates
Y Benelield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks. 1) N Brooks. T N Brown
Y Buck N Buckner
Y Bunn Y Burkhaitei
Byrd Y Campbell N Canty N Carlisle Y Carrell Y Carter N Cauthorn Y Chamhless
N Chandler N Channel! N Childers
Y Clark Y Coker
Y Coleman, li Y Coleman. 'I'

Colwell
N Connell NCox N Crawford Y' Crews
Culbreth Y Cummings N Davis, G
Davis, M N Dickinson Y Dix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart N Kpps Y Evans Y Felton Y Flovd, J.M N Floyd, J.\V
N Godbee N Golden N Goodwill
N Greene N Groover
N Hammond N Hanner
Harris. B Y Harris, M N Hart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

N Howard Y Hudson
N Hughes N Hugley Y Irvin N James
Jamieson N Jenkins N Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce Y Kaye
Kinnamon Y Klein Y Ladd Y Lakly N Lane, D
Lane, H Y Lawrence N Lawson Y Lee N Lewis Y Lord N Lucas
Y Maddox Y Mann N Martin N McBee N McClinton N McKinney
Milam Y Mills

N Mohley, B N Mobley, J Y Moore
Y Mosley Y Mueller Y Oliver N O'Neal
N Orrock N Padgett N Parham N Parrish Y Patten N Pelote N Perry Y Pinholsler Y Poag N Polak Y Porter N Poston Y Powell N Purcell, A Y Purcell, B E Randall N Randolph N Ray N Reaves
N Reichert N Roberts N Royal N Scoggins N Shanahan
Y Sherrill Y Shipp N Simpson
N Sinktield N Skipper

On the adoption of the amendment, the ayes were 70, nays 93. The amendment was lost.

N Smith. C
Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W
N Smyre N Snow N Stancil, F Y Stancil, S N Stanley, I.
N Stanley, P Y Stephenson N Streat N Taylor
N Teague N Teper N Thomas N Tillman Y 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
Williams, H Y Yates
Yeargin Murphy, Spkr

MONDAY, FEBRUARY 7, 1994

605

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

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

Y Howard Y Hudson N Hughes Y Hugley N Irvin Y" James N Jamieson N Jenkins
Y Johnson, D.H N Johnson, E N Johnson, G N Johnson, J N Johnston Y Jones N Joyce
N Kaye N Kinnamon N Klein N Ladd N Lakly N Lane, D N Lane, R N Lawrence Y Lawson NLee N Lewis YLord
Y Lucas N Maddox N Mann Y Martin Y McBee Y McClinton Y McKinney
Milam N Mills

Y Mobley, B N Mobley, J
N Moore N Mosley N Mueller N Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
N Patten Y Pelote N Perry N Pinholster N Poag Y Polak Y Porter
Y Poston N Powell N Purcell, A
Y Purcell, B E Randall
Y Randolph NRay N Reaves Y Reicherl Y Roberts N Royal Y Scoggins N Shanahan Y Sherrill N Shipp Y Simpson
Y Sinktield Y Skipper

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

On the passage of the Bill, as amended, the ayes were 74, nays 96. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representatives Milam of the 130th and Culbreth of the 132nd 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 Coleman of the 142nd and Parrish of the 144th stated that they inad vertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Holmes of the 53rd served 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 1429.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

606

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 877. By Representatives Porter of the 143rd, Jamieson of the 22nd, Harris of the 112th, Parham of the 122nd, Lane of the 55th and others:
A resolution recognizing May 17, 1994, as Bike-to-Work Day in Georgia.

HR 878. By Representatives Martin of the 47th, Coleman of the 142nd, Childers of the 13th, Lee of the 94th, Chambless of the 163rd and others:
A resolution recognizing "Health Care for Rural and Underserved Georgians Day".

HR 879. By Representative Greene of the 158th:
A resolution expressing regret at the passing of Honorable Ralph M. Balkcom, Sr.

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

HB 1322.

By Representatives Trense of the 44th, Sinkfield of the 57th, Campbell of the 42nd, Martin of the 47th and Ashe of the 46th:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that identified foster parents and child-placing agencies be given access to all records regarding children being considered for foster care place ment.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse and deprivation records, so as to provide that identified fos ter parents and child-placing agencies be given access to all records regarding children being considered for foster care placement; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to child abuse and deprivation records, is amended by striking subsection (a) of Code Section 49-5-41, relating to persons and agencies given access to records con cerning reports of child abuse, in its entirety and inserting in lieu thereof the following:
"(a) Notwithstanding Code Section 49-5-40, the following persons or agencies shall have reasonable access to such records concerning reports of child abuse:
(1) A legally mandated, public or private, child protective agency of this state or any other state bound by similar confidentiality provisions and requirements which is

MONDAY, FEBRUARY 7, 1994

607

investigating a report of known or suspected child abuse or treating a child or family which is the subject of a report or record;
(2) A court, by subpoena, upon its finding that access to such records may be nec essary for determination of an issue before such court; provided, however, that the court shall examine such record in camera, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then before it and the record is otherwise admissible under the rules of evidence;
(3) A grand jury by subpoena upon its determination that access to such records is necessary in the conduct of its official business;
(4) A district attorney of any judicial circuit in this state or any assistant district attorney who may seek such access in connection with official duty;
(5) Any adult who makes a report of suspected child abuse as required by Code Section 19-7-5, but such access shall include only notification regarding the child con cerning whom the report was made, shall disclose only whether the investigation by the department or governmental child protective agency of the reported abuse is ongoing or completed and, if completed, whether child abuse was confirmed or unconfirmed, and shall only be disclosed if requested by the person making the report;
(6) Any adult requesting information regarding investigations by the department or a governmental child protective agency regarding a deceased child when such per son specifies the identity of the child, but such access shall be limited to a disclosure regarding whether there is such an ongoing or completed investigation of such death and, if completed, whether child abuse was confirmed or unconfirmed;
(7) The State Personnel Board, by administrative subpoena, upon a finding by a State Personnel Board administrative hearing officer that access to such records may be necessary for a determination of an issue involving departmental personnel and that issue involves the conduct of such personnel in child related employment activi ties, provided that only those parts of the record relevant to the child related employ ment activities shall be disclosed. The name of any complainant or client shall not be identified or entered into the record;
(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 Chapter 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 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(A)(b)(4); and
\\TJ--Any roster psrcnt witft wnorn ft cniiu protective fluency fiss currcrnjiy pi seed f ts consiQcri'iig plflcing Q cnilu wno is not sucft roster psrent s DioiogiCQi of sdoptcci
such child; aftd (iO) (9) The Governor, the Attorney General, the Lieutenant Governor, or the
Speaker of the House of Representatives 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 dis closure 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(A)(b)(4)."
Section 2. Said article is further amended by adding at the end of Code Section 49-5-41, relating to persons and agencies permitted access to such records, a new subsec tion (d) to read as follows:

608

JOURNAL OF THE HOUSE,

"(d) Notwithstanding any other provision of law, any child-caring agency, child-plac ing agency, or identified foster parent shall have reasonable access to nonidentifying information from the placement or child protective services record compiled by any state department or agency having custody of a child with respect to any child who has been placed in the care or custody of such agency or foster parent or for whom foster care is being sought, excluding all documents obtained from outside sources which cannot be redisclosed under state or federal law. A department or agency shall respond to a request for access to a child's record within 14 days of receipt of such written request. Any child-caring agency, child-placing agency, or identified foster parent who is granted access to a child's record shall be subject to the penalties imposed by Code Section 49-5-44 for unauthorized access to or use of such records. Such record shall include reports of abuse of such child and the social history of the child and the child's family, the medical history of such child, including psychological or psychiatric evaluations, or educational records as allowed by state or federal law and any plan of care or placement plan developed by the department, provided that no identifying information is disclosed regarding such child."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1506.

By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd, Cauthorn of the 35th, Klein of the 39th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to creation of county boards of equalization, so as to provide for additional qualifications of members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, so as to provide for additional instructional requirements for members of county boards of equalization; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, is amended by striking paragraph (2) of sub section (b) and inserting in its place a new paragraph (2) to read as follows:
"(2) (A) Within the first year after Ms a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and pro cedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this paragraph subparagraph shall render him that mem ber ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled.
(B) No person shall be eligible to hear an appeal as a member of a board of equali zation on or after January 1^ 1995, unless prior to hearing such appeal, that person

MONDAY, FEBRUARY 7, 1994

609

shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of not less than 20 hours of instruction in appraisal and equali zation procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled."
Section 2. This Act shall become effective on January 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1481.

By Representatives Hughes of the 19th, Carrell of the 87th, Skipper of the 137th, Childers of the 13th, Williams of the 114th and others:
A bill to amend Code Section 49-2-2 of the Official Code of Georgia Anno tated, creating the Board of Human Resources, so as to prohibit certain lob byists from serving on that board and provide for vacancies thereon.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 1368.

By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to specify that proceeds of any lottery prize awarded by the Georgia Lottery Corporation are included within the taxable net income of taxable nonresidents.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 679. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd, Henson of the 65th, Baker of the 70th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the issuance of certain orders in certain domestic relations cases.

The following Committee substitute was read:

610

JOURNAL OF THE HOUSE,

A BILL
To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the issuance of certain orders in certain domestic relations cases; to provide for a definition; 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 1, which is currently reserved, and inserting in lieu thereof a new Chapter 1 to read as follows:
"CHAPTER 1
19-1-1. (a) As used in this Code section, the term 'domestic relations action' shall include any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an adoption proceeding filed in a superior court, any contempt proceeding relating to enforcement of a decree or order, a petition in respect to modification of a decree or order, an action on a foreign judgment based on alimony or child support, and adoption. The term 'domestic relations action' shall also include any direct or collateral attack on a judgment or order entered in any such action.
(b) Upon the filing of any domestic relations action, the court may issue a standing order in such action which:
(1) Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties;
(2) Enjoins and restrains the parties from causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court;
(3) Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and
(4) Enjoins and restrains each party from selling, encumbering, trading, contract ing to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Mobley of the 69th moves to amend the Committee substitute to HB 679 by adding preceding the semicolon on line 11 of page 2 the following:
", except in an emergency which has been created by the other party to the action".
By adding preceding the period on line 25 of page 2 the following:
"or except in an emergency which has been created by the other party to the action".

The following amendment was read:

Representative Groover of the 125th moves to amend the Committee substitute to HB 679 as follows:
Add as (5) on page line 25:

MONDAY, FEBRUARY 7, 1994

611

(5) Any injunction issued pursuant to such order shall be dissolved unless a hearing is held thereon in 15 days of its effective date.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins Y Bailey
Baker Y Bannister
E Barfoot Y Bargeron N Barnes Y Bates Y Benetield
Y Birdsunii Bordeaux
N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown Y Buck Y Buckner
N Bunn Y Burkhalter
YByrd N Campbell N Canty N Carlisle Y Carrell Y Carter
Cauthorn Y Chambless
Y Chandler Y Channel! Y Childers Y Clark N Coker Y Coleman, B Y Coleman, T

Y Colwell Y 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 Ehrhart N Epps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y God bee Y Golden
Goodwin N Greene Y Groover N Hammond
Manner Y Harris, B Y Harris, M
N Hart N Heard N Hegstrom N Hembree
Henson Y Holland
Holmes

N Howard Y Hudson
Hughes Hugley N Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein Y Ladd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis Lord Lucas Y Maddox YMann N Martin Y McBee N McClinton McKinney Y Milam Y Mills

N Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pinholstcr YPoag N Polak N Porter Y Poston
Powell Y Purcell, A Y Purcell, B E Randall N Randolph
Ray Reaves Y Reichert N Roberts Y Royal Scoggins Y Shanahan Y Sherrill Y Shipp Simpson N Sinkfield Y Skipper

On the adoption of the amendment, the ayes were 108, nays 41. The amendment was adopted.

N Smith. C Y Smith, L Y Smith, P Y Smith, T N Smith. V
Y Smith. VV Smyre
YSnow
Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat Taylor
Teague N Teper Y Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Y Twiggs N Vaughan
Y Walker Y Wall Y Watson Y Watts N Westmoreland
N White N Williams, B
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.

The following amendment was read and adopted:

Representative Reichert of the 126th moves to amend the Committee substitute to HB 679 as follows:
Add the word "unilaterally" on line 8 p. 2 at end of the line.

Representative Mobley of the 69th moved that further consideration of HB 679 be postponed until tomorrow.
The motion prevailed.

HB 1378.

By Representatives Clark of the 40th, Atkins of the 29th, Powell of the 23rd, Watson of the 139th, Chandler of the 99th and others:
A bill to amend Code Section 16-9-56 of the Official Code of Georgia Anno tated, relating to fraudulent attempts to obtain refunds, so as to change which information is prohibited from being given to obtain refunds.

612

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 16-9-56 of the Official Code of Georgia Annotated, relating to fraudulent attempts to obtain refunds, so as to change which information is prohibited from being given to obtain refunds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-9-56 of the Official Code of Georgia Annotated, relating to fraudulent attempts to obtain refunds, is amended by striking subsection (a) thereof and inserting in its place the following:
"(a) It shall be unlawful for any person knowingly to give a false or fictitious namez er address^ or telephone number as his that person's own or to give the namej er address2 or telephone number of any other person without that other person's knowledge and approval for the purpose of obtaining or attempting to obtain a refund for merchan dise returned to a business establishment or a refund on a ticket or other document which is evidence of a service purchased from a business establishment, which service is yet to be performed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister E Barfoot Y Bargeron Y Barnes Y Bates Y Benetield Y Birdsonfi Y Bordeaux Y Bostick
Breedlove Y Brooks. D
Brooks, T Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter
Y Bvrd Y Campbell
Y Canty N 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 Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
YEpps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
Y God bee Y Golden
Good win
Y Greene Y Groover Y Hammond Y Manner
Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

Y Howard
N Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson
Jenkins Y Johnson, D.H
Y Johnson, E 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 Y Lee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinUm
McKinney Y Milam Y Mills

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

Y Smith. C Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Smyre
Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas 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, the ayes were 155, nays 3.

MONDAY, FEBRUARY 7, 1994

613

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

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.

The Speaker Pro Tern assumed the Chair.

HB 1337.

By Representatives Birdsong of the 123rd, Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to the disposition of property seized by law enforcement agencies, so as to provide that any weapon the possession or car rying of which constitutes a crime or delinquent act shall be subject to forfei ture.

The following amendment was read and adopted:

The Committee on Public Safety moves to amend HB 1337 by adding on line 7 of page 3 between the word "device" and the word "shall" the following:
"2 after deducting the costs of the advertising and the sale,".

The following amendment was read:
Representative Ladd of the 59th moves to amend HB 1337 as follows: Pg. 3 line 3 after the word "be" add the words: "paid to the victim of such crime, if known, as restitution. If the victim is unknown, such excess proceeds shall be".
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 E Barfoot
Bargeron N Barnes
Bates N Benetield N Birdsong N Bordeaux N Bostick Y Breedliive Y Brooks. U N Brooks. T
Brown N Buck Y Buckner Y Bunn
Y Burkhalter N Byrd
Campbell Y Canty N Carlisle N Carrell

Carter N Cauthorn N Chambless Y Chandler N Channell N Childers Y Clark Y Coker
Y Coleman, B N Coleman, T N Colwell
Connell NCox Y Crawford Y Crews
Culbreth N Cummings N Davis, G Y Davis. M Y Dickinson YDix
Dixon, H Y Dixon, S
Dobbs Y Ehrhan
N Epps

Y Evans
Y Felton N Floyd, J.M N Floyd, J.W
Godbee N Golden Y' Goodwin N Greene N Groover N Hammond
Hanner Y Harris, B
Y Harris, M Y Hart N Heard Y Hegstrom Y Hembree N Henson N Holland
Holmes Howard N Hudson N Hughes N Hugley Y Irvin Y James

Jamieson N Jenkins
Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J
N Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein Y Ladd Y Lakly N Lane, D
Lane, R Y Lawrence Y" Lawson
N Lee Y Lewis
Lord
Lucas Y Maddox
Mann N Martin
N McBee

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

614

JOURNAL OF THE HOUSE,

E Randall N Randolph
NRay N Reaves N Reichert
Roberts N Royal
Scoggins N Shanahan N Sherrill

Shipp N Simpson Y Sinkfield
N Skipper Y Smith, C Y Smith, L N 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, P
Stephenson
N Streat Y Taylor
Teague

N Teper N Thomas Y Tillman
N Titus Towery
Y Trense Turnquest
N Twiggs Y Vaughan N Walker

N Wall N Watson N Watts Y Westmoreland Y White Y Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 59, nays 88. The amendment was lost.

The following amendment was read and adopted:

Representative Birdsong of the 123rd moves to amend HB 1337 by striking from line 6 of page 1 the word "sale" and inserting in lieu thereof the following:
"use, sale,".
By striking from line 25 of page 2 the words "either destroy the same" and inserting in lieu thereof the following:
"cither retain the device for use in law enforcement, destroy the same/'.

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 E Barfoot
Bargeron Y Barnes Y Bates Y Benetield 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, li 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 Ehrhart YEpps Y Evans Y Felton
Y Floyd, J.M Y Floyd, J.W
God bee Y Golden Y Goodwill Y Greene Y Groover N Hammond Y Hanner Y Harris, B Y Harris, M N Hart
Y Heard N Hegstrom Y Hembree Y Henson
Y Holland Y Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Ladd Y Lakly Y Lane, D
N Lane. H Y Lawrence Y Lawson YLee Y Lewis Y Lord Y Lucas Y Maddox
Mann Y Martin Y McBee N McClinton
McKinney 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 Y Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan
Y Sherrill Y Shipp Y Simpson Y Sinklield 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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

MONDAY, FEBRUARY 7, 1994

615

On the passage of the Bill, as amended, the ayes were 161, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1337 was ordered immediately transmitted to the Senate.

HB 1369. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Anno tated, relating to income tax withholding, so as to authorize the state revenue commissioner to promulgate regulations for withholding tax with respect to proceeds of certain lottery prizes.

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 E Barfoot
Bargeron Y Barnes Y Bates Y Benetield Y Birdsong
\ Bordeaux Y Bostick
N Breedlove Y Brooks. D Y Brooks. T Y" Brown Y Buck Y Buckner \' 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 Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Dickinson Y Dix
Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y7 Epps Y Evans
Felton Y Floyd, O.M Y Flovd, JAV
Godbee Y Golden Y Goodwin Y Greene Y Groover
Y Hammond Y' Hanner Y Harris, B
Y Harris, M Y Hart Y Heard
Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson N Hughes
Y Hugley Y Irvin Y James Y .lamieson Y Jenkins Y Johnson, D.H Y Johnson, E
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
Mann Y Martin Y McBee Y McChnton
McKinney Y Milam Y Mills

Y Mohley. B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
Y Orrock Y Padgetl Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y" Pinholster Y' Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
Y Ray Reaves
Y Reichert
Y Roberts Y Royal
Scoggins Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, VV
\' Smyre Y' Snow
Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y' Thomas Y Tillman Y Titus Y' Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts
Y Westmoreland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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.

616

JOURNAL OF THE HOUSE,

HB 1388.

By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd and Culbreth of the 132nd:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to provide an unem ployment tax amnesty program.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister E Barf'oot
Bargerun Y Barnes Y Bates Y Benefited Y Birdsong Y Bordeaux Y Bostick Y 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
Chamhless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman. 1) Y Culeman, T

Y Colwell Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrharl Y Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y' Goodwill Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M Y Hart Y Heard
Hegstrom Y7 Hembree
Henson Y Holland Y Holmes

Howard Y' Hudson Y Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamun Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence \ Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox
Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Mobley. H Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Orrock Y Padgett Y Farham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster Y Poag
Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph Y Ray
Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Shernll Y Shipp Y Simpson Y Sinktield 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, P Y Stephenson Y Streat Y" Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Trense Turnquest Twiggs Y Vaughan Walker Y Wall Y Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Davis of the 60th and Henson of the 65th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1199.

By Representatives Thomas of the 100th, Chambless of the 163rd, Simpson of the 101st and Lee of the 94th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to limits on contributions to candidates for pub lic office, so as to provide for limits on contributions to influence voter approval or rejection of proposed constitutional amendments, state-wide ref erenda, or proposed questions which are to appear on the ballot in any county or municipal election.

MONDAY, FEBRUARY 7, 1994

617

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:

V Ashe Y Atkins Y Bailey Y Baker Y Bannister E Barloot Y Bargeron Y Barnes
Bates Y Benefield Y Birdsons Y Bordeaux Y Bostick Y Breedlove Y Brooks. I) Y Brooks. '[' Y Brown Y Buck Y' Buckner Y Bonn Y Burkhaltei
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. 1) Y Coleman. T

Y Colwell Connell
Y Cox Y Crawiord Y Crews Y Culbreth Y Ctimmings
Davis. (. Y Davis. M Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans Y Felton Y Floyd. J.M Y Floyd. J.\V Y Godbee Y Golden Y" Goodwill Y Greene
Groover Y Hammond
Manner Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom Y' Hembree Y' Henson Y Holland Y Holmes

Howard Y Hudson Y Hughes Y Hugley
Irvin James Y' .Jamieson Y -Jenkins Y Johnson, D.H Y" Johnson, E 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. K Y" Lawrence Y Lawson Y Lee Y Lewis Lord Y Lucas Y Maddox Mann Y Martin Y McBee Y McClintoii McKinney Y Milam Y Mills

Y Mnhley. B Y Mobley. J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal Y Ofrock Y' Padgett Y Parharn Y Parrish Y Patten Y Pelote Y Perry Y Pinhoister Y Poae Y Polak Y Porter Y Poston Y Powell Y Purcell. A Y Purcell. B E Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Shernil Y' Shipp
Simpson Y' Sinklield Y" Skipper

Y Smith. C Y' Smith, L Y Smith, P Y Smith, T Y' Smith. V Y Smith, VV Y' Smyre Y' Snow Y Stancil, F Y' Stancil, S Y Stanley. L Y Stanley, 1' Y Stephenson Y' Streat Y Taylor
Teague Y Teper Y" Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Yaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams. B Y Williams. R Y Yates Y Y'eargin
Murphy. Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Howard of the 118th 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 1561.

By Representatives Dixon of the 150th, Bordeaux of the 151st, Buck of the 135th, Murphy of the 18th and Johnson of the 153rd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide an exemption with respect to the use of certain cargo containers and related chassis in intrastate or interstate commerce.

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

Ashe Y Atkins Y Bailey Y Baker

Y Bannister E Barfoot Y Bargeron Y Barnes

Y Bates Y Henelield Y Birdsong
Y Bordeatix

Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Broun Y Buck Y' But kne Y Bunn

618

JOURNAL OF THE HOUSE,

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 Y Davis, <i
Y Davis, M Y Dickinson
Y Dix Y Dixon, H Y Dixon, S
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
Groover
Y Hammond
Y Manner Y Harris, B Y Harris, M Y Hart Y Heard
Y Hegstrt.m Y Hembree
Y Henson
Y Holland
Holmes
Y Howard Y Hudson Y Hughes Y Hugley
Y Irvin ' Y James
Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E
Johnson, G
Y Johnson, J

Y Johnstim
Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd
Y Lakly
Y Lane, U
Y Lane, K
Y Lawrence Y Lawson Y Lee Y Lewis
Lord
Y Lucas Y Maddox
Y Mann
Y Martin
Y McBee
Y McClinton McKinney
Y Milam Y Mills
Y Mobley, B Y Mobley, J
Y Moore Mosley Mueller
Y Oliver
Y O'Neal
Orrock

Y Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Y Poag
Y Polak
Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall
Y Randolph Y Ray
Y Reaves
Y Reichert
Y Roberts
Y Royal Scoggins
Y Shanahan Sherrill
Y Shipp Simpson
Y Sinkfield Y Skipper Y Smith, C
Y Smith, L
Y Smith, H
Y Smith, T

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

On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1415.

By Representative Lane of the 55th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local governments, so as to change the standards under which audits of the financial affairs and transactions of certain local governments are con ducted.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HB 1415 as follows:
By adding on line 7 page 1 after "plans" the following: "to provide for withholding of grants for failure to comply,"
And by adding a new Section 6 between line 2 and 3 page 7 to read: "Section 6. No State agency shall make or transmit any state grant funds to any local government which has failed to provide all the audits required by law within the preceding five years."
And
By renumbering Section 6 as Section 7.

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:

MONDAY, FEBRUARY 7, 1994

619

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister E Barfoot Y Bargenm
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 Y 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
Coker Y Coleman, B
Y Coleman, T

Colwell Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart Y Epps N Evans Y Felton N 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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson N Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
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
Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinton
McKinney
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
Y Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
Y Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman N Titus Y Towery Y Trense
Y Turnquest N Twiggs Y Vaughan
Y Walker Y Wall
Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 157, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Kaye of the 37th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.

HB 1341. By Representative Streat of the 167th:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Anno tated, known as the "Structural Pest Control Act," so as to require each applicant for a license to operate a structural pest control business and each licensee seeking renewal of a license to submit a certificate of insurance cov erage to the State Structural Pest Control Commission showing that such business is insured against liability for damages to persons or property.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to require each applicant for a license to oper ate a structural pest control business and each licensee seeking renewal of a license to sub mit a certificate of insurance coverage to the State Structural Pest Control Commission showing that such business is insured against bodily injury and property damage claims and claims for pollution liability from certain causes; to provide for the amounts of cover age required; to provide that professional or business licenses shall not be issued to any business not complying with the insurance requirements; to provide for civil penalties and the enforcement thereof; to provide for negotiated settlements; to provide for practices and

620

JOURNAL OF THE HOUSE,

procedures; to provide for orders, hearings, notices and the service thereof, and actions; to provide for the disposition of penalties; to provide for other matters relating to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," is amended by adding at the end of Code Section 43-45-9, relating to examination for certification as an operator of a business of structural pest control, a new subsection (d) to read as follows:
"(d) Each applicant for a license shall submit with the application and each licensee shall submit at the time of renewal of the license a certificate of insurance verifying cov erage from an insurance company licensed to do business in this state. Such coverage shall be in the amount of not less than $50,000.00 per occurrence, with a minimum annual aggregate of $200,000.00 for all occurrences, and shall insure the licensee's busi ness against bodily injury and property damage claims. The insurance shall also cover claims for pollution liability caused by sudden and accidental discharge or release of pollutants. No license shall be issued or renewed and no business license shall be issued by a political subdivision pursuant to Code Section 43-45-15 until the insurance require ments of this subsection are met. Policies shall contain a cancellation provision whereby notification of cancellation is made to and received by the commission not less than 30 days prior to the cancellation."
Section 2. Said chapter is further amended by adding, following Code Section 43-45-24, a new Code Section 43-45-24.1 to read as follows:
"43-45-24.1. (a) Any licensee, operator, registered employee, or any other person vio lating this chapter, any rule or regulation of the commission or the Commissioner promulgated pursuant to this chapter, or any condition or limitation of any license or registration imposed pursuant to this chapter may be liable for a civil penalty of not more than $10,000.00 per violation. Such penalty may be imposed in addition to or in lieu of the suspension, cancellation, or revocation of a license, certification, or registra tion or any other enforcement action authorized by this chapter or any other provision of law. The consent of the entity or person against whom the penalty is to be imposed shall not be required for the imposition of such penalty.
(b) Whenever the Commissioner determines that any licensee, operator, registered employee, or any other person has violated this chapter, any rule or regulation of the commission or the Commissioner promulgated pursuant to this chapter, or any condition or limitation of any license or registration imposed pursuant to this chapter, the Com missioner may issue an administrative order imposing a civil penalty as provided in sub section (a) of this Code section for the violation without a hearing unless a person subject to the order petitions for a hearing. Any person who is aggrieved or adversely affected by such order shall, upon written petition within 10 days after the service of the order on such person, have a right to a hearing before a hearing officer appointed by the Commissioner. Failure to petition for a hearing within such time period shall con stitute a waiver of the right to a hearing. The order and notice shall be served in person by the Commissioner or the Commissioner's agent or by certified mail, return receipt requested. In the case of a licensee, operator, or registered employee, receipt of the order and notice will be conclusively presumed five days after the mailing of the order by cer tified mail, return receipt requested, to the address provided by such person in such person's most recent application. The order shall contain or be accompanied by a notice of opportunity for a hearing which states that a hearing must be petitioned for in writ ing within 10 days of the service of the order. If a hearing is petitioned for within such ten-day period, the administrative order is stayed pending a final decision by the hear ing officer. Upon receipt of a written petition for a hearing, the Commissioner shall schedule the hearing before a hearing officer appointed by the Commissioner, unless postponed by mutual consent, within 30 days of the receipt by the Commissioner of the petition. The Commissioner shall give the person petitioning for the hearing notice of the time and place of the hearing by certified mail to the address specified in the peti tion for a hearing at least 15 days prior to the date of the hearing. The hearing before

MONDAY, FEBRUARY 7, 1994

621

the hearing officer shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the commission or the Commissioner pursuant thereto. Any party to the hearing, including the Commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50.
(c) All civil penalties recovered by the Commissioner as provided in this Code section shall be paid into the state treasury.
(d) Informal disposition or settlement may be made of any contested case or action by stipulation, agreed settlement, consent order, or default.
(e) Except as otherwise provided in this Code section or by any other provision of this chapter, all proceedings under this Code section shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the commission and the Commissioner pursuant thereto.
(f) Any order of the hearing officer issued after a hearing as provided in this Code section or any order of the Commissioner issued pursuant to this Code section, either unappealed from as provided in this Code section or affirmed or modified on any review or appeal pursuant to this Code section, and from which no further review is taken or allowed under this Code section, may be filed, as unappealed from or as affirmed or modified, if reviewed or appealed, by certified copy from the Commissioner in the supe rior court of the county wherein such person under order resides, or if such person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, whereupon such superior court shall render judgment in accordance there with and notify the parties. Such judgment shall have the same effect, and all proceed ings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Chandler of the 99th was excused from voting on HB 1341.

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 E Barfoot
Y Bargeron Y Barnes Y Bates
Y Benetield Y Birdscmg 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
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 Ehrhart Y Epps

Y Evans
Y Felton Y Flovd, J.M Y Floyd, J.VV
Y Godbee Y Golden Y Goodwin
Y Greene Groover
Y Hammond Y Manner Y Harris, B Y Harris, M Y Hart Y Heard
Hegstrom
Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James

Y Jamieson Jenkins
Y Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, U Y Lane, K Y Lawrence
Lawson Y Lee Y Lewis
Y Lord Y Lucas
Y Maddox Mann
Y Martin
Y McBee

Y McClinton McKinney
Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver
Y O'Neal Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

622

JOURNAL OF THE HOUSE,

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

Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson
Y Streat Y Taylor
Teague

Y Teper Thomas
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, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 832. By Representatives Coker of the 31st, Smith of the 174th, Dixon of the 150th, Ray of the 128th, Jenkins of the 110th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the criminal offense of commission of a crime by a con victed felon through the use of a firearm.

Representative Groover of the 125th moved that HB 832 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey Y Baker
Bannister E Barfoot
Y Bargeron Y Barnes Y Bates Y Benetield Y Birdsong Y Bordeaux
Bostick N Breedlove N Brooks, U
Y Brooks, T Y Brown N Buck N Buckner N Bunn
N Burkhalter N Byrd
Campbell Y Canty Y Carlisle N Carrell N Carter Y Cauthorn Y Chambless N Chandler Y Channel! Y Childers N Clark N Coker
Coleman, B Coleman, T

Colwell Connell
Cox
N Crawford N Crews
N Culbreth Y Gumming^ Y Davis, G N Davis, M N Dickinson N Dix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans
N Felton Y Floyd, J.M Y Floyd, J.W Y Godbee N Golden N Goodwin
N Greene Y Groover Y Hammond N Hanner N Harris, B
N Harris, M Y Hart Y Heard Y Hegstrom N Hembree Y Henson Y Holland Y Holmes

N Howard Y Hudson Y Hughes Y Hugley N Irvin
Y James N Jamieson N Jenkins Y Johnson, D.H N Johnson, E
Johnson, G N Johnson, J
N Johnston Y Jones N Joyce
N Kaye N Kinnamon N Klein N Ladd N Lakly Y Lane, U N Lane, H N Lawrence
Lawson
N Lee Y Lewis Y Lord
Lucas N Maddox N Mann Y Martin Y McBee Y McClinton
McKinney N Milam N Mills

On the motion, the ayes were 80, nays 79. The motion prevailed.

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

N Smith. C
Y Smith, L Y Smith, P Y Smith. T N Smith, V N Smith, W Y Smyre
N Snow Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P N Stephenson Y' Streat Y Taylor
Teague N Teper
Y Thomas Y Tillman N Titus N Towery Y Trense Y Turnquest
Twiggs N Vaughan Y Walker N Wall Y Watson N Watts N Westmoreland Y White N Williams, B
Williams, R N Yates Y Yeargin
Murphy, Spkr

MONDAY, FEBRUARY 7, 1994

623

Representative Coker of the 31st moved that the House reconsider its action on tabling HB 832.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Y Howard N Hudson N Hughes N Hugley Y Irvin N James Y Jamieson
N Jenkins
N Johnson, D.H
Y' Johnson, E
Johnson, G
Y Johnson, J
N Johnston
Jones Y Joyce Y Kaye
Y Kinnamon
Y Klein Y Ladd Y Lakly N Lane, D Y Lane, K Y Lawrence Y Lawson Y Lee
N Lewis
N Lord N Lucas Y Maddox Y' Mann N Martin Y McBee
N McClinton McKinney
N Milam Y Mills

On the motion, the ayes were 83, nays 81. The motion prevailed.

N Moblev. B N Mobley, J
Y Moore
N Mosley Y Mueller N Oliver Y O'Neal Y Orrock Y Padgett N Parham
N Parrish
N Patten N Pelote
N Perry
Y Pinholster
Y Poag
N Polak
Y Porter
Poston Y Powell N Purcell, A
Y Purcell, B E Randall N Randolph N Ray Y Reaves N Reichert Y Roberts
N Royal
Scoggins N Shanahan Y Sherrill Y Shipp N Simpson
Sinkfield
N Skipper

Y Smith, C N Smith, L N Smith, P
N Smith, T
Y Smith, V
Y Smith, W
N Smyre
Y Snow N Stancil, F Y Slancil, S N Stanley, L
N Stanley, P
Y Stephenson
N Streat N Taylor
Teague Y Teper
N Thomas
N Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs
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

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.

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 \' Atkins Y Bailey N Baker
Bannister E Barfoot N Bargeron Y Barnes Y Bates N Benefield N Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks. D N Brooks. T N Brown

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

Y Coleman, B N Coleman, T
Colwell Connell Cox Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Dickinson Y Dix N Dixon, H Y Dixon, S Y Dobbs Y Ehrhart

N Epps Y Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee Y Golden Y Goodwin Y Greene N Groover Y Hammond Y Hanner Y Harris, B Y Harris, M N Hart N Heard N Hegstrom

Y Hembree Henson
Y Holland N Holmes Y Howard N Hudson Y Hughes N Hugley Y Irvin N James Y Jamieson N Jenkins N Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J Y Johnston

624

JOURNAL OF THE HOUSE,

Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, 1) Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis N Lord N Lucas Y Maddox Y Mann N Martin Y McBee

N McClinton McKinney
N Milam Y Mills N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller N Oliver Y O'Neal N Orrock Y Padgett N Parham N Parrish N Patten N Pelote N Perry Y Pinholster

Y Poaf N Polak Y Porter
Y Poston Y Powell N Purcell, A Y Purcell, B E Randall
Y Randolph N Ray Y Reaves N Reicherl Y Roberts N Royal
Scoggins
N Shanahan Y Sherrill Y Shipp
N Simpson

Sinkfield N Skipper Y Smith, C
Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snow
Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson N Streat N Taylor
Teague Y Teper

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

On the passage of the Bill, the ayes were 95, nays 64. The Bill, having received the requisite constitutional majority, was passed.

Representative Groover of the 125th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 832.

HB 572. By Representatives Martin of the 47th, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to the regulation of specialized land transactions, so as to pro vide for the suspension of services provided to a unit owner under certain circumstances.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the suspension of services provided to a unit owner under certain circumstances; to conform the provisions relating to liability for common expenses and how assessments are made relative to liens for assessments and notice and foreclosure of condominiums; to provide for disapproval of certain increases in monthly assessments; to provide for approval of amendments by mort gagees; to provide for amendments to conform condominium instruments to statutory requirements without vote of the unit owners; to clarify the personal obligations of unit owners for assessments; to provide for limitation of application of other statutory provi sions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Section 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking Code Section 44-3-76, relating to compliance of condominium instruments, and inserting in lieu thereof the following:
"44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, main tainable by the association or, in any proper case, by one or more aggrieved unit owners,

MONDAY, FEBRUARY 7, 1994

625

on their own behalf or as a class action. If and to the extent provided in the declaration condominium instruments, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the com mon elements in order to enforce such compliance; provided, however, that no such sus pension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instru ments, that unit owner's vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condo minium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice require ments imposed on the institutional providers providing such services to the condomin ium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility services shall not be required to be restored until the judgment or judgments are paid in full. All common expenses for termination of any services pursuant to this Code section shall be an assessment and a lien against the unit."
Section 2. Said chapter is further amended by striking subsection (f) of Code Section 44-3-80, relating to liability for common expenses and assessments, and inserting in lieu thereof the following:
"(f) In the event that the holder of a first priority mortgage or a secondary purchase money mortgage of record2 provided that neither the grantee nor any successor grantee on the secondary purchase money mortgage is the seller of the unit, or any other person acquires title to any condominium unit as a result of foreclosure of a f-H-st or secondary purchase money any such mortgage, such holder or other person and his successors, successors-in-title, and assigns shall not be liable for nor shall the condominium unit be subject to a lien for any assessment under this Code section or under any condominium instrument chargeable to the condominium unit on account of any period prior to the acquisition of title; provided, however, that the unpaid share of an assessment or assess ments shall be deemed to be common expenses collectable from all of the unit owners, including such holder or other person and his successors, successors-in-title, and assigns."
Section 3. Said chapter is further amended by striking paragraph (2) of subsection (g) of Code Section 44-3-80, relating to liability for common expenses and assessments, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Except fef the first year after rclinquishmcnt ef- control of the association by
tft excess OT a percentage equal to tnc annual rate of inflation as measured uy tnc oon* sumcr i rice index lor /\il uroan oonsumcrs tor tnc immediately preceding TX montn
fee increase in excess of the percentage equal to the annual rate of inflation as measured by the Consumer Price Index for All Urban Consumers for the immediately preceding 12 month period may be disapproved by unit owners holding a majority of the associa tion vote."
Section 4. Said chapter is further amended by striking subsection (c) of Code Section 44-3-82, relating to allocation of limited common elements, and inserting in lieu thereof the following:
"(c) A common element not previously assigned as a limited common element shall be so assigned only pursuant to the declaration. The amendment to the declaration mak ing such an assignment shall be prepared and executed by the association. The amend ment shall be delivered to the unit owner or owners to whose unit the assignment is being made attd upon payment by them of all reasonable costs for the preparation, exe cution, and recordation thereof. The amendment shall become effective after execution

626

JOURNAL OF THE HOUSE,

by the association and such unit owner or owners and recordation, and the recordation thereof shall be conclusive evidence that the method prescribed pursuant to the declara tion was adhered to. Unless otherwise required by the condominium instruments, no vote of the unit owners shall be necessary for the amendment provided in this Code sec tion to be executed by the association."
Section 5. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 44-3-93, relating to amendment of condominium instruments, and inserting in lieu thereof the following:
"(2) Except to the extent expressly permitted or required by other provisions of this article, from and after July 1, 1990, no amendment of a condominium instrument shall require approval of more than 86 percent ef th unit owners to which more than 80 per cent of the association vote pertains and the mortgagees ef units holding 80 percent ef the voting interest m the association holding 80 percent of the voting interest of mort gaged units; provided, however, that the provisions of any condominium instruments in effect on July 1, 1990, which provides provide for a majority in excess of 80 percent shall not be affected or modified by the provisions of this paragraph if by July 1, 1991, the association and those mortgagees permitted to vote on amendments vote voted by the majority required for an amendment as specified in the condominium instrument to retain the existing requirements for amendments; and provided, further, if no such vote by the required majority occurs occurred, those provisions requiring more than 80 per cent shall be deemed to require only 80 percent of the voting interest. The approval of any proposed amendment by a mortgagee shall be deemed implied and consented to if the mortgagee fails to submit a response to any written proposal for an amendment within 30 days after the mortgagee receives notice of the proposed amendment sent by certified or registered mail, return receipt requested. This paragraph shall not be deemed to eliminate or modify any right of the declarant provided for in the condomin ium instruments to approve amendments to the condominium instruments so long as the declarant owns any unit primarily for the purpose of sale and, furthermore, this para graph shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere in this article."
Section 6. Said chapter is further amended by striking subsection (d) of Code Sec tion 44-3-93, relating to amendment of condominium instruments, and inserting in lieu thereof the following:
"(d) Agreement of the required majority of unit owners to any amendment of the condominium instruments shall be evidenced, by their execution of the amendment. In the alternative, provided that the declarant does not then have the right to control the association pursuant to Code Section 44-3-101, the sworn statement of the president, of any vice-president, or of the secretary of the association attached to or incorporated in an amendment executed by the association, which sworn statement states unequivocally that agreement of the required majority was otherwise lawfully obtained and that any notices required under this article were properly given, shall be sufficient to evidence the required agreement. Any such amendment of the condominium instruments shall become effective only when recorded or at such later date as may be specified in the amendment itself."
Section 7. Said chapter is further amended by striking Code Section 44-3-103, relat ing to quorums and meetings of associations or boards, and inserting in lieu thereof the following:
"44-3-103. Unless the condominium instruments provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the condominium instruments specify a larger majority, a quorum shall be deemed present throughout any meeting of the board of directors if persons entitled to cast one-half of the votes in that body are present at the beginning ef seh meeting."
Section 8. Said chapter is further amended by striking subsection (c) of Code Section 44-3-106, relating to powers and responsibilities of the association, and inserting in lieu thereof the following:

MONDAY, FEBRUARY 7, 1994

627

"(c) The association shall have the power to amend the condominium instruments, the articles of incorporation, and the bylaws of the association or any of them in such respects as may be required to conform to mandatory provisions of this article; te or of any other applicable law; er te the declaration without a vote of the unit owners."
Section 9. Said chapter is further amended by striking subsections (a) and (b) of Code Section 44-3-109, relating to the lien for assessments, and inserting in lieu thereof the following:
"(a) All sums lawfully assessed by the association against any unit owner or condo minium unit, whether for the share of the common expenses pertaining to that condo minium unit, for fines, or otherwise, and all reasonable charges made to any unit owner or condominium unit for materials furnished or services rendered by the association at the owner's request to or on behalf of the unit owner or condominium unit, shall, from the time the same become due and payable, be the personal obligation of the unit owner and constitute a lien in favor of the association on the condominium unit prior and superior to all other liens whatsoever except:
(1) Liens for ad valorem taxes on the condominium unit; (2) The lien of any first priority mortgage covering the unit and the lien of any mortgage recorded prior to the recording of the declaration; (3) The lessor's lien provided for in Code Section 44-3-86; and (4) The lien of any secondary purchase money mortgage covering the unit, pro vided that neither the grantee nor any successor grantee on the mortgage is the seller of the unit. The recording of the declaration pursuant to this article shall constitute record notice of the existence of the lien, and no further recordation of any claim of lien for assess ments shall be required. (b) To the extent that the condominium instruments provide, the personal obligation of the unit owner and the lien for assessments shall also include: (1) A late or delinquency charge not in excess of the greater of $10.00 or 10 per cent of the amount of each assessment or installment thereof not paid when due; (2) At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable; (3) The costs of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and (4) The fair rental value of the condominium unit from the time of the institution of an action until the sale of the condominium at foreclosure or until the judgment rendered in the action is otherwise satisfied."
Section 10. Said chapter is further amended by striking Code Section 44-3-116, relating to limitations in certain restrictive covenants inapplicable, and inserting in lieu thereof the following:
"44-3-116. The limitations provided in subsection (b) and in paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any condominium instrument created pursuant to this article."
Section 11. All laws and parts of laws in conflict with this act are repealed.

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

Y Ashe Y Atkins Y Bailey Y Baker

Y Bannister E Barfoot Y Bargeron
Barnes

Bates Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Y Brown Y Buck Y Buckner Y Bunn

628
Y Burkhalter Y Byrd
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 Connell YCox Y Crawf'ord 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 Ehrhart Y Epps

JOURNAL OF THE HOUSE,

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
Irvin Y James Y Jamieson
Jenkins Y Johnson, D.H
Johnson, E Johnson, G 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 Y Lord
Y Lucas Y Maddox YMann Y Martin Y McBee
Y McClinton Y McKinney 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, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts
Y Royal Scoggins
Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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, K Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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

HR 845. By Representatives Floyd of the 138th and Walker of the 141st:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Mr. Jack Hamilton, Mr. Reginald Barry, Mr. Zack Wade, and Ms. Ovis Stephens and inviting them to appear and be recognized before the House of Representatives.

The following Resolutions of the House were read and adopted:

MONDAY, FEBRUARY 7, 1994

629

HR 881. By Representatives Teague of the 58th, Dixon of the 168th, Stanley of the 50th, Sinkfield of the 57th and Brooks of the 54th:
A resolution commending Evander Holyfield, and Undisputed Heavyweight Champion of the World.

HR 882. By Representatives Coleman of the 142nd, Stancil of the 91st, Lucas of the 124th, Trense of the 44th and Randolph of the 72nd:
A resolution recognizing and commending the Georgia Council on Aging.

HR 883. By Representatives Coleman of the 142nd and Watson of the 139th: A resolution commending the Atlanta Knights hockey team.

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

630

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 8, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. F. Hugh Kirby, Pastor, First Baptist Church, Hartwell, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1685. By Representative Byrd of the 170th: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemp tion of income taxes, so as to provide a tax credit for certain builders and owners of private residences which are constructed or renovated in conform ity with certain standards of accessibility for handicapped persons.
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 8, 1994

631

HB 1686. By Representative Childers of the 13th:
A bill to amend Code Section 34-8-194 of the Official Code of Georgia Anno tated, relating to the grounds for disqualification of unemployment compen sation benefits, so as to provide that terminal leave pay, severance pay, separation pay, or dismissal payments or wages paid to an employee as an incentive for early retirement shall not affect entitlement to unemployment compensation.
Referred to the Committee on Industrial Relations.

HB 1687. By Representative Cauthorn of the 35th:
A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Anno tated, relating to appeal or certiorari by the state in criminal cases, so as to provide for the right of the state to a direct appeal in certain delinquency cases.
Referred to the Committee on Judiciary.

HB 1688. By Representative Greene of the 158th:
A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the qualifications of mem bers of the board; to change the provisions relating to compensation.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1689. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that an insurer may not refuse to renew a policy of automobile or motorcycle insurance because of accidents not the fault of the covered driver or uninsured motorist claims or for certain other reasons.
Referred to the Committee on Insurance.

HB 1690. By Representative Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the Divi sion of Master Plumbers and Journeyman Plumbers to require continuing education for renewal of master plumber licenses.
Referred to the Committee on Industry.

HB 1691. By Representatives Greene of the 158th and Cox of the 160th:
A bill to amend an Act reconstituting the Board of Education of Early County, so as to change the provisions relating to the qualifications of mem bers of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1692. By Representative Parrish of the 144th:
A bill to amend an Act to fix the compensation of the members of the Board of Education of Johnson County, so as to change the compensation of the chairman of such boards.
Referred to the Committee on State Planning & Community Affairs - Local.

632

JOURNAL OF THE HOUSE,

HB 1693. By Representatives Harris of the 112th and Murphy of the 18th:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Anno tated, relating to ineligibility of county tax assessors to hold other offices, so as to prohibit certain appraisers from serving as members of the county board of tax assessors once such appraisers cease to serve as appraisers.
Referred to the Committee on Ways & Means.

HB 1694. By Representative Hammond of the 32nd:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the administration of coordination, reflex, and agility tests for persons who are suspected of driving under the influence of drugs or alcohol; to provide for informed consent; to provide for disclosure of written evaluations or test scores.
Referred to the Committee on Judiciary.

HB 1695. By Representative Hammond of the 32nd:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for speedy trials; to provide for waiver of speedy trials; to provide for acquittal; to provide that these provisions shall not affect the rights of individuals afforded by law or constitution.
Referred to the Committee on Judiciary.

HB 1696. By Representative Cauthorn of the 35th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for the monetary jurisdiction of civil cases in magistrate courts to be set at $7,500.00.
Referred to the Committee on Judiciary.

HB 1697. By Representative Hammond of the 32nd:
A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Annotated, relating to entry of plea of nolo contendere in driving under the influence offenses, so as to provide for a one time plea of nolo contendere; to provide that special pleas from other jurisdictions shall be considered pleas of nolo contendere.
Referred to the Committee on Judiciary.

HB 1698. By Representatives Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators of serious traffic offenses, so as to change the lookback period for previous offenses from five to ten years; to amend Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, so as to change the lookback period for previous offenses from five to ten years.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 8, 1994

633

HB 1699. By Representative Hammond of the 32nd:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of driver's licenses, so as to provide for the restoration of driver's license privi leges; to provide for a period of suspension in certain cases; to provide for notice of suspension.
Referred to the Committee on Judiciary.
HB 1700. By Representatives Parrish of the 144th, Parham of the 122nd, Twiggs of the 8th, Connell of the 115th, Hudson of the 156th and others:
A bill to amend Chapter 3 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of drugs and cosmet ics, so as to amend a short title; to provide for a free market health system; to provide for a short title; to provide for legislative intent; to provide for the prohibition against certain government purchases.
Referred to the Committee on Health & Ecology.
HB 1701. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for crime-free schools; to provide for a short title.
Referred to the Committee on Education.
HB 1702. By Representatives Godbee of the 145th, Purcell of the 147th, White of the 161st, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Code Section 20-2-1010 of the Official Code of Georgia Annotated, relating to state board authority to prescribe textbooks, so as to provide for state board authority to regulate the definition of the term "text book" to include systematically designed material in any medium within that definition.
Referred to the Committee on Education.

HB 1703. By Representatives Bannister of the 77th, Breedlove of the 85th, Coleman of the 80th, Johnston of the 81st, Dickinson of the 83rd and others:
A bill to amend Chapter 4 of Title 6 of the Official Code of Georgia Anno tated, the "Georgia Airport Development Authority Law," so as to change the membership of such authority; to change certain provisions regarding the exercise of certain powers of such authority; to provide for additional requirements in each county of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Transportation.
HB 1704. By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain solid waste facilities.
Referred to the Committee on Ways & Means.

634

JOURNAL OF THE HOUSE,

HB 1705. By Representatives Purcell of the 147th, Benefield of the 96th, Reaves of the 178th, Royal of the 164th, Hanner of the 159th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to establish the Natural Disaster Relief Fund; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to such fund.
Referred to the Committee on State Planning & Community Affairs.

HB 1706. By Representatives Crawford of the 129th, Reaves of the 178th and Smith of the 174th:
A bill to amend Chapter 1 of Title 22 of the Official Code of Georgia Anno tated, relating to general provisions relative to eminent domain, so as to pro vide for condemnation only when a showing is made that the property is needed for a specific purpose; to provide what losses and costs shall be com pensated.
Referred to the Committee on Judiciary.

HB 1707. By Representative Stephenson of the 25th:
A bill to amend Chapter 4 of Title 6 of the Official Code of Georgia Anno tated, the "Georgia Airport Development Authority Law," so as to provide that such authority shall not construct a certain type of airport without the approval of the governing authority of each political subdivision in which the airport is to be located.
Referred to the Committee on Transportation.

HB 1708. By Representative Stephenson of the 25th:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Anno tated, relating to the dissemination of records of the Georgia Crime Informa tion Center, so as to allow public access to centralized conviction and other records maintained by the state.
Referred to the Committee on Public Safety.

HB 1709. By Representative Powell of the 23rd:
A bill to amend Code Section 40-11-9 of the Official Code of Georgia Anno tated, relating to derelict motor vehicles, so as to provide for an additional method of determining the value of a derelict vehicle.
Referred to the Committee on Motor Vehicles.

HB 1710. By Representative Coleman of the 142nd:
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 supe rior courts, judges of the probate courts, and sheriffs; to change the popula tion brackets for such salaries.
Referred to the Committee on Appropriations.

HB 1711. By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act providing for the Tift County Board of Ed so as to provide for the composition of the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 8, 1994

635

HB 1712. By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Tift County, so as to change the composition of commissioner districts from which mem bers of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 874. By Representatives Chandler of the 99th, Barnes of the 33rd, Hammond of the 32nd, Harris of the 112th, Mosley of the 171st and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for limitations upon the expenditure of certain public funds and for limitations upon the rate of increase of the ad valorem tax millage rate and value of property for certain purposes.
Referred to the Committee on Ways & Means.

HR 875. By Representatives Parrish of the 144th, Trense of the 44th, Martin of the 47th, Sinkfield of the 57th and Childers of the 13th:
A resolution creating the Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care.
Referred to the Committee on Rules.

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

HB 1726. By Representatives Groover of the 125th and Murphy of the 18th:
A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum and gas pipelines, so as to pro vide for legislative findings; to create the Petroleum Pipeline Study Commit tee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines.
Referred to the Committee on Judiciary.

HB 1727. By Representatives Chambless of the 163rd, Thomas of the 100th, Bostick of the 165th and Hammond of the 32nd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Securities Act of 1973," so as to change a definition; to provide that the state may participate in a new electronic filing system; to provide that supervisors may be held culpable for the criminal acts of their agents; to provide an exception.
Referred to the Committee on Judiciary.

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

HB 1660 HB 1661 HB 1662 HB 1665 HB 1666

HB 1667 HB 1668 HB 1669 HB 1670 HB 1671

636

JOURNAL OF THE HOUSE,

HB 1672 HB 1673 HB 1674 HB 1675 HB 1678 HB 1679 HB 1680 HB 1681 HB 1682

HB 1683 HB 1684 HR 859 HR 860 HR 861 HR 864 SB 406 SB 461 SB 516

Representative Oliver of the 154th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1636 Do Pass, as Amended
Respectfully submitted, /s/ Oliver of the 154th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1552 Do Pass, by Substitute
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Manner 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1651 Do Pass HR 860 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

TUESDAY, FEBRUARY 8, 1994

637

Mr. Speaker:

Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 633 Do Pass, by Substitute HB 763 Do Pass

HB 1019 Do Pass, by Substitute HB 1576 Do Pass

Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:

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

HR 821 Do Pass HR 822 Do Pass

HR 858 Do Pass HR 862 Do Pass

Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Jenkins of the 110th District, Vice-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 1400 Do Pass HB 1475 Do Pass

HB 1584 Do Pass SB 462 Do Pass

Respectfully submitted, /s/ Jenkins of the 110th
Vice-Chairman

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

Mr. Speaker:

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

HB 862 Do Pass, by Substitute HB 715 Do Pass, by Substitute HB 1416 Do Pass, by Substitute

HB 1514 Do Pass HB 1551 Do Pass, by Substitute HB 1613 Do Pass

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

638

JOURNAL OF THE HOUSE,

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

Mr. Speaker:

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

HB 1485 Do Pass HB 1638 Do Pass HB 1650 Do Pass

HB 1652 Do Pass SB 212 Do Pass, by Substitute

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

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

HB 1485.

By Representatives Irvin of the 45th, Lane of the 55th, Felton of the 43rd, Holmes of the 53rd, Teague of the 58th and others:
A bill to amend an Act completely and exhaustively revising the laws per taining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to regulate the receipt and investi gation of complaints or information from county employees concerning fraud, waste, and abuse in or relating to any county programs or operations.

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

HB 1638.

By Representative Brooks of the 103rd:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the qualifications for members of the authority; to provide that a majority of the members of the authority shall be users of the facili ties of the authority.

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

HB 1650.

By Representatives Shipp of the 38th, Atkins of the 29th, Hammond of the 32nd, Klein of the 39th, Vaughan of the 34th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to adopt an official map of the corporate limits of the City of Acworth and to confirm the corporate boundaries of the City of Acworth.

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

SB 212. By Senator Egan of the 40th:
A bill to amend an Act creating a State Court of Fulton County by consoli dation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors.

TUESDAY, FEBRUARY 8, 1994

639

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial addi tional judge and the election of successors; to provide for terms of office of said additional judge and successors to such judge; to provide for the powers and privileges of said addi tional judge; to provide for the compensation and expenses of said additional judge; to provide for other matters relative thereto; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a State Court of Fulton County by consolidation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, is amended by adding at the end of subsection (b) of Section 6 a new paragraph to read as follows:
"An additional judge is added to the State Court of Fulton County, thereby increasing to nine the number of judges of said court. Such judge shall be appointed by the Gover nor for a term beginning January 1, 1995, and expiring December 31, 1996, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the state courts of this state at the general election in November, 1996, for a term of four years beginning on January 1, 1997, and until the election and qualification of a successor. Successors shall be elected at the general election in the year in which their respective terms of office expire and shall serve for terms of four years and until their successors are elected and quali fied. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the state courts of this state. Said additional judge shall have and may exer cise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the State Court of Fulton County. The compensation, salary, and contingent expense allowances of said additional judge shall be the same as that of the other judges of the State Court of Fulton County. Any salary supplements heretofore enacted by Ful ton County shall also be applicable to the additional judge provided for in this Act."
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.

HB 1652.

By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $8,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 62 years of age or over in 1994.

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

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.

640

JOURNAL OF THE HOUSE,

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benetield
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
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
Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps
Y Evans Y Felton Y Floyd, J.M Y Flovd, J.W
Godbee Golden Y 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

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin
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 Y Lee Y Lewis Y Lord Y Lucas
Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney 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 Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter E Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill
Y Shipp Simpson
Y Sinklield 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
Thomas 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
Yates Y Yeargin
Murphy, Spkr

On the passage of the Bills, the ayes were 151, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 584. By Senators Thompson of the 33rd and Isakson of the 21st:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain dates with respect to the levying of ad valorem taxes and notifying of collecting governing bodies.

SB 585. By Senators Burton of the 5th, Balfour of the 9th, Tysinger of the 41st, Day of the 48th and Newbill of the 56th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, as amended, so as to change the provisions relating to jurisdiction of the court; to provide for no jury trials; to provide for the judge's qualifications; to provide for the judge's salary; to change the provisions relating to punish ment.

TUESDAY, FEBRUARY 8, 1994

641

SB 464. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th and Ray of the 19th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide for definitions; to require that certain recipients of public assistance partici pate in the Work for Welfare Program; to provide for exemptions; to provide for income tax consequences; to provide for effective dates.
SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for findings of the General Assem bly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommenda tions and an annual report.
SB 546. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Annotated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of commencement to a subcontractor, materialman, or person who makes a written request for such notice; to provide that such notice shall be given by the contractor.
SB 433. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd:
A bill to amend Code Section 19-12-1 of the Official Code of Georgia Anno tated, relating to the petition for name change and consent of a minor's par ents or guardian, so as to provide that the written consent of a parent shall not be required if the parent has not contributed to the support of the child for a period of one year or longer immediately preceding the filing of the petition.
SB 442. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care cen ters, so as to provide for preliminary records check determinations in addi tion to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; to provide an effec tive date.
SB 452. By Senator Broun of the 46th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount.
SB 465. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to protective orders and consent agreements in family violence cases, so as to provide that upon a showing of good cause, the court may extend an initial six-month protective order for a second six-month period; to provide for motions and hearings to convert temporary orders into perma nent orders.

642

JOURNAL OF THE HOUSE,

SB 466. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable, procedures, and schedule of bails, so as to remove acts of family violence or violations of protective orders or consent orders relating to acts of family violence from schedules of bails.

SB 467. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th:
A bill to amend Code Section 19-3-3 of the Official Code of Georgia Anno tated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition.

SB 514. By Senators Coleman of the 1st, Thompson of the 33rd, Alien of the 2nd and Kemp of the 3rd:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehi cles, so as to provide that in the case of a motor vehicle or trailer, a transac tion shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

SB 518. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of driv ers' licenses, so as to change the provisions relating to instruction permits and temporary licenses; to change the provisions relating to who may apply for such instruction permits or temporary licenses.

SB 525. By Senators Dean of the 31st, Broun of the 46th and Brown of the 26th:
A bill to amend Code Section 12-3-524 of the Official Code of Georgia Anno tated, relating to the general powers of the Georgia Music Hall of Fame Authority, so as to authorize the authority to incorporate one or more non profit corporations as subsidiary corporations of the authority for the pur pose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority.

SB 536. By Senators Scott of the 36th, Broun of the 46th and Coleman of the 1st:
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 provide that a written statement setting forth the time period during which a guest may occupy an assigned room when signed or initialed by the guest shall be a valid and enforceable contract; to provide an effective date.

SB 551. By Senator Broun of the 46th:
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 for the qualifications of persons desiring to run for sheriff; to provide for attendance of peace officers' training courses.

TUESDAY, FEBRUARY 8, 1994

643

HB 1179. By Representative Lane of the 55th:
A bill to amend Code Section 36-42-4 of the Official Code of Georgia Anno tated, relating to Downtown Development Authority directors, so as to change the length of the term of the directors of such authorities.

HB 1208. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
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 Gen eral Assembly amending the Official Code of Georgia Annotated.

HB 1218. By Representatives Thomas of the 100th, Bostick of the 165th 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 1219. By Representatives Thomas of the 100th, Bostick of the 165th, Chambless of the 163rd and Hammond of the 32nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated.

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

SR 426. By Senator Bowen of the 13th:
A resolution recognizing the Georgia State Cotton Museum and Dooly County Welcome Center as the state's official Cotton Museum.

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

SB 149. By Senator Abernathy of the 38th:
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 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 classifica tion "multiracial" on all school forms requesting information on racial identi fication.

The Senate has agreed to the House amendment to the following Bill of the Senate:

644

JOURNAL OF THE HOUSE,

SB 199. By Senators Ragan of the llth, Bowen of the 13th, Hooks of the 14th, Burton of the 5th, Blitch of the 7th and others:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Anno tated, relating to definitions affecting the regulation of the profession of optometry, so as to provide for the use of certain pharmaceutical agents by doctors of optometry.

The Senate has adopted the report of the Committee of Conference on the following Bill of the House:

HB 1296.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1993-1994 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1993-1994.

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

SB 433. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd:
A bill to amend Code Section 19-12-1 of the Official Code of Georgia Anno tated, relating to the petition for name change and consent of a minor's par ents or guardian, so as to provide that the written consent of a parent shall not be required if the parent has not contributed to the support of the child for a period of one year or longer immediately preceding the filing of the petition.
Referred to the Committee on Judiciary.

SB 442. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care cen ters, so as to provide for preliminary records check determinations in addi tion to fingerprint records check determinations for a foster care home parent or parents used by licensed child-placing agencies; to provide an effec tive date.
Referred to the Committee on Children & Youth.

SB 452. By Senator Broun of the 46th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of state lottery proceeds, so as to provide for a shortfall reserve subaccount to be maintained within the Lottery for Education Account within the state treasury; to provide for the use of the funds in such shortfall reserve subaccount.
Referred to the Committee on Industry.

SB 464. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Robinson of the 16th and Ray of the 19th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide for definitions; to require that certain recipients of public assistance partici pate in the Work for Welfare Program; to provide for exemptions; to provide for income tax consequences; to provide for effective dates.
Referred to the Committee on Children & Youth.

TUESDAY, FEBRUARY 8, 1994

645

SB 465. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th:
A bill to amend Code Section 19-13-4 of the Official Code of Georgia Anno tated, relating to protective orders and consent agreements in family violence cases, so as to provide that upon a showing of good cause, the court may extend an initial six-month protective order for a second six-month period; to provide for motions and hearings to convert temporary orders into perma nent orders.
Referred to the Committee on Judiciary.

SB 466. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable, procedures, and schedule of bails, so as to remove acts of family violence or violations of protective orders or consent orders relating to acts of family violence from schedules of bails.
Referred to the Committee on Judiciary.

SB 467. By Senators Oliver of the 42nd, Thompson of the 33rd and Scott of the 36th:
A bill to amend Code Section 19-3-3 of the Official Code of Georgia Anno tated, relating to filing of petition seeking relief from family violence, so as to provide that a hearing shall be held within ten days of the filing of the petition or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition.
Referred to the Committee on Judiciary.

SB 514. By Senators Coleman of the 1st, Thompson of the 33rd, Alien of the 2nd and Kemp of the 3rd:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehi cles, so as to provide that in the case of a motor vehicle or trailer, a transac tion shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
Referred to the Committee on Judiciary.

SB 518. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of driv ers' licenses, so as to change the provisions relating to instruction permits and temporary licenses; to change the provisions relating to who may apply for such instruction permits or temporary licenses.
Referred to the Committee on Motor Vehicles.

646

JOURNAL OF THE HOUSE,

SB 521. By Senators Burton of the 5th, Ragan of the llth, Marable of the 52nd, Dean of the 31st and Ray of the 19th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for findings of the General Assem bly; to create the Office of Sensory Affairs; to provide for a director and such official's appointment and powers and duties; to provide for recommenda tions and an annual report.
Referred to the Committee on State Planning & Community Affairs.

SB 525. By Senators Dean of the 31st, Broun of the 46th and Brown of the 26th:
A bill to amend Code Section 12-3-524 of the Official Code of Georgia Anno tated, relating to the general powers of the Georgia Music Hall of Fame Authority, so as to authorize the authority to incorporate one or more non profit corporations as subsidiary corporations of the authority for the pur pose of carrying out any of the powers of the authority and to accomplish any of the purposes of the authority.
Referred to the Committee on State Planning & Community Affairs.

SB 536. By Senators Scott of the 36th, Broun of the 46th and Coleman of the 1st:
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 provide that a written statement setting forth the time period during which a guest may occupy an assigned room when signed or initialed by the guest shall be a valid and enforceable contract; to provide an effective date.
Referred to the Committee on Industry.

SB 546. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Annotated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of commencement to a subcontractor, materialman, or person who makes a written request for such notice; to provide that such notice shall be given by the contractor.
Referred to the Committee on Judiciary.

SB 551. By Senator Broun of the 46th:
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 for the qualifications of persons desiring to run for sheriff; to provide for attendance of peace officers' training courses.
Referred to the Committee on Public Safety.

SB 584. By Senators Thompson of the 33rd and Isakson of the 21st:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain dates with respect to the levying of ad valorem taxes and notifying of collecting governing bodies.
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 8, 1994

647

SB 585. By Senators Burton of the 5th, Balfour of the 9th, Tysinger of the 41st, Day of the 48th and Newbill of the 56th:
A bill to amend an Act creating the Recorder's Court of Gwinnett County, as amended, so as to change the provisions relating to jurisdiction of the court; to provide for no jury trials; to provide for the judge's qualifications; to provide for the judge's salary; to change the provisions relating to punish ment.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 426. By Senator Bowen of the 13th:
A resolution recognizing the Georgia State Cotton Museum and Dooly County Welcome Center as the state's official Cotton Museum.
Referred to the Committee on State Institutions & Property.

Representative Holmes of the 53rd moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:

HB 1429.

By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993.

On the motion, 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
N Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
N Brooks, D
Y Brooks. T
Brown
Y Buck Y Buckner
N Bunn
N Burkhalter Y Byrd
N Campbell Y Canty Y Carlisle Y Carrell N Carter Y Cauthorn Y' Chambless
Chandler Channell Y Childers
N Clark N Coker
N Coleman, B
Y Coleman, T

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

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

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

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

648

JOURNAL OF THE HOUSE,

On the motion, the ayes were 108, nays 57. The motion prevailed.

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

Representative Groover of the 125th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 832. By Representatives Coker of the 31st, Smith of the 174th, Dixon of the 150th, Ray of the 128th, Jenkins of the 110th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the criminal offense of commission of a crime by a con victed felon through the use of a firearm.

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

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

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

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

On the motion, the ayes were 104, nays 59. The motion prevailed.

Y Mobley, B Y Mobley, J N Moore Y Mosley N Mueller
Oliver Y O'Neal Y Orrock N Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry N Pinholster Y Poag Y Polak
Porter Y Poston Y Powell
Y Purcell, A N Purcell, B E Randall N Randolph YRay
Reaves Y Reichert
N Roberts Y Royal Y Scoggins Y Shanahan N Sherrill
N Shipp Simpson
Y Sinkt'ield Y Skipper

Y Smith. C Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W Y Smyre Y Snow Y Stancil, F
N Stancil, S Y Stanley, L
Stanley, P
N Stephenson Y Streat Y Taylor
Teague N Teper Y Thomas Y 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
N Williams, H Y'ates
Y Yeargin Murphy, Spkr

Representative Bunn of the 74th stated that she inadvertently voted "aye" on the pre ceding roll call. She wished to be recorded as voting "nay" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Appropriations and referred to the Committee on Ways and Means.

TUESDAY, FEBRUARY 8, 1994

649

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

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Appropriations and referred to the Committee on Ways and Means.

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

The following Resolutions of the House were read and adopted:

HR 885. By Representatives Dobbs of the 92nd, Sherrill of the 62nd, O'Neal of the 75th, Colwell of the 7th, Watson of the 139th and others:
A resolution recognizing the contributions of the engineering profession in Georgia and declaring February 8, 1994, as "Engineers Day" in Georgia.

HR 886. By Representatives Murphy of the 18th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Buck of the 135th:
A resolution recognizing the contributions of senior Georgians and declaring February 8-10, 1994, as "Senior Week at the Capitol".

HR 887. By Representatives Sherrill of the 62nd and Teper of the 61st:
A resolution recognizing the many refugees who have made their homes in Georgia and commending them for their many contributions to our state.

HR 890. By Representatives Ashe of the 46th, McBee of the 88th, Williams of the 63rd, Smith of the 174th, Trense of the 44th and others:
A resolution expressing support for the designation of obstetricians and gyne cologists as primary care providers in Georgia for the provision of health care.

HR 891. By Representatives Stanley of the 50th and Stanley of the 49th: A resolution commending Dr. Carolyn Jean Jackson.

HR 892. By Representative Mobley of the 86th: A resolution commending William C. Landress.

HR 893. By Representative Mobley of the 86th: A resolution commending Phil Jones.

650

JOURNAL OF THE HOUSE,

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

HR 821. By Representatives Carlisle of the 107th, Hughes of the 19th, Smith of the 109th, Buckner of the 95th, Bailey of the 93rd and others:
A resolution recognizing and commending Mr. O. Bruton Smith and inviting him to appear before the House of Representatives.

HR 822. By Representatives Campbell of the 42nd, Burkhalter of the 41st, Trense of the 44th, Irvin of the 45th and Felton of the 43rd:
A resolution recognizing Scottish Borders Enterprise and inviting Chairman Derrick A. Bumpsteed and Chief Executive David P. Douglas to appear before the House of Representatives.

HR 858. By Representatives O'Neal of the 75th, Bunn of the 74th and Pinholster of the 15th:
A resolution commending Dax Langley and inviting him to appear before the House of Representatives.

HR 862. By Representative Birdsong of the 123rd:
A resolution commending the Twiggs Academy Lady Trojan Softball Team and inviting them to appear before the House of Representatives.

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

HR 884. By Representative Birdsong of the 123rd:
A resolution commending Mr. Charles "Chuck" Leavell and inviting him to appear before the House of Representatives.

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

HB 1262.

By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to trans fer the administration of certain federal grants from the Environmental Pro tection Division of the Department of Natural Resources to the Georgia Environmental Facilities Authority.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Water Quality Control Act," so as to transfer the administration of certain federal grants from the Environmental Protection Division of the Department of Natural Resources to the Georgia Environmental Facilities Authority; to amend Code Sec tion 50-23-5 of the Official Code of Georgia Annotated, relating to powers and duties of

TUESDAY, FEBRUARY 8, 1994

651

the Georgia Environmental Facilities Authority, so as to authorize the authority to admin ister certain funds; to provide for matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA
Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Water Quality Control Act," is amended by striking in its entirety Code Section 12-5-38.1, relating to the administration of certain funds, and inserting in lieu thereof the following:
"12-5-38.1. (a) The director is authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title H VI of the Federal Water Pollution Control Act, as now or hereafter amended, for the purpose of providing assistance to municipalities? or counties? or any combination thereof or to any public authority, agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The director is further authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The director shall administer all funds as pro vided in this Code section granted to the division prior to federal fiscal year 1994 until such grants are final and complete. All such grants made in or after federal fiscal year 1994 shall be administered by the Georgia Environmental Facilities Authority. At the end of federal fiscal year 1994, the administration of the water pollution control revolv ing fund provided for in subsection (b) of this Code section, and the fund balance, assets, liabilities, and retained earnings shall be transferred to the Georgia Environmen tal Facilities Authority.
(b) Any such funds received from the administrator of the federal Environmental Protection Agency shall be deposited in a one or more water pollution control and drink ing water revolving fund funds established by the director. In addition to such federal funds, other nonfederal funds may be deposited in such revolving fund funds as they become available to the division authority. The forms of revolving fund assistance and the manner of administering such fund funds shall be determined in accordance with rules and regulations promulgated by the Board of Natural Resources. Such funds shall be transferred to the Georgia Environmental Facilities Authority as provided in subsec tion (a) of this Code section.
(c) The director is authorized to contract with any other state agency, authority, board, or commission for the purpose of providing for the management, investment, and disbursement of all funds deposited in the water pollution control and drinking water revolving fund funds."
Section 2. Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Environmental Facilities Authority, is amended by striking the word "and" at the end of paragraph (28) of subsection (b); by striking the symbol "." at the end of paragraph (29) of subsection (b) and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of subsection (b) the following:
"(30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title H VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by law, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority is further authorized to administer funds granted to the

652

JOURNAL OF THE HOUSE,

state by the administrator of the federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental Protection Division of the Department of Natural Resources or hereafter established. The forms and administration of such funds shall be established by the authority in accordance with federal requirements."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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 Y Brooks, T
Brown YBuck
Buckner Bunn Y Burkhalter Y Byrd
Campbell Y Canty Y Carlisle
Carrell Y Carter
Y Cauthorn Y Chambless
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 Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.VV Y Godbee Y Golden Y Goodwin
Y Greene Groover
Y Hammond Hanner
Y Harris, B Y Harris, M
Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Hudson
Y Hughes Y Hugley
Irvin Y James
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
Lord
Y Lucas Y Maddox
Y Mann Y Martin Y McBee Y McClinton
McKinney 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 Y Polak Y Porter Y Poston
Powell Y Purcell, A
Purcell, B E Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts Y Royal
Scoggins Y Shanahan
Sherrill Y Shipp
Simpson Y Sinkfield 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 Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall
Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Campbell of the 42nd, Carrell of the 87th, Hanner of the 159th, Powell of the 23rd and Smith of the 169th stated that they had been called from the floor

TUESDAY, FEBRUARY 8, 1994

653

of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1263.

By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 8-2-23 of the Official Code of Georgia Anno tated, relating to the amendment and revision of certain state codes, so as to change a reference to the Office of Energy Resources; to provide for the transfer of assets and liabilities of and personnel employed by or assigned to the Office of Energy Resources to such 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 230. By Representatives Thomas of the 100th and Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Anno tated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such cred itable service and the payment requirement for such creditable service.

The report 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 3.
The Bill, having received the requisite constitutional majority, was passed.

HR 744. By Representative Reaves of the 178th:
A resolution authorizing the conveyance of certain state-owned real property located in Brooks County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 99, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 1382.

By Representatives Hudson of the 156th, Johnson of the 148th, Ray of the 128th, Cox of the 160th, Hanner of the 159th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change a certain definition; to make the liberation of domestic fish without a permit unlawful; to require fishing licenses of per sons who fish in private ponds owned or operated by certain governmental entities; to require persons in possessions of game fish from wholesale or retail fish dealers to possess a bill of sale or lading.

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

654

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1265.

By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of appli cants for such license plates.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of applicants for such license plates; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to special and distinctive license plates for survivors of Pearl Harbor, is amended by strik ing said Code section in its entirety and inserting in lieu thereof the following:
"40-2-85. (a) Motor vehicle owners who are veterans of the armed forces of the United States who survived the Japanese attack on Pearl Harbor on December 7, 1941, shall be eligible to receive special and distinctive vehicle license plates for private pas senger car, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter.
(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commis sioner and include the requisite fee. The commissioner shall retain ftH applications received tot suefi spccisi ctnct distinctive license picnte tmtii ft minimum1 GT &o\j flppHctJ~ tions nflve i&eeR recetved. Alter receipt x zou flppiicstions tor sucfi ft distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If th commiaaioncr dees net receive the required minimum 366
plates, the commissioner shall net accept any applications fer ner issue 8t*eh distinctive license plates ad aH fees shaU fee refunded te applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regulations nec essary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable.
(c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a survivor of the Japanese attack on Pearl Harbor on December 7, 1941.

TUESDAY, FEBRUARY 8, 1994

655

(d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80.
(e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an addi tional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section."
Section 2. This Act shall become effective on January 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Colwell Y Connell
Cox Y Crawford
Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene
Groover Y Hammond Y Manner
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 Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J Y Johnston Y Jones
Joyce Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
Y Lee Y Lewis
YLord Y Lucas Y Maddox
Mann Y Martin Y McBee Y McClinton
McKinney 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 Y Perry
Y Pinholster Y Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph Y Ray
Reaves Reichert Y Roberts Y Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snow Y Stancil, F Y Stancil, S
Y Stanley, L Stanley, P
Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas 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 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Campbell of the 42nd, James of the 140th, Joyce of the 1st, Kaye of the 37th, Mann of the 5th and Pelote of the 149th stated that they had been called from

656

JOURNAL OF THE HOUSE,

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, having been previously read, was again taken up for consideration:

HB 679. By Representatives Mobley of the 69th, Randall of the 127th, Turnquest of the 73rd, Henson of the 65th, Baker of the 70th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for the issuance of certain orders in certain domestic relations cases.

Representative Groover of the 125th moved that the House reconsider its action in adopting his amendment.
The motion prevailed.
The Groover amendment was withdrawn.

The following amendment was read and withdrawn:

Representative Mobley of the 69th moves to amend the Committee substitute to HB 679 as follows:
By deleting on page 2 all of words in Section (5) that state:
"any injunction issued pursuant to such order shall be dissolved unless a hearing is held thereon in 15 days of its effective date".

The following amendment was read and adopted:

Representatives Mobley of the 69th, Barnes of the 33rd and Cauthorn of the 35th move to amend the Committee substitute to HB 679 as follows:
By adding to the end of Section 1. the following:
"(c) Upon written motion of a party, the standing order provided for in this code section shall be reviewed by the court at any rule nisi hearing."

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 679 was ordered immediately transmitted to the Senate.

HB 1266.

By Representatives Stephenson of the 25th and Harris of the 112th:
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 that there shall be no additional annual registration fee for firefighters' license plates.

TUESDAY, FEBRUARY 8, 1994

657

The following Committee substitute was read and adopted:

A BILL
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige and special license plates, so as to provide that there shall be no additional annual registration fee for firefighters' license plates; to provide for an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige and special license plates, is amended by striking Code Section 40-2-78, relating to special license plates for firefighters, in its entirety and inserting in lieu thereof the following:
"40-2-78. (a) Any resident motor vehicle owners who are firefighters certified pursu ant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certi fied pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been cer tified pursuant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transporta tion. The commissioner shall retain all applications for such special firefighters' license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year pre ceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as deter mined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner each year prior to the date that license plates are issued a list of the certified firefighters of their fire depart ments who reside in Georgia.
(b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified firefighter, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said certified firefighter acquire another motor vehicle, the license plate issued pursu ant to this Code section may be transferred between vehicles as provided in Code Sec tion 40-2-80.
(2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from his such firefighter's department, the chief of such fire department shall obtain the separated member's license plate at the time of the sepa ration and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reis sue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to ser vice with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the com missioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regu lar plate. Upon such request for a change in plate for a certified firefighter who is sep arated from a fire department, the chief of the fire department shall furnish such

658

JOURNAL OF THE HOUSE,

member with a copy of his the chiefs letter to the commissioner requesting the appro priate change in plate, which copy of such letter may be used by such member pend ing the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be neces sary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commis sioner. The manufacturing fee for such a special and distinctive license plate shall be $25.00. There shall be eat additional annual registration fee ef- $26.00 fef each license pldtc issued pursuant to tiiis oode section tor wnicft QR initial tee wfls recjuired
tee siiflii oe collected oy trie county tft^j fluent ftt tne time OT
40-2-34. The commissioner is specifically authorized to promulgate all rules and regula tions necessary to ensure compliance in instances where such vehicles have been trans ferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable.
(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(e) The provisions of this Code section shall also apply to certified firefighters of vol unteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25."
Section 2. This Act shall become effective on January 1, 1995.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1482.

By Representatives Yeargin of the 90th, Bates of the 179th, Mobley of the 86th, Harris of the 17th, Dickinson of the 83rd and others:
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 authorize contracts between the Department of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering areas not within the territorial boundary of such regional development center.

By unanimous consent, further consideration of HB 1482 was postponed until tomor row morning, immediately following the period of unanimous consents.

HB 989. By Representatives Stanley of the 49th, Randall of the 127th, McKinney of the 51st, Stanley of the 50th and Davis of the 48th:
A bill to amend Code Section 36-61-9 of the Official Code of Georgia Anno tated, relating to the exercise of the powers of eminent domain by a munici pal corporation or a county for urban development purposes, so as to provide that a municipal corporation of a county may use any water or tax liens to set off an award made in any such condemnation proceedings.

TUESDAY, FEBRUARY 8, 1994

659

The following Committee substitute was read:

A BILL
To amend Code Section 36-61-9 of the Official Code of Georgia Annotated, relating to the exercise of the powers of eminent domain by a municipal corporation or a county for urban development purposes, so as to provide that a municipal corporation of a county may use any special assessments tax liens to set off an award made in any such condemna tion proceedings; to provide for exceptions; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-61-9 of the Official Code of Georgia Annotated, relating to the exercise of the powers of eminent domain by a municipal corporation or a county for urban development purposes, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Whenever condemnation proceedings are instituted and carried on by a munici pality or county in accordance with subsection (a) of this Code section or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal the municipality or county shall become vested with a fee simple indefeasible title to the property to which the condemnation proceedings relate. Such payment may be offset in whole or in part by the cancellation by the municipality or county, on behalf of itself or any other condemning authority, of any existing special assessments tax liens, including without limitation education or special district taxes collected by the munici pality or county; provided, however, that no such setoff shall be allowed where there are any existing tax liens having priority pursuant to Code Section 48-2-56 or where there is a known beneficiary of a year's support pursuant to Code Section 53-5-2; provided, further, that where the condemned property is subject to a valid deed to secure debt, such setoff shall only be allowed for special assessments tax liens which arose as a result of an assessment against such property. It is declared to be necessary, to enable such municipalities and counties to exercise their powers under this Code section, that upon the condemnation proceedings being had, the municipalities and counties shall become vested with fee simple indefeasible title to the property involved in the proceedings."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to HB 989 as follows:
By striking from line 1 page 2 the following:
"or any other condemning authority."

The Committee substitute, as amended, was adopted.

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

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

660

JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown
YBuck 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 \' Coleman, T
Colwell Y Connell
YCox Y Crawtord
Y Crews Y Culbrelh
Y Cummings Y Davis, G N Davis, M
Y Dickinson Y Dix Y Dixon, H

Y Dixon. S
N Dobbs Y Ehrhart Y Epps Y Evans Y Felton
Y Floyd, J.M Y Floyd, J.VV
Y Godbee Y Golden Y Goodwin Y Greene Y Groover
Y Hammond Y Manner 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 Irvin
Y James Jamieson
Y Jenkins Johnson, D.H

Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, U Y Lane, H Y Lawrence
Y Lawson YLee Y Lewis Y Lord Y Lucas Y Maddox
Mann Y Martin
Y McBee Y McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J
Y Moore Mosley
Y Mueller
Y Oliver

Y O'Neal 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, A Y Purcell, B
E Randall Y Randolph YRay
Reaves Reichert N Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinktield 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
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest N Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
Westmoreland White N Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Mann of the 5th and Harris of the 17th 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 838. By Representatives Snow of the 2nd, Harris of the 112th, Bargeron of the 120th, Padgett of the 119th, Powell of the 23rd and others:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Bureau of Investigation, so as to provide for the submission and testing of certain substances or evidence to certain laboratories.

The following amendment was read and adopted:

Representative Smith of the 109th moves to amend HB 838 as follows: Line 4 page 3 strike three insert 10.

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

TUESDAY, FEBRUARY 8, 1994

661

Y Brooks, T Brown
Y Buck Y Buckner Y Bunn Y Burkhaltei Y Byrd Y" Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthnrn Y Chambless Y Chandler Y Channeil Y Childers Y Clark Y Coker Y Coleman. H Y Coleman, T
Colwell Y Connell Y Cox Y Crawt'ord Y Crews
Culhreth Y Cummings Y Davis, G Y Davis, M
Dickinson Y Dix
Dixon, H

Y Dixon. S Y Dobbs Y Ehrhart Y Epps
Evans Y Felton Y Floyd.J.M
Floyd, J.W Godbee Y Golden Y Goodwill 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 Hugley Irvin James Jamieson Jenkins Johnson, D.H

Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D Y Lane, R Yr Lawrence Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y' Martin Y McBee Y McClinton
McKinney 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, A Y Purcell, B E Randall Y Randolph
Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, L Y Smith, P

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

On the passage of the Bill, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1333.

By Representatives Snow of the 2nd, Murphy of the 18th, Parham of the 122nd, Streat of the 167th, Carrell of the 87th and others:
A bill to amend Code Section 35-2-12 of the Official Code of Georgia Anno tated, relating to participation in or contribution to political campaigns by employees of the Department of Public Safety, so as to provide for an excep tion; to authorize employees of the department to offer for and hold elective office as a member of a county governing authority, a member of a county or independent board of education.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions relative to the Department of Public Safety, so as to repeal certain provisions relating to participation in or contribution to political campaigns by employees of the 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. Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions relative to the Department of Public Safety, is amended by striking Code Section 35-2-12, which reads as follows:
"35-2-12. (a) No person in the employ of the department shall take any part in the management, affairs, or political campaign of any candidate for public office, except

662

JOURNAL OF THE HOUSE,

each employee shall have the right as a citizen to express his opinion and to cast his vote.
(b) No person in the employ of the department shall, either directly or indirectly, contribute any money or any other thing of value to any person, organization, or com mittee for political campaign or election in county or state primaries or general elections.
(c) Any employee of the department found to have violated this Code section shall be terminated from the department.", and inserting in lieu thereof the following:
"35-2-12. Reserved."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 98, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1297.

By Representatives Birdsong of the 123rd, Barfoot of the 155th, Padgett of the 119th, Bargeron of the 120th, Smith of the 175th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide for the exemption from ad valorem taxes of certain property owned by veter ans organizations.

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

N Ashe Y Atkins Y Bailey
Baker
Y Bannister
Barfoot Y Bargeron Y Barnes
Y Bates Y Benetield Y Birdsong Y Bordeaux Y Bostitk Y Breedlove Y Brooks. 1) Y Brooks. T Y Brown
Y Buck
Y Buckner Y Bunn Y Burkhaller Y Byrd Y Campbell \ Canty
Carlisle Y Carrell Y Carter
Cauthorn
Y Chamhless, Y Chandler

Y Channel! Y Childers Y Clark Y Coker
Y Coleman, B
Y Coleman, 'I' Colwell
Y Connell
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 Ehrhart Y Epps Y Evans
Felton
Y Floyd, J.M Y Flovd, J.W Y Godbee Y Golden
Y Goodwill Y Greene

N Groover Y Haramond
Manner Y Harris, B
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 Irvin
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 Kinnamim Y Klein

Y Ladd Y Lakly Y Lane, D Y Lane, R
Lawrence
Y Lawson Y Lee Y Lewis
Y Lord Lucas
Y Maddox Y Mann N Martin Y McBee Y McClinlon
McKinney Y Milam
Y Mills
Y Mobley, B Y Mobley, J
Moore Y Mosley Y Mueller
Oliver
Y O'Neal 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 Puree!!, A Y Purcell, B E Randall Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal
Y Scoggins
Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper
Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W

TUESDAY, FEBRUARY 8, 1994

663

Y Smyre
Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephensun
Y Streat
Y Taylor Y Teague Y Teper
Thomas

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, the ayes were 152, nays 3. The Bill, having received the requisite constitutional majority, was passed.

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.

By unanimous consent, HB 1297 was ordered immediately transmitted to the Senate.

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

664

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1181 Do Pass, by Substitute HB 1641 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman
Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1304 Do Pass, by Substitute HB 1556 Do Pass, as Amended
Respectfully submitted, /a/ Thomas of the 100th
Chairman
Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 876 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman
Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:

TUESDAY, FEBRUARY 8, 1994

665

Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1543 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Retirement.

HB 1662.

By Representative Groover of the 125th:
A bill to amend Code Section 15-18-5 of the Official Code of Georgia Anno tated, relating to the appointment of a substitute for an absent or disquali fied district attorney, so as to provide that a senior district attorney may be appointed for such purpose; to provide that a senior district attorney may not serve in another public office.

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

HR 876. By Representatives Parrish of the 144th, Walker of the 141st, Buck of the 135th, Chambless of the 163rd and Lee of the 94th:
A resolution recognizing The Paralympic Games and those athletes and medal winners who reside in Georgia and inviting them to the House of Rep resentatives.

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

HB 1411.

By Representatives Powell of the 23rd and Watson of the 139th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Anno tated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks".

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking in its entirety Code Section 25-10-1, relating to the definition of the term "fireworks," and inserting in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1. As used in this chapter, the term 'fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, defla gration, or detonation, including blank cartridges, balloons requiring fire underneath to

666

JOURNAL OF THE HOUSE,

propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, smoke devices, trick noise makers which include paper streamers, party poppers, string poppers, snappers and drop pops each consisting of 0.25 grains or less of explosive mixture, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap ner or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 105, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Cauthorn of the 35th, Holland of the 157th, Jenkins of the 110th, Ladd of the 59th, Lawrence of the 64th, Ray of the 128th, Smith of the 169th, Smith of

TUESDAY, FEBRUARY 8, 1994

667

the 174th and Thomas of the 100th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1340.

By Representatives Reichert of the 126th and Barnes of the 33rd:
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, so as to provide that the surviving spouse of a veteran who was awarded the Purple Heart citation, of a veteran who survived the attack on Pearl Harbor, or of a retired or other veteran of any war or armed conflict shall be entitled to continue to renew the special license plate for which the deceased veteran was qualified so long as the surviving spouse does not remarry.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1393.

By Representatives Brown of the 117th, Williams of the 114th and Johnson of the 148th:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Anno tated, known as the "Insurance Premium Finance Company Act," so as to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agreement of any power of attor ney enabling such premium finance company to cancel any insurance con tract listed in the agreement.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1512.

By Representative Hanner of the 159th:
A bill to amend Chapter 4 of Title 27 of the Official Code of Georgia Anno tated, relating to fish, so as to authorize the Board of Natural Resources to promulgate rules and regulations establishing the gear and methods allowed for bait shrimping; to provide for the sale of live bait shrimp between bait dealers.

The following Committee substitute was read:

A BILL
To amend Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, so as to authorize the Board of Natural Resources to promulgate rules and regula tions establishing the gear and methods allowed for bait shrimping; to authorize the com missioner of natural resources or his or her designee to determine whether or not to open or close a river or creek to the taking of bait shrimp; to fix the size of the numerals and letters required to be displayed on bait shrimp boats; to require that bait shrimpers pro vide the numerals and letters required to be displayed on bait shrimp boats; to require bait dealers and their employees to possess valid personal commercial fishing licenses; to prohibit the location of bait facilities at or contiguous to facilities or docks selling shrimp

668

JOURNAL OF THE HOUSE,

for human consumption or where boats utilized in shrimping for human consumption are docked; to provide an exemption; to increase the amount of the bond which must be posted with the commissioner of natural resources by bait dealers; to limit the issuance of bait trawler licenses to persons who possess a valid bait dealer license or their employ ees; to establish the size of the mesh of nets used in the taking of shrimp for live bait; to require that live bait shrimp facilities must be located within the salt waters of this state; to require that floating bait containers must be permanently affixed to docks or other permanent structures attached to high ground; to require live bait dealerships which are not within one-half mile of public salt-water angling access to maintain salt-water angling access through the provision of certain services during all tidal stages, including vehicular access and public parking; to establish minimum income requirements for live bait shrimp dealerships to be derived from the sale of bait shrimp and associated recrea tional fishing services, supplies, and accessories; to require proof of such minimum income; to require the proper packaging and labeling of dead bait shrimp purchased for resale from licensed bait dealers; to provide record keeping requirements for licensed bait dealers; to prohibit the possession of shrimp for human consumption on a bait trawler; to make pos session of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp prima-facie evidence that such shrimp are to be used for human consumption; to provide for interstate transport of bait shrimp; to make unlawful the possession at any one time of more than 200 quarts of live shrimp and 20 quarts of unpackaged, unfrozen dead shrimp by any licensed bait dealer; to provide for the sale of live bait shrimp between bait dealers; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish, is amended by striking in its entirety Code Section 27-4-170, relating to sport bait shrimping, and inserting in lieu thereof the following:
"27-4-170. (a) Any provision of this title to the contrary notwithstanding, any per son who has a sport bait shrimping license may use a power-drawn net in accordance with this Code section, such net not to be larger than a ten-foot net as defined in para graph (71.1) of Code Section 27-1-2 and to be constructed of mesh not smaller than one inch when stretched, for the purpose of taking shrimp to be used for live bait in this state, provided that the shrimp are not to be sold. In addition to the general provisions of this Code section, the Board of Natural Resources is authorized to promulgate rules and regulations establishing the gear and methods allowed for sport bait shrimping. It shall be unlawful to engage in the taking of shrimp to be so used at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset. It shall also be unlawful to engage in the taking of shrimp pursuant to this Code section except in those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in accordance with current, sound prin ciples of wildlife research and management as provided in Code Section 27-4-130 and
qlioll u.p iriflfip inJTif 1 v hv tVin fftftrnmiqQiAnpT fTin mpTnV>pi* fif fVio VinnrH from flip FirQ^ ("!fvn-
gressional District, and the member ef the beafd from ee ef the following named counties; Chatham, Bryan, Liberty, Mclntoah, Glynn, or Camdcn. No person taking shrimp under this subsection shall possess more than two quarts of bait shrimp at any time, no more than one-half pint of which may be dead; but any such person may take a max imum of four quarts of bait shrimp during any 24 hour period. When two or more per sons taking shrimp under this subsection occupy the same boat, at least one such person must have a sport bait shrimping license; and there may be no more than four quarts of bait shrimp on board the boat at any time, no more than one pint of which may be dead; but the persons occupying the boat may take a maximum of eight quarts of bait shrimp during any 24 hour period. Possessing or taking more than the limits prescribed in this subsection shall be unlawful. Possessing more than these limits shall be primafacie evidence that the shrimp were taken for some purpose other than to be used as live bait.

TUESDAY, FEBRUARY 8, 1994

669

(b) It shall be unlawful for any person to sell or otherwise dispose of, for human con sumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be prima-facie evidence that the shrimp are to be sold for human consumption or are personally to be consumed.
(c) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters printed or affixed thereon as are specified by the department for the boat. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be designed and furnished assigned by the department? The numerals and letters shall be furnished periodically at the time sport bait shrimping licenses are issued pursuant to Code Section 27-2-23.
(Q)--y\ny determination to open or close tne tidal rivers or crccKs pursuant te tnis Code section sfeaH be made in accordance with current, sound principles ef- wildlife man-

Section 2. Said chapter is further amended by striking in its entirety Code Section 27-4-171, relating to bait dealers, and inserting in lieu thereof the following:
"27-4-171. (a) It shall be unlawful for any person to engage in the taking of shrimp for live bait to be sold, to engage in the sale of shrimp for live bait, or to engage in the sale of shrimp for dead bait unless the person has a bait dealer license and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23 or is a

dealer and possesses a valid personal commercial fishing license as provided in Code Section 27-2-23. No stteh bait dealer license shall be issued for ft bait dealership te be an individual whose establishment is located on any dock or other facility, including platforms, walkways, and buildings, which is one contiguous unit and where shrimp taken pursuant to Code Section 27-4-133 are unloaded, handled, processed, sold; or oth erwise distributed! or where boat docking space is provided for such activities; provided, however, that such prohibition shall not apply to any person who was granted a bait dealer license for the period from April l 1993, through March 31, 1994, and whose bait dealer license was not revoked and provided, further, that such exemption shall termi nate immediately if the person's current bait dealer license is revoked by the commis sioner or if he or she is found guilty of a violation of the provisions of this Code section. In addition to complying with subsection (b) of this Code section, any applicant for sweh a bait dealer license must first file with the commissioner a forfeiture bond in the form prescribed by the department, executed by a bonding, surety, or insurance company licensed to do business in this state, in the favor of the state in the amount of $1,000.00 $5,000.00, conditioned upon the faithful compliance by the person and all his or her employees with all the laws and regulations relating to the taking, possession, and sale of bait shrimp, provided that a cash forfeiture bond in like amount may be substituted in lieu of the commercial bond provided for above. The term of the bond shall be one year and shall correspond to the period of the bait dealer license, which shall be April 1 to March 31. The bond shall be in addition to the commercial fishing boat license,, {where applicable) ; required by Code Section 27-2-8 and in Hea ef addition to the per sonal commercial fishing license required by this Code Section 27-4-110 section. Nota tion of execution of the bond shall be stamped or endorsed on the applicant's bait dealer license. Trawler licenses for bait shrimp trawling shall not be issued to any person who does not possess a valid bait dealer license unless such person is an employee of a licensed bait dealer. In addition to the general provisions of this Code section, the Board of Natural Resources is authorized to promulgate rules and regulations establishing the gear and methods allowed for commercial bait shrimping. It shall be unlawful for any
person engaging in the taking of shrimp for live bait pursuant to this Code section to

670

JOURNAL OF THE HOUSE,

use any power-drawn net which is cither larger than a 20 foot net as defined in para graph (72.1) of Code Section 27-1-2 or constructed of mesh smaller than one inch or greater than one and three-eighths inches when stretched. It shall also be unlawful to engage in the taking of shrimp pursuant to this Code section at any time except between the hours of one-half hour before official sunrise and one-half hour after official sunset. All salt waters of this state shall be closed to the taking of shrimp pursuant to this Code section, except those rivers or creeks or portions thereof opened to such taking. The determination of whether to open or close a river or creek or portion thereof shall be made by the commissioner or his or her designee in accordance with current, sound prin ciples of wildlife research and management as provided by Code Section 27-4-130 and
grcssional District, ad the member ef the beafd from one eftfee following naed counticsi t/fifttfiftTO^ Dryftrtj J_/iocrty, Jrrcintosftf ijiyiwi, or osrndcn. it snflii siso D6 uniswiui for any person taking shrimp pursuant to this Code section to have on board the boat used for the taking more than 50 quarts of shrimp at any one time, no more than 10 percent of which may be dead. It shall also be unlawful for any person engaging in the taking of shrimp pursuant to this Code section to fail to maintain on the commercial fishing boat bait-holding facilities which comply with the requirements set forth in sub section (b) of this Code section, except that it shall not be necessary for the boat to meet the requirements of paragraph {4} (6) of subsection (b) of this Code section.
(b) Applicants After April lj 1995, all applicants for a bait dealer license licenses and, except as provided in subsection (a) of this Code section, all licensed bait dealers shall have and maintain facilities meeting the following requirements:
(1) Live bait shrimp facilities must be located within the salt waters of the state, as defined by the salt-water demarcation line described in Code Section 27-4-1, and such facilities must consist of either floating bait containers or tanks with circulating or recirculating systems to provide an exchange of salt waters. Floating bait containers must be permanently affixed to docks or other permanent structures which are attached to high ground above the high water mark and must be constructed with adequate openings to provide for a steady exchange of salt water. Tanks with circulat ing salt-water systems must include adequate spray outlets to provide aeration as well as sufficient water inlets to create a circulating flow within the bait tank;
(2) All live shrimp-holding facilities must be constructed of nontoxic materials or materials which have been properly treated with an approved nontoxic substance. The facilities must be maintained in a condition conducive to keeping shrimp alive, which requires regular cleaning and the removal of dead shrimp;
(3) Any live bait shrimp dealership which is not within one-half mile of public salt-water angling access shall be required to maintain public recreational fishing access through such services as public launching facilities, public fishing docks or plat forms, or other forms of salt-water angling access during all tidal stages. Such access shall include vehicular access and public parking;
(4) Any person seeking to renew a bait shrimp dealer license shall provide records which prove that a minimum of 10 percent of the dealership's earned income or $3,000.00, whichever is greater, was derived from the sale of bait shrimp and associ ated recreational fishing services, supplies, or accessories during one of the three cal endar years immediately preceding the renewal application;
43} (5) No organisms other than shrimp may be held in live shrimp bait tanks; and
(4) (6) Freezer storage sufficient to freeze and to keep frozen any shrimp which die while in possession of the dealer and which are to be sold as dead bait must be main tained on the premises of the established bait dealership.
(c) ft Except as provided for in subsection jj] of this Code section, rt shall be unlaw ful for any licensed bait dealer to allow shrimp to be removed from the premises of his or her established bait dealership unless it is sold as:
(1) Live bait in a container of such size as to ensure that all live shrimp therein are covered by a minimum of one inch of salt water; or
(2) Dead bait which has been packaged with heads on and frozen. The packages shall contain not more than one quart of dead shrimp and must be clearly marked

TUESDAY, FEBRUARY 8, 1994

671

with letters at least one-half inch in height to read as follows: 'SOLD FOR BAIT ONLY." Dead bait purchased for resale must be purchased from a licensed bait dealer and must be packaged and labeled as described in this Code section. (d) It shall be unlawful for any licensed bait dealer to fail to keep all shrimp in salt water tanks meeting the standards prescribed in subsection (b) of this Code section unless and until such shrimp die, in which case the shrimp shall be promptly frozen and packaged as dead bait. It shall also be unlawful for any licensed bait dealer intentionally to cause or allow live shrimp to die. (e) It shall be unlawful for any person to use, for other commercial fishing purposes, any equipment which has been used for obtaining live bait pursuant to this Code sec tion. (f) It shall be unlawful for any licensed bait dealer or any of his or her full'time employees to have or permit in or on a commercial bait fishing boat owned by the dealer or such employees and used for bait shrimping pursuant to this Code section or to have or permit in or on the premises of the established bait dealership any shrimp caught, sold, to be sold, or to be disposed of for human consumption. tg) It snail fee unlawful lor any person taKmg shrimp pursuant to tnis Oodc section te fail te record, within 30 minutes after the ed ef the trawl by which the shrimp were

reaching the dock. It shall atee be unlawful for a licensed bait dealer to fail to maintain at all times a daily record book showing, for each transaction, the amount of bait shrimp purchased, the person from whom it was purchased, and the date of such purchase, as well as the amount of live shrimp and the amount of dead shrimp sold daily. &aeh records Written reports of such transactions for each month shall be submitted to the department once a month no later than the fifth day of the subsequent month in a for mat prescribed by the department.
(h) It shall be unlawful for any person to sell or otherwise dispose of, for human con sumption, any shrimp caught pursuant to this Code section or to possess such shrimp for the purpose of sale or other distribution for human consumption or personally to consume such shrimp. Possession of shrimp with heads off shall be prima-facie evidence that the shrimp are to be sold for human consumption or are personally to be consumed. Possession of more than 20 quarts of unlabeled, unpackaged, or unfrozen heads-on shrimp shall be prima-facie evidence that such shrimp are to be used for human con sumption or are personally to be consumed.
(i) It shall be unlawful for any licensed bait dealer or an employee of such person to sell or otherwise distribute to any one person, within a 24 hour period, more than eight quarts of shrimp taken pursuant to this Code section. It shall also be unlawful for any person to buy, within a 24 hour period, more than eight quarts of shrimp taken pur suant to this Code section.
(j) It shall be unlawful to sell, unload, or otherwise dispose of shrimp taken pursuant to this Code section at any place other than the established licensed bait dealership for which the bait was taken. This subsection shall not prohibit:
(1) the The transfer from the boat taking such shrimp to an approved vehicle with aeration equipment to keep shrimp alive which will unload shrimp so taken at aft established a licensed bait dealership which is net located eft the waterfront so long as the amount of bait being transferred does not exceed 50 quarts; or
(2) The interstate import of bait shrimp provided that a bona fide bill of lading accompanies such shrimp as proof that such shrimp were not taken or transported in violation of this Code section or the laws of the jurisdiction from which the bait shrimp originated. (k) It shall be unlawful for any licensed bait dealer to have, at his or her established bait dealership at one time, more than 200 quarts of live shrimp. It shall also be unlaw ful for more than 10 percent of the shrimp at the dealership or 20 quarts, whichever amount is less, to be dead shrimp unless the dead shrimp in excess of such percentage are promptly frozen and packaged as dead bait as required by paragraph (2) of subsec tion (c) and subsection (d) of this Code section.

672

JOURNAL OF THE HOUSE,

(1) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters painted or affixed thereon as are specified by the department for a particular estab lished bait dealership. The numerals and letters shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be designed afl4 furnished by the department. T-he numerals and letters shall be furnished periodically assigned by the department at the time the bait dealer licenses are issued pursuant to Code Section 27-2-23.
(m) Except from March 1 through July 15 of each year, it shall be unlawful for more than one boat to be engaged in the taking of shrimp at any one time for an established bait dealer. From March 1 through July 15, it shall be unlawful for more than two boats to be engaged in the taking of shrimp for a dealer. The boats shall be designated by the suffixes 'A' and 'B' being placed at the end of the other numerals and letters speci fied by the department as provided in subsection (1) of this Code section. It shall be unlawful for any boat with a 'B' suffix to take shrimp except from March 1 through July 15.
(n) It shall be unlawful for any licensed bait dealer to fail to publicly advertise his or her facility. For the purpose of advertising in accordance with this subsection, each established bait shrimp dealer shall display prominently on the road or drive leading to the facility and on any related dock a sign or signs which shall include the following: (1) 'LIVE BAIT FOR SALE' and (2) the hours and days of operation. Signs shall be at least 24 inches by 18 inches in size and shall display letters and numbers at least three inches in height.
(o) Notwithstanding subsections (i) and (j) of this Code section, it shall be lawful for a licensed bait dealer to sell live bait shrimp taken pursuant to this Code section to another licensed bait dealer if the department has been previously notified of the desti nation of the shrimp to be sold and the time and approximate amount of the sale and if the department has approved the equipment for transferring such shrimp. Transporta tion and transfer of live bait shrimp between bait dealers shall not exceed the 50 quart possession limit for commercial bait trawlers as provided m subsection (a) of this Code section. Except as provided for in subsection (j) of this Code section, land transportation of quantities greater than eight quarts of live shrimp is prohibited and shall be primafacie evidence of a violation of this Code section.
(p) It shall be unlawful for any licensed bait dealer to fail to have and display any current business license required by the county or city in which the bait dealership is located and a sales tax certificate of registration issued pursuant to Code Section 48-8-59.
(q) Before the Department of Natural Resources issues a bait dealer license the Department of Natural Resources shall inspect the bait dealer facilities2 to determine if the facilities comply with Code Section 48-8-59, within 30 days from the time applica tion for license is received."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Smith of the 175th moves to amend the Committee substitute to HB 1512 as follows:
1. By striking from page 8, line 24, the words "recreational fishing access" and inserting the words "access to customers."

TUESDAY, FEBRUARY 8, 1994

673

2. By striking from page 8, line 27, the word "angling."

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
Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove
Brooks. I) Brooks, T Brown Y Buck Y Buckner
Y Bunn Y Burkhalter
Y Byrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter
Cauthorn
Y Chambless Y Chandler
Y Channel! Y Childers E 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 Y Dix N Dixon, H Y Dixon, S
Dobhs Y Ehrhart
Y Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y God bee 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 Y Holmes

Howard Y Hudson
Y Hughes Hugley
Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H
Johnson, E Y Johnson, G
Y Johnson, J Y Johnston
Jones N Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly
Y Lane, D Y Lane, R
Lawrence Y Lawson Y Lee Y Lewis
Lord
Lucas Y Maddox Y Mann Y Martin Y McBee
McClinton McKinney Milam Y Mills

Y Mobley. B Y Mobley, J Y Moore Y Mosley
Mueller Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pinholster Y Poag Y Polak
Porter Poston Y Powell
Y Purcell, A Y Purcell, B E Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield
Y Skipper

N Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Smith, W Smyre Snow
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P
Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas Tillman Titus 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
Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 131, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Cauthorn of the 35th, Hugley of the 133rd, Lawrence of the 64th, Smith of the 174th, Snow of the 2nd 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.

Mr. Robbie Rivers Clerk of the House State Capitol - Room 309
Atlanta, Georgia 30334

House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334
February 22, 1994

674

JOURNAL OF THE HOUSE,

RE: Voting Record House Bill 1512
Dear Robbie:
I would like to go on record as voting against the passage of House Bill 1512. I inad vertently voted in favor of this legislation.
Thank you for your assistance in correcting the record on this particular vote.
Sincerely Yours, /s/ Tommy
Tommy Smith State Representative District 169
TS:gd

HB 912. By Representatives Dixon of the 168th, Scoggins of the 24th, Golden of the 177th and Atkins of the 29th:
A bill to amend Code Section 3-9-11 of the Official Code of Georgia Anno tated, relating to license to provide in-room service by hotels, so as to pro vide that distilled spirits provided by in-room service shall not be sold in packages containing less than 50 milliliters each.

The following Committee substitute was read and adopted:

A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bev erages, so as to amend Code Section 3-1-2, relating to definitions, so as to change the defi nition of the term "standard case"; to amend Code Section 3-4-25, relating to the size of packages which may be sold by retail dealers, so as to change the authorized package size to not less than 50 milliliters; to amend Code Section 3-4-90, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally, so as to prohibit retail consumption dealers from buying or selling in packages of 50 milliliters; to provide an exception; to amend Code Section 3-9-10, relating to in-room alcoholic beverage service by a hotel, so as to clarify certain provisions relating to the definition of the term "in-room service"; to amend Code Section 3-9-11, relating to licenses to provide in-room service, so as to reduce the minimum size of containers which may be sold by in-room service dealers from 200 milliliters to 50 milliliters; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking paragraph (20) of Code Section 3-1-2, relating to defini tions, and inserting in lieu thereof a new paragraph (20) to read as follows:
"(20) 'Standard case" means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, or 24 containers of 375 milliliters, 48 containers of 200 milliliters2 or 120 containers of 50 milliliters."
Section 2. Said title is further amended by striking subsection (a) of Code Section 3-4-25, relating to the size of packages which may be sold by retail dealers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which package or packages shall contain not less than 300 50 milliliters each."

TUESDAY, FEBRUARY 8, 1994

675

Section 3. Said title is further amended by striking subsection (a) of Code Section 3-4-90, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Each county or municipality may authorize, through proper resolution or ordi nance, the issuance of licenses to sell distilled spirits by the drink for consumption only on the premises where sold; except as provided in Code Section 3-9-11 for in-room ser vice by hotels, retail consumption dealers shall not buy or sell in packages of 50 milliliters."
Section 4. Said title is further amended by striking subparagraph (B) of paragraph (2) of Code Section 3-9-10, relating to in-room service by a hotel, and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the alcoholic beverages contained therein is deemed to be final at the time requested except for a credit which may be given to the guest for any unused portion."
Section 5. Said title is further amended by striking subsection (d) of Code Section 3-9-11, relating to licenses to provide alcoholic beverages by in-room service, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Distilled spirits sold pursuant to this article shall not be sold in packages con taining less than 306 50 milliliters each."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Brooks, T Y Brown Y Buck Y Buckner N Bunn N Burkhalter
Y Byrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter
Cauthorn Chambless Y Chandler Y Channel!

Y Childers E Clark
Coker Y Coleman, B
Coleman, T Colwell Y Connell
Cox Y Crawford N Crews Y Culbreth N Cummings Y Davis, G N Davis, M
Y Dickinson N Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps N Evans Y Felton Y 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
Hart Y Heard Y Hegstrom
N Hembree Henson
Y Holland Holmes Howard
Y Hudson Y Hughes
Hugley Y Irvin
James Y Jamieson
Jenkins Johnson, D.H Johnson, E N Johnson, G N Johnson, J Y Johnston Jones N Joyce Y Kaye Y Kinnamon Y Klein Ladd Y Lakly Y Lane, D

Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis
Lord Lucas N Maddox N Mann
Y Martin Y McBee Y McClinton
McKinney Y Milam N Mills
Mobley, B Y Mobley, J
Y Moore Y Mosley
Mueller
Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pinholster Y Poag

Y Polak Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
Y Ray
Reaves
Y Reichert
N Roberts Royal
Y Scoggins Y Shanahan N Sherrill
Y Shipp Simpson
Y Sinkfield
Y Skipper Y Smith, C Y Smith, L N Smith, P
Y Smith, T Y Smith, V
Smith, W Smyre Snow Y Stancil, F N Stancil, S Stanley, L

676

JOURNAL OF THE HOUSE,

Stanley, P N Stephenson Y Streat Y Taylor Y Teague

Y Teper Thomas Tillman
Y Titus Towery

V Trense Turnquest Twiggs
Y Vaughan Y Walker

Y Wall Y Watson Y Watts N Westmoreland
White

N Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 108, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Hammond of the 32nd, Hugley of the 133rd, James of the 140th, Ladd of the 59th, Smith of the 174th 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.

Representatives Ehrhart of the 36th, Johnston of the 81st and Kaye of the 37th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The Speaker Pro Tern assumed the Chair.

HB 1217.

By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and Atkins of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to change a cross reference; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking subparagraph (C) of paragraph (1) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in its place the following:
"(C) Alphacetylmcthadol Reserved;".
Section 2. Said chapter is further amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following:
"(VV) 4-Bromo-2,5-Dimethoxyphenethylamine (DMPE); (WW) Alpha-Ethyltryptamine; (XX) Methcathinone;".
Section 3. Said chapter is further amended by striking paragraph (4) of Code Section 16-13-25, relating to Schedule I controlled substances, and inserting in its place the follow ing:
"(4) Any material, compound, mixture, or preparation which contains any of the fol lowing substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence

TUESDAY, FEBRUARY 8, 1994

677

of these salts, isomers, and salts of isomers is possible within the specific chemical desig nation:
(A) Fenethylline; (B) N-| H-benzyl-4-piperidyli t-N phenylpropanamide (benzylfentany1); (C) N-l jl-(2-thienyl)methyl-4-piperidyH I-N phenylpropanamide (thenylfentanyl);".
Section 3.1. Said chapter is further amended by redesignating current paragraph (5) as paragraph (6) of Code Section 16-13-25, relating to Schedule I controlled substances, and adding immediately following paragraph (4) a new paragraph (5) to read as follows:
"(5) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers, (whether optical, position, or geomet ries), and salts of isomers, unless specifically excepted, whenever the existence of these substances, their salts, isomers, and salts of isomers is possible within the specific chemi cal designation:
Gamma hydroxybutyric acid (gamma hydroxy butytrate); and".
Section 4. Said chapter is further amended by adding the following subparagraph in the appropriate position in paragraph (2) of Code Section 16-13-26, relating to Schedule II controlled substances:
"(G.5) Levo-alphacetylmethadol (some other names: levomethadyl acetate, LAAM);".
Section 5. Said chapter is further amended by striking the period and inserting a semicolon at the end of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, and by adding immediately thereafter the following:
"(33) Zolpidem."
Section 5.1. Said chapter is further amended by striking subsection (d) of Code Sec tion 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine, and inserting in its place the following:
"(d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (6) (6) of Code Section 16-13-25, in violation of this article com mits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory mini mum term of imprisonment of five years and shall pay a fine of $50,000.00; and
(2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00."
Section 6. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(475.1) lobexol; (1042.07) Zolpidem;".
Section 7. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following para graphs:
"(62.3) Apraclonidine; (62.5) Aprotinin; (151.7) Cefmetazole; (153.9) Cefuroxime; (194.7) Cisapride; (195.3) Cladribine; (332.7) Enoxaparin; (408.3) Gadodiamide;

678

JOURNAL OF THE HOUSE,

(428.5) (517.3) (529.9) (703.5) (838.5) (973.5)

Goserelin; Levomethadyl; Loratadine; Perflubron; Ribavirin; Torsemide;".

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

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

Y 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
Brooks. T Y Brown YBuck Y Buckner Y Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers E Clark Y Coker Y Coleman, B
Y Coleman, T

Colwell Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G
Y Davis, M Y Dickinson
YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
YEpps Y Evans
Y Felton Y Floyd, J.M
Floyd, J.W
Y Godbee Y Golden
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 Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Lakly
Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
Lord Lucas Y Maddox YMann Y Martin Y McBee Y McClinton McKinney Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller Y Oliver
Y O'Neal Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
Ray Reaves Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Simpson
Y Sinkfield 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 Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Thomas 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
Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 143, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Cauthorn of the 35th, Hammond of the 32nd, Lakly of the 105th, 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.

TUESDAY, FEBRUARY 8, 1994

679

HB 1226.

By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to issue certain temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to adopt rules relative to the issuance of temporary permits; to define a certain term; to pro vide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relat ing to real estate appraisers, is amended by striking in its entirety Code Section 43-39A-6, relating to the seal of the Georgia Real Estate Appraisers Board and related matters, and inserting in lieu thereof the following:
"43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certi fied by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the his tory of appraisers for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by redesignating subsection (e) of Code Section 43-39A-8, relating to the establishment of appraiser classifications complying with federal law, as subsection (d) and by striking in its entirety the current subsection (d), which reads as follows:
"(d) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following:
(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property;
(2) An understanding of the basic principles of land economics and the real estate appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process;
(3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceed ings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real estate appraisal activity."

680

JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by inserting at the end of Code Section 43-39A-9, relating to the requirements for out-of-state applicants for a real estate apprais er's license, the following:
"(d) The board is authorized to promulgate rules consistent with guidelines estab lished by the Appraisal Subcommittee for the granting of a temporary practice permit to an appraiser classified in another state in order to allow such appraiser to perform an appraisal for a single federally related transaction on property located in this state."
Section 4. Said chapter is further amended by striking in its entirety Code Section 43-39A-14, relating to grounds for refusing an application for appraiser classification and related matters, and inserting in lieu thereof the following:
"43-39A-14. (a) Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board.
(b) (1) As used in this subsection, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regard
less of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.
(B) 'Felony' includes any offense which, if committed m this state, would be deemed a felony, without regard to its designation elsewhere. (2) Where an applicant for an appraiser classification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpi tude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of an appraiser classification. As used in this chapter, the
deemed a Iciony, witnout regard to its designation clscwncrc; and, as used H^ tnis cnaptCF, tnc term conviction snail include d rinding or verdict ot guilty or a pica &f guilty, regardless ot wnctncr an appeal &f tnc conviction nas ucen sougnt. w ncrc an

applicant was granted lirst oiicndcr treatment witnout adjudication &t guilt pursuant to the charge, er pleaded note contendere to such charge, seh sentencing m ttstf- may
appraiser classification who has been convicted of any offense enumerated in this sateacction paragraph may be issued an appraiser classification by the board only if:
(i) (A) At least five years have passed since the applicant was convicted, sen tenced, or released from any incarceration, whichever is later;
{2} (B) No criminal charges are pending against the applicant; and {3} (C) The applicant presents to the board satisfactory proof that the appli cant now bears a good reputation for honesty, trustworthiness, integrity, and compe tence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is con cluded, such conviction may in itself be a sufficient ground for refusal of an appraiser classification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the appraiser classification.

TUESDAY, FEBRUARY 8, 1994

681

(e) Grounds for suspension or revocation of an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant an appraiser classification.
(f) The conduct provided for in subsections (a) through (d) and subsection (h) of this Code section which relates to the denial of an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser.
(g) tf a appraiser; Whenever the board initiates an investigation as provided in Code Section 43-39A-22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser:
(1) Voluntarily surrenders an appraiser classification to the board; (2) Allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allows an appraiser classification to lapse due to failure to pay any required fees2 and if such surrender or lapsing takes place after the board has initiated an investiga tion pursuant to Code Section 43-39A-22 but before the board files a notice of hearing, the board may issue an order revoking the appraiser's appraiser classification and pro vide a copy of such order to the appraiser. The order will be effective ten days after the appraiser receives a copy of the order unless the appraiser makes a written request for a hearing before the board, in which event the board will file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If an4 such~surrender or lapsing occurs after the board has filed a notice of hearing alleg ing that such appraiser has violated any provision of this chapter or the rules and regu lations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classification to such person. (h) Where an applicant for an appraiser classification has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of an appraiser classification. An applicant for an appraiser classification who has had an occupational registration, license, or certification revoked by any occupational licensing body of this state, any other state, or any foreign country may be granted an appraiser classification by the board only if: (1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked; (2) No criminal charges are pending against the applicant at the time of applica tion; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that convic tion. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction per mitted by this chapter."
Section 5. Said chapter is further amended by striking at the end of paragraph (15) of subsection (a) of Code Section 43-39A-18, relating to penalties for violations of said chapter, the word "or", by striking at the end of paragraph (16) of said Code section the symbol "." and inserting in lieu thereof the symbol ";", and by inserting at the end of such subsection the following:
"(17) Providing an oral appraisal report in a federally related transaction; or (18) Utilizing the services of any person in other than a ministerial capacity whose appraisal classification is suspended or revoked in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal."

682

JOURNAL OF THE HOUSE,

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
Baker Y Bannister Y Barfoot Y Bargeron Y Barries
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 Y Canty Y Carlisle
Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers E Clark Y Coker
Y Coleman, B Y Coleman, T

Colwell Connell Y Cox
Y Crawfoid Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, <V1 Y Dickinson
Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Y Epps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M Y Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard
Y Hudson Y Hughes
Hugley Y Irvin Y James Y Jamieson
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 Lawson YLee Y Lewis Lord Lucas
Y Maddox Y Mann
Y Martin Y McBee Y McClinton
McKinney Milam N Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
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, A Y Purcell, B E Randall
Y Randolph YRay Y Reaves
Reichert Y Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield 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
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Y Walker Y Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 145, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Carrell of the 87th, Cauthorn of the 35th, Hugley of the 133rd, Jenkins of the 110th 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.

HB 1227.

By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first offender treatment and pleas of nolo contendere for certain offenses.

The following Committee substitute was read and adopted:

TUESDAY, FEBRUARY 8, 1994

683

A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first offender treatment and pleas of nolo contendere for certain offenses; to provide that the real estate commission may impose certain sanctions if the real estate commission of another state has imposed sanctions against a state licensee; to provide that a real estate broker's firm shall pay certain fees only to per sons whose licenses have been assigned to such firm; to provide that if all partners of a partnership are corporations, the qualifying broker of such a partnership must be a corpo rate officer whose actions are binding on both the corporation and partnership; to provide that the qualifying broker for a firm which operates as a limited partnership must be the general partner; to provide that if the general partner of a limited partnership is a corpo ration, the qualifying broker of such a limited partnership must be an officer of that cor poration whose actions are binding on both the corporation and the general partner; 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 by striking in its entirety Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, and inserting in lieu thereof the following:
"43-40-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenti cate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commis sioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by striking in their entireties subsections (b) and (f) of Code Section 43-40-15, relating to the granting, revocation, and suspension of real estate licenses, and inserting in lieu thereof, respectively, the following:
"(b) (1) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regard
less of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.
(B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. (2) Where an applicant for a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a license. As tweet i this Code section, the
deemed a felony, without regard te tta designation elsewhere; and; as used in this Code ttic term conviction1 sn&ii include ft finding OP verdict of guilty of ft pics of of wnciner ftft dppcfli of tnc conviction n&9 occn sou^nt. w ncrc &n

granted fest offender treatment without adjudication ef- guilt pursuant tet the charge,

684

JOURNAL OF THE HOUSE,

er pleaded nete contcndcrc te such charge, such sentencing m itaclf may be a oufficicnt ground for refusal ef license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if:
41} (A) At least ten years have passed since the applicant was convicted, sen tenced, or released from any incarceration, whichever is later;
(2) (B) No criminal charges are pending against the applicant; and 43} (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public." "(f) The conduct provided for in subsections (a), (b), (c), and (d)2 and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee."
Section 3. Said chapter is further amended by striking in their entireties subsections (c) and (e) of Code Section 43-40-18, relating to the management of real estate brokers' firms and licensed affiliates and inserting in lieu thereof, respectively, the following:
"(c) The real estate brokerage activities of each firm shall be under the direct man agement and supervision of a broker or qualifying broker. The broker or qualifying bro ker shall be responsible for establishing, implementing, and continuing procedures for:
(1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations;
(2) Providing programs for study and review of this chapter and its rules and regu lations for all licensed associates;
(3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract;
(4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations;
(5) Ensuring that the f-ma pays te its affiliated licensees commissions for performin trie sets of ft licensee oniy it tney mflintsin vflirtij current PCQI est/dtc licenses &no that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure and that when it pays compensation to an individual licensee, other than another firm, the license of such individual licensee was assigned to the firm by the commission at the time such individual licensee earned the compensation paid;
(6) Ensuring that proper disbursements are made from trust accounts; (7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain; (8) Providing all licensed personnel with written policies and procedures under which they are expected to operate; (9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the com mission shall not regulate the content of such agreements or enforce their provisions; and (10) Assuring that an individual with appropriate management authority is reason ably available to assist licensees and the public in real estate transactions handled by the firm." "(e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be a corporate officer whose actions are binding on both the

TUESDAY, FEBRUARY 8, 1994

685

corporation and partnership. The qualifying broker for a firm which operates as a lim ited partnership must be the general partner. If the general partner of a limited partner ship is a corporation, the qualifying broker of such a limited partnership must be an officer of that corporation whose actions are binding on both the corporation and the general partner. The qualifying broker for a firm which operates as a limited liability company must be a member. The qualifying broker for a firm which operates as a corpo ration must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D
Brooks, T Y Brown YBuck
Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
Carlisle Carrell Y Carter Cauthorn
Y Chambless Y Chandler Y Channell
Y Childers E 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 Y Dixon, H Y Dixon, S Y Dobbs 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
Manner Y Harris, B Y Harris, M N Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y 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 Y Lawrence Y Lawson
YLee Y Lewis
YLord Lucas
Y Maddox Y Mann
Martin
Y McBee Y McClinton
McKinney Milam Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley
Mueller Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Simpson Y Sinkfield
Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W
Smyre Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor N Teague Y Teper
Thomas Y Tillman
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, the ayes were 142, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Carrell of the 87th, Cauthorn of the 35th, Milam of the 130th, Smith of the 174th, Snow of the 2nd and Thomas of the 100th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 1391.

By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd, Watson of the 139th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 36 of such title, the "Georgia Polygraph Examiners Act".

686

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
Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick
Breedfove Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner
Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler
Y Channell Y Childers E 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 Y Dix
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
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 Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, D.H Y Johnson, E Y Johnson, G
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 Y Lee Y Lewis YLord
Y Lucas Y Maddox YMann
Martin Y McBee Y McClinton
Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley N Mueller
Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall
Y Randolph YRay
Reaves Y Reichert Y Roberts
Y Royal Scoggins
Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield
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 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 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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.

HB 1307.

By Representative Coker of the 31st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide certain changes in the manner in which the Commissioner of Insurance handles rate filings.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide certain changes in the manner in which the Commissioner of Insurance handles rate filings; to provide for related matters; to repeal conflicting laws; and for other pur poses.

TUESDAY, FEBRUARY 8, 1994

687

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 the regulation of insurance rates, underwriting rules, and related organizations, is amended by striking subsections (b) and (e) of Code Section 33-9-21, relating to mainte nance and filing of rates, rating plans, rating systems, or underwriting rules, in their entirety and inserting in their place the following:
"(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his or her office and such filing has been approved by the Commis sioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commis sioner. The Commissioner shall be authorized to extend such 45 day period by no more than 55 te business days at his or her discretion. If a filing is disapproved, notice of such disapproval order shall be given within 100 days of receipt of filing by the Commis sioner, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order2 and such hearing shall commence within 30 days after such request. Such hearing, once commenced, may be postponed or recessed by the Commissioner only for weekends, holidays, or after normal working hours or at any time by mutual consent of all parties to the hearing. The Commissioner may also, at his or her discretion, recess any hearing for not more than two recess periods of up to 15 consecutive days each. In connection with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner may must affirm, modify, or reverse his or her previous action within the time period provided in subsection (a) of Code Section 33-2-23 relative to orders of the Commis sioner. The requirement of approval or disapproval of a rate filing by the Commissioner under this subsection shall not prohibit actions by the Commissioner regarding compli ance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval."
"(e) When a rate filing of an insurer required under subsection (d) of this Code sec tion results in any overall rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in support of such filing, and any other component of the rate filing; pro vided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he or she has suf ficient information to evaluate such rate increase and that the cost thereof would not be justified, he or she may waive all or part of such examination. In all other rate filings required k under subsection (d) of this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notification by the Commissioner of his or her intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, how ever, if the Commissioner makes an affirmative finding that the examination may not be completed within the 90 day period, he or she may extend said such time for an one additional 60 days day period. Any examination required under this Code section shall be conducted in accordance with Chapter 2 of this title."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

688

JOURNAL OF THE HOUSE,

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

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

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

Howard Y Hudson Y Hughes
Y Hugley Y Irvin
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 Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
Y McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver
Y O'Neal Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Powell
Y Purcell, A Y Purcell, B E Randall Y Randolph YRay
Reaves Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
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
Y Stanley, P Y Stephenson
Y Streat Y Taylor
Teague
Y Teper Y Thomas 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 Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Carrell of the 87th and Powell of the 23rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 866. By Representative Powell of the 23rd:
A bill to amend Chapter 8 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of blasting operations, so as to provide that blasters shall be licensed in compliance with Code Section 25-2-17, relating to regulation of manufacture, transport, use, sale, or storage of explosives.

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

TUESDAY, FEBRUARY 8, 1994

689

Y Brooks, T Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter
Y Byrd Y Campbell
Y Canty Carlisle
Y Carrell Y Carter
Cauthorn Y Chambless
Y Chandler Y Channell
Y Childers E Clark Y Coker Y Coleman, B Y Coleman, T
Colwell Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Y Dix 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
Goodwin Y Greene Y Groover Y7 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 Irvin 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
Maddox YMann Y Martin
Y McBee Y McClinton
Y McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver

Y O'Neal 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, A Y Purcell, B E Randall Y Randolph YRay
Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas 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 Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1399.

By Representatives Powell of the 23rd, Parham of the 122nd, Harris of the 112th and Chandler of the 99th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses to persons com pleting a defensive driving course or alcohol or drug program, so as to autho rize the Department of Human Resources to require surety bonds of DUI alcohol or drug use risk reduction programs.

The following amendment was read and adopted:

Representative Buck of the 135th moves to amend HB 1399 by striking line 24 of page 3 in its entirety and inserting in lieu thereof the following:
"shall may charge a fee of more than $60.00 not more than $60.00 for a".

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 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 Y Byrd Y Campbell Y Canty

Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers

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

690

JOURNAL OF THE HOUSE,

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix
Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart Y Epps
Evans Y 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 Henson
Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y Irvin
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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson

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

Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall
Y Randolph YRay
Reaves Y Reichert Y Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
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
Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas 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

On the passage of the Bill, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 386 Do Pass
Respectfully submitted, Is/ Cummings of the 27th
Chairman

Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HR 661. By Representative Lane of the 55th:
A resolution urging the President and Congress of the United States to take certain action with regard to federally mandated programs affecting states and local governments.

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

Y Ashe Y Atkins
Y Bailey

Y Baker
Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong
Bordeaux

Y Bostick Y Breedlove Y Brooks, D

TUESDAY, FEBRUARY 8, 1994

691

Brooks, T Y Brown YBuck
Y Buckner Bunn
Y Burkhalter YByrd Y Campbell Y Canty
Carlisle Y Carrell
Y Carter Cauthorn
Y Chambless Y Chandler
Channell
Y Childers E 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 Ehrhart
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
Henson Y Holland
Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinton
Y McKinney 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
Parrish Patten Y Pelote
Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C Y Smith, L
Y Smith, P

Y Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow Y Stancil, F
Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Teper
Y Thomas 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
Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Channell of the lllth 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.

SB 253. By Senators Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 47-9-73 of the Official Code of Georgia Anno tated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to provide that any member who rejected spouses benefits coverage may obtain such coverage by paying all required past amounts; to provide for related matters; to provide conditions for an effective date and for automatic repeal.

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

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

Breedlove Y Brooks, D Y Brooks, T
Brown YBuck Y Buckner 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 YCox

Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M
N Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart YEpps

Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden Y Goodwin
Y Greene Y Groover
Hammond Hanner Y Harris, B Y Harris, M

692

JOURNAL OF THE HOUSE,

YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hughes Y Hugley N Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce NKaye

Y Kinnamon Y Klein YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas N Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam N Mills Y Mobley, B Y Mobley, J Y Moore

Y Mosley Mueller
Y Oliver Y O'Neal
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, A Y Purcell, B E Randall Y Randolph YRay
Reaves

Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T N Smith, V
Y Smith, W Y Smyre
Snow Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson

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

On the passage of the Bill, the ayes were 149, nays 11. The Bill, having received the requisite constitutional majority, was passed.

Representatives Brown of the 117th and Hammond of the 32nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 1362.

By Representatives Barnes of the 33rd, Towery of the 30th and Hammond of the 32nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to regulate and restrict the expenditure of public marketing resources.

The following Committee substitute was read:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to regulate and restrict the expenditure of public marketing resources; to pro vide for a short title; to provide for legislative findings and declarations; to provide for definitions; to prohibit the use or expenditure of public marketing resources with media outlets that do not serve the public interest; to provide for enforcement; to provide for rea sonable access to media outlets; to provide for the inspection of records and the copying thereof; to provide for agreements and the contents thereof; to prohibit certain policies and practices; to provide for liability and damages; to provide for costs of enforcement and attorneys' fees; to provide for exceptions; to provide for other matters relative to the fore going; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state gov ernment, is amended by adding at the end thereof a new Chapter 28 to read as follows:
"CHAPTER 28
50-28-1. This chapter shall be known and may be cited as the 'State Marketing in the Public Interest Act.'

TUESDAY, FEBRUARY 8, 1994

693

50-28-2. It is found and declared by the General Assembly that the State of Georgia will only spend advertising and marketing resources with such media outlets that oper ate in a manner consistent with serving the public interest. Accordingly, it is the policy of the State of Georgia to foster the education of the electorate because the vitality of government depends upon providing voters with the information necessary to make informed choices. Television, radio, and cable advertising is one of the more effective methods to advise voters of candidacies, issues, positions, and policies. It is the policy of the State of Georgia to encourage television, radio, and cable outlets to accept politi cal advertising by providing for the exclusive expenditure of public marketing resources on those media outlets which accept political advertising from legally qualified candi dates for nonfederal elective offices.
50-28-3. As used in this chapter, the term: (1) 'Legally qualified candidate' means any person who: (A) Has publicly announced his or her intention to run for nomination or office; (B) Is qualified under the applicable local or state law to hold the office for which he or she is a candidate; and (C) (i) Has qualified for a place on the ballot; or (ii) Satisfies the requirements of a write-in candidate under Code Section 21-2-133. (2) 'Media outlet' means any television or radio station, television or radio net
work, cable operator, or cable network. (3) 'Nonfederal elective office' means any public office other than President, Vice
President, member of the United States Senate, or member of the United States House of Representatives.
(4) 'Public marketer' means any state agency as defined by subsection (a) of Code Section 50-14-1 or the Georgia Lottery Corporation.
(5) 'Public marketing resources' means any advertising expenditures or marketing agreements made or entered into by a public marketer. This term is intended to include any consideration, including noncash consideration, received by either the public marketer or the media outlet. 50-28-4. (a) Public marketing resources may only be spent with media outlets that allow reasonable access to or permit purchase of reasonable amounts of time for the use of such outlet by a legally qualified candidate for nonfederal elective office on behalf of his or her candidacy. By accepting public marketing resources after July 1, 1994, a media outlet agrees to allow reasonable access to or permit purchase of reasonable amounts of time for the use of such media outlet by a legally qualified candidate for nonfederal elective office on behalf of his or her candidacy for a period of two years after the acceptance of public marketing resources. In providing reasonable access, media outlets may take into consideration their broader programming and business com mitments, including the multiplicity of candidates in a particular race, the program dis ruption that will be caused by political advertising, and the amount of time already sold to a candidate in a particular race. Media outlets may not adopt a policy that flatly bans legally qualified candidates for nonfederal elective office from access to the types, lengths, and classes of time which they sell to commercial advertisers. Media outlets must make spot announcements available in prime time. (b) Any media outlet that accepts public marketing resources shall make records of such transactions available to the public for inspection and copying, at reasonable copy ing expenses, during regular business hours, for a period of five years from the date of said agreements or performance of said agreements, whichever is later. In addition to requirements under Chapter 14 of this title, the public marketer shall make records of such transactions available to the public for inspection and copying, at reasonable copy ing expenses, during regular business hours, for a period of five years from the date of said agreements or performance of said agreements, whichever is later. (c) Should a media outlet willfully fail to comply with this Code section, said media outlet shall be liable to the public marketer for an amount as determined by the trier of fact of up to three times the amount of consideration received from the public marketer during the previous 12 months. Where a media outlet receives noncash consid eration from a public marketer, payment shall be based on an amount as determined

694

JOURNAL OF THE HOUSE,

by the trier of fact of up to three times the fair market value of said noncash considera tion. Said funds shall be paid to the public marketer. Any such funds paid to the Geor gia Lottery Corporation shall be used as 'net proceeds' under paragraph (14) of Code Section 50-27-3 and shall not be used to calculate the distribution percentages provided for in paragraph (3) of subsection (a) of Code Section 50-27-13. This Code section may be enforced by the public marketer or by a citizen of this state. The enforcing party or parties who prevail will be entitled to an award of costs of enforcement, including rea sonable attorneys' fees.
(d) This Code section shall not apply to media outlets that received less than $50,000.00 in consideration from public marketers in the 12 months prior to a request for access. Nothing in this subsection shall relieve a public marketer of obligations under subsection (b) of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Hudson of the 156th moves to amend the Committee substitute to HB 1362 as follows:
Section D line 4 change $50,000 to $500.

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 N Barfoot N Bargeron N Barnes N Bates Y Benefield N Birdsong
N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T N Brown N Buck N Buckner N Bunn N Burkhalter NByrd N Campbell N Canty Y Carlisle N Carrell Y Carter
N Cauthorn N Chambless Y Chandler N Channel! Y Childers N Clark N Coker N Coleman, B
Coleman, T

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

N Howard
Y Hudson N Hughes N Hugley N Irvin N James
N Jamieson N Jenkins N Johnson, D.H N Johnson, E N Johnson, G N Johnson, J N Johnston N Jones N Joyce
Kaye N Kinnamon
Klein NLadd N Lakly N Lane, D N Lane, R N Lawrence N Lawson YLee N Lewis NLord
Lucas N Maddox NMann N Martin N McBee
N McClinton Y McKinney N Milam N Mills

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

On the adoption of the amendment, the ayes were 21, nays 145. The amendment was lost.

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

TUESDAY, FEBRUARY 8, 1994

695

Due to a mechanical malfunction, the vote of Representative Klein of the 39th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Kaye of the 37th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read and adopted:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1362 as follows:
P. 4 lines 20 & 25 change "three" to "four".

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 N Baker Y Bannister Y Barfoot Y Bargeron Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux
Y Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown N Buck Y Buckner \' Bunn Y Burkhalter N Byrd Y Campbell Y Canty N Carlisle Y Carrell
Y Carter Y Cauthorn N Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman, B
Coleman, T

Colwell
Y Connell Y Cox Y Crawford Y Crews N Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H N Dixon, S Y Dobbs 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
N Manner Y Harris, B Y Harris, M YHart N Heard N Hegstrom Y Hembree N Henson N Holland Y Holmes

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

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 129, nays 40.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representatives Kaye of the 37th 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.

696

JOURNAL OF THE HOUSE,

HB 1594.

By Representatives Chambless of the 163rd, Walker of the 141st and Stancil of the 16th:
A bill to amend Code Section 28-1-16 of the Official Code of Georgia Anno tated, relating to issuance of subpoenas for proceedings of the ethics commit tees of the General Assembly, so as to provide that the chairperson or acting chairperson of either committee may initiate an application for issuance of a subpoena.

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

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

Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth
Cummings N Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Epps 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

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

N 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
Perry Y Pinholster
YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B E Randall Y Randolph
Ray Y Reaves Y Reichert N Roberts Y Royal
N Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield
Skipper

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

On the passage of the Bill, the ayes were 131, nays 19. The Bill, having received the requisite constitutional majority, was passed.

Representatives Johnson of the 153rd, Ladd of the 59th and Westmoreland of the 104th 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 1493.

By Representatives Davis of the 48th, Stanley of the 50th and McKinney of the 51st:
A bill to amend Code Section 43-38-6 of the Official Code of Georgia Anno tated, relating to qualifications for a license to engage in the private detec tive or private security business, so as to change the requirements for licensure of private detective and private security businesses.

TUESDAY, FEBRUARY 8, 1994

697

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 Barfuot
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
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

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 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 Y Hart
Y Heard Y Hegstrom Y Hembree Y Henson
Holland Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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
Ladd Y Lakly Y Lane, D
Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney 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
Poag Y Polak
Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skipper

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

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Holland of the 157th, Ladd of the 59th and Smyre of the 136th 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 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.

698

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 9, 1994

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 Don Butler, First Baptist Church, Douglasville, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1713. By Representatives Johnston of the 81st, Wall of the 82nd, Bannister of the 77th, Coleman of the 80th, Breedlove of the 85th and others: A bill to provide a homestead exemption from Gwinnett County ad valorem taxes for county purposes for a period of two years for residents who have expended $5,000.00 or more in improving the homestead in a two-year period.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1714. By Representatives Baker of the 70th and Sherrill of the 62nd: A bill to amend Code Section 52-7-5 of the Official Code of Georgia Anno tated, relating to the numbering of vessels, so as to provide application fees for certificates of number for vessels.
Referred to the Committee on Game, Fish & Parks.

WEDNESDAY, FEBRUARY 9, 1994

699

HB 1715. By Representatives Cox of the 160th and Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.
Referred to the Committee on Judiciary.

HB 1716. By Representatives Baker of the 70th, Turnquest of the 73rd, Mobley of the 69th, McClinton of the 68th, Polak of the 67th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehi cles, so as to authorize an additional fee for the purchase of license plates by mail.
Referred to the Committee on Motor Vehicles.

HB 1717. By Representatives Jones of the 71st, Baker of the 70th, O'Neal of the 75th, Teper of the 61st, Hegstrom of the 66th and others:
A bill to amend Code Section 12-8-39 of the Official Code of Georgia Anno tated, relating to cost reimbursement fees for certain solid waste disposal facilities, so as to increase the amount of surcharges allowed.
Referred to the Committee on Natural Resources & Environment.

HB 1718. By Representatives Hegstrom of the 66th, Walker of the 141st, Martin of the 47th, Mobley of the 69th, Teper of the 61st and others:
A bill to transfer the functions of the Secretary of State and the Department of Archives and History relating to American Indians; to amend Article 7 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to protection of American Indian human remains and burial objects, so as to provide that certain powers and duties formerly assigned to the Secretary of State shall be exercised and performed by the commissioner of natural resources or such official's designee.
Referred to the Committee on Natural Resources & Environment.

HB 1719. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the board of commissioners of Decatur County, so as to provide for an additional member of the board of commis sioners to be elected at large by the qualified voters of the county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1720. By Representatives Howard of the 118th, Hart of the 116th, Brown of the 117th, Williams of the 114th and Padgett of the 119th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to specify unlawful practices with respect to bid ding on contracts for procurement of goods or supplies by municipal corpora tions or counties; to provide that acceptance by a local government of other than the lowest bid for goods and supplies must be by unanimous vote of all members of the governing body.
Referred to the Committee on State Planning & Community Affairs.

700

JOURNAL OF THE HOUSE,

HB 1721. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Decatur County, so as to provide for the nonpartisan election of the members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1722. By Representatives Jones of the 71st, Henson of the 65th and O'Neal of the 75th:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Anno tated, relating to permits for solid waste or special solid waste handling, dis posal, or thermal treatment technology facilities, so as to provide that no permit for the construction of or major modification to any such facility shall be issued unless approved by the governing authority of the political subdivi sion in which such facility is located and ratified by the electors of such political subdivision.
Referred to the Committee on Natural Resources & Environment.

HB 1723. By Representative Cummings of the 27th:
A bill to amend Code Section 47-21-4, relating to employee contributions under the Regents Retirement Plan, so as to provide that the board of trust ees of such plan shall establish the rate of employee contributions within cer tain limits.
Referred to the Committee on Retirement.

HB 1724. By Representatives Mosley of the 171st, Atkins of the 29th, Chandler of the 99th, Channell of the lllth, Byrd of the 170th and others:
A bill to amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local school boards relative to public school property and facilities, so as to provide for definitions; to provide for a notation identifying the original architect or engineer.
Referred to the Committee on Education.

HB 1725. By Representatives Snow of the 2nd, Perry of the llth, Joyce of the 1st and Poston of the 3rd:
A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Anno tated, relating to general provisions regarding social services, so as to provide for audits of nonprofit corporations and corporations for profit which are subsidiaries of or created or controlled by community action agencies.
Referred to the Committee on State Planning & Community Affairs.

HB 1728. By Representatives Dixon of the 150th and Watson of the 139th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, the "High-voltage Safety Act," so as to repeal Code Section 46-3-36, relating to certain administration and enforcement activities by the Commissioner of Labor.
Referred to the Committee on Industry.

WEDNESDAY, FEBRUARY 9, 1994

701

HB 1729. By Representative Dixon of the 150th:
A bill to amend Code Section 52-2-10 of the Official Code of Georgia Anno tated, relating to applicability of traffic laws to roads within the jurisdiction of the Georgia Ports Authority, so as to add Georgia certified peace officers to the list of those persons authorized to arrest and enforce law and order within the jurisdiction of the Georgia Ports Authority.
Referred to the Committee on Public Safety.

HB 1730. By Representative Teague of the 58th:
A bill to amend an Act creating a new charter for the City of Union City, so as to clarify the manner in which elections are held in the City of Union City; to provide that the mayor and councilmembers shall be elected by plu rality vote.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1731. By Representatives Coleman of the 80th, Johnston of the 81st, Bannister of the 77th, Johnson of the 84th and Stephenson of the 25th:
A bill to amend Code Section 6-4-7 of the Official Code of Georgia Anno tated, relating to powers of the Georgia Airport Development Authority, so as to require notice, a public hearing, and the approval of the governing authority of any county in which a project of the Georgia Airport Develop ment Authority is to be located.
Referred to the Committee on Transportation.

HB 1732. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensa tion of said judge; to provide for a secretary for such judge.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1733. By Representative Hudson of the 156th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Ben Hill County and for the election of members of the said board, so as to provide that primaries and elections for the members of the board shall be nonpartisan.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1734. By Representatives Carlisle of the 107th, Walker of the 141st, Polak of the 67th, Chambless of the 163rd, Lewis of the 14th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to repeal cer tain provisions relating to the revenue shortfall reserve and the midyear adjustment reserve; to create the Revenue Stabilization Fund for the stabili zation of the expected revenues of the state.
Referred to the Committee on Appropriations.

702

JOURNAL OF THE HOUSE,

HB 1735. By Representatives Sinkfield of the 57th, Polak of the 67th, McBee of the 88th, Ashe of the 46th, Cauthorn of the 35th and others:
A bill to amend Chapter 7 of Title 49 of the Official Code of Georgia Anno tated, the "Family-Planning Services Act," so as to provide for a statement of intent; to provide that family-planning services shall be made available to all persons who request such services; to provide that such services be made available at certain times.
Referred to the Committee on Health & Ecology.

HB 1736. By Representative Holmes of the 53rd:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, relating to elections and primaries generally, so as to change the com pensation of the chief registrar, other registrars, and the chief deputy registrar.
Referred to the Committee on Governmental Affairs.

HB 1737. By Representative Mosley of the 171st:
A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the name of the police court in accordance with O.C.G.A. Sec tion 36-32-1.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 888. By Representatives White of the 161st and Holmes of the 53rd:
A resolution proposing an amendment to the Constitution so as to provide that the holding of raffles by nonprofit organizations shall be lawful under the Constitution but may be restricted, regulated, or prohibited by law.
Referred to the Committee on Rules.
HR 889. By Representatives McBee of the 88th and Cox of the 160th:
A resolution creating the House Study Committee on the Adoption of the Uniform Interstate Family Support Act.
Referred to the Committee on Rules.
HR 894. By Representatives Reichert of the 126th, Lee of the 94th, Ladd of the 59th and Epps of the 131st:
A resolution proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amend ment to the United States Constitution; to provide that the State of Georgia may impose regulations concerning the times, places, circumstances, and con ditions under which alcoholic beverages can be sold or used in this state.

Representative Reichert of the 126th moved that HR 894 be ordered engrossed. On the motion, the roll call was ordered and the vote was as follows:

Ashe Y Atkins
Bailey

Y Baker N Bannister Y Barfoot

Y Bargeron Y Barnes N Bates

N Benefield Birdsong
Y Bordeaux

Y Bostick N Breedlove Y Brooks, D

WEDNESDAY, FEBRUARY 9, 1994

703

Brooks, T Y Brown Y Buck
N Buckner N Bunn N Burkhalter
Byrd
Campbell Canty Carlisle Y Carrell Y Carter Cauthorn
Chambless Chandler Y Channell Y Childers N Clark N Coker N Coleman, B
Coleman, T Colwell
Connell N Cox
N Crawford Crews
Y Culbreth Y Cummings Y Davis, G
Davis, M Y Dickinson N Dix Y Dixon, H

Y Dixon, S Y Dobbs N Ehrhart Y Epps N Evans
Felton Y Flovd, J.M Y Floyd, J.W
Y Godbee Golden Goodwin
Y Greene Y Groover
Hammond Y Manner Y Harris, B
Harris, M
Hart Y Heard N Hegstrom
Hembree Henson Y Holland Holmes Howard Hudson N Hughes
Y Hugley N Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H

N Johnson, E
N Johnson, G N Johnson, J
Y Johnston Y Jones N Joyce NKaye N Kinnamon N Klein N Ladd N Lakly Y Lane, D
Lane, R
N Lawrence N Lawson
YLee N Lewis
Lord Lucas N Maddox N Mann Martin
Y McBee McClinton
Y McKinney Milam
N Mills N Mobley, B Y Mobley, J N Moore
Y Mosley N Mueller N Oliver

On the motion, the ayes were 69, nays 58. The motion was lost.

N O'Neal Orrock
Y Padgett Y Parharn
Parrish
Y Patten N Pelote N Perry N Pinholster
Poag N Polak
Porter
Y Poston Y Powell N Purcell, A Y Purcell, B E Randall Y Randolph
Ray Y Reaves Y Reichert N Roberts Y Royal
Y Scoggins Y Shanahan N Sherrill N Shipp
Simpson Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P

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

Representatives Campbell of the 42nd and Davis of the 60th 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.
Referred to the Committee on Regulated Beverages.

HR 895. By Representatives Carlisle of the 107th, Walker of the 141st, Polak of the 67th, Chambless of the 163rd, Lewis of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the General Assembly to establish the Revenue Stabilization Fund to pro vide a mechanism whereby the state can accumulate and save in such fund a percentage of tax revenues from income taxes and sales and use taxes dur ing years of above-average revenue growth and can appropriate moneys from such fund to cover revenue shortfalls which occur in other years.
Referred to the Committee on Appropriations.

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

HB 1754. By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to provide that certain provisions for merly applicable to counties having a population of more than 100,000 shall apply to counties having a population of more than 96,000; to provide for certain additional eligibility requirements for judges of the probate courts in such counties.
Referred to the Committee on Judiciary.

704

JOURNAL OF THE HOUSE,

HB 1758. By Representatives Teper of the 61st, Sinkfield of the 57th, Brooks of the 54th, Davis of the 48th, Turnquest of the 73rd and others:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Environmental Equity and Justice Commission.
Referred to the Committee on Natural Resources & Environment.

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

HB 1685 HB 1686 HB 1687 HB 1688 HB 1689 HB 1690

HB 1710 HB 1711 HB 1712 HB 1726 HB 1727 HR 874

HtiRo
HB 1694 HB 1695
HB 1696 HB 1697 HB 1698 HB 1699 HB 1700
HHRB 11770m1
HHBB 11770023 HB 1704 HB 1705 HB 1706 HB 1707 HB 1708 HB 1709



~

SB 452

GD ACC ! TM |E ** |E 2?? |E !!
,,,, ,,l
SEB 5w25

B 5d6

SB 546 SB 551

SB 584 SB 585

SR 426

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1472 Do Pass
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:

WEDNESDAY, FEBRUARY 9, 1994

705

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 873 Do Pass HR 880 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Dobbs of the 92nd District, Vice-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 Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1616 Do Pass HB 1617 Do Pass HR 814 Do Pass, as Amended HR 816 Do Pass HR 817 Do Pass HR 818 Do Pass

HR 819 Do Pass HR 823 Do Pass HR 842 Do Pass HR 859 Do Pass HR 861 Do Pass

Respectfully submitted, /s/ Dobbs of the 92nd
Vice-Chairman

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

Mr. Speaker:

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

HB 1109 Do Pass, by Substitute HB 1660 Do Pass HB 1668 Do Pass HB 1669 Do Pass

HB 1678 Do Pass HB 1679 Do Pass HB 1682 Do Pass

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

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1517 Do Pass

706

JOURNAL OF THE HOUSE,

Respectfully submitted, Is,/ Buck of the 135th
Chairman

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

HB 1109. By Representative Lawson of the 20th: A bill to provide a new charter for the City of Lula.

The following Committee substitute was read and adopted:

A BILL
To provide a new charter for the City of Lula; to provide for incorporation, bounda ries, and powers of the city; to provide for a governing authority of such city and the pow ers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and pro cedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibil ities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
Section 1.10. Incorporation. The City of Lula in Hall County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the "City of Lula." References in this charter to "the city" or "this city" refer to the City of Lula. The city shall have perpetual existence.
Section 1.11. Corporate boundaries. The boundaries of this city shall be those exist ing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Lula, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
Section 1.12. Municipal powers, (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and com pletely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The spe cific mention or failure to mention particular powers shall not be construed as limiting in

WEDNESDAY, FEBRUARY 9, 1994

707

any way the powers of this city. Said powers shall include, but are not limited to, the fol lowing:
(1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;
(2) Animal regulations. To regulate and license or to prohibit the keeping or run ning at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordi nance; and to provide punishment for violation of ordinances enacted under this para graph;
(3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city;
(4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt build ing, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law;
(5) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for the failure to pay any city taxes or fees;
(6) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted;
(7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;
(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
(9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash col lection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corpora tions residing in or doing business within the city and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any

708

JOURNAL OF THE HOUSE,

jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise con trol over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish depart ments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers con ferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, and hold in trust or oth erwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;
(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sew ers, and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; and to provide for the with drawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurte nances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance;
(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted pursu ant to the authority of this charter and the laws of the State of Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing commu nity;
(24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency;
(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, air
ports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational,
recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside
or outside the corporate limits of the city; to regulate the use of public improvements;
and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial;

WEDNESDAY, FEBRUARY 9, 1994

709

(29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and the stan dards and conditions of service applicable to the service to be provided by the fran chise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and exe cute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on oppo site sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be pro vided by ordinance; and to authorize and control the construction of bridges, over passes, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of garbage, rub bish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explo sive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regu late, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(36) Special assessments. To levy and provide for the collection of special assess ments to cover the costs of any public improvement;
(37) Ad valorem taxes. To levy and provide for the assessment, valuation, revalua tion, and collection of taxes on all property subject to taxation;
(38) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordi nance; and to regulate the parking of such vehicles;

710

JOURNAL OF THE HOUSE,

(40) Urban redevelopment. To organize and operate an urban redevelopment pro gram; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privi leges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; 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 stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of oth ers, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
Section 1.13. Exercise of powers. All powers, functions, rights, privileges, and immu nities of the city, its officers, agencies, or employees shall be carried into execution as pro vided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Geor gia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
Section 2.10. City council creation; composition; number; election, (a) 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 four councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file above said notice within the time provided for in Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code."
Section 2.11. Elections, (a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance with Chap ter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code." Except as other wise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Municipal Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Lula shall consist of one election district with five numbered posts. Each person seeking election shall desig nate the post for which he or she seeks election.
(e) On the Tuesday next following the first Monday in November, 1997, and on that day quadrennially thereafter, there shall be elected a mayor and two councilmembers. On the Tuesday next following the first Monday in November, 1995, and on that day quadrennially thereafter, there shall be elected three councilmembers. It is the purpose of

WEDNESDAY, FEBRUARY 9, 1994

711

this section to provide a rotation system for the office of mayor and councilmembers. The terms of the offices shall begin at the time of taking the oath of office as provided in Sec tion 3.11 of this charter.
Section 2.12. Vacancies in office, (a) (1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia.
(2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspen sion becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the "Georgia Municipal Election Code," as now or hereafter amended.
Section 2.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels.
Section 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected.
Section 2.15. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.
Section 2.16. Prohibitions, (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) 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 official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties;
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object, or prom ise, 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 govern mental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;
(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any con tract with any business or entity in which he or she has a financial interest, (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city

712

JOURNAL OF THE HOUSE,

council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participa ting in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elec tive city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
Section 2.17. Removal of officers, (a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office 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 qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other 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. (b) Removal of any officer pursuant to subsection (a) of this section shall be accom plished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Hal! County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Hall County following a hearing on a complaint seeking such removal brought by any resident of the City of Lula.
ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES
Section 3.10. General power and authority. 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 of this charter.
Section 3.11. Organization, (a) The city council shall hold an organizational meeting at the first regular meeting in December following an election. The meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the

WEDNESDAY, FEBRUARY 9, 1994

713

charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall by majority vote elect a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council.
Section 3.12. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testi mony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as pro vided by ordinance.
Section 3.13. Meetings, (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meet ing. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business trans acted in such councilmember's presence. Only the business stated in the call may be trans acted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
Section 3.14. Procedures, (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 keep ing a journal of its proceedings which shall be a public record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
Section 3.15. Voting, (a) Except as otherwise provided in subsection (b) of this sec tion, three councilmembers shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the jour nal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
Section 3.16. Ordinances, (a) Every proposed ordinance shall be introduced in writ ing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Lula hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided,

714

JOURNAL OF THE HOUSE,

however, an ordinance shall not be adopted the same day it is introduced, except for emer gency ordinances provided for in Section 3.18. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
Section 3.17. Effect of ordinances. Acts of the city council which have the force and effect of law shall be enacted by ordinance.
Section 3.18. Emergencies. To meet a public emergency affecting life, health, prop erty, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordi nance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordi nance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
Section 3.19. Codes, (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and require ments governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 3.16 of this charter for distri bution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenti cated and recorded by the clerk pursuant to Section 3.20 of this charter.
(b) 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 3.20. Codification of ordinances, (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council.
(b) The city shall provide for the preparation of a general codification of all the ordi nances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Lula, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in sub stantially the same style as the code then in effect and shall be suitable in form for incor poration within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.

WEDNESDAY, FEBRUARY 9, 1994

715

Section 3.21. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the city and qualified in management and administration.
Section 3.22. Powers and duties of mayor. As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as oth erwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (6) Call special meetings of the city council as provided for in Section 3.13; (7) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the city to submit written reports when ever the mayor deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instru ments executed by the city which by law are required to be in writing; and (12) Perform such other duties as may be required by general state law, this charter, or ordinance.
Section 3.23. Submission of ordinances to the mayor; veto power, (a) Every ordi nance adopted by the city council shall be presented by the city clerk to the mayor within three days after its adoption.
(b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordi nance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fif teenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
ARTICLE IV ADMINISTRATIVE AFFAIRS
Section 4.10. Department heads, (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish,

716

JOURNAL OF THE HOUSE,

or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of depart ments and other officers of the city shall be appointed solely on the basis of their respec tive administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensa tion as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of the direc tor's department or agency.
(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under the mayor's supervision but such suspension or removal shall not be effec tive for ten calendar days following the mayor's giving written notice of such action and the reason therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of three councilmembers.
Section 4.11. Boards, (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composi tion, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be pro vided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimburse ment for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as oth erwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its members or may appoint as sec retary an employee of the city. Each board, commission, or authority of the city govern ment may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

Section 4.12. City attorney. The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The city attorney shall serve at the pleasure of the city council. The city attor ney shall be responsible for representing and defending the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform

WEDNESDAY, FEBRUARY 9, 1994

717

such other duties as may be required by virtue of the position of city attorney. The city council shall provide for the compensation of the city attorney.
Section 4.13. City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk.
Section 4.14. Treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the treasurer.
Section 4.15. Rules and regulations. The city council shall adopt rules and regula tions consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of pro motion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.
ARTICLE V JUDICIAL BRANCH
Section 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the City of Lula.
Section 5.11. Judges, (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the city council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
Section 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance.
Section 5.13. Powers, (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days or both such fine and imprison ment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.

718

JOURNAL OF THE HOUSE,

(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for viola tion of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have dis cretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appro priate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties neces sary to a proper disposal of each case by the issuance of summonses, subpoenas, and war rants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and partic ularly by such laws as authorize the abatement of nuisances and prosecution of traffic vio lations.
Section 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Hall County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 5.15. Rules. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, how ever, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE VI FINANCE
Section 6.10. Property tax. The city council may assess, levy, and collect an ad valo rem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
Section 6.11. Millage. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.

WEDNESDAY, FEBRUARY 9, 1994

719

Section 6.12. Occupation taxes and business license fees. The city council by ordi nance shall have the power to levy such occupation or business taxes as are not denied by law. Such taxes may be levied on both individuals and corporations who transact busi ness in this city or who practice or offer to practice any profession or calling within the city to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the pay ment of such taxes as provided in Section 6.18 of this charter.
Section 6.13. Licenses. The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession or calling within the city to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activ ities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate.
Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, trans portation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the considera tion for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Sewer fees. The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.16. Roads. The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurte nances from the abutting property owners under such terms and conditions as are reason able. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
Section 6.17. Other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
Section 6.18. Collection of delinquent taxes. The city council by ordinance may pro vide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
Section 6.19. Borrowing. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in

720

JOURNAL OF THE HOUSE,

accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
Section 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue pro duced by the project, program, or venture for which they were issued.
Section 6.21. Loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
Section 6.22. Accounting and budgeting. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
Section 6.23. Budget ordinance. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The city council shall com ply with the provisions of Chapter 81 of Title 36 of the O.C.G.A.
Section 6.24. Operating budget. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
Section 6.25. Adoption, (a) The city council may amend the operating budget pro posed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year not later than September of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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 city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropria tions or allotments thereof to which it is chargeable.
Section 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applica ble reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.

WEDNESDAY, FEBRUARY 9, 1994

721

Section 6.27. Changes in budget. The city council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes.
Section 6.28. Capital improvements, (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with any recom mendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not autho rize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements bud get, except to meet a public emergency as provided in Section 3.17 of this charter.
(b) After the conducting of a public hearing, the city council shall adopt by ordi nance the final capital improvements budget for the ensuing fiscal year not later than Sep tember of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
Section 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting prin ciples. Any audit of any funds by the state or federal government may be accepted as sat isfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
Section 6.30. Procurement and property management. No contract with the city shall be binding on the city unless:
(1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.
Section 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of property, (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or sepa rated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereaf ter made.

722

JOURNAL OF THE HOUSE,

ARTICLE VII GENERAL PROVISIONS
Section 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordi nance or as may be provided by law.
Section 7.11. Rules and regulations. All ordinances, resolutions, rules, and regula tions now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council.
Section 7.12. Charter language on other general matters. Except as specifically pro vided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city coun cil.
Section 7.13. Definitions and construction, (a) Section captions in this charter are informative only and shall not be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
Section 7.14. Specific repealer. An Act incorporating and granting a charter to the City of Lula, approved March 7, 1956 (Ga. L. 1956, p. 3166), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.
Section 7.15. General 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1660.

By Representative Scoggins of the 24th:
A bill to amend an Act creating a board of commissioners of Madison County, so as to provide that such board is authorized to expend federal community development block grant funds and other public funds and to participate in programs for the provision of certain facilities and of day care, senior citizens, mental health, emergency, and other services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1668. By Representatives Lakly of the 105th and Westmoreland of the 104th: A bill to create a court to be known as the State Court of Fayette County.

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

WEDNESDAY, FEBRUARY 9, 1994

723

On the passage of the Bill, the ayes were 102, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 1669. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to provide for the re-creation of the board of elections of Fayette 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 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1678.

By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act creating the board of education of the Liberty County School District, so as to provide for the term of office of members elected at the special election in 1993.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1679.

By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Liberty County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

HB 1682. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating the White County Water and Sewerage Authority, so as to provide for a change in the membership of the authority.

The report 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 6.
The Bill, having received the requisite constitutional majority, was passed.

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

724

JOURNAL OF THE HOUSE,

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

SB 586. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the coroner of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.

SB 587. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the Glynn County Board of Elections and Registration and provide that it will succeed to the powers and duties of another board of elections; to provide for appointment, election, and qualifications of its members; to provide for its initial and subsequent membership; to provide for terms, resignations, removal, and vacancies.

SB 588. By Senator Farrow of the 54th:
A bill to create the Murray County Family Circle Authority; to provide for a short title; to provide for findings and determinations; to provide for defi nitions; to provide for the creation of the authority; to provide for the mem bership of the authority; to provide the court in which actions against the authority may be brought; to provide for construction.

HB 1563.

By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Peach 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 have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.

HB 1564.

By Representative Smith of the 109th:
A bill to amend an Act providing for the election of the members of the Board of Education of Butts County, so as to change the provisions relating to the election and terms of office of the members of the Board of Education of Butts County.

HB 1565. By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County.

SB 394. By Senators Isakson of the 21st, Clay of the 37th, Edge of the 28th and Ralston of the 51st:
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 a homestead exemption from certain state and county ad valorem taxes in an amount equal to the amount of the assessed value of the home stead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of each county.

WEDNESDAY, FEBRUARY 9, 1994

725

SB 446. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Anno tated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.

SB 506. By Senators Starr of the 44th and Robinson of the 16th:
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 pro gram; 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 property tax amnesty program; to provide an effective date.

SB 512. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to psychologists, so as to change the authority of the State Board of Examiners of Psychologists; to change the provisions prohibiting unlicensed persons from holding themselves out as psychologists; to change the requirements for applicants for licensing; to change the provisions relat ing to examinations of applicants.

SB 527. By Senators Gillis of the 20th, Huggins of the 53rd, Farrow of the 54th, Ralston of the 51st, Broun of the 46th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to Game and Fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to provide an effective date.

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

HB 670. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees under the Employees' Retirement System of Georgia, so as to pro vide that county probation and intake employees who are by law transferred to the Department of Children and Youth Services and who prior to such transfer were members of a local retirement system may transfer credit for such prior service.

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 Anno tated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a mem ber must make contributions for spouses' benefits.

726

JOURNAL OF THE HOUSE,

HB 1191.

By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to amend Part 8 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Agricultural Exposition Authority, so as to change provisions relating to venue and jurisdiction over legal actions involving the authority.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1183.

By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organiza tions who are licensed to operate bingo games to operate recreational games.

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

SB 20. By Senators Walker of the 22nd and Thomas of the 10th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal Chapter 11A, relating to dietitians and dietetic counselors; to provide for a new Chapter 11A to be entitled the "Dietetics Practice Act"; to provide for a short title; to provide a purpose; to provide for definitions; to provide for the creation of a board of examiners.

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

HR 877. By Representatives Porter of the 143rd, Jamieson of the 22nd, Harris of the 112th, Parham of the 122nd, Lane of the 55th and others:
A resolution recognizing May 17, 1994, as Bike-to-Work Day in Georgia.

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

SB 394. By Senators Isakson of the 21st, Clay of the 37th, Edge of the 28th and Ralston of the 51st:
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 a homestead exemption from certain state and county ad valorem taxes in an amount equal to the amount of the assessed value of the home stead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of each county.
Referred to the Committee on Ways & Means.
SB 446. By Senators Baugh of the 25th and Kemp of the 3rd:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Anno tated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 9, 1994

727

SB 506. By Senators Starr of the 44th and Robinson of the 16th:
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 pro gram; 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 property tax amnesty program; to provide an effective date.
Referred to the Committee on Ways & Means.

SB 512. By Senator Walker of the 22nd:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to psychologists, so as to change the authority of the State Board of Examiners of Psychologists; to change the provisions prohibiting unlicensed persons from holding themselves out as psychologists; to change the requirements for applicants for licensing; to change the provisions relat ing to examinations of applicants.
Referred to the Committee on Health & Ecology.

SB 527. By Senators Gillis of the 20th, Muggins of the 53rd, Farrow of the 54th, Ralston of the 51st, Broun of the 46th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to Game and Fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to provide an effective date.
Referred to the Committee on Game, Fish & Parks.

SB 586. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the nonpartisan nomination and election of the coroner of Glynn County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 587. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the Glynn County Board of Elections and Registration and provide that it will succeed to the powers and duties of another board of elections; to provide for appointment, election, and qualifications of its members; to provide for its initial and subsequent membership; to provide for terms, resignations, removal, and vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 588. By Senator Farrow of the 54th:
A bill to create the Murray County Family Circle Authority; to provide for a short title; to provide for findings and determinations; to provide for defi nitions; to provide for the creation of the authority; to provide for the mem bership of the authority; to provide the court in which actions against the authority may be brought; to provide for construction.
Referred to the Committee on State Planning & Community Affairs - Local.

728

JOURNAL OF THE HOUSE,

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

HR 873. By Representative Burkhalter of the 41st:
A resolution commending Mitch Skandalakis and inviting him to appear before the House of Representatives.

HR 880. By Representatives Golden of the 177th, Reaves of the 178th and Patten of the ,176th:
A resolution commending Ms. Vallye Blanton of Lowndes County and invit ing her to appear and be recognized before the House of Representatives.

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

HR 896. By Representatives Stancil of the 16th, Lawrence of the 64th, Smith of the 174th and Crews of the 78th:
Relative to adjournment.

Representative Walker of the 141st assumed the Chair.

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

HB 1482.

By Representatives Yeargin of the 90th, Bates of the 179th, Mobley of the 86th, Harris of the 17th, Dickinson of the 83rd and others:
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 authorize contracts between the Department of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering areas not within the territorial boundary of such regional development center.

The following Committee substitute was read:

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 authorize contracts between the Depart ment of Community Affairs and a regional development center relative to coordinated and comprehensive planning activities covering areas not within the territorial boundary of such regional development center; to change the definition of the term "center"; to define the term "nonpublic funds"; to change the provisions relating to the membership of the board of a regional development center and the powers of the board; to change the provi sions relating to financial and performance audits of regional development centers and nonprofit corporations either created or controlled or caused to be created by such centers; to provide for the selection of auditors and the distribution of audit reports; to require nonprofit corporations either created or controlled or caused to be created by regional development centers to submit to the Department of Community Affairs all filings made to federal, state, or local taxing authorities; to change the provisions relating to general powers of regional development centers; to limit the authority of such centers to create nonprofit corporations; to prohibit such centers and nonprofit corporations either created

WEDNESDAY, FEBRUARY 9, 1994

729

or controlled or caused to be created by such centers from administering certain federal programs; to require certain provisions in contracts that regional development centers have with state agencies; to provide for the development of continuing education programs for professional staff members of regional development centers; to provide for certain duties and actions of the Department of Community Affairs upon a regional development center's ceasing to operate; to provide an exception; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding at the end of Code Sec tion 50-8-7.1, relating to general powers and duties of the Department of Community Affairs, a new subsection (e) to read as follows:
"(e) Notwithstanding any other provision of law to the contrary, the department shall be authorized to contract with a regional development center for coordinated and comprehensive planning activities covering areas not within the territorial boundary of such regional development center."
Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 50-8-31, relating to definitions applicable to regional development centers, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Center' means a regional development center established under this article2 including its predecessor area planning and development commission."
Section 3. Said chapter is further amended by adding between paragraphs (19) and (20) of Code Section 50-8-31, relating to definitions applicable to regional development centers, a new paragraph (19.1) to read as follows:
"(19.1) 'Nonpublic funds' means the servicing fees which are received by a nonprofit corporation for administering federal or state revolving loan programs or loan packaging programs."
Section 4. Said chapter is further amended by striking in its entirety Code Section 50-8-34, relating to the boards of regional development centers, and inserting in lieu thereof a new Code Section 50-8-34 to read as follows:
"50-8-34. (a) The board of each regional development center shall establish policy and direction for the regional development center and shall perform such other func tions as may be provided or authorized by law.
(b) Membership on the board shall be determined as follows: (1) The board of each regional development center shall be comprised of not less
than two nor more than five representatives from each member county served by the regional development center. The manner of selecting such regional development cen ter board members shall be as prescribed by its bylaws, provided that the board shall have at least one elected or appointed municipal government official from each mem ber county and at least one elected or appointed county government official from each member county. The bylaws of a regional development center may authorize the regional development center to include nonpublic board members; ad
(2) At the next regular meeting of each regional development center board held not less than 30 days following July 1, 1993, the chairperson of each regional develop ment center board shall convene a meeting of the present membership of such board for the purpose of amending the regional development center's bylaws to provide for the election of the initial regional development center board in accordance with the provisions of paragraph (1) of this subsection. Not less than 30 nor more than 60 days following the adoption of such amended bylaws, the chairperson of each regional development center board shall convene a meeting of the present membership of each regional development center board to elect the initial regional development center board in accordance with the provisions of such amended bylaws. The terms of office of initial regional development center board members selected pursuant to this subsec tion shall commence upon such date and time as specified in the amended regional development center's bylaws; and ;

730

JOURNAL OF THE HOUSE,

(3) In addition to the members of the board provided for in paragraphs (1) and (2) of this subsection, the Board of Community Affairs shall have the authority to appoint one nonvoting member from within each region to the membership of the board for that region. (c) The term of a member shall be for a period of one year and until the member's successor is elected and qualified. The term of a member shall terminate immediately upon:
(1) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (3) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of subsection (b) of this Code section. (d) Each member of the board shall have one vote. Establishment of a quorum for purposes of the conduct of business shall be determined by the bylaws of the regional development center. (e) Each regional development center board shall elect from among its board mem bers a chairperson, vice chairperson, and secretary who shall serve for a term of one year and until their successors are elected and qualified. Such elections shall be held annually at a meeting designated for that purpose in the regional development center's bylaws. (f) The board shall meet not less than ten times each year and at such times as pro vided by its bylaws. (g) Each board shall exercise the following powers: (1) The powers, duties, responsibilities, and functions enumerated in Code Section 50-8-35;
(2) The appointment and removal of an a full-time executive director for the regional development center;
(3) The establishment of such committees as the board shall deem appropriate; (4) The adoption of an annual work program for the regional development center; (5) The adoption of an annual budget; and \oji rie seiaction of tn independent fluditor tor tne re^jjionfli development center! find (?) (6) The determination of the policies and programs to be implemented and operated by the regional development center as may be provided or authorized by law."
Section 5. Said chapter is further amended by striking in their entirety paragraphs (2) and (3) of subsection (f) of Code Section 50-8-35, relating to general powers of regional development centers, and inserting in lieu thereof new paragraphs (2) through (8) to read as follows:
"(2) Employees and any other authorized representatives of a nonprofit corporation created pursuant to paragraph (1) of this subsection are authorized to expend nonpublic funds of such corporation for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the nonprofit corporation to discuss the location or development of new business, industry, or tourism within the center's region. All such expenditures shall be verified by vouchers showing date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct at audit ef such expenditures at least once vwy 3 months. All receipts of nonpublic funds shall be evidenced by vouchers showing the date, amount, and source of each receipt. A schedule shall be included in each annual audit which reports the beginning balance of unexpended nonpublic funds; the date, and source of all receipts of nonpublic funds; the date, place, purpose, and ___ _ whom expenditures were made for all such expenditures of nonpublic funds; and the ending balance of unexpended nonpublic funds. The auditor shall verify and test such beginning balances, receipts, expenditures, and ending balances sufficient to express an opinion thereon in accordance with generally accepted government auditing standards.
(3) A nonprofit corporation shall keep books of account reflecting all funds received, expended, and administered by the nonprofit corporation which shall be independently

WEDNESDAY, FEBRUARY 9, 1994

731

audited at least once in each fiscal year during which a nonprofit corporation functions. Such audit shall be conducted in accordance with generally accepted government audit ing standards. The state auditor shall promulgate policies and procedures for procure ment of such audit of the financial affairs of a nonprofit corporation and shall annually review the audit procurement process to determine compliance with established policies and procedures. TInhe nonproftit corporation shnalil be responsible ftor the costs associated with such audit. The auditor's report shall be presented to the commissioner, who shall make such report available to each board member within the region and to the Board of Community Affairs. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each nonprofit corporation shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The department with the assistance of the commissioner of banking and finance shall conduct at least biennially a performance audit of each nonprofit corporation at least once every three yeare. The department shall provide copies of each such performance audit to the respective chief elected official of each county and municipality within the center's region.
(4) Each nonprofit corporation shall submit to the department copies of all filings made to federal, state, or local taxing authorities, including filings related to tax exemp tions simultaneous with such filings.
(5) (A) Each annual audit report of a nonprofit corporation shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the nonprofit corporation's fiscal year. In addition to the audit report, the nonprofit corporation shall forward to the state auditor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not.
(B) The state auditor shall review the audit report and written comments submit ted to his or her office to ensure that they meet the requirements for audits provided for in paragraph (3) of this subsection. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or written comments, notify the nonprofit corporation and the auditor who performed the audit and shall submit to them a list of the deficiencies to be corrected. A copy of this notification shall also be sent by the state auditor to the center related to the nonprofit corporation, the chief elected official of each county and municipality within the center's region, and to each member of the Gen eral Assembly whose senatorial or representative district includes any part of the center's region.
(C) If the state auditor has not received any required audit or written comments by the date specified in subparagraph (A) of this paragraph, the state auditor shall within 30 days of such date notify the nonprofit corporation that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the center related to the nonprofit corporation, the chief elected offi cial of each county and municipality within the related center's region, and to each member of the General Assembly whose senatorial or representative district includes any part of the related center's region.
(D) The state auditor, for good cause shown by those nonprofit corporations in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same nonprofit corporation. (6) A copy of the report and of any comments made by the state auditor pursuant to subparagraph (B) of paragraph (5) of this subsection shall be maintained as a public record for public inspection during the regular working hours at the principal office of the nonprofit corporation and the related center. (7) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct audit ing deficiencies noted by the state auditor, the state auditor shall cause a prominent

732

JOURNAL OF THE HOUSE,

notice to be published in the legal organ of and any other newspapers of general circula tion within each county and municipality within the related center's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be pub lished once a week for two consecutive weeks and shall state that the nonprofit corpora tion has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law.
(8) The state auditor may waive the requirement of correction of auditing deficien cies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same nonprofit corporation."
Section 6. Said chapter is further amended by adding at the end of Code Section 50-8-35, relating to general powers of regional development centers, new subsections (g), (h), (i), (j), and (k) to read as follows:
"(g) Notwithstanding the provisions of paragraphs (2) and (8) of subsection (a) of this Code section, a center may contract with the department for coordinated and com prehensive planning covering areas not within the territorial boundary of the center.
(h) A center shall be prohibited from either creating or controlling or causing to be created any nonprofit corporation, except as authorized in paragraph (1) of subsection (f) of this Code section.
(i) Neither a center nor a nonprofit corporation either created or controlled or caused to be created by the center shall administer any federal program which prohibits the department from conducting a performance audit relative to such program.
(j) In any case where a center contracts with a state agency, the contract shall include a provision requiring cancellation of the contract if the department determines that the center or a nonprofit corporation either created or controlled or caused to be created by the center is not fully cooperating with a performance audit conducted by the department.
(k) The department and the centers, jointly, shall develop a continuing education program for professional staff members of such centers."
Section 7. Said chapter is further amended by striking in its entirety Code Section 50-8-39, relating to the accounting of funds by a regional development center, and insert ing in lieu thereof a new Code Section 50-8-39 to read as follows:
"50-8-39. (a) A center shall keep books of account reflecting all funds received, expended, and administered by the center which shall be independently audited at least once in each fiscal year during which a center functions. Such audit shall be conducted in accordance with generally accepted government auditing standards. The state auditor shall promulgate policies and procedures for procurement of such audit of the financial affairs of a center and shall annually review the audit procurement process to determine compliance with established policies and procedures. The center shall be responsible for the costs associated with such audit. The auditor's report shall be presented to the gov erning body of each member within the region and to the department. Beginning July 1, 1990, the books of account shall be kept in a standard, uniform format to be deter mined by the state auditor and the commissioner. Each regional development center shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The department shall conduct at least biennially a perform ance audit of each regional development center at least once every three years. The department shall provide copies of a performance audit of a center to the chief elected official of each county and municipality within the center's region.
(b) In conducting a performance audit of a center, the department shall be allowed access to all books, records, and documents of the center and all books, records, and documents of any nonprofit corporations either created or controlled or caused to be cre ated by the center, to the extent the commissioner deems necessary.

WEDNESDAY, FEBRUARY 9, 1994

733

(c) (1) Each annual audit report of a center shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the center's fiscal year. In addition to the audit report, the center shall forward to the state audi tor, within 30 days after the audit report due date, written comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary, the written comments should include a statement describing the reason it is not.
(2) The state auditor shall review the audit report and written comments submit ted to his or her office to ensure that they meet the requirements for audits provided for in subsection (a) of this Code section. If the state auditor finds the requirements for audits have not been complied with, the state auditor shall, within 60 days of his or her receipt of the audit or the written comments, notify the center and the auditor who performed the audit and shall submit to them a list of deficiencies to be cor rected. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the center's region and to each member of the General Assembly whose senatorial or representative district includes any part of the center's region.
(3) If the state auditor has not received any required audit or written comments by the date specified in paragraph (1) of this subsection, the state auditor shall within 30 days of such date notify the center that the audit has not been received as required by law. A copy of this notification shall also be sent by the state auditor to the chief elected official of each county and municipality within the center's region and to each member of the General Assembly whose senatorial or representative district includes any part of the center's region.
(4) The state auditor, for good cause shown by those centers in which an audit is in the process of being conducted or will promptly be conducted, may waive the requirement for completion of the audit within 180 days. Such waiver shall be for an additional period of not more than 180 days and no such waiver shall be granted for more than two successive years to the same center. (d) A copy of the report and of any comments made by the state auditor pursuant to paragraph (2) of subsection (c) of this Code section shall be maintained as a public record for public inspection during the regular working hours at the principal office of the center. (e) Upon a failure, refusal, or neglect to have an annual audit made or a failure to file a copy of the annual audit report with the state auditor or a failure to correct audit ing deficiencies noted by the state auditor, the state auditor shall cause a prominent notice to be published in the legal organ of and any other newspapers of general circula tion within each county and municipality within the center's region. Such notice shall be a prominently displayed advertisement or news article and shall not be placed in that section of the newspaper where legal notices appear. Such notice shall be published once a week for two consecutive weeks and shall state that the center has failed or refused to file an audit report or to correct auditing deficiencies, as the case may be, for the fiscal year or years in question. Such notice shall further state that such failure or refusal is in violation of state law. (f) The state auditor may waive the requirement of correction of auditing deficien cies for a period of one year from the required audit filing date, provided that evidence is presented that substantial progress is being made toward removing the cause of the need for the waiver. No such waiver for the same set of deficiencies shall be granted for more than two successive years to the same center."
Section 8. Said chapter is further amended by adding between Code Sections 50-8-39 and 50-8-40 a new Code Section 50-8-39.1 to read as follows:
"50-8-39.1. Upon a center's ceasing operations, the department shall be the receiver of the assets of the center for the protection of creditors. The department shall be authorized to marshal, sell, or transfer assets, pay liabilities, and assess counties and municipalities which were members of the center without incurring any liability on behalf of the department or the state."

734

JOURNAL OF THE HOUSE,

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

The following amendment was read:

Representative Teper of the 61st moves to amend the Committee substitute to HB 1482 as follows:
Strike on page 3 line 25 after the word "elected" the words "or appointed" and strike on page 3 line 27 after the word "elected" the words "or appointed".

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

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

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

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

Y Mobley, B Y Mobley, J 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 Y Pinholster NPoag Y Polak Y Porter
Y Poston N Powell N Purcell, A N Purcell, B
E Randall Y Randolph
NRay N Reaves N Reichert N Roberts N Royal N Scoggins Y Shanahan
Sherrill N Shipp
N Simpson N Sinkfield
N Skipper

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

On the adoption of the amendment, the ayes were 32, nays 125. The amendment was lost.

The following amendment was read and adopted:

Representative Smith of the 109th moves to amend the Committee substitute to HB 1482 as follows:
Page 2 line 13 strike paragraph (E) in its entirety.

The following amendment was read and adopted:

Representative Holland of the 157th moves to amend the Committee substitute to HB 1482 as follows:

WEDNESDAY, FEBRUARY 9, 1994

735

On page 15 insert a new Section 9 to read as follows:
Said chapter is further amended by deleting Code Section 50-8-35(f)(l) and inserting in lieu thereof a new Code Section 50-8-35(f)(l) as follows:
"In order to accomplish the intent of subsection (e) of this Code section, each center is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs, and to administer federal or state housing and development programs and funds available only to nonprofit corporations. Each such nonprofit corporation must be authorized by the center's board and each unit of local government affected."
Renumber Section 9 on page 15 as Section 10.

The following amendment was read:

Representatives Floyd of the 172nd and Dixon of the 150th move to amend the Com mittee substitute to HB 1482 as follows:
Pg. 4 delete lines 21-26.

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

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

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

Howard
N Hudson Hughes
N Hugley N Irvin Y James N Jamieson
Jenkins Johnson, D.H Y Johnson, E
Y Johnson, G N Johnson, J N Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein
N Ladd N Lakly N Lane, D N Lane, R Y Lawrence Y Lawson N Lee N Lewis Y Lord N Lucas
Y Maddox YMann N Martin
N McBee McClinton McKinney
Y Milam N Mills

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

On the adoption of the amendment, the ayes were 62, nays 99. The amendment was lost.

The following amendment was read:

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

736

JOURNAL OF THE HOUSE,

Representative Floyd of the 172nd moves to amend the Committee substitute to HB 1482 as follows:
Page 9 delete lines 23-28.

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
Bostick Breedtove N Brooks, D N Brooks, T N Brown Y Buck
N Buckner Y Bunn Y Burkhalter Y Byrd N Campbell Y Canty N Carlisle
N Carrell N Carter Y Cauthorn N Chambless N Chandler N Channel! N Childers N Clark Y Coker N Coleman, B
Y Coleman, T

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

N Howard
N Hudson Hughes
N Hugley N Irvin
N James N Jamieson
Y Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G N Johnson, J N Johnston
Jones Y Joyce
N Kaye Y Kinnamon Y Klein
NLadd N Lakly N Lane, D N Lane, R N Lawrence
Lawson Lee N Lewis YLord
N Lucas Maddox
NMann N Martin N McBee
McClinton
McKinney Y Milam Y Mills

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

On the adoption of the amendment, the ayes were 43, nays 113. The amendment was lost.

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

The following amendment was read and withdrawn:

Representatives Floyd of the 172nd and Dixon of the 150th move to amend the Com mittee substitute to HB 1482 as follows:
Pg. 2 line 18 add after center delete period and quotation mark and add, with the approval of the affected RDC.

The following amendment was read and adopted:

Representative Kinnamon of the 4th moves to amend the Committee substitute to HB 1482 by inserting at the end of line 29 of page 1 the following:
"to exempt certain documents and information from access and disclosure;".
By striking on lines 1 and 2 of page 2 the words "Department of Community Affairs" and inserting in lieu thereof the words "local government members".

WEDNESDAY, FEBRUARY 9, 1994

737

By striking the quotation marks at the end of line 2 of page 15 and by inserting immediately following such line the following:
"(g) Any other provision of this chapter to the contrary notwithstanding, nothing in this chapter shall be construed to require public disclosure of or access to any docu ments or information relating to loans made by or assigned to the United States Small Business Administration which are exempt from disclosure based upon the federal Pri vacy Act of 1974, the federal Freedom of Information Act, or the Code of Federal Regu lations.'"
By striking on line 7 of page 15 the words "department shall be the" and inserting in lieu thereof the following:
"local government members of the center shall, within 30 days of cessation of the center's operations, appoint a".
By striking on line 9 of page 15 the word "department" and inserting in lieu thereof the word "receiver".
By inserting at the end of line 11 of page 15 the symbol "."
By striking in their entireties lines 12 and 13 of page 15 and inserting in lieu thereof the following:
"After the completion of such liquidation, a distribution shall be made to the local government members on a pro rata basis according to the amount of contributions such members made to the center.'"

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

N Clark N Coker Y Coleman, B Y Coleman, T
Colwell Y Connell Y Cox
N Crawford Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H N Dixon, S Y Dobbs
Y Ehrhart Y Epps Y Evans
Y Felton N Floyd, J.M N 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 Irvin Y James
Y Jamieson Y Jenkins N Johnson, D.H
N 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 N Maddox Y Mann Y Martin
Y McBee McClinton McKinney
Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore N Mosley N Mueller N Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten
N Pelote Y Perry Y Pinholster
Y Poag Y Polak Y Porter Y Poston Y Powell

N Purcell, A Y Purcell, B E Randall Y Randolph NRay
Y Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smith, W Y Smyre Y Snow
Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague

738

JOURNAL OF THE HOUSE,

N Teper Y Thomas
N Tillman Y Titus

Y Towery Y Trense
Y Turnquest Y Twiggs

N 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 148, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Smith of the 175th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Crews of the 78th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 1482 was ordered immediately transmitted to the Senate.

The Speaker assumed the Chair.

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

WEDNESDAY, FEBRUARY 9, 1994

739

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.

Representative Birdsong of the 123rd District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1600 Do Pass HB 1684 Do Pass

HR 417 Do Pass, by Substitute HR 815 Do Pass

Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

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

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1130 Do Pass, as Amended HB 1314 Do Pass, by Substitute

HB 1326 Do Pass, by Substitute HB 1462 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
Chairman

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

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1255 Do Pass HB 1443 Do Pass, by Substitute

HB 1487 Do Pass, by Substitute HR 712 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

740

JOURNAL OF THE HOUSE,

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 827 Do Pass, by Substitute HB 1000 Do Pass, by Substitute HB 1471 Do Pass HB 1486 Do Pass, by Substitute HB 1535 Do Pass, by Substitute HB 1546 Do Pass

HB 1547 Do Pass, as Amended HB 1550 Do Pass HB 1568 Do Pass HB 1601 Do Pass SB 245 Do Pass, as Amended

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1662 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

The following Resolutions of the House were read and adopted:

HR 899. By Representatives McBee of the 88th, Hugley of the 133rd, Taylor of the 134th, Ashe of the 46th and Hegstrom of the 66th:
A resolution commending and recognizing Georgia Women of Achievement.

HR 900. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending and recognizing Mr. Cecil Pruett.

HR 901. By Representatives Teague of the 58th, Johnson of the 148th, McKinney of the 51st, Brooks of the 54th, Brown of the 117th and others:
A resolution commending the Georgia State Council of Machinists.

HR 902. By Representatives Porter of the 143rd and Barfoot of the 155th:
A resolution recognizing and expressing appreciation to Admiral Richard H. Truly.

HR 903. By Representative Colwell of the 7th:
A resolution commending and honoring the Ellijay Apple Marketing Associa tion, the Ellijay Lions Club, and the Gilmer County Chamber of Commerce and their devoted volunteers.

WEDNESDAY, FEBRUARY 9, 1994

741

HR 904. By Representative Colwell of the 7th:
A resolution commending Ms. Betty Lee and the members of the Gilmer Garden Club for their enthusiastic and innovative participation in the Geor gia Wildflower Project.

HR 905. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending and recognizing Mr. A. R. "Rick" Roberts, III.

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

HR 898. By Representative Groover of the 125th:
A resolution recognizing General Carl E. Mundy and inviting him to appear before the House of Representatives.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1576.

By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and Colwell of the 7th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide that the provisions of such article relating to eligibility for bene fits shall apply to certain 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 ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

The following amendment was read:

The Committee on Public Safety moves to amend SB 12 by adding in the title on line 5 of page 1 between the semicolon and the word "to" the following:

742

JOURNAL OF THE HOUSE,

"to provide for legislative intent and declarations; to restrict the authority of political subdivisions with respect to certain regulations of firearms;".
By striking from line 26 of page 2 the following:
"to provide for automatic repeal;".
By adding between lines 24 and 25 on page 3 the following:
"(4.1) 'Firearm' means a handgun.
(4.2) 'Handgun' means a pistol or revolver or other firearm which has a short stock and is designed to be held and fired by the use of a single hand."
By striking from line 11 on page 6 the following:
"$10.00",
and inserting in lieu thereof the following: "$5.00".
By striking the quotation marks at the end of line 19 on page 11 and by adding between lines 19 and 20 the following:
"16-11-184. (a) It is declared by the General Assembly that the regulation of fire arms is properly an issue of general, state-wide concern.
(b) No county or municipal corporation, by ordinance, resolution, or other enact ment, shall regulate in any manner the possession, ownership, transport, carrying, trans fer, sale, purchase, licensing, or registration of firearms or components of firearms.
(c) A county or municipal corporation may regulate the transport, carrying, or pos session of firearms by employees of the local unit of government in the course of their employment with that local unit of government.
(d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.'"
By striking in their entirety lines 7 and 8 on page 14 which read as follows:
"Section 6.1. This Act shall stand repealed in its entirety on July 1, 1997."

The following amendment was read and adopted:

Representatives Jenkins of the 110th, Mobley of the 86th, Johnston of the 81st, Watts of the 26th and Twiggs of the 8th move to amend the Committee amendment to SB 12 by striking the quotation marks at the end of line 15 of page 2 and adding between lines 15 and 16 of page 2 the following:
"(e) Notwithstanding the provisions of paragraphs (4.1) and (4.2) of Code Section 16-11-170, as used in this Code section, the term 'firearm* shall include any weapon defined as a firearm in paragraph (2) of subsection (a) of Code Section 16-11-131.'"

The Committee amendment, as amended, was adopted.

The following amendment was read and adopted:

Representatives Jenkins of the 110th, Smyre of the 136th and Twiggs of the 8th move to amend SB 12 by striking from the title on lines 3 through 5 of page 2 the following:

WEDNESDAY, FEBRUARY 9, 1994

743

"to provide that a licensed firearms dealer is not required to comply with the provi sions of this Act under certain conditions;"
By striking from lines 19 through 24 of page 5 the following:
"; provided, however, that if information is not received and the bureau has not advised the licensee that the potential buyer is prohibited from receiving or possessing a firearm within seven days of the day of the initial inquiry, the licensee may proceed to consummate the transaction".
By striking from line 30 on page 5 through line 9 of page 6 the following:
"After such notification, the bureau shall forthwith, and in no event later than the end of the next business day of the licensee, either inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or posses sion of a firearm pursuant to state or federal law or provide the licensee with a unique transaction number. Unless notified by the end of said next business day that the poten tial buyer or transferee is so prohibited, and without regard to whether he has received a unique transaction number, the licensee may complete the sale or delivery and shall not be deemed in violation of this part with respect to such sale or delivery."
By striking from line 32 of page 6 through line 3 of page 7 the following:
"such records shall be destroyed within 48 hours after the day of the receipt of the licensee's request; provided, however, that in those instances provided for in subsection (b) of Code Section 16-11-172, the bureau may maintain identifying information relative to the potential buyer for a period not to exceed seven days.",
and inserting in lieu thereof the following:
"such records shall be destroyed within ten days after the day of the receipt of the licensee's request; provided, however, that in those instances where the completion of the criminal history and involuntary records check takes longer than ten days to com plete, such identifying records may be maintained until the completion of the records check."
By striking from line 24 of page 8 through line 9 of page 9 the following:
"16-11-179. A licensed dealer is not required to comply with the provisions of this part in the event of:
(1) Unavailability of telephone service at the licensed premises due to:
(A) The failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide tele phone service to the premises of the licensee due to the location of said premises; or
(B) The interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, or war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee; or
(2) Failure of the bureau to comply reasonably with the requirements of Code Sec tions 16-11-172 and 16-11-173."
By striking from line 10 of page 9 the following:
"16-11-180",
and inserting in lieu thereof the following: "16-11-179"

By striking from line 18 of page 9 the following:

744

JOURNAL OF THE HOUSE,

"16-11-181",
and inserting in lieu thereof the following: "16-11-180"
By striking from line 8 of page 10 the following: "16-11-182", and inserting in lieu thereof the following: "16-11-181".
By striking from line 33 of page 10 the following: "16-11-183",
and inserting in lieu thereof the following: "16-11-182".

The following amendment was read:
Representative Powell of the 23rd, et al. move to amend SB 12 by striking all the lan guage from lines 15 through 34 of page 6 and from lines 1 through 12 of page 7 and insert ing the following:
"16-11-175. The bureau shall not create any list, electronic, magnetic, or otherwise, containing any of the information set forth in paragraph (1) of Code Section 16-11-171 pertaining to a potential buyer or transferee unless the potential buyer or transferee is prohibited from receipt or possession of a firearm pursuant to state or federal law."
By inserting between lines 20 and 21 of page 8 the following:
"(c) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a) or (b) of this Code section, may bring an action in any court of original jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information, for damages, including consequential damages, injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person reasonable attorney's fees as part of the costs."
By inserting at the end of line 23 of page 8 the following:
"Any government official who willfully or intentionally compromises the identity, con fidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment."
By inserting on line 8 of page 10 after the word "dealer" the following:
"or any government official".

The following amendment to the Powell amendment was read and adopted:

Representative Smyre of the 136th moves to amend the Powell amendment to SB 12 by adding a "." following the word "information" on line 21 and striking the rest of line 21 and strike line 22 and line 23 up to the word "appropriate".
The following amendment to the Powell amendment was read and adopted:

WEDNESDAY, FEBRUARY 9, 1994

745

Representative Powell of the 23rd moves to amend the Powell amendment to SB 12 as follows:
Delete lines 3 - 12 P. 1.

The Powell amendment, as amended, was adopted.

The following substitute, offered by Representative Joyce of the 1st was read:

A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, so as to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for criminal records checks of applicants for driver's licenses; to provide for a computerized list of fel ons; to provide for corrections of lists; to provide that firearms shall not be sold to prohib ited individuals; to provide for penalties; to provide for costs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to dangerous instrumentalities and practices, is amended by adding a new part to read as follows:
"Part 5
16-11-170. (a) This Act shall be known and may be cited as the 'Felon Identifica tion and Police Safety Act.'
(b) The General Assembly finds that state laws requiring a waiting period before the purchase of a firearm have endangered the lives of law-abiding Americans by preventing them from protecting themselves. A point-of-sale instant background check can easily lead to a gun owner registration system. Laws requiring a waiting period before the pur chase of a firearm have not prevented crime rates in various states that have enacted such laws from increasing far above the national average increase in crime rates. Police cannot protect and are not legally responsible for protecting individual citizens, only the public in general.
16-11-171. As used in this part, the term: (1) 'Engaged in business' means, as applied to a firearms dealer, a person, firm,
partnership, or corporation that devotes time, attention, and labor to dealing in fire arms as a regular course of trade or business with the principal objective of livelihood and profit through repetitive purchase or resale of firearms, but such term shall not involve a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby or who sells all or part of his or her personal collection of firearms.
(2) 'Firearms dealer' means: (A) Any person, firm, partnership, or corporation engaged in the business of sell
ing firearms at retail; (B) Any person, firm, partnership, or corporation engaged in the business of
making or fitting special barrels, stocks, or trigger mechanisms to firearms; or (C) Any person, firm, partnership, or corporation that is a pawnbroker.
(3) 'Handgun' means any firearm which has a short stock and is designed to be held and fired by the use of a single hand.
(4) 'License' means a license or permit to operate a motor vehicle on the roads and highways of the state and any identification document issued by the department solely for purposes of identification. 16-11-172. (a) Prior to the issuance, reissuance, or reinstatement of any license issued by the Department of Public Safety, it shall be the duty of the department to

746

JOURNAL OF THE HOUSE,

conduct a criminal records check of the applicant and to determine from records fur nished to the department pursuant to subsections (b) and (c) whether the applicant has previously been convicted of a felony or adjudicated mentally incompetent, without hav ing waited five years from the date of his or her restoration to capacity by court order. If it is determined that the applicant has been convicted of any felony under the laws of this state, the United States, or any other state of the United States or has previously been adjudicated mentally incompetent, without having waited five years from the date of his or her restoration to capacity by court order, the license issued by the department shall have a magnetic reader strip indication of such conviction or adjudication. Said indication shall only be determined through the use of the special magnetic code reader and will not appear different to the unaided eye from that of a nonprohibited person. Said magnetic code reader shall be a device which is read only and which does not have storage or communication capabilities. The magnetic code reader shall provide a red or a green light signal. The red light will indicate the buyer is a prohibited purchaser pur
suant to this subsection and the green light will indicate the buyer is not a prohibited
person pursuant to this subsection. The department shall provide a magnetic code reader to ensure the license reads correctly.
(b) The Georgia Crime Information Center shall create a computerized list of felons pursuant to Title I, Sec. 103(a) of the Brady Handgun Violence Prevention Act which
the department may contact for information. The Georgia Crime Information Center
shall achieve, by the end of two years after the date of enactment of this Code section, at least 80 percent currency of case dispositions in computerized criminal history files
for all cases in which there has been an entry of activity within the last five years and continue to maintain such a system.
(c) The Georgia Crime Information Center shall create a computerized list of persons
who have been adjudicated mentally incompetent and have not waited five years from the date of their restoration to capacity by court order. This list of names shall be made
available for the department to contact for information. (d) If records established under this Code section identify a person as a prohibited
person pursuant to subsection (a), such person, if he or she believes such identification to be erroneous, may request the Georgia Bureau of Investigation to supply such person
with the reasons therefor. Within five days after receipt of such a request, the Georgia Bureau of Investigation shall comply with the request. Such person may submit to the
Georgia Bureau of Investigation information which may correct, clarify, or supplement the records with respect to such person. Within five days after the receipt of such infor
mation, the Georgia Bureau of Investigation shall consider such information, investigate the matter further, and correct all erroneous records relating to such person and notify any agency that was the source of such erroneous records of such errors.
(e) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a), may bring an action in any court of original
jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information for damages, including consequential damages,
injunctive relief, and such other relief as the court deems appropriate. If the person pre vails in the action, the court shall allow the person reasonable attorney's fees as part
of the costs. (f) In performing his or her duties at a traffic stop, a police officer may utilize a
magnetic code reader described in subsection (a) to determine the status of a driver for his or her own safety. No police agency shall be required to purchase or utilize the desig nated magnetic code reader.
16-11-173. (a) It shall be unlawful for any federally licensed firearms dealer to knowingly and intentionally:
(1) Sell a handgun to any person not licensed under Section 923 of Title 18 of the United States Code, unless the firearms dealer has used a magnetic code reader as
described in Code Section 16-11-172 to read the magnetic strip affixed to a license issued to the person by the department; or
(2) Refuse to notify local law enforcement authorities within 72 hours of any per
son attempting to purchase a handgun who is identified as a prohibited person through the use of such a device.

WEDNESDAY, FEBRUARY 9, 1994

747

(b) Any firearms dealer who violates subsection (a) shall be imprisoned not more than one year, fined not more than $1,000.00, or both.
(c) Subsections (a) and (b) shall not take effect until the department is in full com pliance with the background check and magnetic strip and reader system.
(d) A license which is issued by the department and which does not identify a person as a prohibited purchaser shall be considered a permit pursuant to Title I, Sec. 102(a)(l)(C) of the Brady Handgun Violence Prevention Act. The department shall reis sue such licenses no later than every five years.
(e) It shall be unlawful for any prohibited person pursuant to Code Section 16-11-172 to knowingly and intentionally alter, change, modify, or counterfeit a driver's license issued pursuant to Chapter 5 of Title 40. Any such prohibited person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years or by a fine not to exceed $25,000.00 or both.
(f) Upon becoming a prohibited person pursuant to Code Section 16-11-172, a person's license shall be void and shall be seized by the trial court. A new license shall, if desired by the prohibited person, be issued by the department with the new prohibi tion encoded on the magnetic strip.
(g) All prohibited persons pursuant to Code Section 16-11-172 shall pay additional court costs upon being adjudicated as prohibited persons and shall pay additional fees to the department when obtaining a license, which fees shall be sufficient to cover the expenses of the criminal records checks conducted pursuant to Code Section 16-11-172.
(h) Two years after the date of enactment of this part, the system of identifying pro hibited persons before the purchase of a handgun as described in this part shall be the only system used in this state for identifying prohibited persons before the purchase of a firearm."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Joyce of the 1st moves to amend the Floor substitute to SB 12 as fol lows:
Page five, line 23 delete the word "handgun" and insert after "Sell a..." the word "firearm".
Page 2 remove lines 30-32.

On the adoption of the Floor substitute, as amended, 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 N Brown N Buck N Buckner Y Bunn

N Burkhalter N Byrd N Campbell N 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 N Cox N Crawford

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

N Groover N Hammond N Manner N Harris, B
N Harris, M N Hart N Heard N Hegstrom Y Hembree N Henaon N Holland
N Holmes N Howard
N Hudson N Hughes N Hugley N Irvin N James N Jamieson N Jenkins

Johnson, D.H Y Johnson. E Y Johnson, G N Johnson, J
Y Johnston N Jones Y Joyce Y Kaye N Kinnamon N Klein N Ladd
Y Lakly N Lane, D
N Lane, R Y Lawrence N Lawson N Lee Y Lewis N Lord N Lucas

748

JOURNAL OF THE HOUSE,

Y Maddox E Mann
N Martin N McBee
McClinton N McKinney
Milam Y Mills N Mobley, B N Mobley, J N Moore
N Mosley Y 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 N Poston N Powell
N Purcell, A N Purcell, B E Randall N Randolph

NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
N Shipp N Simpson
N Sinkfield N Skipper N Smith, C N Smith, L N Smith, P
N Smith, T

Y Smith, V N Smith, W N Smyre
Snow N Stancil, F N Stancil, S N Stanley, L
N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas
N Tillman N Titus

Y Towery N Trense N Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts Y Westmorel md N White Y Williams, B N Williams, R
Y Yates N Yeargin
Murphy, Spkr

On the adoption of the Floor substitute, as amended, the ayes were 21, nays 150. The Floor substitute 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 substitute, offered by Representative Coleman of the 142nd was read:

A BILL
To amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of firearms, so as to authorize the Department of Public Safety to issue handgun licenses to eligible applicants, which licenses are required for the purchase of handguns from licensed firearms dealers and for the carrying of handguns; to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a handgun; to state legislative intent; to define certain terms; to require certain information from an applicant for a handgun license; to provide for criminal history and involuntary hospitalization records checks; to provide for fees; to provide for confidentiality of information; to provide for certain records and reports; to prohibit certain individuals from having a handgun license necessary for pur chasing or carrying a handgun; to provide that if a person is denied a handgun license based on the records of the Georgia Bureau of Investigation and if the bureau will not amend the records, the person shall be entitled to petition the superior court for an order directing the Georgia Bureau of Investigation to amend the record; to provide that persons who are prohibited from having a handgun license based on a background check evidenc ing involuntary hospitalization shall be entitled to a hearing before the committing court; to provide procedures; to authorize the committing court to make a determination as to a person's competency to have a handgun license and to possess or transport a handgun; to provide for amendments to certain criminal records or records of involuntary hospital ization; to provide procedures; to provide for applicability and exceptions; to prohibit cer tain acts in connection with the sale or purchase of handguns; to provide for annual reports by the Georgia Bureau of Investigation; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to require the Georgia Crime Information Center and the director of such center to perform certain duties with respect to furnishing certain information to the Department of Public Safety relating to eligibility for a handgun license; to require the probate courts and the clerks of the superior courts to perform certain duties with respect to furnishing certain information to the Georgia Crime Information Center; to require the center to provide certain information to a person who has been denied a handgun license; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to provide a fee for conducting a hearing to determine eligibility for a handgun license; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of government records is not required, so as

WEDNESDAY, FEBRUARY 9, 1994

749

to provide that certain records and information relating to handgun licenses are not sub ject to disclosure; 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. (a) It is the intention of this Act to establish state regulations which are consistent with the policy and terms of the federal Brady Handgun Violence Protection Act by providing a state background check law.
(b) This Act shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act. Without limiting the generality of the foregoing, it is specifically intended that this Act shall constitute a state law requiring verification by a state official that information available does not indicate that possession of a handgun by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(l)(D).
Section 2. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Geor gia Annotated, relating to the carrying and possession of firearms, is amended by striking in its entirety Code Section 16-11-129, relating to the requirement of a license to carry a pistol or revolver, and inserting in lieu thereof a new Code Section 16-11-129 to read as follows:
"16-11-129. (a) As used in this Code section, the term: (1) 'Antique handgun or pistol' means any handgun or pistol, including those with
a matchlock, flintlock, percussion cap, or similar type of ignition system, manufac tured in or before 1898 and any replica of such a handgun or pistol if such replica:
(A) Is not designed or redesigned for using rimfire or conventional center-fire fixed ammunition; or
(B) Uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordi nary channels of commercial trade. (2) 'Bureau' means the Georgia Bureau of Investigation. (3) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation. (4) 'Commissioner' means the commissioner of public safety. (5) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43. (6) 'Department' means the Department of Public Safety. (7) 'Handgun' means:
(A) A firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
(B) Any combination of parts from which a firearm described in subparagraph (A) of this paragraph can be assembled. (8) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81, 37-4-40, or 37-7-81 or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Title 17. (9) 'License' means a handgun license issued by the Department of Public Safety which authorizes the holder thereof to purchase handguns and to carry a handgun as authorized by law. (b) (1) The department may, on application under oath and on payment of a fee of $15.00, issue a license valid for a period of five years to any person who is a resi dent of the state at the time of such application, which license shall authorize that person to carry any pistol or revolver in any county of this state. Applicants shall sub mit the application for a license to the department on forms prescribed and furnished free of charge to persons wishing to apply for the license. The form shall include the name, birth date, gender, race, and social security number or other identification num ber of the applicant. Forms shall be designed to elicit information from the applicant

750

JOURNAL OF THE HOUSE,

pertinent to his or her eligibility under this Code section but shall not require nonpertinent or irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant.
(2) No license shall be granted to any person who: (A) Is under indictment for or has been convicted in any court of a crime pun
ishable by imprisonment for a term exceeding one year unless the person has been granted relief from disabilities imposed by law with respect to the acquisition and possession of firearms as provided in subsection (d) of Code Section 16-11-131;
(B) Is a fugitive from justice; (C) Is an unlawful user of or addicted to any controlled substance as defined in section 102 of the Controlled Substances Act; (D) Has been involuntarily hospitalized within five years immediately preceding the date of an application for a license unless such applicant provides an order from a judge of the superior court or probate judge evidencing that such applicant shall not be deemed ineligible for a license pursuant to the provisions of subsection (d) of this Code section; (E) Is an alien who is illegally or unlawfully in the United States; (F) Has been discharged from the armed forces under dishonorable conditions; (G) Is a person who, having been a citizen of the United States, has renounced such citizenship; or (H) Is under 21 years of age. (3) After receiving an application which does not indicate any reason why the applicant should not be issued a license, the department shall forward to the bureau the name of the applicant and other necessary information to enable the bureau to conduct a criminal history and involuntary hospitalization records check. Upon receipt of a request from the department for a criminal history and involuntary hospitaliza tion records check, the bureau shall have the center review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the applicant is ineligible to have a license pursuant to the provisions of paragraph (2) of this subsection. The bureau shall report to the department its findings with respect to each applicant. The department shall issue a license to any eligible appli cant and the department shall deny a license to any applicant who is not eligible for such a license. At the applicant's request, the department shall provide the applicant with the reason for such denial. (c) (1) Licenses issued as prescribed in this Code section shall be printed on dura ble but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 Vt inches long, and 2 \'t inches wide. Each shall be serially numbered and shall bear the picture, full name, actual residence address, birth date, weight, height, color of eyes, and sex of the licensee. The license shall show the date of issuance and the expiration date and shall be signed by the licensee and bear the signature or facsimile thereof of the commissioner. The seal of the state shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. (2) If, at any time during the period for which the license was issued, the commis sioner shall learn or have brought to his or her attention in any manner any reason able ground to believe the licensee is not eligible to retain the license, the commissioner may, after notice and hearing, revoke the license of the person upon a determination that such person is ineligible for a license pursuant to the provisions of paragraph (2) of subsection (b) of this Code section. It shall be unlawful for any person to possess a license which has been revoked, and any person found in posses sion of any such revoked license, except in the performance of his or her official duties, shall be guilty of a misdemeanor. It shall be required that any license holder under this Code section have in his or her possession his or her valid license whenever he or she is carrying a pistol or revolver under the authority granted by this Code sec tion, and his or her failure to do so shall be prima-facie evidence of a violation of Code Section 16-11-128. Loss of any license issued in accordance with this Code sec tion or damage to the license in any manner which shall render it illegible shall be

WEDNESDAY, FEBRUARY 9, 1994

751

reported to the commissioner within 48 hours of the time the loss or damage becomes known to the license holder. The commissioner shall thereupon issue a replacement for and shall take custody of and destroy a damaged license. A fee of $3.00 shall be charged by the commissioner for such services.
(3) A person who deliberately alters or counterfeits such a license card commits a felony and, upon conviction thereof, shall be punished by imprisonment for a period of not less than one nor more than five years.
(4) Any person who has served as a law enforcement officer for at least ten of the 12 years immediately preceding the retirement of such person as a law enforcement officer shall be entitled to be issued a license as provided for in this Code section without the payment of any of the fees provided for in this Code section. Such person must comply with all the other provisions of this Code section relative to the issuance of such licenses. As used in this subsection, the term 'law enforcement officer' means any peace officer who is employed by the United States government or by the State of Georgia or any political subdivision thereof and who is required by the terms of his or her employment, whether by election or appointment, to give his or her full time to the preservation of public order or the protection of life and property or the prevention of crime. Such term shall include sheriffs, deputy sheriffs, and conservation
rangers. (5) The board of public safety shall promulgate rules and regulations specifying
the form of application and procedures for renewal of licenses; provided, however, that, with respect to each licensee, the department shall have a criminal history and involuntary hospitalization records check conducted as provided in paragraph (3) of subsection (b) of this Code section prior to the renewal of any license. (d) (1) Any person who is denied a license as a result of a criminal history or invol untary hospitalization records check may request amendment of the record pertaining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in paragraph (2) of this subsec tion, the person requesting the amendment may petition the superior court of the county of residence for an order directing the bureau to amend the record. If the record as corrected demonstrates that such person is not prohibited from receipt if a license, the bureau shall notify the department that, based on the bureau's records, such person is no longer ineligible for a license.
(2) Any individual who has been involuntarily hospitalized within five years imme diately preceding the date of an application for a license shall not be issued a license by the department; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to have a license as a result of being involuntarily hospitalized. If such applicant is not deemed ineligi ble to have a license, the bureau shall destroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in subsection (b) of this Code section. (e) (1) No dealer licensed pursuant to 18 U.S.C. Section 923 or Chapter 16 of Title 43 shall sell or deliver from his or her business inventory at his or her licensed premises any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, unless such person presents a handgun license issued by the Department of Public Safety. Upon verification by the dealer that the purchaser is the person identified on such license, the sale or delivery of such handgun may be completed. A valid handgun license authorizes a person to purchase handguns and to carry a handgun unless otherwise prohibited by law.
(2) Any licensed dealer who willfully and intentionally sells or delivers a handgun in violation of this Code section shall be guilty of a misdemeanor.
(3) Any potential buyer or transferee who purchases a handgun for the purpose of transferring it to a person who is prohibited from possession of a handgun by state or federal law shall be guilty of a felony. (f) Notwithstanding any other provisions of this Code section, any person who holds a valid license to carry a pistol or revolver issued by a judge of the probate court and

752

JOURNAL OF THE HOUSE,

who remits such license to the department prior to January 1, 1995, shall be issued a handgun license by the department without having to comply with the provisions of this Code section. The provisions of this Code section relating to the renewal of handgun licenses shall apply to such persons.
(g) The provisions of this Code section shall not apply to: (1) Any handgun, including any handgun with a matchlock, flintlock, percussion
cap, or similar type of ignition system, manufactured in or before 1898; (2) Any replica of any handgun described in paragraph (1) of this Code section if
such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3) Any handgun which is a curio or relic as defined by 27 C.F.R. 178.11; and (4) Peace officers certified by the Georgia Peace Officer Standards and Training Council."
Section 3. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Anno tated, relating to the Georgia Crime Information Center, is amended by adding between subsections (d) and (e) of Code Section 35-3-34, relating to the dissemination of records by the Georgia Crime Information Center and local criminal justice systems to private per sons and businesses, a new subsection (d.l) to read as follows:
"(d.l) (1) The center shall be authorized and directed to review its criminal history records and involuntary hospitalization records information and to report to the department as provided in subsection (b) of Code Section 16-11-129 as to whether an applicant for a handgun license is prohibited from purchasing or carrying a handgun by state or federal law pursuant to the requirements of Code Section 16-11-129.
(2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized within the immediately pre ceding five years. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-129, the Georgia Crime Information Center shall be provided such information and no other mental health information from the involuntary hospitalization records of the probate courts in a manner agreed upon by the Executive Probate Judges Council of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Section 16-11-129 and to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-129, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime and has been involuntarily hospitalized within the immediately preceding five years from the records of the clerk of the superior courts in a manner agreed upon by The Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Section 16-11-129 and to pre serve the confidentiality of patients' rights in all other respects."
Section 4. Said article is further amended by adding at the end of Code Section 35-3-37, relating to the inspection of criminal records, a new subsection (f) to read as fol lows:
"(f) If the center has notified the Department of Public Safety that a person is ineli gible for a handgun license and is prohibited from purchasing or possessing a handgun and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility for a handgun license."
Section 5. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of subsection (a) a new paragraph (29) to read as follows:

WEDNESDAY, FEBRUARY 9, 1994

753

"(29) For hearing to determine eligibility for a handgun license .........................................................................................30.00"
Section 6. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of paragraph (1) of subsec tion (e) a new subparagraph (CC) to read as follows:
"(CC) For hearing to determine eligibility for a handgun license........................................................................................30.00"
Section 7. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of government records is not required, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) This article shall not be applicable to any application submitted to or any per manent records maintained by a judge ef the probate court the Department of Public Safety pursuant to Code Section 16-11-129, relating to handgun licenses to purchase and carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforce ment agencies from obtaining records relating to licensing and possession of firearms as provided by law."
Section 8. This Act shall become effective July 1, 1994.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cauthorn of the 35th moves to amend the Floor substitute to SB 12 as follows:
By adding at page 11, at the end of line 29 the following:
"(h) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern."

On the adoption of the Floor substitute, as amended, the roll call was ordered and the vote was as follows:

N Ashe N Atkins
N Bailey
N Baker
N Bannister Y Barfoot N Bargeron N Barnes Y Bates
N Benetield
Y Birdsong
N Bordeaux Y Bostick Y Breedlove
Y Brooks, D N Brooks. T N Brown Y Buck N Buckner
N Bunn
N Burkhalter
N Byrd N Campbell N Canty Y Carlisle N Carrell N Carter

Y Cauthorn N Chambless
N Chandler
Y Channell
Y Childers N Clark N Coker N Coleman, B Y Coleman, T
Colwell
Y Connell
N Cox Y Crawford N Crews
N Culbreth N Cummings Y Davis, G N Davis, M N Dickinson
N Dix
Y Dixon, H
N Dixon, S N Dobbs N Ehrhart N Epps Y Evans N Felton

Y Floyd. J.M Y Floyd, J.W
Y Godbee
N Golden
N Goodwin Y Greene N Groover Y Hammond Y Manner
Y Harris, B
N Harris, M
N Hart N Heard N Hegstrom
N Hembree N Henson N Holland N Holmes N Howard
Y Hudson
N Hughes
N Hugley N Irvin N James N Jamieson N Jenkins
Johnson, D.H

N Johnson. E Y Johnson, G
N Johnson, J
N Johnston
N Jones N Joyce N Kaye Y Kinnamon N Klein
Y Ladd
N Lakly
N Lane, D Y Lane, R N Lawrence
N Lawson N Lee N Lewis
Lord N Lucas
N Maddox
E Mann
N Martin N McBee
McClinton N McKinney
Milam N Mills

N Mobley, B N Mobley, J
N Moore
Y Mosley
N Mueller Y Oliver Y O'Neal N Orrock N Padgett
Y Parham
Y Parrish
Y Patten N Pelote N Perry
N Pinholster Y Poag N Polak N Porter N Poston
N Powell
N Purcell, A
N Purcell, B E Randall N Randolph N Ray Y Reaves N Reichert

754

JOURNAL OF THE HOUSE,

N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp
N Simpson
N Sinkfield Y Skipper

N Smith, C N Smith, L
N Smith. P Y Smith, T N Smith, V N Smith, W N Smyre N Snow N Stancil, F

N Stancil, S Y Stanley, L
Stanley, P N Stephenson
N Streat N Taylor
N Teague N Teper N Thomas

N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Vaughan N Walker
N Wall

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

On the adoption of the Floor substitute, as amended, the ayes were 42, nays 129. The Floor substitute was lost.

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

Colwell Y Connell YCox Y Crawford 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 Ehrhart
Y Epps
N Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene
Y Groover
Y Hammond Y Manner Y Harris, B Y Harris, M Y Hart Y Heard
Y Hegstrom N Hembree
Y Henson
Y Holland
N Holmes

Y Howard
N Hudson Y Hughes Y Hugley Y Irvin 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
Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R N Lawrence Y Lawson N Lee Y Lewis
N Lord
Lucas Y Maddox E Mann Y Martin
Y McBee
McClinton Y McKinney
Y Milam
Y Mills

Y Moblev, B Y Mobley, J Y Moore Y Mosley
N Mueller
N Oliver
Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry
Y Pinholster YPoag N Polak
Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B E Randall Y Randolph
YRay N Reaves Y Reichert
Y Roberts
Y Royal
Y Scoggins
Y Shanahan
Y Sherrill Y Shipp
Y Simpson Y Sinkfield 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, P
Y Stephenson
Y Streat
N Taylor
Y Teague Y Teper
Y Thomas 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, as amended, the ayes were 148, nays 24.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

THURSDAY, FEBRUARY 10, 1994

755

Representative Hall, Atlanta, Georgia Thursday, February 10, 1994

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 Bargeron
Bates Birdsong Bostick Breedlove Brooks, D
Brooks, T Brown Buck Buckner Bunn Burkhalter
Byrd
Campbell
Canty Carter Chandler Channell
Childers Clark Coker Coleman, B Colwell

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

Hembree Holland Howard Hudson Hughes Hugley Irvin James Jamieson Johnson, E Johnson, G Johnson, J Johnston Jones
Kaye Kinnamon
Klein
Ladd
Lakly
Lane, D
Lane, R
Lewis
Lord
Maddox
McBee
McClinton

Milam Mills Mobley, B Mobley, J Moore Mosley Oliver O'Neal Padgett
Parham Patten Pelote Pinholster Poag Polak
Purcell, A
Purcell, B Randolph Ray Reaves
Roberts Royal Shanahan Sherrill Shipp
Sinkfield

Skipper Smith, C Smith, L Smith, P Smith, V Smith, W Snow Stancil, F Stancil, S Stephenson Streat Taylor Teper Tillman
Titus
Trense
Turnquest
Twiggs
Vaughan
Watson
Watts
Westmoreland
Williams, B
Yates
Yeargin
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Mueller of the 152nd, Poston of the 3rd, Bailey of the 93rd, Lawson of the 20th, Carrell of the 87th, Bordeaux of the 151st, Joyce of the 1st, McKinney of the 51st, Benefield of the 96th, Thomas of the 100th, Simpson of the 101st, Perry of the llth, Stanley of the 50th, Williams of the 114th, Mann of the 5th, Wall of the 82nd, Lucas of the 124th, Powell of the 23rd, Lawrence of the 64th, Johnson of the 148th, Cauthorn of the 35th, Chambless of the 163rd, Lee of the 94th, Baker of the 70th, Dixon of the 168th, Porter of the 143rd, Barnes of the 33rd and Stanley of the 49th.
They wish to be recorded as present.

Prayer was offered by the Reverend Gary Thomas, Pastor, Elam Baptist Church, Gray, Georgia.

The members pledged allegiance to the flag.

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.

756

JOURNAL OF THE HOUSE,

5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1738. By Representatives Floyd of the 138th and Royal of the 164th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide for an exemption with respect to the sale of certain agricultural seed, fertiliz ers, chemicals, and other related items to growers, producers, or certain applicators for the purpose of growing forestry crops.
Referred to the Committee on Ways & Means.

HB 1739. By Representative Hudson of the 156th: A bill to create a board of elections and registration in Ben Hill County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1740. By Representative Bargeron of the 120th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise extensively the provisions regulating insurance business transacted with producer controlled property and casualty insurers; to provide a short title.
Referred to the Committee on Insurance.

HB 1741. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to amend an Act establishing the City Court of Newnan, as amended, particularly by an Act changing its name to the State Court of Coweta County, so as to provide that the judge and solicitor of such court shall devote full time to their official duties.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1742. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide for a homestead exemption from Coweta County ad valorem taxes for county purposes for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1743. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide a homestead exemption from certain Coweta County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 10, 1994

757

HB 1744. By Representative Twiggs of the 8th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for bovine professionals engaged in bovine activities.
Referred to the Committee on Judiciary.

HB 1745. By Representatives Klein of the 39th, Williams of the 114th and Towery of the 30th:
A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Anno tated, relating to life insurance, so as to clarify the rights of owners of cash value life insurance policies with respect to their creditors.
Referred to the Committee on Insurance.

HB 1746. By Representatives Sinkfield of the 57th, Martin of the 47th, Taylor of the 134th, Hugley of the 133rd and McBee of the 88th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to provide a short title; to require certain state departments to provide notices and information regarding the federal earned income tax credit (EITC); to pro vide for eligibility determinations for food stamps and Aid to Families with Dependent Children.
Referred to the Committee on Children and Youth.

HB 1747. By Representatives Coleman of the 142nd, Twiggs of the 8th, Mobley of the 86th, Street of the 167th, Jenkins of the 110th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to require communications officers to complete a basic public safety communications officer training course and to complete minimum annual in-service training in order to be eligible for employment as communications officer in public agencies in this state.
Referred to the Committee on Public Safety.

HB 1748. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds and pro vide certain limitations with regard thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1749. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a third judge of the superior courts of the Alcovy Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

758

JOURNAL OF THE HOUSE,

HB 1750. By Representatives Dobbs of the 92nd, Patten of the 176th, Carter of the 166th, Lane of the 146th, Barfoot of the 155th and others:
A bill to amend Code Section 12-8-54 of the Official Code of Georgia Anno tated, relating to boards of directors of solid waste management authorities, so as to provide that a member of a regional solid waste management author ity which refuses to enter into a mutual agreement with the other members of the authority may be expelled; to provide for reinstatement of member ship.
Referred to the Committee on Natural Resources & Environment.

HB 1751. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1752. By Representative Yeargin of the 90th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County; to provide for monthly meetings.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1753. By Representatives Bordeaux of the 151st, Johnson of the 153rd, Mueller of the 152nd, Johnson of the 148th and Pelote of the 149th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1755. By Representatives Stanley of the 49th, Stanley of the 50th, Sinkfield of the 57th, Johnson of the 148th, Lucas of the 124th and others:
A bill to amend Code Section 50-5-67 of the Official Code of Georgia Anno tated, relating to the competitive bidding procedure in state purchasing, so as to authorize compliance with a minority business enterprise participation plan as a consideration in awarding competitive bids.
Referred to the Committee on Industry.

HB 1756. 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 1757. 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.

THURSDAY, FEBRUARY 10, 1994

759

HB 1759. By Representatives Stanley of the 50th, James of the 140th, Stancil of the 91st, White of the 161st, McKinney of the 51st and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to impose a state gross income tax on the sev erance of solid minerals; to provide for definitions; to provide for the rate of the state tax; to provide for liens; to provide for proceeds of the state tax; to provide for rebates with respect to taxes paid on solid minerals which are severed and used for industrial purposes in this state.
Referred to the Committee on Ways & Means.

HB 1760. By Representatives Harris of the 112th, Royal of the 164th, Buck of the 135th and Skipper of the 137th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to specify condi tions under which certain persons may enter limited-duration covenants under a prior table of values.
Referred to the Committee on Ways & Means.

HB 1761. By Representatives Harris of the 112th, Royal of the 164th, Buck of the 135th 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 provide for addi tional conditions regarding the entering of a covenant for conservation use property; to provide for a termination option; to specify conditions under which certain persons may enter limited-duration covenants under a prior table of values; to change certain provisions regarding certain calculation lim itations applicable to a prior table of values.
Referred to the Committee on Ways & Means.

HB 1762. By Representatives Smith of the 169th, Dixon of the 168th, Floyd of the 138th, Streat of the 167th, Byrd of the 170th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide for an exemption with respect to the sale or use of certain off-road equip ment and related attachments used exclusively for the purpose of growing and harvesting timber.
Referred to the Committee on Ways & Means.

HB 1763. By Representatives James of the 140th and Hanner of the 159th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes on insurance, so as to clarify the meaning of "decennial census" for purposes of distribution of county and municipal taxes on insurance premiums; to provide that distribution of such taxes shall be measured by the decennial census as revised or corrected by any official written statement issued by the United States Bureau of the Census.
Referred to the Committee on Ways & Means.

760

JOURNAL OF THE HOUSE,

HR 897. By Representatives Ehrhart of the 36th, Vaughan of the 34th, Coker of the 31st, Towery of the 30th, Kaye of the 37th and others:
A resolution urging the United States Congress to maintain the 116th Fight ing Wing on Dobbins Air Force Base, Marietta, Georgia.
Referred to the Committee on Defense & Veterans Affairs.

HR 906. By Representative Scoggins of the 24th: A resolution compensating Mr. Nelson 0. Scoggins.
Referred to the Committee on Appropriations.

HR 907. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd and others:
A resolution authorizing the disposition by sale of certain properties owned by the Georgia Ports Authority located in Columbus, Georgia, for the pur pose of providing portions of the softball venue for the Games of the XXVI Olympiad.
Referred to the Committee on State Institutions & Property.

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 1767.

By Representatives Colwell of the 7th and Twiggs of the 8th:
A bill to amend Code Section 32-4-22 of the Official Code of Georgia Anno tated, relating to the Developmental Highway System, so as to add a certain road corridor to said system.

Representative Colwell of the 7th moved that HB 1767 be ordered engrossed. On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnes
Bates Y Benefield
Birdsong N Bordeaux Y Bostick Y Breedlove
N Brooks, D Y Brooks. T Y Brown Y Buck Y Buckner
Bunn N Burkhalter Y Byrd Y Campbell
Canty Carlisle N Carrell
Y Carter Y Cauthorn
Chambless

Y Chandler Y Channel! Y Childers N Clark Y Coker Y Coleman. B Y Coleman, T Y Colwell
Connell YCox
Crawford N Crews Y Culbreth N Cummings Y Davis, G Y Davis, M N Dickinson
Dix
Y Dixon, H Y Dixon, S N Dobbs
Ehrhart YEpps N Evans Y Felton Y Floyd. J.M Y Floyd. J.W Y Godbee Y Golden

Good win Y Greene
Groover Y Hammond
Manner Y Harris, B N Harris, M YHart Y Heard Y Hegstrom N Hembree
Henson Y Holland
Holmes Y Howard
Hudson Y Hughes Y Hugley N Irvin Y James Y Jamieson
Jenkins Johnson, D.H
Y Johnson, E N Johnson, G N Johnson, J Y Johnston
Jones N Joyce

NKaye Y Kinnamon N Klein NLadd N Lakly Y Lane, D
Y Lane, R Lawrence Lawson
Y Lee Y Lewis Y Lord
Lucas N Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Milam N Mills
N Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock

Padgett Y Parham Y Parrish
Patten N Pelote Y Perry N Pinholster YPoag Y Polak N Porter N Poston
Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
Ray
Reaves Y Reichert
Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
Y Skipper Smith, C

THURSDAY, FEBRUARY 10, 1994

761

Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W
E Smyre
Snow

Y Stand], F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat
Y Taylor

Teague N Teper Y Thomas
Tillman Titus
Y Towery
N Trense

On the motion, the ayes were 94, nays 39. The motion prevailed.

N Turnquest Y Twiggs N Vaughan
Walker Y Wall
Y Watson
Y Watts

N Westmoreland White
N Williams, B Williams, R
N Yates
Y Yeargin
Murphy, Spkr

Referred to the Committee on Transportation.

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

HR 909. By Representatives White of the 161st, James of the 140th, Ray of the 128th, Groover of the 125th, Walker of the 141st and others:
A resolution urging the Georgia Airport Development Authority to locate and construct this state's next major airport in an area centrally located to Macon, Albany, and Columbus.
Referred to the Committee on Transportation.

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

HB 1713 HB 1714 HB 1715 HB 1716 HB 1717 HB 1718
TTO
HtiRa HHBB 11772234 HB 1725 HB 1728 HB 1729 HB 1730 HB 1731 HB 1732 HB 1733

HB 1734 HB 1735 HB 1736 HB 1737 HB 1754 HB 1758
HR 888
HR 894
SB 394 SB 446 SB 506 SB 512 SB 527 SB 586 SB 587 SB 588

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

HB 537 Do Pass, by Substitute HB 1270 Do Pass, by Substitute

HB 1426 Do Pass HB 1469 Do Pass

762

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 180 Do Pass, by Substitute HB 1225 Do Pass, by Substitute HB 1608 Do Pass, by Substitute HB 1637 Do Pass

HB 1664 Do Pass SB 415 Do Pass, by Substitute SB 452 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1201 Do Pass HB 1570 Do Pass, by Substitute

HB 1610 Do Pass HR 863 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 884 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Jenkins of the 110th District, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 10, 1994

763

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 1519 Do Pass SB 33 Do Pass
Respectfully submitted, /s/ Jenkins of the 110th
Vice-Chairman

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

Mr. Speaker:

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

HB 1688 Do Pass HB 1691 Do Pass HB 1692 Do Pass

HB 1711 Do Pass HB 1712 Do Pass

Respectfully submitted, Is/ Lane of the 55th
Chairman

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

HB 1688. By Representative Greene of the 158th:
A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the qualifications of mem bers of the board; to change the provisions relating to 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1691. By Representatives Greene of the 158th and Cox of the 160th:
A bill to amend an Act reconstituting the Board of Education of Early County, so as to change the provisions relating to the qualifications of mem bers of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

764

JOURNAL OF THE HOUSE,

HB 1692. By Representative Parrish of the 144th:
A bill to amend an Act to fix the compensation of the members of the Board of Education of Johnson County, so as to change the compensation of the chairman of such boards.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1711.

By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1712.

By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Tift County, so as to change the composition of commissioner districts from which mem bers of the board are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1577.

By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act creating the State Court of Mitchell County, so as to change the provisions relating to the compensation of the Judge and Solic itor of said court.

HB 1580.

By Representative Greene of the 158th:
A bill to amend an Act placing the sheriff of Calhoun County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

THURSDAY, FEBRUARY 10, 1994

765

HB 1587.

By Representative Smith of the 109th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to change the compensation of the chairperson and each mem ber of the board of commissioners.

HB 1592.

By Representatives Thomas of the 100th and Simpson of the 101st:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Carroll County during designated registra tion periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

HB 1593.

By Representatives Tillman of the 173rd, Floyd of the 172nd and Mosley of the 171st:
A bill to amend an Act entitled "an Act to repeal an Act incorporating the Town of Midway," so as to change the corporate boundaries of the City of Midway.

HB 1598.

By Representatives Skipper of the 137th and James of the 140th:
A bill to amend an Act entitled "An Act to create and establish the EllavilleSchley County Charter Commission," so as to change certain provisions rela tive to the referendum; to extend the time within which the charter commission is required to prepare, file, and complete the charter.

HB 1602.

By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to change the provisions relating to the general powers of the mayor and council.

HB 1603.

By Representatives Watson of the 139th, Floyd of the 138th, Walker of the 141st and Ray of the 128th:
A bill to amend an Act creating the Warner Robins Building Authority, so as to provide that the city clerk of the City of Warner Robins shall serve as secretary of the Authority.

HB 1604.

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 School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that school district who have annual incomes not exceeding $22,000.00 and who are 65 years of age or over.

HB 1606. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to provide a homestead exemption from all City of Centerville ad valo rem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of the City of Centerville who are 70 years of age or over.

766

JOURNAL OF THE HOUSE,

HB 1607.

By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act providing for the election of the Sumter County Board of Education," so as to change the compensation of the members of said board of education.

SB 395. By Senators Scott of the 36th, Robinson of the 16th and Clay of the 37th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, so as to define certain terms; to provide that once a student is identified by an educator as a disciplinary problem, the parent shall be invited to a school conference and visit; to provide that after such notice has been given, any breach of discipline by the student shall result in a mandatory suspension.

SB 515. By Senators Coleman of the 1st, Alien of the 2nd, Cheeks of the 23rd, Edge of the 28th and Hooks of the 14th:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for legislative intent; to provide for certain definitions; to provide for the applicability of advanced placement examina tion fees to students enrolled in private secondary schools.

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

SR 462. By Senator Starr of the 44th:
A resolution authorizing the conveyance, lease, or exchange of certain state owned real property located in Fulton County, Georgia; to provide an effec tive date.

SR 463. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexlusive easements for operation and maintenance of telecommunications and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Mclntosh, Tattnall, Gwinnett, Glynn, and Banks counties, Georgia; to pro vide an effective date.

SR 467. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of natural gas lines, sanitary sewer lines, telecommunica tions lines, electrical utilities, and water lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Fulton, Walker, Miller, Dawson, Baldwin, Bibb, and Dougherty counties, Georgia; to provide an effective date.

SR 470. By Senators Huggins of the 53rd and Farrow of the 54th:
A resolution authorizing the conveyance of certain state owned real property located in Chattooga County, Georgia; to provide an effective date.

SR 469. By Senators Farrow of the 54th and Huggins of the 53rd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.

THURSDAY, FEBRUARY 10, 1994

767

HR 662. By Representatives Murphy of the 18th, Buck of the 135th, Royal of the 164th and Skipper of the 137th:
A resolution re-creating the Joint Study Commission on Revenue Structure; providing for access by the commission and its staff to certain otherwise con fidential Department of Revenue information.

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

HB 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.

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

SB 212. By Senator Egan of the 40th:
A bill to amend an Act creating a State Court of Fulton County by consoli dation of the existing Civil Court of Fulton County and the Criminal Court of Fulton County, as amended, so as to provide an additional judge for the State Court of Fulton County; to provide for the appointment of the initial additional judge and the election of successors.

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

SB 395. By Senators Scott of the 36th, Robinson of the 16th and Clay of the 37th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the public schools, so as to define certain terms; to provide that once a student is identified by an educator as a disciplinary problem, the parent shall be invited to a school conference and visit; to provide that after such notice has been given, any breach of discipline by the student shall result in a mandatory suspension.
Referred to the Committee on Education.

SB 515. By Senators Coleman of the 1st, Alien of the 2nd, Cheeks of the 23rd, Edge of the 28th and Hooks of the 14th:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for legislative intent; to provide for certain definitions; to provide for the applicability of advanced placement examina tion fees to students enrolled in private secondary schools.
Referred to the Committee on Education.

SR 462. By Senator Starr of the 44th:
A resolution authorizing the conveyance, lease, or exchange of certain state owned real property located in Fulton County, Georgia; to provide an effec tive date.
Referred to the Committee on State Institutions & Property.

768

JOURNAL OF THE HOUSE,

SR 463. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexlusive easements for operation and maintenance of telecommunications and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Mclntosh, Tattnall, Gwinnett, Glynn, and Banks counties, Georgia; to pro vide an effective date.
Referred to the Committee on State Institutions & Property.

SR 467. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of natural gas lines, sanitary sewer lines, telecommunica tions lines, electrical utilities, and water lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Fulton, Walker, Miller, Dawson, Baldwin, Bibb, and Dougherty counties, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 469. By Senators Farrow of the 54th and Huggins of the 53rd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 470. By Senators Huggins of the 53rd and Farrow of the 54th:
A resolution authorizing the conveyance of certain state owned real property located in Chattooga County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

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

HR 884. By Representative Birdsong of the 123rd:
A resolution commending Mr. Charles "Chuck" Leavell and inviting him to appear before the House of Representatives.

Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th, Walker of the 22nd and Hooks of the 14th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions relating to professions and businesses, so as to exempt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996.

The following Committee substitute was read and adopted:

THURSDAY, FEBRUARY 10, 1994

769

A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, so as to exempt certain per sons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996; to provide for definitions; to provide for conditions and limitations; to provide for consent for certain medical ser vices; to provide for the automatic repeal of such provisions on a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relating to professions and businesses, is amended by adding at the end thereof a new Code Section 43-1-26 to read as follows:
"43-1-26. (a) As used in this Code section, the term: (1) 'Credential' or 'credentialed' means the granting of credentials by the Atlanta
Committee for the Olympic Games (AGOG) or the Atlanta Paralympic Organizing Committee (APOC).
(2) 'Games' means 'The Games of the XXVIth Olympiad.' (3) 'Olympic Family' means any credentialed athletes, coaches, trainers, and other credentialed support staff and officials of the International Olympic Committee (IOC), National Olympic Committees (NOCs), and International Sports Federations (ISFs) or their designated IOC confederations, including juries and judges for the Games. (4) 'Paralympic Family' means credentialed athletes, coaches, trainers, and other support and service staff as defined by the Atlanta Paralympic Organizing Committee (APOC) and credentialed officials of the International Paralympic Committee (IPC), National Paralympic Committees (NPCs), International Organizations for Sports for the Disabled (lOSDs), or International Sport Federations (ISFs), including juries and judges for the Paralympic Games. (5) 'Paralympic Games' means 'The Games of the Xth Paralympiad.' (b) Nothing in this title or in Title 26 shall be construed to require licensure, regis tration, or certification of persons who are nonresidents of this state, who hold a current and valid professional license, certificate, registration, or other authorization to practice any profession regulated under this title or under Title 26 from any state or country, who are credentialed by the Atlanta Committee for the Olympic Games (ACOG) for involvement in events sponsored by ACOG or by the Atlanta Paralympic Organizing Committee (APOC) for involvement in events sponsored by APOC, and whose practice in Georgia is limited to specific, time-limited services to athletes and other members of the Olympic Family or Paralympic Family in connection with 'The Games of the XXVIth Olympiad' and 'The Games of the Xth Paralympiad' scheduled to be held in Georgia in 1996. (c) Whenever the services provided for in subsection (b) of this Code section are health care services, including but not limited to the prescribing or dispensing of phar maceutical products, then such services shall only be provided to the Olympic Family or Paralympic Family at the sites designated by either the Atlanta Committee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC). Per sons exempted from licensure by this Code section who provide such health care services shall provide those services only to members of the Olympic Family or Paralympic Fam ily who are citizens or members of the delegation of that provider's sponsoring country as credentialed by the Atlanta Committee for the Olympic Games (ACOG) or the Atlanta Paralympic Organizing Committee (APOC). Nothing in this Code section shall be construed to authorize or grant hospital medical staff privileges at any hospital, ambulatory surgery center, or outpatient care center or other health care facility. (d) Notwithstanding any other provision of law to the contrary, the official Chef de Mission who is responsible for any team member participating in events at the invitation of the International Olympic Committee or the International Paralympic Committee

770

JOURNAL OF THE HOUSE,

may give consent to the furnishing of hospital, medical, and surgical care to a minor who is a team member and that consent shall not be subject to disaffirmance because of minority. The consent of the parent or parents of that person shall not be necessary in order to authorize hospital, medical, and surgical care.
(e) This Code section shall be automatically repealed on December 31, 1996."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
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 Bates
Y Benefield Y 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 Carlisle
Y Carrell Y Carter Y Cauthorn
Chambless Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman, B
Coleman, T

Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart Y Epps
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
Henson Y Holland Y Holmes

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

Y Mobley, B Y Mobley, J Y Moore
Mosley Y Mueller Y Oliver
O'Neal Y Orrock
Y Padgett Y Parham
Parrish Y Patten
Pelote Y Perry Y Pinholster
YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall
Y Randolph Ray Reaves
Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, L
Smith, P Y Smith, T Y Smith, V
Y Smith, W E 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
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 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1505.

By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th, Watson of the 139th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to revise definitions; to pro vide for conditions which create rebuttable presumptions with regard to the causation of accidents and injuries or deaths.

The following amendment was read and adopted:

The Committee on Industrial Relations moves to amend HB 1505 by adding on line 5 of page 20 after the numeral "15" and before the word "days" the following:

THURSDAY, FEBRUARY 10, 1994

771

The following amendment was read and lost:
Representative Childers of the 13th moves to amend HB 1505 as follows:
By deleting Section (b) beginning on line 31 page 6 through line 2 page 7.
The following amendment was read:
Representative Pinholster of the 15th moves to amend HB 1505 by inserting on line 14 of page 1 between the word and symbol "division;" and the word "to" the following:
"to provide that the claimant shall be responsible for payment of attorney's fees;"
By inserting between lines 6 and 7 of page 11 the following:
"Section 8.1. Said chapter is further amended by striking subsection (a) of Code Sec tion 34-9-108, relating to approval of attorney's fees by the board, in its entirety and inserting in its place the following:
'(a) The fee of an attorney for service to a claimant in an amount of more than $100.00 shall be subject to the approval of the board, and no attorney shall be entitled to collect any fee or gratuity in excess of $100.00 without the approval of the board. The board shall approve no fee of an attorney for services to a claimant in excess of 25 percent of the claimant's award of weekly benefits or settlement. Except as pro vided for in subsection (b) of this Code section, the fee of an attorney for services to a claimant shall be solely the responsibility of the claimant and shall be paid by such claimant from the claimant's award. The attorney's fees shall not be deducted from such award by the board or by an insurer or employer prior to payment of the award to the claimant.'"
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

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

Y Channell N Childers N Clark
N Coker Y Coleman, B
Coleman, T N Colwell N Connell N Cox N Crawford
N Crews N Culbreth N Cummings
Davis, G N Davis, M Y Dickinson
Y Dix Dixon, H
N Dixon, S
N Dobbs N Ehrhart
N Epps N Evans
Y Felton N Ployd, J.M N Ployd, J.W
N Godbee Golden
Y Goodwin
N Greene

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

N Ladd Y Lakly
Lane, D N Lane, R Y Lawrence N Lawson
Lee N Lewis N Lord N Lucas
Y Maddox N Mann
N Martin N McBee N McClinton
McKinney Y Milam Y Mills
N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller N Oliver
O'Neal N Orrock
N Padgett N Parham N Parrish
N Patten

N Pelote N Perry Y Pinholster N Poag N Polak N Porter
Poston N Powell
N Purcell, A N Purcell, B E Randall N Randolph
N Ray N Reaves N Reichert
N Roberts N Royal N Scoggins
N Shanahan N Sherrill N Shipp N Simpson
Sinkfield N Skipper N Smith, C N Smith, L Y Smith, P
N Smith, T N Smith, V Y Smith, W

772

JOURNAL OF THE HOUSE,

E Smyre N Snow
Stancil, F Y Stancil, S N Stanley, L
Stanley, P

N Stephenson Streat
N Taylor Teague
N Teper N Thomas

N Tillman N Titus
N Towery N Trense
Turnquest N Twiggs

N Vaughan Walker
N Wall
N Watson N Watts Y Westmorland

N White Williams, B Williams, R
Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 29, nays 120. The amendment was lost.

Representative Childers of the 13th moved that the House reconsider its action in fail ing to adopt the Childers amendment:
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 N Bargeron N Barnes N Bates N Benefield
N Birdsong
Y Bordeaux N Bostick Y Breedlove Y Brooks, D
Y Brooks, T Y Brown
NBuck Y Buckner Y Bunn N Burkhalter
YByrd
N Campbell
N Canty Carlisle Carrell
Y Carter N Cauthorn
N Chambless N Chandler N Channell Y Childers Y Clark Y Coker N Coleman, B
Coleman, T

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

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

N Mobley, B N Mobley, J N Moore Y Mosley
N Mueller
N Oliver O'Neal
N Orrock
N Padgett Par ham
N Parrish N Patten Y Pelote Y Perry Y Pinholster
NPoag Y Polak N Porter
N Poston N Powell
N Purcell, A N Purcell, B E Randall Y Randolph
NRay N Reaves
N Reichert N Roberts N Royal Y Scoggins Y Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield
N Skipper

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

On the motion, the ayes were 49, nays 114. The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, 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 Y Carrell Y Carter Y Cauthorn

Y Chambless
Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B

THURSDAY, FEBRUARY 10, 1994

773

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

Y Lane, R
Y Lawrence Y Lawson
YLee Y Lewis YLord
Y Lucas Y Maddox
YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills N Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller Y Oliver
O'Neal Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry

Y Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A
Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W
E Smyre

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

On the passage of the Bill, as amended, the ayes were 166, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1505 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern assumed the Chair.

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

HB 1429.

By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993.

The following amendment was read:

Representative Irvin of the 45th moves to amend HB 1429 on page 27, line 28, change "may" to "shall" On page 27, line 29, delete "but not limited to" and insert "at least".

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

Y Ashe Y Atkins Y Bailey N Baker Y Bannister N Barfoot

Y Bargeron N Barnes Y Bates Y Benefield N Birdsong N Bordeaux

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

N Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty

Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler

774

JOURNAL OF THE HOUSE,

Y Channell
N Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T
N Colwell Connell
NCox Crawford
Y Crews Y Culbreth Y Cummings N Davis, G
Y Davis, M Y Dickinson
Dix Y Dixon, H N Dixon, S
Dobbs
Y Ehrhart N Epps Y Evans Y Felton Y Floyd, J.M N Floyd, J.W N Godbee Y Golden N Goodwin
N Greene

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

Ladd Y Lakly N Lane, D Y Lane, R Y Lawrence N Lawson YLee Y Lewis
YLord N Lucas
Y Maddox YMann N Martin N McBee N McClinton
N McKinney Milam
Y Mills N Mobley, B
Y Mobley, J
Y Moore Y Mosley Y Mueller Y Oliver
N O'Neal N Orrock Y Padgett Y Parham Y Parrish
Patten

N Pelote Y Perry
Y Pinholster YPoag N Polak
Y Porter N Poston N Powell N Purcell, A Y Purcell, B E 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 Skipper N Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W

On the adoption of the amendment, the ayes were 94, nays 70. The amendment was adopted.

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

Representative Holmes of the 53rd moved that the House reconsider its action in adopting the Irvin amendment.

Representative Groover of the 125th moved that HB 1429 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

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

N Clark N Coker N Coleman, B
Y Coleman, T Y Colwell
Connell
YCox Crawford
N Crews Y Culbreth Y Cummings Y Davis, G
N Davis, M N Dickinson N Dix Y Dixon, H Y Dixon, S Y Dobbs N 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

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

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

Y Purcell, A Y Purcell, B E Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, L
Y Smith, P Y Smith, T N Smith, V N Smith, W E Smyre YSnow Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P
Y Stephenson Y Streat Y Tayior
Teague

THURSDAY, FEBRUARY 10, 1994

775

N Teper Y Thomas
Y Tillman N Titus

N Towery N Trense
Y Turnquest Y Twiggs

N Vaughan Y Walker
N Wall Y Watson

Y Watts N Westmorland
Y White N Williams, B

N Williams, R N Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 110, nays 60. The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 908. By Representatives Smith of the 109th, Milam of the 130th, Purcell of the 147th, Sherrill of the 62nd, Maddox of the 108th and others:
A resolution recognizing the American Association of Retired Persons and declaring AARP Day at the Capitol.

HR 910. By Representative Smith of the 169th: A resolution commending Hallie Ward Edwards.

HR 911. By Representative Tillman of the 173rd: A resolution commending Dr. Carolyn E. Hill.

HR 912. By Representative Tillman of the 173rd: A resolution commending Larry E. Dixon.

HR 913. By Representatives Brooks of the 54th, Stanley of the 50th, Stanley of the 49th, McKinney of the 51st, Sinkfield of the 57th and others:
A resolution celebrating the life of the Reverend William Holmes Borders, Sr., and expressing regret at his passing.

HR 914. By Representative Tillman of the 173rd: A resolution commending Gary Cook.

HR 915. By Representative Tillman of the 173rd: A resolution commending the Reverend Robert L. "Jackey" Beavers.

HR 916. By Representatives Bunn of the 74th, Purcell of the 9th, Roberts of the 162nd, Breedlove of the 85th, Moore of the 113th and others:
A resolution commending JoAnne Shirley.

HR 917. By Representatives Bunn of the 74th, Purcell of the 9th, Roberts of the 162nd, Breedlove of the 85th, Moore of the 113th and others:
A resolution commending George W. Bentley III.

HR 918. By Representatives Bunn of the 74th, Purcell of the 9th, Roberts of the 162nd, Breedlove of the 85th, Moore of the 113th and others:
A resolution commending Jo Ann Shaw.

776

JOURNAL OF THE HOUSE,

HR 919. By Representative Carter of the 166th: A resolution commending Cook County High School.

HR 920. By Representatives Hughes of the 19th, Lawson of the 20th, Mills of the 21st and Stephenson of the 25th:
A resolution commending the Gainesville-Hall County '96 Roundtable.

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

HB 1636.

By Representative Davis of the 48th:
A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mort gage brokers, so as to provide for definitions; to revise and provide for exemptions from licensing and other requirements; to authorize the promul gation of rules and regulations.

The following amendment was read and adopted:

The Committee on Banks and Banking moves to amend HB 1636, Line 23, Page 15 to add "in Georgia" after the word "business".

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
Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown YBuck
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
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 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 Irvin Y James
Jamieson Y Jenkins
Johnson, D.H
Y Johnson, E Johnson, G
Y Johnson, J Y Johnston Y Jones N Joyce Y Kaye
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 YMann Y Martin Y McBee Y McClinton Y McKinney 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, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skipper

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

THURSDAY, FEBRUARY 10, 1994

777

On the passage of the Bill, as amended, the ayes were 161, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1636 was ordered immediately transmitted to the Senate.

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

Mr. Speaker:
The Senate has disagreed to the House amendments to the following Bill of the Sen ate:

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

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

778

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
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 898 Do Pass Respectfully submitted,
/s/ Lee of the 94th Chairman
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:
SR 501. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th: A resolution relative to adjournment.
Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 814. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th: A resolution authorizing the conveyance of certain state owned real property located in Floyd County, Georgia.
The following amendment was read and adopted:
The Committee on State Institutions and Property moves to amend HR 814 as fol lows:
Line 12 - Page 1 After the word "approximately" "strike 15.74 and insert 17.54".
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

THURSDAY, FEBRUARY 10, 1994

779

HR 816. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A resolution authorizing the conveyance of certain state owned real property located in Glynn County, Georgia.

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

HR 817. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A resolution authorizing the conveyance of certain state owned real property located in Glynn County, Georgia.

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

HR 818. By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th, Klein of the 39th, Atkins of the 29th and others:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia.

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

HR 819. By Representatives Dixon of the 150th and Mueller of the 152nd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Chatham County, Georgia.

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

HR 823. By Representative Godbee of the 145th:
A resolution authorizing the conveyance of certain state owned real property located in Jenkins County, Georgia.

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

HR 842. By Representatives Purcell of the 147th and Oliver of the 154th:
A resolution authorizing the leasing of certain state owned real property in Bryan County.

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

HR 859. By Representatives Twiggs of the 8th and Colwell of the 7th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.

780

JOURNAL OF THE HOUSE,

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

HR 861. By Representatives Twiggs of the 8th and Colwell of the 7th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.

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

By unanimous consent, the following vote was made applicable to the previously read Resolutions.
On the adoption of the Resolutions, the ayes were 95, nays 0.
The Resolutions, having received the requisite constitutional majority, were adopted.

HR 815. By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A resolution expressing appreciation to Georgia's World War II veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erect ing a monument in honor of Georgia's World War II veterans.

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
Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D
Brooks, T Brown
Y Buck Y Buckner Y Bunn Y Burkhalter
Byrd Y Campbell
Y Canty Carlisle
Y Carrell Carter
Y Cauthorn Chambless
Y Chandler Channell
Y Childers Y Clark

Y Coker Y Coleman, B
Coleman, T Colwell Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M
Y Dickinson YDix
Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans
Felton 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 Hart

Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes Howard
Y Hudson Y Hughes Y Hugley Y Irvin
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
Y Lane, R Y Lawrence
Lawson Y Lee Y Lewis
Lord

Y Lucas Y Maddox Y Mann Y Martin Y McBee
McClinton McKinney Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock
Padgett Parham Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter
Y Poston Y Powell Y Purcell, A
Purcell, B E Randall Y Randolph

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

THURSDAY, FEBRUARY 10, 1994

781

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 adoption of the Resolution, the ayes were 128, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 860. By Representatives Buckner of the 95th and Channell of the lllth:
A resolution urging the Department of Natural Resources to develop and dis seminate to the public information relating to special hunts to reduce local ized overpopulation of deer.

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
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove N Brooks, D
Brooks, T Brown Y Buck Y Buckner Y Bunn Y Burkhalter Byrd Y Campbell Y Canty Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker N Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M N Dickinson YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Felton Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Goodwin Greene Y Groover Y Hammond Y Hanner 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 Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E N Johnson, G
Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson Y Lee Y Lewis
Lord Y Lucas N Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

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

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

On the adoption of the Resolution, the ayes were 124, nays 10. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1613.

By Representatives Bates of the 179th, Yeargin of the 90th, Watts of the 26th, Lane of the 55th and Mobley of the 86th:
A bill to amend Code Section 48-13-6 of the Official Code of Georgia Anno tated, relating to the levy of occupation tax by counties and municipalities, and Code Section 48-13-16 of the Official Code of Georgia Annotated, relat ing to businesses or practitioners of occupations exempt from occupation taxes of local governments, so as to clarify that certain businesses and occu pations are not subject to the provisions of Article 1 of Chapter 13 of Title 48, but remain subject to taxation under other provisions of general law and municipal charters.

782

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
Barnes Y Bates
Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown
YBuck Y Buckner N Bunn Y Burkhalter
Byrd 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

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 Ehrhart
Epps Y Evans Y Felton
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

Howard Y Hudson Y Hughes
Y Hugley Y Irvin
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 Y Lee Y Lewis
Lord Y Lucas Y Maddox
Y Mann Y Martin Y McBee
McClinton McKinney Y Milam Y Mills

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

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W E Smyre
Snow Y Stancil, F
Y Stancil, S Stanley, L Stanley, P
Y Stephenson Y Streat
Y Taylor Y Teague YTeper Y Thomas 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, the ayes were 147, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 828. By Representatives Cauthorn of the 35th, Bostick of the 165th, Barnes of the 33rd, Groover of the 125th, Towery of the 30th and others:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for discovery and inspection in crimi nal cases; to provide for disclosure of evidence by the prosecution and defendants.

The following Committee substitute was read:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal pro cedure, so as to provide for the comprehensive regulation of discovery and inspection in criminal cases; to provide for conditions, limitations, and procedures with respect thereto; to change certain provisions regarding the furnishing of indictments, accusations, and wit ness lists and the permitting of certain witnesses to testify; to provide for definitions; to provide for applicability; to provide for disclosure of evidence by the prosecution and defendants; to provide for exceptions; to provide for continuing duties to disclose; to pro vide for discovery with respect to alibi witnesses; to provide for production of statements of witnesses; to provide for court orders with respect to failure to comply; to provide for

THURSDAY, FEBRUARY 10, 1994

783

lists of witnesses; to provide for reimbursement for certain costs; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of certain records, so as to change certain provisions regarding criminal history records; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-110, relating to a indictments, accu sations, and witness lists, which reads as follows:
"17-7-110. Prior to his arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against him is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state in his place that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnish ing the defendant with a list of the witnesses." and inserting in its place a new Code Section 17-7-110 to read as follows:
"17-7-110. Reserved."
Section 2. Said title is further amended by striking Code Section 17-7-210, relating to a defendant's right to certain statements, which reads as follows:
"17-7-210. (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by him while in police custody. The defendant may make his request for a copy of any such statement, in writing, within any reasonable period of time prior to trial.
(b) If the defendant's statement is oral or partially oral, the prosecution shall fur nish, in writing, all relevant and material portions of the defendant's statement.
(c) Failure of the prosecution to comply with a defendant's timely written request for a copy of his statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal.
(d) If the defendant's statement is oral, no relevant and material (incriminating or inculpatory) portion of the statement of the defendant may be used against the defend ant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant.
(e) This Code section shall not apply to evidence discovered after a request has been filed. If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered.", and inserting in its place a new Code Section 17-7-210 to read as follows:
"17-7-210. Reserved."
Section 3. Said title is further amended by striking Code Section 17-7-211, relating to a defendant's right to certain written scientific reports, which reads as follows:
"17-7-211. (a) As used in this Code section, the term 'written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; autopsy report by the coroner of a county or by a pri vate pathologist; blood alcohol test results done by a law enforcement agency or a pri vate physician; and similar type reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant.
(b) In all criminal trials, felony and misdemeanor, the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecu tion which will be introduced in whole or in part against the defendant by the prosecu tion in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reason able time prior to trial. If such written request is not made at arraignment, it shall be within the sound discretion of the trial judge to determine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available

784

JOURNAL OF THE HOUSE,

to the prosecuting attorney, he must comply with this Code section at least ten days prior to the trial of the case.
(c) Failure by the prosecution to furnish the defendant with a copy of any written scientific report, when a proper and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal.", and inserting in its place a new Code Section 17-7-211 to read as follows:
"17-7-211. Reserved."
Section 4. Said title is further amended by adding a new chapter at the end thereof, to be designated Chapter 16, to read as follows:
"CHAPTER 16 ARTICLE 1
17-16-1. As used in this chapter, the term: (1) 'Possession, custody, or control of the state' means an item which is within the
possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted.
(2) 'Statement of a witness' means: (A) A written or recorded statement, or copies thereof, made by the witness that
is signed or otherwise adopted or approved by the witness; (B) A substantially verbatim recital of an oral statement made by the witness
that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcrip tion thereof; or
(C) A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made by counsel. (3) 'Witness' does not include the defendant. 17-16-2. (a) This article shall apply to all criminal cases in which at least one felony offense is charged. (b) This article shall not apply to juvenile court proceedings. 17-16-3. Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and a list of witnesses that may be implemented pursuant to the other provisions of this article. 17-16-4. (a) (1) Upon written request of a defendant at or prior to arraignment, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, disclose to the defendant and make available for inspection, copying, or photographing any relevant written or recorded statements made by the defendant, or copies thereof, within the possession, custody, or control of the state and that portion of any written record containing the substance of any relevant oral state ment made by the defendant, whether before or after arrest, in response to interroga tion by any person then known to the defendant to be a state agent. The prosecuting attorney shall also disclose to the defendant the substance of any other relevant oral statement made by the defendant, before or after arrest, in response to interrogation by any person then known by the defendant to be a state agent if the state intends to use that statement at trial. Where the defendant is a corporation, partnership, asso ciation, or labor union, the court may grant the defendant, upon its motion, discovery of any similar such statement of any witness who was:
(A) At the time of the statement, so situated as an officer or employee as to have been legally able to bind the defendant in respect to conduct constituting the offense; or
(B) At the time of the offense, personally involved in the alleged conduct consti tuting the offense and so situated as an officer or employee as to have been legally able to bind the defendant in respect to that alleged conduct in which the witness was involved. (2) Upon written request of a defendant at or prior to arraignment, the prosecut ing attorney shall, no later than ten days prior to trial, or sooner if ordered by the

THURSDAY, FEBRUARY 10, 1994

785

court, furnish to the defendant a copy of the defendant's Georgia Crime Information Center criminal history, if any, as is within the possession, custody, or control of the state. Nothing in this Code section shall affect the provisions of Code Section 17-10-2.
(3) Upon written request of a defendant at or prior to arraignment, the prosecut ing attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant to inspect and copy or photograph books, papers, docu ments, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the state and which are material to the preparation of the defendant's case-in-chief or rebuttal at the trial or are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief or rebut tal at the trial or were obtained from or belong to the defendant. Evidence that is within the possession, custody, or control of the Forensic Sciences Division of the Georgia Bureau of Investigation or other laboratory for the purpose of testing and analysis may be examined, tested, and analyzed at the facility where the evidence is being held pursuant to the rules and regulations adopted by the Forensic Sciences Division of the Georgia Bureau of Investigation or the laboratory where the evidence is being held.
(4) (A) Except as otherwise provided in subparagraph (B) of this paragraph, upon written request of a defendant at or prior to arraignment, the prosecuting attorney shall, no later than ten days prior to trial, or sooner if ordered by the court, permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments, or copies thereof, which are within the possession, custody, or control of the state which the state intends to introduce in evidence in its case-in-chief or in rebuttal or were prepared by a witness whom the state's attorney intends to call at trial when the results or reports relate to that witness's testimony.
(B) The prosecuting attorney shall not be required to permit the defendant to inspect and copy or photograph any results or reports, or portions thereof, of mental examinations which pertain to the victim of the crime of which the defendant is accused, upon a finding by the court, following an in camera hearing, that such results or reports, or portions thereof, are entitled to be withheld. The court shall conduct a separate in camera hearing to hear arguments from the defendant with respect to the materiality of such results or reports, or portions thereof, to the defendant's case. The court shall decide, following both in camera hearings, the extent to which the prosecuting attorney shall not be required to permit the defend ant to inspect and copy or photograph such results or reports, or portions thereof. The prosecuting attorney shall be required to permit such inspection and copying or photographing except as otherwise specified by the court. (5) Except as provided in paragraphs (1), (2), and (4) of this subsection, this Code section does not authorize the discovery or inspection of reports, memoranda, or other internal state documents made by the prosecuting attorney or other state agents in connection with the investigation or prosecution of the case or of statements made by state witnesses or of prospective state witnesses, except as provided in Code Section 17-16-7.
(b) (1) (A) If the defendant requests disclosure under paragraph (3) or (4) of sub section (a) of this Code section, upon compliance with such request by the prosecut ing attorney, the defendant, upon compliance by the prosecuting attorney, and no later than five days prior to trial, whichever is later, or as otherwise ordered by the court, shall permit the prosecuting attorney to inspect and copy or photograph books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof or to inspect and photograph buildings or places, which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial. (B) If the defendant requests disclosure under paragraph (3) or (4) of subsection (a) of this Code section, upon compliance with such request by the prosecuting

786

JOURNAL OF THE HOUSE,

attorney, the defendant, upon compliance by the prosecuting attorney, or within five days prior to trial, whichever is later, or as otherwise ordered by the court, shall permit the prosecuting attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the defendant which the defendant intends to introduce as evidence in the defense's case-in-chief or rebuttal at the trial or which were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to that witness's testimony. (2) Except as to scientific or medical reports, this subsection does not authorize the discovery or inspection of reports, memoranda, or other internal documents of the defendant's case made by the defendant or the defendant's attorneys or agents in con nection with the investigation or defense of the case or of statements made by the defendant or by state witnesses or witnesses of the defendant or by prospective state witnesses or witnesses of the defendant to the defendant or the defendant's agents or attorneys, except as provided in Code Section 17-16-7. (c) If prior to or during trial a party discovers additional evidence or material previ ously requested or ordered which is subject to discovery or inspection under this Code section, such party shall promptly notify the other party of the existence of the addi tional evidence or material and make this additional evidence or material available as provided in this Code section. (d) Upon a sufficient showing that a discovery required by this Code section would create a substantial threat of physical or economic harm to a witness, the court may at any time order that the discovery or inspection be denied, restricted, or deferred or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court subject to further order of the court and to be made available to the appellate court in the event of an appeal.
(e) Discovery with respect to alibi witnesses shall be as provided for in Code Section 17-16-5.
17-16-5. (a) Upon written demand, at or prior to arraignment, of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within ten days of the demand of the prosecuting attorney or five days prior to trial, whichever is later, or as otherwise ordered by the court, upon the prosecuting attorney a written notice of the defendant's intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names, addresses, dates of birth, social security numbers, and telephone numbers of the wit nesses, if known to the defendant, upon whom the defendant intends to rely to establish such alibi.
(b) The prosecuting attorney shall serve upon the defendant a written notice stating the names, addresses, dates of birth, social security numbers, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut the defendant's evidence of alibi not previously disclosed to the defendant pursuant to Code Section 17-16-8 upon learning the same.
(c) If prior to or during trial, a party learns of an additional witness whose identity, if known, should 'have been included in the information furnished under subsection (a) or (b) of this Code section, the party shall promptly notify the other party of the exis tence and identity of such additional witness.
(d) Upon a showing that a disclosure required by this Code section would create a substantial threat of physical or economic harm to a witness, the court may grant an exception to any of the requirements of subsections (a) through (c) of this Code section.
(e) Evidence of an intention to rely upon an alibi defense which is withdrawn prior to trial and witness statements made in connection with such intention are not admissi ble. This subsection shall not apply to the defendant's out-of-court statements and shall

THURSDAY, FEBRUARY 10, 1994

787

not apply to any witness's out-of-court statements in the event the witness testifies at trial.
17-16-6. If at any time during the course of the proceedings it is brought to the attention of the court that the state has failed to comply with the requirements of this chapter, the court may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, pro hibit the state from introducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. If at any time during the course of the proceedings it is brought to the attention of the court that the defendant has failed to comply with the requirements of this chapter, the court may order the defendant to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit the defendant from introducing the evidence not disclosed or presenting the witness not dis closed, or may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may prescribe such terms and conditions as are just.
17-16-7. No later than ten days prior to trial, the prosecution or the defendant shall produce for the opposing party any statement of any witness that is in their possession and that relates to the subject matter concerning the testimony of a witness if the prose cution or the defendant intends to call such witness at trial.
17-16-8. Upon written request of any party, the prosecuting attorney, not later than ten days before trial, and the defendant's attorney, after compliance by the prosecuting attorney, no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, cur rent location, dates of birth, social security numbers, and telephone numbers of each witness, unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify.
17-16-9. Any party providing documents or statements to another party under this article shall be reimbursed for the actual cost incurred in providing such documents, except that if the court has determined the defendant to be indigent, such reimburse ment by the defendant shall be waived.
ARTICLE 2
17-16-20. The provisions of this article shall apply to all criminal cases not covered by Article 1 of this chapter.
17-16-21. Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against such person is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state that the evidence sought to be presented is newly dis covered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses.
17-16-22. (a) At least ten days prior to the trial of the case, the defendant shall be entitled to have a copy of any statement given by the defendant while in police custody. The defendant may make such request for a copy of any such statement, in writing, within any reasonable period of time prior to trial.
(b) If the defendant's statement is oral or partially oral, the prosecution shall fur nish, in writing, all relevant and material portions of the defendant's statement.
(c) Failure of the prosecution to comply with a defendant's timely written request for a copy of such defendant's statement, whether written or oral, shall result in such statement being excluded and suppressed from the prosecution's use in its case-in-chief or in rebuttal.
(d) If the defendant's statement is oral, no relevant and material, incriminating or inculpatory, portion of the statement of the defendant may be used against the defend ant unless it has been previously furnished to the defendant, if a timely written request for a copy of the statement has been made by the defendant.

788

JOURNAL OF THE HOUSE,

(e) This Code section shall not apply to evidence discovered after a request has been filed. If a request has been filed, such evidence shall be produced as soon as possible after it has been discovered.
17-16-23. (a) As used in this Code section, the term 'written scientific reports' includes, but is not limited to, reports from the Division of Forensic Sciences of the Georgia Bureau of Investigation; an autopsy report by the coroner of a county or by a private pathologist; blood alcohol test results done by a law enforcement agency or a pri vate physician; and similar types of reports that would be used as scientific evidence by the prosecution in its case-in-chief or in rebuttal against the defendant.
(b) In all criminal trials the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be intro duced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal. The request for a copy of any written scientific reports shall be made by the defendant in writing at arraignment or within any reasonable time prior to trial. If such written request is not made at arraignment, it shall be within the sound discretion of the trial judge to determine in each case what constitutes a reasonable time prior to trial. If the scientific report is in the possession of or available to the prosecuting attor ney, the prosecuting attorney must comply with this Code section at least ten days prior to the trial of the case.
(c) Failure by the prosecution to furnish the defendant with a copy of any written scientific report, when a proper and timely written demand has been made by the defendant, shall result in such report being excluded and suppressed from evidence in the prosecution's case-in-chief or in rebuttal."
Section 5. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to dissemination of certain records, is amended by striking paragraph (2) of subsection (a), which reads as follows:
"(2) Make criminal history records available to parties to any criminal action upon receipt of a written request of such party or his attorney. Such request shall contain the style of the action, the name of the person whose records are requested, and a statement that such person is a party or a prospective witness in said case; and", and inserting in its place a new paragraph (2) to read as follows:
"(2) Make criminal history records of the defendant or witnesses in a criminal action available to counsel for the defendant upon receipt of a written request from the defend ant's counsel under the following conditions:
(A) Such request shall contain the style of the case and the name and identifying information for each person whose records are requested. Such request shall be sub mitted to the center;
(B) In cases where the court has determined the defendant to be indigent, any fees authorized by law shall be waived; and
(C) Disclosure of criminal history information to the defendant's counsel as pro vided in this paragraph shall be solely in such counsel's capacity as an officer of the court. Any use of such information in a manner not authorized by law or the court in which such action is pending where the records were disclosed shall constitute a violation of Code Section 35-3-38; and".
Section 6. This Act shall become effective on January 1, 1995.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cauthorn of the 35th moves to amend the Committee substitute to HB 828 by striking "charged." on line 22 of page 5 and inserting in its place the following:
"charged in the event that at or prior to arraignment, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case."

THURSDAY, FEBRUARY 10, 1994

789

By striking "implemented" and inserting in its place "supplemented" on line 28 of page 5.
By striking "the" and inserting in its place "reasonable" on line 28 of page 7. By striking "upon compliance with such request by the prosecuting attorney," from lines 14 and 15 of page 9. By striking "upon compliance with such request by the prosecuting attorney," from lines 32 and 33 of page 9. By striking "five" and inserting in its place "ten" on line 24 of page 11. By inserting between "defendant" and "a" on line 2 of page 12 the following: "within five days of the defendant's written notice but no later than five days before trial, whichever is later,". By striking from lines 20 and 21 of page 13 the following: "if the prosecution or the defendant intends to call such", and inserting in its place the following: "that the party in possession of the statement intends to call as a". By striking the comma on line 25 of page 13 and inserting in its place "or". By inserting "whichever is later," between "trial," and "or" on line 26 of page 13. By striking from lines 9 and 10 of page 14 the following: "to all criminal cases not covered by Article 1 of this chapter.", and inserting in its place the following: "only to misdemeanor cases."

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
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 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
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 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 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
Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson,G
Y Johnson, J Y Johnston
Jones Y Joyce YKaye

Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R
Lawrence Y Lawson
YLee Y Lewis
Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J

790

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
Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E 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 Skipper Y Smith, C
Y Smith, L
Y Smith, P
Y Smith, T Y Smith, V Y Smith, W E Smyre Y Snow

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense

Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall
Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 828 was ordered immediately transmitted to the Senate.

HB 1502.

By Representatives Baker of the 70th, Hammond of the 32nd, Cauthorn of the 35th, Simpson of the 101st, Campbell of the 42nd and others:
A bill to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to exempt limited liability companies doing business under their limited liability company names from the provisions of such part.

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
Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle
Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T

Y Colwell
Connell YCox
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 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 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
Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox
Y Mann
Y Martin
Y McBee McClinton McKinney
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 Poweil
Y Purcell, A Purcell, B
E Randall Y Randolph YRay
Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skipper

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

THURSDAY, FEBRUARY 10, 1994

791

On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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

HR 898. By Representative Groover of the 125th:
A resolution recognizing General Carl E. Mundy and inviting him to appear before the House of Representatives.

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

HB 1209.

By Representatives Dobbs of the 92nd, Twiggs of the 8th, Colwell of the 7th, Sherrill of the 62nd, Lane of the 146th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to add state and federal appellate judges to the list of persons exempt from certain provisions of law relating to carrying weapons at school functions or on school property and relating to the possession and carrying of firearms.

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
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
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 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 Ehrhart Y Epps
Evans Felton Y Floyd, J.M Floyd, J.W
Y Godbee Y Golden Y Goodwin
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 Y Hugley
Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G
Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney 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
Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper

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

792

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1220.

By Representatives Hughes of the 19th, Streat of the 167th, Coleman of the 142nd and Lane of the 146th:
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 that a person commits criminal trespass by entering the posted land of another; to amend Chapter 1 of Title 44 of the Official Code of Geor gia Annotated, relating to property, so as to provide methods of posting notice not to enter or remain upon land.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal trespass and damage to property, so as to provide that a person commits criminal trespass by entering the posted land of another or by entering the track of a railroad or riding, driving, or leading an animal onto a railroad track; to provide cer tain interference with the operation of railroad companies constitutes criminal damage to property in the first degree; to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide methods of posting notice not to enter or remain upon land; to provide for the color of paint to be used for posting; to prohibit the use of such color of paint for other purposes; to prohibit posting by persons other than the owner or lessee of land; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Anno tated, relating to criminal trespass and damage to property, is amended by striking in its entirety Code Section 16-7-21, relating to criminal trespass, and inserting in lieu thereof a new Code section to read as follows:
"16-7-21. (a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without his the consent of the owner or rightful occupant and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of another person without hfe the consent of the owner or rightful occupant.
(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:
(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;
(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is for bidden; er
(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart? j
(4) Enters upon the land or premises of another when such land or premises are posted in accordance with Code Section 44-1-17 without written permission of the owner or lessee of the real property; provided, however, that it shall be an affirmative

THURSDAY, FEBRUARY 10, 1994

793

defense to prosecution under this subsection that consent was given by a person hold ing himself or herself out to be the owner, lessee, or agent of the owner or lessee of the property; or
(5) Enters upon the track of a railroad other than to pass over the track of such railroad at a public or private crossing, or who willfully rides, drives, or leads any ani mal or contrives for any animal to go on such track, except to cross at a public or private crossing, without the consent of the railroad company or the person operating such railroad. (c) A person who commits the offense of criminal trespass shall be guilty of a misde meanor. A person committing the offense of criminal trespass as set forth in paragraph (5) of subsection (b) of this Code section shall be punished by a fine of not more than $100.00 for the first offense nor more than $250.00 for each succeeding offense."
Section 2. Said article is further amended by striking subsection (a) of Code Section 16-7-22, relating to criminal damage to property in the first degree, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person commits the offense of criminal damage to property in the first degree when h such person:
(1) Knowingly and without authority interferes with any property in a manner so as to endanger human life; or
(2) Knowingly and without authority and by force or violence interferes with the operation of any system of public communication, public transportation, sewerage, drainage, water supply, gas, power, railroad companies, or other public utility service or with any constituent property thereof."
Section 3. Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new Code section to be designated Code Section 44-1-17 and to read as follows:
"44-1-17. (a) In addition to or as an alternative to any other method provided by law for notifying persons not to enter or remain upon real property, the owner or lessee of real property may use the methods of posting set out in this subsection:
(1) By placing signs around the boundaries of the property at points no more than 100 feet apart and at each point of entry. The signs shall bear the words 'Posted' or 'No Trespassing' or both in letters at least four inches high and shall be so placed as to be readily visible to any person approaching the property; or
(2) By placing identifying paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length, and the bottom of the mark shall be no less than three feet nor more than five feet high. Such paint marks shall be placed no more than 100 feet apart and shall be readily visible to any person approaching the property. (b) The type and color of the paint to be used for posting shall be prescribed by reg ulation by the State Forestry Commission. The commission shall not select a color that is presently being used by the timber industry in this state to mark land lines or prop erty lines. (c) The color of paint prescribed by the State Forestry Commission for posting pur poses shall not be used on trees or posts for any other purpose. Any person who know ingly paints such color on any tree or post for any reason other than posting real property pursuant to this Code section shall be guilty of a misdemeanor. (d) A person who posts any lands which the person does not own or lease except with the written permission of the owner or lessee shall be guilty of a misdemeanor."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to HB 1220 as follows:

794

JOURNAL OF THE HOUSE,

By striking Lines 3 through 10 on page 3.

The Committee substitute, as amended, was adopted.

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

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

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

Y Howard Y Hudson Y Hughes
Y Hugley Irvin
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
N Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas N Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
Y Oliver N O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry N Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E 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 Skipper

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

On the passage of the Bill, by substitute, as amended, the ayes were 133, nays 32.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1416.

By Representative Lane of the 55th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to financial affairs of the General Assembly, so as to repeal the "Local Government Impact Fiscal Notes Act"; to provide that this Act shall not apply to certain bills affecting expenditures of counties, municipali ties, or school boards or any combination thereof.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to repeal the "Local Government Impact

THURSDAY, FEBRUARY 10, 1994

795

Fiscal Notes Act"; to provide procedures for the introduction, consideration, and passage of bills imposing unfunded costs on counties, municipalities, or school boards or any com bination thereof or bills reducing sources of revenue for counties, municipalities, or school boards or any combination thereof; to provide a short title; to define certain terms; to pro vide that a mandated expenditure bill shall carry a legislative counsel number when intro duced; to provide for changes in mandated expenditure bills prior to introduction; to provide prerequisites to introduction of bills affecting the expenditures of counties, munic ipalities, or school boards or any combination thereof; to provide for the amendment of bills affecting the expenditures of counties or municipalities or both which are not mandated expenditure bills; to provide for the introduction of mandated expenditure bills and for preliminary consideration by legislative committees; to provide for perfection of mandated expenditure bills by legislative committees and for a cost analysis of such bills; to provide for the scope of the cost analysis undertaken by the state auditor; to provide for the publication and distribution of the cost analysis and summary of the findings of the state auditor; to provide for consideration of a mandated expenditure bill by the Gen eral Assembly and procedures and restrictions relative to amendments to such bills; to pro vide for the effect of bills which have been passed without compliance with this Act; to provide that this Act shall not apply to certain bills affecting expenditures of counties, municipalities, or school boards or any combination thereof; 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 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, is amended by striking in its entirety Article 3A, known as the "Local Government Impact Fiscal Notes Act," and inserting in lieu thereof a new Article 3A to read as follows:
"ARTICLE 3A
28-5-47. This article shall be known and may be cited as the 'Local Government Unfunded Mandate Procedures Act.'
28-5-48. As used in this article, the term: (1) 'Cost analysis' means an analysis of the costs to counties, municipalities, or
school boards as a result of the passage and implementation of a proposed mandated expenditure bill.
(2) 'County' means a county government located in the State of Georgia. (3) 'Local governments' means counties, municipalities, or school boards or any combination thereof. (4) (A) 'Mandated expenditure bill' means any bill or joint resolution introduced into the General Assembly which:
(i) Would require a county, municipality, or school board to provide or increase a service or which would increase the costs to a county, municipality, or school board in providing a service;
(ii) Would require a county, municipality, or school board to undertake a new program or function or to expand an existing program or function;
(iii) Would forbid, restrict, or reduce any source of revenue for a county, municipality, or school board; or
(iv) Would result in any combination of the requirements, restrictions, or reductions enumerated in divisions (i) through (iii) of this subparagraph. (B) 'Mandated expenditure bill' shall not mean any bill or joint resolution requiring an expenditure of less than $150,000.00 of public funds by counties, municipalities, or school boards. (5) 'Municipality' means an incorporated municipality of the State of Georgia. Such term shall also include consolidated municipal and county governments and uni fied municipal and county governments. (6) 'School board' means the board of education of a county, independent, or area public school system.

796

JOURNAL OF THE HOUSE,

28-5-49. No bill affecting the expenditures or revenues of local governments may be introduced by any member of the General Assembly unless, at the time of its introduc tion, the bill has printed thereon in the upper right portion of each page of the bill an LC number. Once a mandated expenditure bill is presented by the Office of Legislative Counsel to a member of the General Assembly, neither the Office of Legislative Counsel nor any person shall make any change in the mandated expenditure bill prior to its introduction into the General Assembly unless the bill is returned to the Office of Legis lative Counsel and that office assigns a new LC number to the bill.
28-5-50. As a condition precedent to the introduction of any bill affecting the expenditures or revenues of local governments, the member of the General Assembly who intends to be the primary sponsor of the bill must present an exact copy of the proposed bill, which must bear an LC number, to the state auditor. The state auditor shall determine whether the proposed bill is a mandated expenditure bill and provide a written certification of that determination to the member of the General Assembly who intends to be the primary sponsor of the bill. Such certification shall specifically identify the proposed bill by reference to the LC number. If the proposed bill is intro duced into the General Assembly, it shall have attached thereto the original of the certi fication of the state auditor. If the LC number on the bill as offered for introduction is different from the LC number shown on the state auditor's certification or if the bill as offered for introduction does not bear an LC number on each page of the bill, the bill may not be accepted for introduction by the Secretary of the Senate or the Clerk of the House of Representatives, and the bill may not be considered by any committee of the House or Senate or by the House or Senate. If the bill is certified as a mandated expenditure bill, its introduction shall also be limited by the provisions of subsection (a) of Code Section 28-5-52.
28-5-51. (a) A bill affecting the expenditures or revenues of local governments which is not a mandated expenditure bill may be introduced at any time during any reg ular session of the General Assembly. After its introduction into the General Assembly, such a bill may not be amended in any manner to cause the bill to become a mandated expenditure bill. Any amendment to such a bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certifies in writing that the amendment does not cause the bill to become a mandated expenditure bill, the bill, as amended, may continue in the legisla tive process as any other bill. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end, and the bill shall not be considered further by either the House or the Senate, and, if passed by the Gen eral Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.
(b) An amendment to a bill affecting the expenditures or revenues of local govern ments which is not a mandated expenditure bill which is prohibited by subsection (a) of this Code section may be withdrawn by the committee which made the amendment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amend ment.
(c) A bill affecting the expenditures or revenues of local governments which is not a mandated expenditure bill and which is not amended during the legislative process may be considered as any other bill.
28-5-52. (a) Any mandated expenditure bill may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such mandated expenditure bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly.
(b) When a mandated expenditure bill is introduced, it shall be assigned by the pre siding officer of the Senate or the House, as the case may be, to the appropriate Senate

THURSDAY, FEBRUARY 10, 1994

797

or House standing committee. If a majority of the total membership of the respective committee is opposed to the bill on its merits, no cost analysis provided for in Code Sec tion 28-5-54 shall be necessary, and the bill shall not be reported out of the committee and shall not be adopted or considered by the House or Senate. If a majority of the committee wishes to consider the bill further and votes in favor of a cost analysis of the bill, a cost analysis shall be required as provided in Code Section 28-5-54. Except as oth erwise provided by subsection (c) of this Code section, no mandated expenditure bill may be reported out of the committee to which it is assigned or may be considered or adopted by the House or Senate unless a cost analysis of the bill is made.
(c) The committee to which a mandated expenditure bill is assigned following its introduction may at any time amend the bill so that it is not a mandated expenditure bill. If the bill is so amended, an exact copy of the amended version shall be submitted by the chairperson of the committee to the state auditor. If the state auditor issues a written certification that the committee amendment has converted the status of the bill so that it is not a mandated expenditure bill, the bill shall no longer be a mandated expenditure bill for all purposes under this article as of the date of the state auditor's certification. Only the committee to which a mandated expenditure bill is originally assigned following its introduction may convert the bill as authorized in this subsection.
28-5-53. (a) A mandated expenditure bill which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay fur ther consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 28-5-54 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the President of the Senate for the Senate committee or by the Speaker of the House for the House committee, during the period beginning with the day following the close of the session and ending on July 1 immediately following the close of the session for the purpose of considering and perfecting the bill. If the bill originated in the Senate, the appropriate House committee as determined by the Speaker of the House of Repre sentatives shall be authorized to meet with the Senate committee to consider and per fect a bill during the period following the close of a regular session, and, if the bill originated in the House, the appropriate Senate committee as determined by the Presi dent of the Senate shall have the same authority. The committees may adopt such pro cedures as they find appropriate for conducting meetings at which both committees are present as authorized by this subsection. For attending meetings of their respective com mittees as authorized by this subsection, the members of the Senate and House commit tees shall receive the expenses and allowances provided by law for members of legislative interim committees. If a mandated expenditure bill is changed by the committee to which it is assigned, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized.
(b) Immediately after a mandated expenditure bill has been considered and per fected as provided in subsection (a) of this Code section, the chairperson of the commit tee to which the bill was assigned shall transmit an exact copy of the bill, as perfected by the committee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairperson of the committee requesting the state auditor to make or cause to be made a cost analysis on the bill.
27-5-54. (a) If a cost analysis of a mandated expenditure bill is requested under Code Section 28-5-53, it shall be the duty of the state auditor to complete or cause to be completed such cost analysis by not later than November 1 of the same year during which the request for the cost analysis was made. The cost analysis shall estimate the aggregate costs to taxpayers of local governments in Georgia of the proposed mandated expenditure bill.
(b) By not later than November 1 of the same year that the request for a cost analy sis was made, the completed cost analysis shall be submitted by the state auditor to the chairperson of the committee who requested it along with a summary of the findings of the state auditor.

798

JOURNAL OF THE HOUSE,

(c) The chairperson of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the cost analysis and summary to be printed by the Secretary of the Senate or the Clerk of the House of Representatives, depending on whether the bill is a Senate bill or a House bill, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original cost analysis and summary shall be attached by the Secretary of the Senate or Clerk of the House of Rep resentatives to the original version of the substitute bill, as perfected by the committee under Code Section 28-5-53, if applicable, or to the original version of the bill as intro duced if the bill was not changed by the committee prior to its submission to the state auditor for a cost analysis.
(d) By not later than November 1 of the same year that the request for a cost analy sis was made, the completed cost analysis and summary shall be submitted by the state auditor to the commissioner of community affairs. The commissioner of community affairs shall publicize the findings of the state auditor in such a way as to reasonably inform affected local governments.
28-5-55. (a) When a mandated expenditure bill has had a cost analysis pursuant to Code Section 28-5-54, the bill may be considered at the next regular session of the Gen eral Assembly. If the bill as originally introduced was not changed by the committee and the original version was submitted to the state auditor for a cost analysis, then the origi nal version of the bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be considered by any committee or by the House or Senate. If the original bill was substituted by the committee and the substitute version was the one submitted to the state auditor, then that substitute bill is the only one, except as otherwise provided by subsection (b) of this Code section, which may be con sidered by any committee or by the House or Senate.
(b) After completion of a cost analysis, any amendment to a mandated expenditure bill shall be out of order and shall not be allowed either by a committee or by the House or Senate, except for a nonfiscal or a reduction in cost amendment. Any amendment to a mandated expenditure bill shall be submitted to the state auditor by the chairperson of the committee, if a committee amendment, or by the presiding officer of the Senate or House if the amendment was made by the Senate or House. If the state auditor certi fies in writing that the amendment is a nonfiscal or a reduction in cost amendment, then the bill as amended, with the state auditor's certification attached to the original of the amendment, may continue in the legislative process. If the state auditor will not issue such a certification for the amendment, the bill's progress in the legislative process will end and the bill shall not be considered further by either the House or Senate and, if passed by the General Assembly, the bill shall not become law and shall stand repealed in its entirety on the first day of July immediately following its enactment.
(c) An amendment to a mandated expenditure bill which is prohibited by subsection (b) of this Code section may be withdrawn by the committee which made the amend ment, if a committee amendment, or by the Senate, if that body made the amendment, or by the House, if that body made the amendment. If the amendment is withdrawn, the bill may continue in the legislative process as any other bill, unless it is subsequently amended, and, in that event, this Code section shall apply to the subsequent amend ment.
28-5-56. The provisions of this article shall not apply to: (1) Any bill for which the General Assembly provides a contemporaneous appropri
ation sufficient to fund the costs imposed upon local governments by such bill. In any year in which the appropriation is less than the required funding level, compliance by local governments with the mandates of the unfunded law shall be optional, not man datory;
(2) Any bill proposed or passed in a special session of the General Assembly; (3) Any bill protecting the environment containing mandates which the federal government requires the state to impose on local governments; or (4) Any bill prohibiting discrimination against persons on the basis of race, sex, religion, national origin, or any disability."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

THURSDAY, FEBRUARY 10, 1994

799

Representative Walker of the 141st moved that HB 1416 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 96, nays 71. The motion prevailed.

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

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

Representative Smyre of the 136th requested that the following statement appear in the Journal:
I returned to my desk as the vote was being called on HB 1416 and in error I voted "nay". I wish to be recorded as voting "aye".

House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334
February 11, 1994

Mr. Robbie E. Rivers Clerk of the House State Capitol - Room 309 Atlanta, Georgia 30334
Dear Mr. Clerk:

800

JOURNAL OF THE HOUSE,

This is notification that I mistakenly voted against a Motion to Table House Bill 1416. I wish to be recorded in the Journal as voting "yes" on the Amendment to Table.
Sincerely yours, /s/ Tommy
Tommy Smith State Representative District 169
TS:gd
cc: Honorable Terry Coleman, Chairman House Appropriations Committee State Capitol - Room 338 Atlanta, Georgia 30334

House of Representatives Legislative Office Building, Room 608 B
Atlanta, Georgia 30334
February 15, 1994

Mr. Robbie E. Rivers, Jr., Clerk Clerk's Office 309 State Capitol Atlanta, Georgia 30334
Re: HB 1416
Dear Clerk Rivers:
Regarding the voting of HB 1416, I inadvertently pushed the wrong button. I had intended to vote "yes on tabling of this bill," but I voted "no."
Sincerely, /s/ Hinson
Hinson Mosley Representative District 171
HM:Ms

The Speaker assumed the Chair.

HB 929. By Representatives Godbee of the 145th and O'Neal of the 75th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Insti tutions Act of 1990," so as to change the provisions relating to definitions; to change the exemption provisions; to change the representation upon the Nonpublic Postsecondary Education Commission and qualifications therefor.

The following amendment was read:

Representative Smith of the 169th, et al. move to amend HB 929 by striking in their entirety lines 27 through 28 on page 8, which read as follows:
"(6) Nonpublic Subject to the requirements of subsection (c) of Code Section 20-3-250.6, nonpublic, nonprofit, postsecondary educational",

THURSDAY, FEBRUARY 10, 1994

801

and inserting in lieu thereof the following:
"(6) Nonpublic, nonprofit postsecondary educational".
By adding "to attend such institutions" before the semicolon on line 6 of page 9.
By striking in their entirety lines 32 through 34 on page 11 and lines 1 through 9 on page 12, which read as follows:
"(d) Postsecondary educational institutions which are exempt from certain provisions of this part pursuant to paragraph (6) of subsection (a) of this Code section shall submit annual applications for renewal of their exempt status using forms provided by the com mission. The commission shall have the authority to adopt rules and regulations govern ing the scope and content of information which must be submitted in an application for exemption or an application for renewal of exempt status. The commission may also authorize visitations by the commission staff to institutions applying for exemptions or renewal of exempt status.'",
and inserting in lieu thereof the following:
"(d) A postsecondary educational institution which has been granted an exemption from provisions of this part pursuant to paragraph (6) of subsection (a) of this Code sec tion shall subsequently submit an annual statement to the commission which affirms that the institution continues to meet the requirements for exempt status as listed in paragraph (6) of subsection (a) of this Code section. The statement shall be submitted using a form provided by the commission. The commission may request information on the form concerning the names of programs of study offered and the titles of degrees, diplomas, certificates, or other credentials conferred. Institutions which qualify for exempt status may include class components or subjects which are nonreligious in nature but relate to the church related work being performed by the institution. The commis sion may also authorize an annual visitation by the commission staff to the institution.'"
By striking from lines 30 through 34 on page 18 and lines 1 through 3 on page 19 the following:
"The commission shall be authorized to require the submission of an annual financial report from an institution otherwise exempt from certain provisions of this part under paragraph (6) of subsection (a) of Code Section 20-3-250.3 if, in the judgment of the executive director, the financial report is necessary to determine the exempt status of the institution."

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 Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T N Brown
YBuck Y Buckner
YBunn Y Burkhalter

YByrd Campbell
Y Canty Carlisle
Y Carrell Y Carter Y Cauthorn N Chambless Y Chandler N Channell Y Childers Y Clark Y Coker Y Coleman, B
Coleman, T Y Colwell Y Connell YCox
Y Crawford Y Crews
Y Culbreth

Y Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Felton Y Floyd, J.M N Floyd, J.W N Godbee Y Golden Y Goodwin Y Greene Y Groover
Hammond Hanner

N Harris, B Y Harris, M NHart N Heard N Hegstrom Y Hembree N Henson
Y Holland Holmes
N Howard N Hudson Y Hughes N Hugley
Irvin
N James Jamieson
Y Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J

Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord N Lucas Y Maddox YMann N Martin
N McBee N McClinton

802

JOURNAL OF THE HOUSE,

Y McKinney Y Milam Y Mills N Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver N O'Neal
Orrock Y Padgett N Parham N Parrish
Patten

Y Pelote Y Perry Y Pinholster YPoag Y Polak N Porter N Poston Y Powell
N Purcell, A N Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert

Y Roberts Y Royal
Scoggins Y Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield Y Skipper Y Smith, C
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

N Smyre YSnow N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat N Taylor Y Teague N Teper
N Thomas Y Tillman Y Titus Y Towery

Y Trense N Turnquest Y Twiggs Y Vaughan N 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 adoption of the amendment, the ayes were 123, nays 42. The amendment was adopted.

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

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T Y Brown
YBuck Y Buckner
YBunn Y Burkhalter YByrd
Campbell
Y Canty Carlisle
Y Carrell Y Carter Y Cautborn 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 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
Holmes

Y Howard Y Hudson Y Hughes Y Hugley
Irvin
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 Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney 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, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
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 Y Teague Y Teper Y Thomas 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, as amended, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the Senate was read:

SR 501. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th

THURSDAY, FEBRUARY 10, 1994

803

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 11, 1994, and shall reconvene on Monday, February 14, 1994.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Monday, February 14, 1994, may be as ordered by the Senate; and the hour for convening the House on Monday, February 14, 1994, 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
Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T Y Brown
YBuck Y Buckner YBunn Y Burkhalter
YByrd 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 Y Davis, G Y Davis, M
Dickinson
YDix Y Dixon, H
Y Dixon, S Y Dobbs 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
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
Irvin 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 Y Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton Y McKinney Y Milam
Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller Y Oliver Y O'Neal Y Orrock
Padgett
Y Parham Parrish Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter YPoston Y Powell
Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield 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
Y Teague Y Teper Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest YTwiggs
Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

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

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.

804

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 11, 1994

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 Hoyt Jenkins, Pastor, Jasper First United Meth odist Church, Jasper, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:
HB 1764. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th: A bill to amend Code Section 36-62-5.1 of the Official Code of Georgia Anno tated, relating to joint development authorities, so as to specify procedures with respect to qualifying for job tax credit pursuant to Code Section 48-7-40; to provide for an additional job tax credit.
Referred to the Committee on Ways & Means.
HB 1765. By Representatives Chandler of the 99th and Hembree of the 98th: A bill to amend an Act providing for election districts for the board of edu cation of Douglas County, so as to provide for election of members; to pro vide for compensation of members.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 11, 1994

805

HB 1766. By Representatives Golden of the 177th and Bates of the 179th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemp tion of income taxes, so as to provide for a tax credit for physicians practic ing in rural counties or health manpower shortage areas.
Referred to the Committee on Ways & Means.

HB 1768. By Representatives Smith of the 175th, Coleman of the 80th, Canty of the 52nd, Godbee of the 145th and Hart of the 116th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Anno tated, relating to special education services, so as to change the eligibility cri teria for state funded special education programs for the intellectually gifted.
Referred to the Committee on Education.

HB 1769. By Representatives Canty of the 52nd, Tillman of the 173rd, Smith of the 175th and Oliver of the 154th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that certain health care providers shall be afforded the opportunity for inclusion in accident and sickness benefit plans.
Referred to the Committee on Insurance.

HB 1770. By Representatives Stanley of the 50th, Stanley of the 49th and Davis of the 48th:
A bill to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclo sure, so as to provide that the sale of real property pursuant to powers con tained in a deed to secure debt shall be advertised once a month for six consecutive months; to provide for notice of such sale.
Referred to the Committee on Judiciary.

HB 1771. By Representatives Stanley of the 50th, Stanley of the 49th and Davis of the 48th:
A bill to amend Part 1 of Article 3 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to convey ances to secure debt and bills of sale, so as to provide that after July 1, 1994, no deed to secure debt for the sale of property intended to be used as a resi dence by the borrower shall be permitted in this state.
Referred to the Committee on Judiciary.

HB 1772. By Representatives Twiggs of the 8th and Coleman of the 142nd:
A bill to amend Chapter 4 of Title 25 of the Official Code of Georgia Anno tated, relating to firefighter standards and training, so as to change the pro visions relating to qualifications of firefighters generally; to provide for the fingerprinting of persons employed as firefighters and for a search of criminal records.
Referred to the Committee on Public Safety.

806

JOURNAL OF THE HOUSE,

HB 1773. By Representative Scoggins of the 24th:
A bill to amend an Act creating a new charter for the City of Winterville, so as to provide for the filling of a vacancy in the office of mayor or city councilmember; to establish the Municipal Court of the City of Winterville.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1774. By Representative Bordeaux of the 151st:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Anno tated, the "Trial Judges and Solicitors Retirement Fund Act," so as to pro vide that the Recorder's Court of Chatham County shall be an inferior court for the purpose of allowing full-time judges of said court to be members of said retirement system; to authorize creditable service for certain prior ser vice.
Referred to the Committee on Retirement.

HB 1775. By Representatives Ladd of the 59th and Johnson of the 97th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to regulation of alcoholic beverages in general, so as to pro hibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises.
Referred to the Committee on Regulated Beverages.

HB 1776. By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to define certain terms; to provide a statement of purposes; to clarify a certain exemption from taxes imposed to support the pension fund.
Referred to the Committee on Retirement.

HB 1777. By Representatives James of the 140th, White of the 161st, Mobley of the 69th, Randolph of the 72nd and Coleman of the 142nd:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to surface mining, so as to define a cer tain term; to provide for a bond to be posted for mine operators; to delete provisions relating to exemption from such bonding requirement.
Referred to the Committee on Natural Resources & Environment.

HB 1778. By Representative Buckner of the 95th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to regulation of alcoholic beverages in general, so as to repeal certain provisions relating to prohibition of certain sexually explicit conduct on or about premises which are used for or required to be licensed for the sale or dispensing of alcoholic beverages for consumption on the premises; to enact new provisions relating to prohibition of certain sexually explicit con duct.
Referred to the Committee on Regulated Beverages.

FRIDAY, FEBRUARY 11, 1994

807

HB 1779. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Employees' Retirement System, so as to change certain references contained therein.
Referred to the Committee on Retirement.

HB 1780. By Representative Cummings of the 27th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law," so as to change a certain definition; to provide that an amendment or substitute to a retire ment bill shall be allowed only if it does not change the nature of the bill.
Referred to the Committee on Retirement.

HR 921. By Representatives Snow of the 2nd, Lane of the 146th, Dobbs of the 92nd, Orrock of the 56th, Trense of the 44th and others:
A resolution creating the Aged and Disabled Transportation Task Force.
Referred to the Committee on Rules.

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

HB 1789. By Representatives Byrd of the 170th and Coleman of the 142nd:
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 a plan for appor tioning and assigning rejected risks; to provide a name for such plan; to define three groups of risks and the employers which shall be included in each group.
Referred to the Committee on Industrial Relations.

HB 1792. By Representative Chambless of the 163rd:
A bill to amend Chapter 5 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Municipal Employees Benefit System, so as to define certain terms; to authorize such benefit system to issue revenue bonds; to change certain powers of the board of trustees of such benefit system relating to the investment of funds.
Referred to the Committee on Retirement.

HB 1793. By Representative Cummings of the 27th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills.
Referred to the Committee on Retirement.

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

808

JOURNAL OF THE HOUSE,

HB 1738 HB 1739 HB 1740 HB 1741 HB 1742 HB 1743 HB 1744 HB 1745 HB 1746 HB 1747 HB 1748 HB 1749 HB 1750 HB 1751 HB 1752 HB 1753 HB 1755 HB 1756

HB 1757 HB 1759 HB 1760 HB 1761 HB 1762 HB 1763 HB 1767 HR 897 HR 906 HR 907 HR 909 SB 395 SB 515 SR 462 SR 463 SR 467 SR 469 SR 470

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1177 Do Pass, by Substitute
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Davis of the 48th District, Vice-Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 650 Do Pass
Respectfully submitted, /s/ Davis of the 48th
Vice-Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

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

FRIDAY, FEBRUARY 11, 1994

809

HB 1521 Do Pass, by Substitute HB 1536 Do Pass, by Substitute HB 1619 Do Pass, by Substitute

HR 727 Do Pass HR 796 Do Pass, by Substitute
Respectfully submitted, Is/ Patten of the 176th
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1635 Do Pass, by Substitute HR 709 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 168th
Chairman

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

Mr. Speaker:

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

HB 1719 Do Pass HB 1721 Do Pass HB 1732 Do Pass

HB 1733 Do Pass HB 1737 Do Pass SB 516 Do Pass

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

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tion of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 386 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Royal of the 164th District, Vice-Chairman of the Committee on Ways & Means, submitted the following report:

810

JOURNAL OF THE HOUSE,

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 562 Do Pass, by Substitute HB 800 Do Pass, by Substitute HB 1267 Do Pass, by Substitute HB 1268 Do Pass

HB 1438 Do Pass HB 1642 Do Pass HB 1693 Do Pass HR 663 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Vice-Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 11, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 20th Legislative Day as enu merated below:

HB 1181 HB 1196 HB 1201 HB 1241 HB 1351 HB 1517 HB 1527 HB 1539

Dogs and cats for adoption; sterilization by animal shelter Ad val tax; valuations established on appeal; subsequent years Weapons; pistol or revolver; prohibit license to felons Excise tax; hotels and motels; support of museum of aviation Child abuse registry; hearing before accused's name is added Motor fuel tax; exemption certificates; certain sales Business Expansion Support Act; enact; job tax credit Public roads; abandonment; legal advertisement

HR 668 Howard "Bo" Warren Parkway; designate HR 730 Sergeant Ray McKibben Highway; designate
HR 768 Vendie Hudson Hooks, Sr., Memorial Highway; designate HR 773 Herbert A. Saliba Bridge; designate

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1719.

By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the board of commissioners of Decatur County, so as to provide for an additional member of the board of commis sioners to be elected at large by the qualified voters of the county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 4.

FRIDAY, FEBRUARY 11, 1994

811

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

HB 1721. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Decatur County, so as to provide for the nonpartisan election of the members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1732. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensa tion of said judge; to provide for a secretary for such judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1733. By Representative Hudson of the 156th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Ben Hill County and for the election of members of the said board, so as to provide that primaries and elections for the members of the board shall be nonpartisan.

The report 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.

HB 1737. By Representative Mosley of the 171st:
A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the name of the police court in accordance with O.C.G.A. Sec tion 36-32-1.

The report 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.

812

JOURNAL OF THE HOUSE,

SB 516. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to repeal an Act carrying into effect the provisions of the constitu tional amendment authorizing the General Assembly of Georgia to provide that the mayor and aldermen of the City of Savannah and Chatham County may contract for the consolidation and combining of the county and city board of tax assessors.

The report 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 Senate and House:

SB 77. By Senators Oliver of the 42nd, Taylor of the 12th, Farrow of the 54th and Robinson of the 16th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, relating to administrative procedure, so as to provide for notice of opportunity for a hearing; to provide for initiation of contested cases; to pro vide for commencement of contested case proceedings; to provide for decision not to conduct a contested case proceeding.

SB 597. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Pierce County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

SB 598. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.

SB 599. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to change the descriptions of the education districts of the board and provide for defini tions and inclusions of parts of education districts; to provide for the submis sion of this Act to the United States Attorney General.

FRIDAY, FEBRUARY 11, 1994

813

SB 600. By Senator Boshears of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commis sioner districts; to provide for the submission of this Act to the United States Attorney General.

HB 1583. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners.

HB 1609. By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to change the provisions relating to the assessment, levy, and collection of an ad valorem tax by the mayor and aldermen on the real and personal property within the corporate limits of the city.

HB 1614.

By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, so as to provide for the election of members of the board of education; to provide for education districts.

HB 1625. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Smyre of the 136th and others:
A bill to amend an Act further defining and prescribing the powers and duties of the Columbus Airport Commission, so as to provide for the appointment of airport commission police.

HB 1631. By Representative Greene of the 158th:
A bill to amend an Act creating the Board of Commissioners of Clay County, so as to change the provisions relating to the clerk of the board of commis sioners; to provide for other matters relating to the board of commissioners.

SB 100. By Senators Broun of the 46th and Tysinger of the 41st:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to restrict the appropriation of lottery proceeds from the Lottery for Education Account under certain conditions based on other appropriations for education.

SB 401. By Senator Dean of the 31st:
A bill to amend Code Section 40-6-226 of the Official Code of Georgia Anno tated, relating to offenses and penalties relating to handicapped parking, so as to provide that vehicles bearing license plates designating military veter ans awarded the Purple Heart shall be accorded handicapped parking privi leges.

814

JOURNAL OF THE HOUSE,

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.

SB 468. By Senators Oliver of the 42nd, Ray of the 19th and Thompson of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to criminal records checks of day care center employees, so as to authorize preliminary criminal records checks of certain persons alleged to have committed child abuse; to provide for immunity from liability.

SB 474. By Senators Harbison of the 15th, Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A bill to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to prohibit the possession of a certain trigger device; to provide a defini tion; to provide a penalty; to provide exceptions; to prohibit the sale of hellfire switches.

SB 505. By Senator Henson of the 55th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Anno tated, relating to self-insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and investments in certain securi ties by persons operating one or more vehicles for hire which transport pas sengers in order for those persons to qualify for a certificate of self-insurance for motor vehicle liability purposes.

SB 556. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd, Madden of the 47th and Baugh of the 25th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to provide that it shall be unlawful for any person to hire, solicit, engage, contract with, conspire with, encourage, abet, or direct any minor to commit any felony or any delinquent act which would constitute a felony if committed by an adult.

SB 564. By Senator Madden of the 47th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to taxes and fees on insurers, so as to change the provisions relating to the determination of the population of counties and municipalities and the formulas used for the distribution of taxes on life insurers and on insurers other than life insurers to counties and municipalities.

SB 573. By Senators Madden of the 47th and Pollard of the 24th:
A bill to amend Code Section 33-27-3 of the Official Code of Georgia Anno tated, relating to required provisions of group life insurance policies, so as to allow conversion to a term life insurance policy.

FRIDAY, FEBRUARY 11, 1994

815

SB 574. By Senator Tysinger of the 41st:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle accidents, so as to require cer tain information to be exchanged between parties to a motor vehicle acci dent; to require the law enforcement officer at the scene of accident to instruct the driver of each motor vehicle to provide certain information to other parties.

SB 579. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 40-6-12 of the Official Code of Georgia Anno tated, relating to subsequent violations and proof of financial responsibility with respect to general provisions applicable to the uniform rules of the road, so as to provide that persons convicted of certain violations of the law relat ing to requirements of insurance on motor vehicles or motorcycles shall be required to file with the Department of Public Safety.

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 pol icy 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.

HB 1223. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the fee for issuance of a replacement license plate or revalidation decal by the local tag agent; to change the fee for issuance of a replacement title.

HB 1256. 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; to provide for training as determined by the Georgia Coroner's Training Council in its rules and regulations.

HB 1311.

By Representatives Cox of the 160th, Royal of the 164th and Bates of the 179th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior court, so as to change the terms of the Decatur County and Mitchell County Superior Courts.

HB 1342.

By Representatives Greene of the 158th, Colwell of the 7th, Coleman of the 142nd, Parham of the 122nd, Parrish of the 144th and others:
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 generally, and to amend Chapter 10 of Title 48 of the Official Code of Geor gia Annotated, relating to motor vehicle license fees and plates, so as to pro vide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire.

816

JOURNAL OF THE HOUSE,

HB 1386. By Representative Parham of the 122nd:
A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Anno tated, relating to reporting of accidents and proof of financial responsibility, so as to require local law enforcement agencies to submit reports of all traffic accidents to the Department of Public Safety.

HB 1387. By Representative Parham of the 122nd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to increase the minimum amount of prop erty damage which must be present as a condition of a police investigation of a motor vehicle accident.

The Senate has agreed to the House amendments to the following Bill of the Senate:

SB 143. By Senator Newbill of the 56th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing generally, so as to provide for requirements for home inspectors; to provide for definitions; to provide for requirements rela tive to bonding or insurance; to provide for exceptions; to prohibit certain conduct; to provide for penalties.

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

SB 77. By Senators Oliver of the 42nd, Taylor of the 12th, Farrow of the 54th and Robinson of the 16th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, relating to administrative procedure, so as to provide for notice of opportunity for a hearing; to provide for initiation of contested cases; to pro vide for commencement of contested case proceedings; to provide for decision not to conduct a contested case proceeding.
Referred to the Committee on Judiciary.

SB 100. By Senators Broun of the 46th and Tysinger of the 41st:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to restrict the appropriation of lottery proceeds from the Lottery for Education Account under certain conditions based on other appropriations for education.
Referred to the Committee on Appropriations.

SB 401. By Senator Dean of the 31st:
A bill to amend Code Section 40-6-226 of the Official Code of Georgia Anno tated, relating to offenses and penalties relating to handicapped parking, so as to provide that vehicles bearing license plates designating military veter ans awarded the Purple Heart shall be accorded handicapped parking privi leges.
Referred to the Committee on Defense & Veterans Affairs.

FRIDAY, FEBRUARY 11, 1994

817

SB 468. By Senators Oliver of the 42nd, Ray of the 19th and Thompson of the 33rd:
A bill to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to criminal records checks of day care center employees, so as to authorize preliminary criminal records checks of certain persons alleged to have committed child abuse; to provide for immunity from liability.
Referred to the Committee on Judiciary.

SB 474. By Senators Harbison of the 15th, Robinson of the 16th, Ray of the 19th and Scott of the 36th:
A bill to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to prohibit the possession of a certain trigger device; to provide a defini tion; to provide a penalty; to provide exceptions; to prohibit the sale of hellfire switches.
Referred to the Committee on Judiciary.

SB 505. By Senator Henson of the 55th:
A bill to amend Code Section 40-9-101 of the Official Code of Georgia Anno tated, relating to self-insurance for motor vehicle liability purposes, so as to require the maintenance of cash deposits and investments in certain securi ties by persons operating one or more vehicles for hire which transport pas sengers in order for those persons to qualify for a certificate of self-insurance for motor vehicle liability purposes.
Referred to the Committee on Motor Vehicles.

SB 556. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd, Madden of the 47th and Baugh of the 25th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to provide that it shall be unlawful for any person to hire, solicit, engage, contract with, conspire with, encourage, abet, or direct any minor to commit any felony or any delinquent act which would constitute a felony if committed by an adult.
Referred to the Committee on Judiciary.

SB 564. By Senator Madden of the 47th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to taxes and fees on insurers, so as to change the provisions relating to the determination of the population of counties and municipalities and the formulas used for the distribution of taxes on life insurers and on insurers other than life insurers to counties and municipalities.
Referred to the Committee on Ways & Means.

SB 573. By Senators Madden of the 47th and Pollard of the 24th:
A bill to amend Code Section 33-27-3 of the Official Code of Georgia Anno tated, relating to required provisions of group life insurance policies, so as to allow conversion to a term life insurance policy.
Referred to the Committee on Insurance.

818

JOURNAL OF THE HOUSE,

SB 574. By Senator Tysinger of the 41st:
A bill to amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle accidents, so as to require cer tain information to be exchanged between parties to a motor vehicle acci dent; to require the law enforcement officer at the scene of accident to instruct the driver of each motor vehicle to provide certain information to other parties.
Referred to the Committee on Motor Vehicles.

SB 579. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 40-6-12 of the Official Code of Georgia Anno tated, relating to subsequent violations and proof of financial responsibility with respect to general provisions applicable to the uniform rules of the road, so as to provide that persons convicted of certain violations of the law relat ing to requirements of insurance on motor vehicles or motorcycles shall be required to file with the Department of Public Safety.
Referred to the Committee on Motor Vehicles.

SB 597. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Pierce County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 598. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 599. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to change the descriptions of the education districts of the board and provide for defini tions and inclusions of parts of education districts; to provide for the submis sion of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 600. By Senator Boshears of the 6th:
A bill to amend an Act creating a board of commissioners of Pierce County, as amended, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commis sioner districts; to provide for the submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 11, 1994

819

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

HR 922. By Representatives Hugley of the 133rd, Smyre of the 136th, Lee of the 94th, Taylor of the 134th, Sinkfield of the 57th and others:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting Dr. Mary Shy Scott, the international president, and the members of that soror ity to appear before the House of Representatives.

HR 923. By Representative Parham of the 122nd:
A resolution commending Officer Gary Wisham and inviting him to appear before the House of Representatives.

HR 924. By Representative Parham of the 122nd:
A resolution commending Sergeant Walt Taylor and inviting him to appear before the House of Representatives.

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

HB 1351.

By Representatives Cox of the 160th, Hammond of the 32nd, Crawford of the 129th, Martin of the 47th, Barnes of the 33rd and others:
A bill to amend Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the central child abuse registry maintained by the Division of Family and Children Services of the Department of Human Resources, so as to provide that a person who is alleged to have committed child abuse shall have notice and an opportunity for hearing before such individual's name is placed in the registry.

The following Committee substitute was read:

A BILL
To amend Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to the central child abuse registry maintained by the Division of Family and Children Services of the Department of Human Resources, so as to change provisions relating to the investigation and classification of child abuse cases; to change provisions relating to the reporting of such cases to the central child abuse registry; to provide that a person who is alleged to have committed child abuse shall have notice and an opportu nity for hearing before such individual's name is placed in the registry; to provide for prac tice and procedural matters; to provide for hearings in the appropriate juvenile court; to provide for other related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to the central child abuse registry maintained by the Division of Family and Children Services of the Department of Human Resources, is amended by striking Code Sections 49-5-180 through 49-5-184, relating to definitions, establishment of the registry, purpose of the registry, reporting and investigation of abuse cases, and inclusion of infor mation in the registry, and inserting in their place new Code sections to read as follows:
"49-5-180. As used in this article, the term:

820

JOURNAL OF THE HOUSE,

(1) 'Abuse investigator' means the department; or any local department of family and children services, law enforcement agency, or district attorney or designee thereof.
(2) 'Abuse registry' means the central child abuse registry required to be estab lished by Code Section 49-5-181.
(3) 'Abused' means subjected to child abuse. (4) 'Child' means any person under 18 years of age.
(5) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker
thereof by other than accidental means, and this shall be deemed to be physical abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; provided, however, physical forms of discipline 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, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183;
(C) Sexual assault of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183; and
(D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183.
^6)--'Confirmed' means that an investigation by an abuse investigator fcas revealed that there is substantial credible evidence that child abuac occurred.
{7} (6) 'Division' means the Division of Family and Children Services of the Department of Human Resources.
{8} (7) 'Out-of-state abuse investigator' means a public child protective agency or law enforcement agency of any other state bound by confidentiality requirements as
to information obtained under this article which are similar to those provided in this article.
{9} (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.
(10) 'Unconfirmed' mcana that tat abuse investigator has been unable te locate the child allegedly abused or has determined by a investigation that there is net aubstantial credible evidence that child abuse occurred.
(11) 'Under investigation' means that an investigation by an abuse investigator has not DCon ct)inpictcQ 0u* sftflii not extend osyonci xou dsys trend" trie ddt>6 tne invcsti^jfttien began.
(9) 'Substantiated' means that an investigation by an abuse investigator has revealed that there is significant credible evidence that child abuse occurred.
{12} (10) 'Unfounded' 'Unsubstantiated' means that an investigation by an abuse investigator has determined that there is no credible evidence that child abuse occurred.
49-5-181. The division shall establish and maintain a central child abuse registry
which shall receive all information regarding suspected cases of child abuse reported to the division pursuant to Code Section 49-5-183. In addition the division shallj upon
request, notify any individual whoac name appears m the registry and provide, in writ ing, the procedure for expungement.
49-5-182. The abuse registry shall be operated in such a manner as to enable abuse investigators to:
(1) Immediately identify and locate prior substantiated reports of child abuse; and
(2) Maintain and produce aggregate statistical data of reported cases of child abuse. 49-5-183. (a) All reports of alleged child abuse received by any abuse investigator
pursuant to Code Section 19-7-5 and all cases in which an abuse investigator indepen dently makes a determination that there is reasonable cause to believe a child has been

FRIDAY, FEBRUARY 11, 1994

821

abused shall be reported to the division upon the earlier eft {1} T-he completion of the investigation^ t *
QA rlnya oft or i"V*f> rPTlATt nil 1*01 tflTVJ tr> f.flHp QpftJAII "1 fJ_'7_S in
the independent determination by the investigator is made. (b) If; within the 30 days specified in paragraph -(3) ef subsection {a) of this Code acction, When the investigation by an abuse investigator* (i) Is is completed, that inves tigator shall classify the alleged abuse as 'unfounded,' 'confirmed,' er 'unconfirmed' 'sub stantiated' or 'unsubstantiated' and, if classified as:
{A) (1) 'Unfounded,' 'Unsubstantiated,' the abuse investigator shall net make a report to the division, for statistical purposes only, without the inclusion of identify ing information, notwithstanding subsection (a) of this Code section; or
{B} (2) 'Confirmed' er 'unconfirmed,' 'Substantiated,' the abuse investigator shall make a report to the division and include such classification t *
which classifies the alleged abuse as 'under investigation.' (c) The report to the division pursuant to this Code section shall also include the following:
(1) Name, age, sex, race, social security number, if known, and birthdate of the child alleged to have been abused;
(2) Name, age, sex, race, social security number, and birthdate of the child's par ents, custodian, or caretaker, if known;
(3) Name, age, sex, race, social security number, and birthdate of the person alleged to have committed child abuse, if known; and
(4) A summary of the known details of the child abuse which at a minimum shall contain the classification of the abuse as provided in paragraph (5) of Code Section 49-5-180 as either sexual abuse, physical abuse, child neglect, or a combination thereof. {d)--Upon completion ef its investigation of et ease reported te the division and- elassified as 'under investigation,' the abuse investigator shall:
(1)--Classify sueh ease as 'confirmed,' 'unconfirmed,' er 'unfounded'; and {2}--If the ease is classified as 'confirmed,' 'unconfirmed,' er 'unfounded,' repert such classification te the abuse registry. 49-5-184. (a) The division shall upon receipt of a substantiated report include in the abuse registry the information reported te it pursuant to Code Section 49-5-183 and within ten days after receipt thereof deliver by certified or registered mail, return receipt requested, a notice to the person alleged to have committed child abuse, if known. Such notice shall be in such form as may be specified by the division and shall inform such person that if he or she does not request a judicial hearing within 30 days after the date of the notice, then his or her name shall be included in the abuse registry. No person's name shall be placed in the abuse registry until after the expiration of this 30 day notice period; and if a court action is initiated within the 30 day notice period, then the person's name shall not be included in the abuse registry until and unless authorized by the court. (b) All identifying information in the abuse registry of cases classified as 'unconfirmed' prior to July 1^ 1994, shall be expunged from the abuse registry within
reclassificd as 'unfounded' it shall be immediately expunged fi-em the abuse registry. (c) Any individual whose name appears in or is proposed for inclusion in the abuse
registry may petition the juvenile court of the county in which the report was made for exclusion of such person's name at any time during the 30 day notice period or for expungement at any time thereafter. The juvenile court, after conducting a hearing at which the division has been served with notice and is given a reasonable opportunity to be heard, shall order exclusion or expungement upon a finding that there is no reason able basis for the petitioning individual's name to be maintained in the abuse registry for the statutorily prescribed period."
Section 2. This Act shall become effective July 1, 1994, and shall apply with respect to reports made to the Division of Family and Children Services of the Department of Human Resources on and after that effective date.

822

JOURNAL OF THE HOUSE,

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

The following amendment was read and withdrawn:

Representative Carlisle of the 107th moves to amend the Committee substitute to HB 1351 as follows:
On page 3 line 26 delete the period after 16-12-100 and insert in lieu thereof: "; or"
On page 3 line 27 add:
(c) Sex between the child and the parent or caretaker.

The Committee substitute, was adopted.

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

YAshe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown
YBuck Y Buckner
N Bunn Y Burkhaiter 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
E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S YDobbs 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 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 Ylrvin
Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton Y McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley
Y Muelier Oliver
Y O'Neal YOrrock
Y Padgett Y Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
N Poston Y Powell Y Purcell, A Y Purcell, B
ERandall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield 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 Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest YTwiggs
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

On the passage of the Bill, by substitute, the ayes were 165, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Speaker, under House Rule 137, I wish to explain my "no" vote on H.B. 1351.

FRIDAY, FEBRUARY 11, 1994

823

This was an extremely difficult vote. The list referred to in the bill is not public and not available to anyone not authorized to have access, such as DFACS and law enforce ment agencies. Those with "unconfirmed" charges can get a clean slate simply by moving from the county. Multiple "unconfirmed" charges can not be known to investigators with out such a list, therefore, we will lose half or more of statistics now available.
Better and more thorough investigations would be a better way of determining who should be placed on the list to begin with. Child abuse charges are extremely difficult to prove, a number of "unconfirmed" charges would lead most investigators to determine probable cause existed. We simply must have some method to track such abuse cases.
While I feel concern for anyone falsely accused, my concern for abused children far outweighs my sympathy for those who are. We must put an end to child abuse and this bill will make such a goal more difficult.
1st Barbara Bunn 74th House

Representative Towery of the 30th arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Industry and referred to the Committee on Motor Vehicles.

SB 416. By Senators Turner of the 8th, Ragan of the llth and Taylor of the 12th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that a person whose address changes as a result of the 911 enhancement project shall apply for a replacement license showing the new address without having to pay a fee for such license; to provide for other matters relative to the foregoing; to pro vide an effective date.

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

HB 1196.

By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valua tions established on appeal can be changed for subsequent taxable years.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, so as to provide for conditions under which valuations established on appeal in the preceding year can be changed by such board in the current year; 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 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, is amended by

824

JOURNAL OF THE HOUSE,

adding a new subsection at the end thereof, to be designated subsection (c), to read as follows:
"(c) Real property, the value of which was established by an appeal in the preceding year, that has not been returned by the taxpayer at a different value for the current year, may not be changed by the board of tax assessors for the sole purpose of undoing in the current year the actions of the board of equalization or superior court in any pre ceding year. In such cases, before changing a value from that established by an appeal in any preceding year, the board of assessors shall first conduct an investigation into fac tors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market value and a review to deter mine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors."
Section 2. This Act shall become effective on January 1, 1995, and shall be applica ble to all taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Atkins Y Bailey
Baker
Y Bannister 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 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 E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix
Dixon, H Y Dixon, S Y Dobbs 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 Y Harris, M
Hart Y Heard
Hegstrom Y Hembree
Henson Y Holland Y Holmes

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

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert
N Roberts Y Royal
E Scoggins Y Shanahan Y Sherrill
Y Shipp Simpson
Y Sinkfield 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
Streat Y Taylor Y Teague Y Teper Y Thomas
Tiilman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

FRIDAY, FEBRUARY 11, 1994

825

HB 1201. By Representative Wall of the 82nd:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revolver and temporary renewal permits, so as to prohibit the issuance of a license to carry a pistol or revolver to any person who has been convicted of a felony and who has not been pardoned for such felony.

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 Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T Brown
YBuck
Y Buckner Y 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 Y Coleman, T

Y Colwell Y Connell YCox
E Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Felton 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 Ylrvin Y James Y Jamieson
Y Jenkins Johnson, D.H
Y Johnson, E Y Johnson,G Y Johnson, J Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves
Reichert
Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield 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
Streat Y Taylor Y Teague Y Teper Y Thomas 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 Williams, B Y Williams, R Y Yates Yeargin Murphy, Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Lee of the 94th assumed the Chair.

HB 1181. By Representatives Lane of the 55th, Polak of the 67th, Lakly of the 105th and Burkhalter of the 41st:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.

The following Committee substitute was read and adopted:

826

JOURNAL OF THE HOUSE,

A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats sold or otherwise exchanged by a public or private animal shelter, animal control agency, or any other such facility shall be sterilized; to pro vide for procedures; to provide for exceptions; 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. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Chapter 14 to read as follows:
"CHAPTER 14
4-14-1. The General Assembly finds that the uncontrolled breeding of dogs and cats in the State of Georgia results in the birth of thousands of animals who become strays, suffer privation and death, constitute a public nuisance and health hazard, and, ulti mately, are impounded and destroyed at great public expense. It is therefore declared to be the public policy of this state that reducing the production of unwanted and unneeded puppies and kittens be encouraged.
4-14-2. As used in this chapter, the term: (1) 'Adult animal' means any dog or cat that has reached the age of 180 days or
six months or more. (2) 'Sterilization' means the surgical removal of the reproductive organs of a dog
or cat in order to render the animal unable to reproduce. 4-14-3. (a) Any public or private animal shelter, animal control agency operated by a political subdivision of this state, and any other public or private facility, whether for profit or nonprofit, excluding privately owned veterinary clinics and government owned veterinary hospitals shall make provisions for the sterilization of all dogs or cats sold or exchanged by such shelter or agency by:
(1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or
(2) Entering into a written agreement with the person acquiring such animal guar anteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal; provided however, that the requirements of this Code section shall not apply to any pri vately owned animal which any such facility may have in its possession for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person. (b) All costs of sterilization pursuant to this Code section shall be the responsibility of the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the animal shelter or animal control agency for such animal. (c) Any person acquiring an animal from a public or private animal shelter, animal control agency, or any other such facility which animal is not sterile at the time of acquisition, shall submit to the animal shelter or animal control agency a signed state ment from the licensed veterinarian performing such sterilization within seven days after such surgery attesting that such sterilization has been performed. (d) Every public or private animal shelter, animal control agency, or other such facil ity selling or offering for sale or exchange any dog or cat shall maintain and furnish to any person acquiring an animal from such shelter, agency, or facility a current list of veterinarians licensed in this state who have notified the shelter, agency, or facility that they are willing to perform sterilizations and the cost for such procedures. 4-14-4. It shall be a misdemeanor to fail or refuse to comply with the requirements of Code Section 4-14-3 and any person convicted shall be subject to a fine not to exceed $200.00.

FRIDAY, FEBRUARY 11, 1994

827

4-14-5. This chapter shall not prohibit the adoption by any political subdivision of this state of animal population control ordinances which are more stringent than the requirements of 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck
Y Buckner Y Bunn
Y Burkhalter YByrd Y Campbell
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 Cox
E 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 Ehrhart YEpps
Evans Felton Y Floyd, J.M Floyd, J.W
Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Hanner
Y Harris, B Y Harris, M
Hart Y Heard
Y Hegstrom Y Hembree N Henson Y Holland Y Holmes

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

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

Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Y Streat Y Taylor N Teague Y Teper Y Thomas 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 N Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 9,
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1241. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.

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

828

JOURNAL OF THE HOUSE,

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
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
Connell YCox E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart YEpps
Evans 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 Hart
Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes

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

Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F
Stancil, S Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Thomas Y Tillman Y Titus
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 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1517.

By Representatives Parham of the 122nd and Harris of the 112th:
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 the use of exemption certificates for certain sales of fuel for nonhighway use; to provide for an extended time period for which exemption certificates are valid.

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

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
Buck Y Buckner Y 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 Y Coleman, T Y Colwell Y Connell YCox
E 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 Ehrhart YEpps
Evans Felton Y Floyd, J.M
Y Floyd, J.W

Y Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom
Y Hembree Y Henson

FRIDAY, FEBRUARY 11, 1994

829

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

Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney 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, A Y Purcell, B E 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 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, P Y Stephenson
Y Streat

Y Taylor Y Teague YTeper Y Thomas
Y Tillman Y Titus
Towery Y Trense
Turnquest Y 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 157, nays 0. The Bill, having received the requisite constitutional majority, was

HR 668. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution designating the Howard "Bo" Warren Parkway.

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

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
Buck
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 E 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 Ehrhart YEpps
Evans Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Y Goodwin Y Greene Y Groover Y Hammond
Hanner Y Harris, B
Y Harris, M
Hart
Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce
YKaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Lewis
YLord Y Lucas Y Maddox
YMann Y Martin
Y McBee Y McClinton Y McKinney
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, A Y Purcell, B
E Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts
Y Royal E Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield N Skipper

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

830

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 157, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HR 768. By Representative Parrish of the 144th: A resolution designating the Vendie Hudson Hooks, Si., Memorial Highway.

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

Y Ashe
Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield
Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown Buck
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
Connell YCox E Crawford Y Crews
Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H
Y Dixon, S Y Dobbs 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
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 Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston
Y Jones E Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D
Y Lane, R Lawrence
Y Lawson YLee Y Lewis
Lord
Y Lucas Y Maddox YMann
Y Martin Y McBee Y McClinton
McKinney 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, A Y Purcell, B E 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 Skipper

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

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 773. By Representative James of the 140th: A resolution designating the Herbert A. Saliba Bridge.

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

Y Ashe Y Atkins Y Bailey

Y Baker Y Bannister
Y Barfoot

Y Bargeron
Y Barnes Y Bates

Y Benefield Birdsong
Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

FRIDAY, FEBRUARY 11, 1994

831

Y Brooks, T Y Brown
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 E Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H

Y Dixon, S Y Dobbs
Ehrhart YEpps
Evans Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Greene Y Groover
Y Hammond Hanner
Y Harris, B Y Harris, M
Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James Y Jamieson
Y Jenkins Johnson, D.H

Y Johnson, E
Y Johnson, G Y Johnson, J
Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney 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 Y Poston Y Powell
Y Purcell, A Y Purcell, B E 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 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
Stanley, L
Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White
Williams, B
Y Williams, R 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.

HR 730. By Representative Murphy of the 18th: A resolution designating the Sergeant Ray McKibben Highway.

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

Y 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
Buck
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
Cox E 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 Ehrhart YEpps
Evans Felton Y Floyd, J.M Floyd, J.W
Y Godbee Y Golden Y Goodwin
Greene Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M
Hart Y Heard
Y Hegstrom
Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones E 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 Y Mann Y Martin Y McBee Y McClinton
McKinney 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

832

JOURNAL OF THE HOUSE,

Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B E 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 Skipper Y Smith, C Y Smith, L Y Smith, P

Y Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat

Y Taylor Y Teague
Y Teper Y Thomas 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 Y Murphy, Spkr

On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1539. By Representatives Birdsong of the 123rd, Harris of the 112th, Walker of the 141st, Bargeron of the 120th, Ray of the 128th and others:
A bill to amend Code Section 32-7-2 of the Official Code of Georgia Anno tated, relating to procedures for abandonment of public roads or property not needed for public road purposes, so as to provide that before a county abandons a portion of the county road system the county shall be required to provide notice of such abandonment in the newspaper in which the sheriffs advertisements for the county are published.

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

Y Ashe Y Atkins Y Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes
Y Bates Y Benefield
Birdsong Y Bordeaux
Y Bostick Y Breedlove 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 Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

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

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

On the passage of the Bill, the ayes were 159, nays 0.

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

FRIDAY, FEBRUARY 11, 1994

833

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

The Speaker assumed the Chair.

HB 1527.

By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Walker of the 141st, Coleman of the 142nd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enterprises located in certain counties designated as less developed areas.

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 enact the "Georgia Business Expansion Support Act of 1994"; to provide for additional job tax credits for certain business enterprises located in certain counties designated as less developed areas; to provide for powers, duties, and authority of the com missioner 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 con tinuation of such credit under certain circumstances; to authorize such credit to be carried forward from the close of certain taxable years; to create manufacturer's investment tax credits for certain investments in real and personal property used in a manufacturing facil ity; to provide for definitions; to provide for certain qualifications and restrictions in con nection with the credits; to provide a credit against income taxes otherwise due to certain employers who provide certain retraining to certain employees; to provide a credit against income taxes otherwise due to certain employers who provide or sponsor the provision of child care for employees; to provide an exemption from sales and use taxation for sales of electricity for manufacturing processes under certain circumstances; to provide for addi tional exemptions from sales and use taxation for sales of certain manufacturing machin ery; to provide for an exemption from sales and use taxation for sales of primary material handling equipment under certain circumstances; to provide for other matters relative to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Georgia Business Expansion Support Act of 1994."
Section 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-7-40, relating to tax credits in coun ties designated as less developed areas, and inserting in its place a new Code Section 48-7-40 to read as follows:
"48-7-40. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, tourism, and research and development indus tries. Such term shall not include retail businesses.
(b) (1) Not later than December 31 of each year, using the most current data avail able from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the lower 80 all 159 counties in this state using a combination of the following factors:
(A) Highest unemployment rate for the most recent 36 month period; (B) Lowest per capita income for the most recent 36 month period;

834

JOURNAL OF THE HOUSE,

(C) Highest percentage of residents whose income is incomes are below the pov erty level according to the most recent data available; and
(D) Average weekly manufacturing wage according to the most recent data avail able. (2) Counties ranked and designated as the first through fortieth fifty-third least developed counties shall be classified as tier 1 and i counties ranked and designated as the forty-first fifty-fourth through eightieth one hundred sixth least developed counties shall be classified as tier 2L and counties ranked and designated as the one hundred seventh through one hundred fifty-ninth least developed counties shall be classified as tier 3. (c) The commissioner of community affairs shall be authorized to include in the tier 2 designation provided for in subsection (b) of this Code section any tier 3 county 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 county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a teas developed atea tier 2 county. (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 county is removed from the list ef tess developed areas reclassified in a different tier. (e) Business enterprises in counties designated by the commissioner of community affairs as tier 1 less developed areas counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,000.00 $2,500.00 annually and i business enter prises in counties designated by the commissioner of community affairs as tier 2 less developed areas counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,000.00 $1,500.00 annually2 and business enterprises in counties desig nated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $500.00 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 full-time employees subject to Georgia income tax with holding for the taxable year with the corresponding period of the prior taxable year. Only In tier 1 counties, only those business enterprises that increase employment by ten e* more m a less developed a*ea shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment bj; 25 or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 50 or more shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below te the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below tea the number required in such tier shall not be affected. The state revenue com missioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of tea the number required in such tier. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be deter mined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been com pleted, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.

FRIDAY, FEBRUARY 11, 1994

835

(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.
(i) Notwithstanding any provision of this Code section to the contrary, in counties designated as tier 1 counties prior to January 1 1994, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any business of any nature for jobs created from January 1, 1993, through December 31, 1997."
Section 3. Said title is further amended by adding new Code Sections 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.5, and 48-7-40.6, immediately following Code Section 48-7-40.1, to read as follows:
"48-7-40.2. (a) As used in this Code section, the term: (1) 'Qualified investment property' means all real and personal property purchased
or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility.
(2) 'Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rubber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(3) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(4) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manu facture recovered materials into finished products which are composed of at least 25 percent recovered materials, such term including, but not being limited to, power gen eration and pollution control machinery and equipment.
(5) 'Recycling manufacturing facility' means any facility, including land, improve ments to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of finished products from recovered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation. (b) In the case of a corporation or person which has operated for the immediately preceding three years an existing manufacturing facility in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 5 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year con sists of recycling machinery or equipment, a recycling manufacturing facility, pollution control machinery or equipment, a pollution control facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 8 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified invest ment property must occur no sooner than January 1, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's

836

JOURNAL OF THE HOUSE,

Georgia income tax return which will set forth the following information, as a mini mum:
(A) A description of the project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years; (2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired. The credit established by this Code sec tion 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; (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project will include the acquisition of qualified investment property having an aggregate cost in excess of $1 million; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of quali fied investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsec tion have been met; and (5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation,
(d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1.
48-7-40.3. (a) As used in this Code section, the term:
(1) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility.
(2) 'Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rubber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(3) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(4) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manu facture recovered materials into finished products which are composed of at least 40

FRIDAY, FEBRUARY 11, 1994

837

percent recovered materials, such term including, but not being limited to, power gen eration and pollution control machinery and equipment.
(5) 'Recycling manufacturing facility' means any facility, including land, improve ments to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of finished products from recovered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation. (b) In the case of a corporation or person which has operated for the immediately preceding three years an existing manufacturing facility in this state in a tier 2 county designated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 3 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, subject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year con sists of recycling machinery or equipment, a recycling manufacturing facility, pollution control machinery or equipment, a pollution control facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 5 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified invest ment property must occur no sooner than January 1, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a mini mum:
(A) A description of the project; (B) The amount of qualified investment property acquired during the taxable
year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable
years; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable
year; and (H) The amount of tax credit to be carried over to subsequent tax years;
(2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired. The credit established by this Code sec tion 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;
(3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project will include the acquisition of qualified investment property having an aggregate cost in excess of $3 million;
(4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of quali fied investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsec tion have been met; and
(5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the

838

JOURNAL OF THE HOUSE,

assets acquired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. 48-7-40.4. (a) As used in this Code section, the term:
(1) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing facility to be located in this state or the expansion of an existing manufacturing facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility.
(2) 'Recovered materials' means those materials, including but not limited to such materials as aluminum, oil, plastic, paper, paper products, scrap metal, iron, glass, and rubber, which have known use, reuse, or recycling potential; can be feasibly used, reused, or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing.
(3) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
(4) 'Recycling machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manu facture recovered materials into finished products which are composed of at least 75 percent recovered materials, such term including, but not being limited to, power gen eration and pollution control machinery and equipment.
(5) 'Recycling manufacturing facility' means any facility, including land, improve ments to land, buildings, building improvements, and any recycling machinery and equipment used in the recycling process resulting in the manufacture of finished products from recovered materials, provided that up to 10 percent of any building that is a component of a recycling facility may be used for office space to house support staff for the recycling operation. (b) In the case of a corporation or person has operated for the immediately preced ing three years an existing manufacturing facility in this state in a tier 3 county desig nated pursuant to Code Section 48-7-40, there shall be allowed a credit against the tax imposed under Code Section 48-7-21 in an amount equal to 1 percent of the cost of all qualified investment property purchased or acquired by the taxpayer in such year, sub ject to the conditions and limitations set forth in this Code section. In the event such qualified investment property purchased or acquired by the taxpayer in such year con sists of recycling machinery or equipment, a recycling manufacturing facility, pollution control machinery or equipment, a pollution control facility, or the conversion from defense to domestic production, the amount of such credit shall be equal to 3 percent. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:
(1) In order to qualify as a basis for the credit, the investment in qualified invest ment property must occur no sooner than January 1, 1994. The credit may be taken beginning with the tax year immediately following the tax year in which the qualified investment property is purchased or acquired by the taxpayer. For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a mini mum:
(A) A description of the project;
(B) The amount of qualified investment property acquired during the taxable year;
(C) The amount of tax credit claimed for the taxable year;
(D) The amount of qualified investment property acquired in prior taxable years;

FRIDAY, FEBRUARY 11, 1994

839

(E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; and (H) The amount of tax credit to be carried over to subsequent tax years; (2) Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the qualified investment property was acquired. The credit established by this Code sec tion 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; (3) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the project will include the acquisition of qualified investment property having an aggregate cost in excess of $5 million; (4) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition of quali fied investment property by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the taxable year in which the lease becomes binding on the lessor and the taxpayer if all other conditions of this subsec tion have been met; and (5) The utilization of the credit granted in subsection (b) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the corporation nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation, (d) No taxpayer shall be authorized to claim on a tax return for a tax year the credit provided for in this Code section if such taxpayer claims on such tax return any of the credits authorized under Code Section 48-7-40 or 48-7-40.1. 48-7-40.5. (a) As used in this Code section, the term: (1) 'Approved retraining' means employer provided or employer sponsored retrain ing that meets the following conditions: (A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; (B) It is approved and certified by the Department of Technical and Adult Edu cation; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vaca tion time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Depart ment of Technical and Adult Education including instructor salaries, materials, sup plies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident, in this state who is employed for at least 25 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, univer sity, college, or other instructional facility which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an approved retraining program. The amount of the tax credit shall be equal to one-fourth

840

JOURNAL OF THE HOUSE,

of the costs of retraining per full-time equivalent student, or $500.00 per full-time equiv alent student, whichever is less, for each employee who has successfully completed an approved retraining program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining.
(c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section.
(d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The depart ment is expressly authorized and directed to work with the Department of Technical and Adult Education to ensure the proper granting of credits pursuant to this Code sec tion.
(e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study.
48-7-40.6. (a) As used in this Code section, the term: (1) 'Cost of operation' means direct operational costs incurred by an employer as
a result of providing employer-provided or employer-sponsored child care facilities. (2) 'Employer' means any employer upon whom an income tax is imposed by this
chapter. (3) 'Employer provided' refers to child care offered on the premises of the
employer. (4) 'Employer sponsored' refers to a contractual arrangement with a child care
facility that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to one-half of the cost of operation during a taxable year. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of child care.
(c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Any credit claimed under this Code section but used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred.
(d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved child care pursuant to this Code section. The department shall adopt rules and regulations and forms to implement this credit program."
Section 4. Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Section 48-8-2, relating to definitions regarding the state sales and use tax, and inserting in its place a new subparagraph (B) to read as follows:
"(B) (i) Except as otherwise provided in division (ii) of this subparagraph, The the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local tele phone services, beverages, and tobacco products, when made to any purchaser for pur poses other than resale.

FRIDAY, FEBRUARY 11, 1994

841

(ii) The sale of electricity for manufacturing processes when made to any pur chaser for purposes other than resale shall not constitute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of such manufacturing process and shall not be subject to taxation under this article."
Section 5. Said title is further amended by striking paragraph (34) of Code Section 48-8-3, relating to exemptions from sales and use taxation, and inserting in its place a new paragraph (34) to read as follows:
"(34) The sale of the following types of manufacturing machinery: (A) (i) Machinery which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manu facturing plant presently existing in this state te the extent that the normal producttve capacity ef the replacement machinery exceeds the normal productive capacity of th machinery replaced; . (ii) Any person making a sale for any of the purposes specified in this subparagraph shall collect the tax imposed on the sale by this article and remit the tax to the commissioner. To obtain the benefits of this subparagraph, the purchaser shall file a claim for refund with the commissioner in the manner authorized by general law; and, if the commissioner determines that the requirements of this subparagraph have been met, he may refund without interest the portion of the tax paid by the purchaser which the commissioner finds to be due under this subparagraph. For the purposes of this subparagraph, the amount of tax paid by the purchaser shall be the amount paid the seller as tax less the amount the seller is allowed to retain as com pensation for accounting for and remitting the tax; (B) Machinery which is used directly in the manufacture of tangible personal
property when the machinery is incorporated for the first time into a new manufactur ing plant located in this state;
(C) Machinery which is used directly in the manufacture of tangible personal property whent
4)----T-he the machinery is incorporated as additional machinery for the first time into a manufacturing plant presently existing in this state; and
{)--h acquisition ef the machinery results a substantial increase th preductivc capacity ef th plant; (D) Any person making a sale of machinery for either of the purposes specified in subparagraphs (B) and (C) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the com missioner certifying that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the commis sioner, at his discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph;".
Section 6. Said title is further amended by adding a new paragraph immediately fol lowing paragraph (34) of Code Section 48-8-3, relating to exemptions from sales and use taxation, to be designated paragraph (34.1), to read as follows:
"(34.1) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property in a warehouse or distribution facility located in this state when such equipment is part of an expansion of an existing warehouse or distribution facility or construction of a new warehouse or distribution facility worth $10 million or more."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Sections 1, 2, and 3 of this Act shall be applicable to all taxable years beginning on or after January 1, 1994.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

842

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1527 as follows:
Page 4 line 7 delete "$2,500" and insert "3,000"
Line 11 delete "$1,500" and insert "2,000"
Line 15 delete "$500" and insert "$1,000".

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
Bargeron N Barnes N Bates N Benefield N Birdsong N Bordeaux
Bostick Y Breedlove
Y Brooks, D N Brooks, T
Brown Buck N Buckner Y Bunn Y Burkhalter N Byrd N Campbell
N Canty N Carlisle N Carrell
N Carter Y Cauthorn
N Chambless N Chandler N Channell
N Childers Y Clark Y Coker Y Coleman, B N Coleman, T

N Colwell N Connel! NCox
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 Y Ehrhart N Epps Y Evans
Felton N Floyd, J.M
Floyd, J.W
N Godbee N Golden
Y Goodwin Greene
N Groover N Hammond N Hanner N Harris, B Y Harris, M
Hart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

N Howard N Hudson
N Hughes N Hugley N Irvin
N James N Jamieson N Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones
E Joyce YKaye Y Kinnamon Y Klein NLadd Y Lakly N Lane, D N Lane, R Y Lawrence Y Lawson NLee N Lewis
NLord N Lucas Y Maddox YMann N Martin N McBee N McClinton
McKinney N Milam Y Mills

N Mobley, B N Mobley, J N Moore
N Mosley N Mueller N Oliver N O'Neal
N Orrock N Padgett N Parharn N Parrish
Patten N Pelote N Perry
Y Pinholster NPoag N Polak N Porter
N Poston N Powell N Purcell, A N Purcell, B E Randall N Randolph
NRay N Reaves
N Reichert Y Roberts N Royal
E Scoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield N Skipper

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

On the adoption of the amendment, the ayes were 41, nays 120. The amendment was lost.

The following amendment was read:

Representative Baker of the 70th moves to amend the Committee substitute to HB 1527 as follows:
By deleting Section 4 (page 21 beginning at line 29 through page 22 at line 13, inclu sive) in its entirety, and by renumbering the sections following accordingly.

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

FRIDAY, FEBRUARY 11, 1994

Y Ashe N 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 N Brown
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 N Clark N Coker
Y Coleman, B Y Coleman, T

Y Colwell N 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 N Ehrhart
YEpps Y Evans
Felton Y Floyd, J.M
Floyd, J.W YGodbee Y Golden
Y Goodwin 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

N Howard
Y Hudson Y Hughes Y Hugley Ylrvin
Y James Y Jamieson Y Jenkins
Johnson, D.H N Johnson, E N Johnson, G Y Johnson, J Y John&ton Y Jones E Joyce
NKaye Y Kinnamon N Klein Y Ladd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton Y McKinney N 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, A Y Purcell, B E Randall
Y Randolph YRay Y Reaves Y Reichert N Roberts Y Royal E Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper

On the adoption of the amendment, the ayes were 147, nays 17. The amendment was adopted.

843
Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus N Towery Y Trense Y Turnquest
Twiggs N 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

The following amendment was read and adopted:
Representative Holland of the 157th moves to amend the Committee substitute to HB 1527 as follows:
On line 23 on page 4 following the word "ten" insert the words "or more".

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 Y Brooks, T Y Brown
Buck
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
Cox Y Crawford Y Crews Y Culbreth

Y Cummings
Y Davis, G Y Davis, M
Y Dickinson YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Felton Y Floyd, J.M
Floyd, J.W

Y Godbee Y Golden Y Goodwin
Greene
Y Groover Y Hammond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson

844

JOURNAL OF THE HOUSE,

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

Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Y Maddox Y Mann
Y Martin Y McBee Y McClinton Y McKinney 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, A Y Purcell, B B 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 Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Y Smyre YSnow Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat

Y Taylor YTeague YTeper Y Thomas 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Resolutions of the House were read and adopted:

HR 928. By Representatives Hembree of the 98th, Stancil of the 16th, Mueller of the 152nd, Roberts of the 162nd, Bunn of the 74th and others:
A resolution expressing support for the United States Olympic Team.

HR 929. By Representatives Smith of the 169th and Streat of the 167th: A resolution commending Miss Katie Cleveland.

Pursuant to SR 501, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 14, 1994.

MONDAY, FEBRUARY 14, 1994

845

Representative Hall, Atlanta, Georgia Monday, February 14, 1994

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 Birdsong Bordeaux Bostick Breedlove Brooks, D Brooks, T Brown Buck Buckner Bunn Burkhalter Byrd Campbell CCaarrrteelrl
Chandler Channel! Childers Clark Coker

Coleman, B Coleman, T Colwell Connell Cox Crawford Crews Culbreth Cummings Davis, G Davis, M Dickinson Dix Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Floyd, J.M Floyd, J.W GGoredebneee
Hammond Hanner Harris, B Harris, M Hegstrom

Hembree Henson Holland Howard Hudson Hughes Hugley James Jenkins Johnson, D.H Johnson, E Johnson, G Johnson, J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly LLaannee,, DR
Lawrence Lee Lewis Lord Maddox

Mann Martin Mills Mobley, B Mobley, J Moore Mueller Oliver O'Neal Padgett Parham Patten Pelote Perry Pinholster Poston Powell Purcell, A Purcell, B Randolph Ray RReeaicvhees rt
Roberts Royal Shanahan Sherrill Shipp

Skipper Smith, C Smith, L Smith, P Smith, V Snow Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Street Teper Tillman Titus Towery Turnquest Twiggs Vaughan Wall w .W.. estmorl.and,
,,,!!! "' hams, B Williams, R Vates Yeargin

The following members were off the floor of the House when the roll was called:
Representatives McBee of the 88th, Heard of the 89th, Poag of the 6th, Lawson of the 20th, Parrish of the 144th, Smith of the 174th, Trense of the 44th, Jamieson of the 22nd, Taylor of the 134th, Irvin of the 45th, Watson of the 139th, Polak of the 67th, Milam of the 130th, Teague of the 58th, Orrock of the 56th, Goodwin of the 79th, Smith of the 169th, Carlisle of the 107th, Felton of the 43rd, Baker of the 70th, Golden of the 177th, Scoggins of the 24th, McKinney of the 51st, Porter of the 143rd, Chambless of the 163rd, Sinkfield of the 57th and Thomas of the 100th.
They wish to be recorded as present.

Prayer was offered by the Reverend Thurmond Neill Tillman, Pastor, First African Baptist Church, Savannah, 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.

846

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 intro duced, read the first time and referred to the committees:

HB 1781. By Representative Parham of the 122nd:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise the law relating to podiatry; to provide for a short title, legislative intent, and definitions; to provide for the State Board of Podiatry Examiners.
Referred to the Committee on Health & Ecology.

HB 1782. By Representative Brown of the 117th:
A bill to amend an Act providing a charter for the City of Augusta, so as to provide for the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1783. By Representative Benefield of the 96th:
A bill to amend Chapter 1 of Title 46 of the Official Code of Georgia Anno tated, relating to general provisions relative to public utilities and public transportation, so as to exclude certain small buses from the definition of motor contract carrier and motor common carrier.
Referred to the Committee on Transportation.

HB 1784. By Representatives Thomas of the 100th and Chandler of the 99th:
A bill to amend Code Section 42-5-51 of the Official Code of Georgia Anno tated, relating to jurisdiction of the Department of Corrections and designa tion of place of confinement of inmates, so as to authorize a sentencing judge to designate a county correctional institution as the place of confinement for a convicted felon.
Referred to the Committee on Judiciary.

HB 1785. By Representatives Simpson of the 101st and Thomas of the 100th:
A bill to amend Article 14 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to special elections and primaries generally, so as to change the time periods for the holding of special elections to fill vacan cies in the United States Congress and in the General Assembly.
Referred to the Committee on Governmental Affairs.

MONDAY, FEBRUARY 14, 1994

847

HB 1786. By Representative Thomas of the 100th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to provide for limitations on fees col lected relative to vital records services.
Referred to the Committee on Health & Ecology.

HB 1787. By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1788. By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county who have annual earned family incomes not exceeding $18,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1790. By Representatives Lakly of the 105th and Westmorland of the 104th:
A bill to amend Code Section 48-5-42.1 of the Official Code of Georgia Anno tated, relating to the personal property tax exemption for property valued at less than $500.00, so as to increase the amount of such exemption.
Referred to the Committee on Ways & Means.

HB 1791. By Representatives Coleman of the 142nd, Parham of the 122nd, Davis of the 48th, Watts of the 26th, Skipper of the 137th and others:
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 legislative intent; to provide definitions; to provide for applicability; to pro vide for standards and requirements for premium rates charged to small employer health benefit plans.
Referred to the Committee on Insurance.

HR 925. By Representatives Streat of the 167th and Carter of the 166th: A resolution designating the Private George W. Lee, Jr., Memorial Bridge.
Referred to the Committee on Transportation.

HR 926. By Representative Simpson of the 101st: A resolution compensating Mr. James C. Cook.
Referred to the Committee on Appropriations.

HR 927. By Representatives Reichert of the 126th, Groover of the 125th, Walker of the 141st, Birdsong of the 123rd, McBee of the 88th and others:
A resolution recognizing and designating Georgia's Antiques Trail.
Referred to the Committee on Transportation.

848

JOURNAL OF THE HOUSE,

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

HB 1805. By Representative Poag of the 6th:
A bill to change the manner of filling vacancies for unexpired and full terms of office upon the board of the Hospital Authority of Murray County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1806. By Representatives Dobbs of the 92nd, Patten of the 176th, Barfoot of the 155th, Floyd of the 172nd, Floyd of the 138th and others:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources may seek a remedy for violation of certain provisions of such title.
Referred to the Committee on Natural Resources & Environment.

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

HB 1764 HB 1765 HB 1766 HB 1768 HB 1769 HB 1770 HB 1771 HB 1772 HB 1773 uHnB i1n7n74A
UI5 T7-7C
H HB B 11777756
HB 1777
HB 1778
HB 1779
HB 1780
HB 1789
HB 1792

HB 1793

HR 921

SB 77

SB 100

SB 401

SB 468

SB 474

gg gQg

CD ccR ^oDn .."

*"

""4

QKR iK>-71Q3

SB 574

SB 579

SB 597

SB 598

SB 599

SB 600

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

Mr. Speaker:

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

HB 1739 Do Pass HB 1748 Do Pass

HB 1752 Do Pass HB 1753 Do Pass

Respectfully submitted, Is/ Lane of the 55th
Chairman

The following report of the Committee on Rules was read and adopted:

MONDAY, FEBRUARY 14, 1994

849

HOUSE RULES CALENDAR MONDAY, FEBRUARY 14, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 21st Legislative Day as enu merated below:

HB 633 HB 862 HB 1000 HB 1195 HB 1225 HB 1314 HB 1326 HB 1389 HB 1405 HB 1417 HB 1443 HB 1472 HB 1487

Superior Court Judges Retirement; increase benefits Water suppliers; unpaid charges; limited liens Driver's lie suspension; additional drug related crimes; provisions Flea markets; records Ticket scalping; prohibit QBE; capital outlay; sparsity grants Education; public schools; uniform grading system Peace officers; basic training course; certification Mental health; clinical records; disclosure Depositions; amend provisions Office of State Administrative Hearings; create Workers' comp; self-insurer; issuance of certificate of auth Sexual assault by religious counselor; defined; prohibited

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1739. By Representative Hudson of the 156th: A bill to create a board of elections and registration in Ben Hill County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

HB 1748.

By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds and pro vide certain limitations with regard thereto.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

HB 1752. By Representative Yeargin of the 90th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County; to provide for monthly meetings.

850

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

HB 1753.

By Representatives Bordeaux of the 151st, Johnson of the 153rd, Mueller of the 152nd, Johnson of the 148th and Pelote of the 149th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, 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 11.
The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 1447.

By Representatives Dickinson of the 83rd, Wall of the 82nd, Mobley of the 86th, Dix of the 76th, Coleman of the 80th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to strike certain provisions relating to demand for trial.

HB 1638.

By Representative Brooks of the 103rd:
A bill to amend an Act creating the Franklin-Heard County Water Authority, so as to change the qualifications for members of the authority; to provide that a majority of the members of the authority shall be users of the facili ties of the authority.

HB 1652.

By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $8,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 62 years of age or over in 1994.

SB 473. By Senator Oliver of the 42nd:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Anno tated, relating to per diem and expenses of members of local boards of edu cation, so as to change the provisions relating to medical and dental insurance for such members and their spouses and dependents.

MONDAY, FEBRUARY 14, 1994

851

SB 484. By Senators Cheeks of the 23rd, Pollard of the 24th and Hill of the 4th:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks and library books purchased with state funds shall remain the property of each local unit of administration purchasing them and to require each local unit of administration to establish policies for the proper care and protection of its textbooks and library books and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook or library book as a condition to receiving all or part of the state contributed Quality Basic Edu cation Program funds allotted to the local unit.

SB 543. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Transportation, so as to require the department to obtain a certification from a county governing authority relative to the use of certain tax proceeds in funding road, street, or bridge projects; to provide an effective date.

SB 554. By Senators Newbill of the 56th, Edge of the 28th, Henson of the 55th, Ralston of the 51st, Marable of the 52nd and others:
A bill to amend Code Section 20-2-940 of the Official Code of Georgia Anno tated, relating to grounds and procedure for terminating or suspending con tract of employment, so as to provide that refusal to alter a student's grades or grade report shall not be grounds for termination or suspension.

SB 565. By Senators Slotin of the 39th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter IB of Title 43 of the Official Code of Georgia Anno tated, known as the "Patient Self-referral Act of 1993," so as to change cer tain definitions and provide for additional definitions; to change a provision relating to federal preemption of state law governing self-referrals; to provide an effective date.

SB 592. By Senators Gillis of the 20th and Muggins of the 53rd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to provide for a lifetime honorary hunting and fishing license for any person who is totally and permanently disabled; to prohibit hunting with a crossbow except under such circumstances as pro vided by the Board of Natural Resources; to provide for applicability to cer tain persons.

SB 606. By Senators Hemmer of the 49th, Hooks of the 14th, Edge of the 28th, Gillis of the 20th, Madden of the 47th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to provide a statement of purpose; to designate and observe the third week in October of each year as "Clean Water Week" in Georgia.

HB 1372.

By Representatives Yeargin of the 90th and Hanner of the 159th:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Anno tated, relating to the powers of the Department of Natural Resources as to projects generally, so as to authorize the commissioner of natural resources to enter into long-term subleases of marina sites located on property leased to the State of Georgia by the United States Army Corps of Engineers in Bartow and Elbert counties on Lakes Allatoona and Richard B. Russell.

852

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:
SR 453. By Senator Farrow of the 54th: A resolution designating the T. P. Ramsey Bridge.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 473. By Senator Oliver of the 42nd:
A bill to amend Code Section 20-2-55 of the Official Code of Georgia Anno tated, relating to per diem and expenses of members of local boards of edu cation, so as to change the provisions relating to medical and dental insurance for such members and their spouses and dependents.
Referred to the Committee on Education.

SB 484. By Senators Cheeks of the 23rd, Pollard of the 24th and Hill of the 4th:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks and library books purchased with state funds shall remain the property of each local unit of administration purchasing them and to require each local unit of administration to establish policies for the proper care and protection of its textbooks and library books and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook or library book as a condition to receiving all or part of the state contributed Quality Basic Edu cation Program funds allotted to the local unit.
Referred to the Committee on Education.

SB 543. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Transportation, so as to require the department to obtain a certification from a county governing authority relative to the use of certain tax proceeds in funding road, street, or bridge projects; to provide an effective date.
Referred to the Committee on Transportation.
SB 554. By Senators Newbill of the 56th, Edge of the 28th, Henson of the 55th and others:
A bill to amend Code Section 20-2-940 of the Official Code of Georgia Anno tated, relating to grounds and procedure for terminating or suspending con tract of employment, so as to provide that refusal to alter a student's grades or grade report shall not be grounds for termination or suspension.
Referred to the Committee on Education.
SB 565. By Senators Slotin of the 39th, Walker of the 22nd and Thomas of the 10th:
A bill to amend Chapter IB of Title 43 of the Official Code of Georgia Anno tated, known as the "Patient Self-referral Act of 1993," so as to change cer tain definitions and provide for additional definitions; to change a provision relating to federal preemption of state law governing self-referrals; to provide an effective date.
Referred to the Committee on Health & Ecology.

MONDAY, FEBRUARY 14, 1994

853

SB 592. By Senators Gillis of the 20th and Muggins of the 53rd:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to provide for a lifetime honorary hunting and fishing license for any person who is totally and permanently disabled; to prohibit hunting with a crossbow except under such circumstances as pro vided by the Board of Natural Resources; to provide for applicability to cer tain persons.
Referred to the Committee on Game, Fish & Parks.

SB 606. By Senators Hemmer of the 49th, Hooks of the 14th, Edge of the 28th and others:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to provide a statement of purpose; to designate and observe the third week in October of each year as "Clean Water Week" in Georgia.
Referred to the Committee on Natural Resources & Environment.

SR 453. By Senator Farrow of the 54th: A resolution designating the T. P. Ramsey Bridge.
Referred to the Committee on Transportation.

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

HR 930. By Representatives Greene of the 158th, Patten of the 176th, Floyd of the 138th, Carter of the 166th, Bostick of the 165th and others:
A resolution recognizing the 50th Anniversary of Smokey Bear and inviting him to the House of Representatives.

HR 931. By Representatives Floyd of the 138th, Ray of the 128th, Walker of the 141st and Watson of the 139th:
A resolution recognizing the Warner Robins Air Logistics Center as the larg est industrial complex in the State of Georgia and commending Major Gen eral William P. Hallin, Commander, for his many contributions to the defense of our country and our Georgia communities and inviting him to appear and be recognized before the House of Representatives.

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

HB 1326. By Representatives Godbee of the 145th, Purcell of the 147th, Sinkfield of the 57th, Sherrill of the 62nd and White of the 161st:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public ele mentary and secondary schools, so as to provide for legislative intent; to pro vide for a uniform grading system for certain purposes.

The following Committee substitute was read:

854

JOURNAL OF THE HOUSE,

A BILL
To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, so as to provide for legislative intent; to provide for a uniform reporting system for certain purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public elementary and secondary schools, is amended by adding at the end a new Code section to read as follows:
"20-2-157. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-161.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title.
(b) Each public school system shall adopt the following reporting system for pur poses of identifying and qualifying graduating seniors for the HOPE scholarship pro gram and other programs identified in this Code section:
(1) A final grade average of at least an 80 numeric average or a 3.0 grade-point average on a 4.0 scale, provided the student is in a college preparatory curriculum; or
(2) A final grade average of at least an 85 numeric average or a 3.2 grade-point average on a 4.0 scale, if the student is in other than a college preparatory curriculum. Only the reporting system as indicated in this subsection shall be used to determine eli gibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant'to Article 7 of Chapter 3 of this title and eligibility for enroll ment in postsecondary courses pursuant to Code Section 20-2-161.1."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative White of the 161st moved that further consideration of HB 1326 be postponed for thirty minutes.
The Speaker ruled the motion out of order.

Pursuant to Rule 134, Representative Lawrence of the 64th asked to be excused from voting on HB 1326.

The following amendment was read and adopted:

Representative Channell of the lllth moves to amend the Committee substitute to HB 1326 as follows:
Page 1 - Line 10 strike the word "public"
Page 1 - Line 21 strike the word "public".

The following amendment was read:

Representative Poag of the 6th moves to amend the Committee substitute to HB 1326 as follows:
Add a new Section 2 to read as follows:
"So long as the student continues in college without being placed on academic proba tion, he or she shall remain eligible, pursuant to Code Section 20-2-161.1 or for scholar ship, grants or loan assistance as administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title."

MONDAY, FEBRUARY 14, 1994

855

Re-name the present 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 N Bannister
N Barfoot N Bargeron
N Barnes N Bates N Benefield
Birdsong Bordeaux
Bostick N Breedlove N Brooks, D N Brooks, T
N Brown N Buck N Buckner N Bunn Y Burkhalter
N Byrd N Campbell N Canty N Carlisle N Carrell
Y Carter E Cauthorn N Chambless N Chandler N Channell
Y Childers N Clark N Coker N Coleman, B
Coleman, T

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 Ehrhart
N Epps N Evans
Felton 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
N Hart N Heard N Hegstrom
N Hembree N Henson N Holland N Holmes

N Howard N Hudson N Hughes N Hugley N Irvin N James N Jamieson N Jenkins
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
Lane, D
N Lane, R Lawrence
N Lawson N Lee Y Lewis NLord N Lucas Y Maddox NMann N Martin N McBee E McClinton
McKinney N Milam N Mills

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

On the adoption of the amendment, the ayes were 13, nays 146. The amendment was lost.

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

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1326 as follows:
Page 1, Line 27, delete: after the word average "or a 3.0 grade-point average on a" P. 2, Line 1 delete 4.0 scale.

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
Bordeaux N Bostick N Breedlove Y Brooks, D
N Brooks, T

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

N Carlisle N Carrell N Carter E Cauthorn N Chambless N Chandler N Channell N Childers

N Clark N Coker
N Coleman, B Coleman, T
N Colwell N Connell
N Cox Y Crawford

856

JOURNAL OF THE HOUSE,

N Crews N Culbreth
N Cummings N Davis, G
Y Davis, M N Dickinsun NDix
N Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps Y Evans Y Felton
Floyd, J.M N Floyd, J.W N Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris, B N Harris, M NHart N Heard N Hegstrom

Y Hembree N Henson N Holland
Holmes
N Howard N Hudson N Hughes N Hugley N Irvin N James N Jamieson N Jenkins
Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein N Ladd Y Lakly N Lane, D
N Lane, R Lawrence
N Lawson

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

N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves N Reichert Y Roberts N Royal
N Scoggins N Shanahan N Sherrill N Shipp
N Simpson Sinkfield
N Skipper
N Smith, C N Smith, L N Smith, P
Smith, T N Smith, V N Smith, W N Smyre N Snow

On the adoption of the amendment, the ayes were 22, nays 143. The amendment was lost.

N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman
N Titus Y Towery
N Trense N Turnquest N Twiggs N Vaughan N Walker N 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 and withdrawn:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1326 as follows:
Page 1, Line 27:
After the word "Average" Delete the remainder of that line. Page 2, Line 1 & 2 delete.

The following amendment was read:

Representative O'Neal of the 75th moves to amend the Committee substitute to HB 1326 as follows:
Page two line 1, after "scale" delete "," and insert in lieu thereof "."
Page two delete line 1 after "scale." and delete lines 2 through 6.

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

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

Bostick N Breedlove N Brooks, D Y Brooks, T N Brown NBuck N Buckner Y Bunn N Burkhalter N Byrd N Campbell Y Canty

N Carlisle Y Carrell
Carter E Cauthorn N Chambless N Chandler N Channell Y Childers N Clark N Coker N Coleman, B N Coleman, T

Colwell N Connell NCox N Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson NDix N Dixon, H

N Dixon, S N Dobbs N Ehrhart Y Epps
Evans Y Felton
Floyd, J.M N Floyd, J.W N Godbee N Golden N Goodwin N Greene

MONDAY, FEBRUARY 14, 1994

857

N Groover N Hammond
N Hanner N Harris, B N Harris, M N Hart Y Heard
N Hegstrom
N Hembree
N Henson Y Holland N Holmes N Howard N Hudson N Hughes Y Hugley N Irvin N James N Jamieson Y Jenkins
Johnson, D.H N Johnson, E N Johnson, G
N Johnson, J

Y Johnston Y Jones Y Joyce N Kaye Y Kinnamon N Klein
NLadd N Lakly
N Lane, D N Lane, R
Lawrence Y Lawson N Lee N Lewis NLord N Lucas N Maddox
N Mann
N Martin
N McBee E McClinton
McKinney Y Milam
N Mills

Y Mobley, B N Mobley, J
N Moore N Mosley N Mueller
Oliver Y O'Neal N Orrock N Padgett N Parham N Parrish N Patten N Pelote
N Perry
Y Pinholster
YPoag N Polak N Porter N Poston N Powell
N Purcell, A N Purcell, B
Randall N Randolph

NRay N Reaves
Y Reichert Y Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson
Sinkfield N Skipper N Smith, C N Smith, L N Smith, P
Smith, T
Y Smith, V N Smith, W
Y Smyre
N Snow N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P

On the adoption of the amendment, the ayes were 34, nays 130. The amendment was lost.

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

The Committee substitute, as amended, was adopted.

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

Y 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 Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell
Y Carter E Cauthorn
Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell
Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart Y Epps 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 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 Irvin
Y James Y Jamieson
Y Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G
Y Johnson, J Y Johnston N Jones N Joyce Y Kaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R
Lawrence
Y Lawson Y Lee Y Lewis YLord Y Lucas Y Maddox Y Mann Y Martin
Y McBee E McClinton
McKinney Y Milam
Y Mills

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

Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F
Y Stancil, S Y Stanley, L N Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
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

858

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 633. By Representatives Cauthorn of the 35th, Watts of the 26th, Barnes of the 33rd, Cummings of the 27th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that retirement benefits under such retirement system shall be calculated with regard to a judge then serving in the office from which a member retired so that retired members shall receive an increase in retire ment benefits based upon any increase received by active judge.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-264 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for secretaries employed by superior court judges and district attorneys, so as to change provisions relating to establishment of creditable service for certain prior employment; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-264 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for secretaries employed by superior court judges and district attorneys, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) Any member who is a secretary of a judge of the superior court or a district attorney and who was employed as such a secretary prior to July 1, 1976 1993, may receive creditable service under this chapter for such employment prior to July 1, 1076 1993, as provided in this subsection. In order to obtain creditable service under this sub section, the member shall (1) provide to the board of trustees acceptable evidence of the period prior to July 1, 1076 1993, during which the member was employed as a secretary of a judge of the superior court or a district attorney but was not a member of this retirement system or any other retirement system and shall pay te the board of trustees an amount determined by tnc Doard to oe suiticicnt to cover tno lull actuarial cost or granting the creditable service claimed by the member of the compensation received by the member for such employment; and (2) pay to the board of trustees the employee contributions which would have been required if such person had been a member of the retirement system during such period of employment, together with interest at the rate of 6 percent per annum from the date such employee contributions would have been due. The basis for computing such employee contributions shall be the compensation actually received and established to the board as provided in this subsection. No credit able service shall be allowed under this subsection for any period of employment for which creditable service is allowed under any other provision of this chapter or for which creditable service is received under any provision of any other retirement or pension sys tem of this state or of any political subdivision of this state."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.

MONDAY, FEBRUARY 14, 1994

859

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

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

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

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

On the passage of the Bill, by substitute, the ayes were 141, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the vote of Representative Watson of the 139th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Kaye of the 37th 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 House were taken up for consideration and read the third time:

HB 1195.

By Representative Watson of the 139th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to require vendors selling or offering for sale certain personal property at flea markets and nonregistered vendors to maintain certain records.

860

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require vendors selling or offering for sale cer tain personal property at flea markets and nonregistered vendors to maintain certain records; to define certain terms; to provide for requirements for such records; to require records to be maintained for certain periods; to provide for inspection of records by law enforcement officers; to provide for applicability; to provide exceptions; to provide for pen alties; 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 following Article 14 a new Arti cle 14A to read as follows:
"ARTICLE 14A
10-1-360. (a) As used in this Code section, the term: (1) (A) 'Flea market' means any event: (i) At which two or more persons offer personal property for sale or exchange; and (ii) At which a fee is charged for the privilege of offering or displaying per sonal property for sale or exchange; or (iii) At which a fee is charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange; or (iv) Regardless of the number of persons offering or displaying personal prop erty or the absence of fees, at which used personal property is offered or dis played for sale or exchange if the event is held more than six times in any 12 month period. (B) The term 'flea market' is interchangeable with and applicable to 'swap meet,' 'indoor swap meet,' or other similar terms regardless of whether these events are held inside a building or outside in the open. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. (C) The term 'flea market' shall not mean and shall not apply to: (i) An event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational or charitable purposes, provided that no part of any admis sion fee or parking fee charged vendors or prospective purchasers, or the gross receipts or net earnings from the sale or exchange of personal property, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or (ii) Any event at which all of the personal property offered for or displayed is new, and all persons selling, exchanging, or offering or displaying personal prop erty for sale or exchange are manufacturers or licensed retail or wholesale mer chants. (2) 'Nonregistered vendor' means a person who, without a certificate of registration
issued by the state revenue commissioner pursuant to Chapter 8 of Title 48, engages in the retail sale of personal property to the general public.
(3) 'Used personal property' includes personal property which has previously been sold or delivered to a retailer prior to being acquired by a vendor.
(4) 'Vendor' means a person who engages in the retail sale of personal property at a flea market. (b) Every nonregistered vendor and vendor shall maintain a permanent record book in which shall be entered in ink and in legible English at the time any property is acquired for the purpose of retail sale:

MONDAY, FEBRUARY 14, 1994

861

(1) The date of the transaction; (2) The name, age, and address of the person, corporation, or entity from whom the property was acquired, a description of the general appearance of any such person, and the distinctive number from such person's driver's license or other similar identi fication card; (3) An identification and description of the property acquired including, if reason ably available, the serial, model, or other number and all identifying marks inscribed thereon; (4) The price paid for such property; and (5) The signature of the seller. All entries shall appear in ink and shall be in chronological order. No blank lines may be left between entries. No obliterations, alterations, or erasures may be made. Correc tions shall be made by drawing a line of ink through the entry without destroying the legibility. Such record book shall be open to the inspection of any law enforcement offi cer during the ordinary hours of business or at any reasonable time. (c) The record of each purchase transaction provided for in this Code section shall be maintained for a period of not less than four years and shall be kept by the nonregistered vendor or vendor and made available during any period at which such per son is open for business or is offering property for sale. (d) Any nonregistered vendor or vendor required to maintain a record book under the provisions of this Code section who shall: (1) Fail to make an entry of any material matter in his or her permanent record book; (2) Make any false entry therein; (3) Falsify, obliterate, destroy, or remove such record book from his or her place of business during any time such record book is required to be present; (4) Refuse to allow any law enforcement officer to inspect his or her permanent record book or any goods or property in his or her possession during the ordinary hours of business or at any reasonable time; or (5) Fail to maintain the records required by this Code section for at least four years shall be guilty of a misdemeanor. (e) This Code section shall apply to property purchased or acquired on or after July 1, 1994. 10-1-361. This article shall not apply to the following: (1) The sale of a motor vehicle or trailer required to be registered or subject to a certificate of title law of this state; (2) The sale of food products, agricultural products, or forestry products; (3) Business conducted at any industry or association trade show; (4) The sale of arts or crafts by the person who produced such arts or crafts."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Johnson of the 84th moves to amend the Committee substitute to HB 1195 as follows:
Page 3 line 22 add:
When vendor's cost exceeds fifty dollars per item.

The following amendment was read and lost:

Representative Johnson of the 84th moves to amend the Committee substitute to HB 1195 as follows:
Page 3 strike lines 31-34

862

JOURNAL OF THE HOUSE,

Page 4 strike lines 1-8.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker
N Bannister Y Barfoot Y Bargeron N 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 N Canty
Carlisle
Y Carrell Y Carter E Cauthorn Y Chambless Y Chandler Y Channell
Y Childers N Clark Y Coker N Coleman, B Y Coleman, T

Y Colwell Y Connell YCox
Y Crawford N Crews Y Culbreth N Cummings Y Davis, G N Davis, M N Dickinson N Dix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart YEpps N 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
Harris, M YHart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

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

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

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

On the passage of the Bill, by substitute, as amended, the ayes were 126, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1487.

By Representatives Poston of the 3rd, Purcell of the 9th, Buckner of the 95th, Davis of the 60th, Bunn of the 74th and others:
A bill to amend Code Section 16-6-5.1, relating to sexual assault against per sons in custody; sexual assault against a person detained or a patient in a hospital or other institution; and sexual assault by a practitioner of psychotherapy against a patient, so as to provide a definition; to prohibit cer tain sexual assaults.

The following Committee substitute was read:

A BILL
To amend Code Section 16-6-5.1, relating to sexual assault against persons in custody; sexual assault against a person detained or a patient in a hospital or other institution; and

MONDAY, FEBRUARY 14, 1994

863

sexual assault by a practitioner of psychotherapy against a patient, so as to provide a defi nition; to prohibit certain sexual assaults; to provide that consent of the victim shall not constitute a defense to prosecution; to provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-6-5.1, relating to sexual assault against persons in cus tody; sexual assault against a person detained or a patient in a hospital or other institu tion; and sexual assault by a practitioner of psychotherapy against a patient, is amended by adding at the end of said Code section a new subsection (d) to read as follows:
"(d) (1) As used in this subsection, the term 'counseling' means those formal tech niques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, or religious concerns.
(2) A person commits sexual assault when, as an actual or purported pastor, minis ter, rabbi, priest, or member of the clergy, he or she engages in sexual contact with another person who is not his or her spouse if the other person is or has been the subject of religious or pastoral counseling by the actor and if the counseling relation ship was used to cause sexual contact between the actor and said person.
(3) Consent of the victim shall not be a defense to a prosecution under this subsec tion if it is established by competent evidence that the victim was under the undue influence of the counselor so as to render such victim unable to give a knowing con sent.
(4) A person convicted of sexual assault under this subsection shall be punished by imprisonment for not less than one nor more than three years."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Tillman of the 173rd moved that HB 1487 be recommitted to the Committee on Judiciary.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove
N Brooks, D Y Brooks, T Y Brown YBuck N Buckner N Bunn Y Burkhalter
YByrd Y Campbell
Y Canty N 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
Colwell Y Connell NCox N Crawford
Crews Y Culbreth N Cummings Y Davis, G N Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S
Y Dobbs N Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
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 Y Henson N Holland Y Holmes
Y Howard N Hudson Y Hughes Y Hugley N Irvin
Y James N Jamieson N Jenkins Y Johnson, D.H N Johnson, E N Johnson, G N Johnson, J Y Johnston
Y Jones Y Joyce Y Kaye Y Kinnamon N Klein NLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence N Lawson YLee N Lewis
YLord

Y Lucas Y Maddox
Y Mann Y Martin N McBee E McClinton Y McKinney Y Milam Y Mills N Mobley, B N Mobley, J Y Moore
Y Mosley N Mueller
Oliver N O'Neal
Y Orrock Y Padgett Y Parham
Parrish Y Patten
Y Pelote Y Perry
N Pinholster NPoag N Polak
N Porter N Poston Y Powell
Y Purcell, A N Purcell, B Y Randall
N Randolph

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

864

JOURNAL OF THE HOUSE,

Y Trense Y Turnquest Y Twiggs

N Vaughan Y Walker N Wall

Y Watson Y Watts Y Westmoreland

Y White N Williams, B Y Williams, R

Y Yates Yeargin Murphy, Spkr

On the motion, the ayes were 103, nays 67. The motion prevailed.

HB 1000.

By Representative Benefield of the 96th:
A bill to amend Article 2A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of licenses, so as to provide for additional drug related crimes for which a person's driver's license shall be suspended.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for suspension of licenses for convictions in other juris dictions; to provide that licenses be suspended as provided in Code Section 40-5-63; to provide for crimes for which a person's driver's license shall be suspended; to provide that juvenile adjudications for violating Code Section 40-6-391 shall be convictions for purposes of Code Section 40-5-63; 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 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-52, relating to suspension of driver's license or nonresident's operating privilege for conduct in another state, in its entirety and inserting in lieu thereof the following:
"(a) The department shall suspend2 as provided in Code Section 40-5-63, the license of any resident of this state and may suspend a nonresident's operating privilege, upon receiving notice of his a conviction in another state of an offense described in Code Sec tion 40-5-54 or Code Section 40-6-391 or any drug-related offense."
Section 2. Said chapter is further amended by striking subsection (a) of Code Sec tion 40-5-63, relating to periods of suspension of a driver's license, in its entirety and inserting in lieu thereof the following:
"(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 previ ously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions] provided, however, that any person convicted of a drug-related offense pur suant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of 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 said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of

MONDAY, FEBRUARY 14, 1994

865

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 said driver's license. Such license shall be rein stated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a res toration fee of $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 said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."

866

JOURNAL OF THE HOUSE,

Section 3. Said chapter is further amended by striking subsection (a) of Code Sec tion 40-5-75, relating to suspension of driver's license for drug-related offenses, in its entirety and inserting in lieu thereof the following:
"(a) The driver's license of any person convicted of possession distribution, manu facture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer ef a controlled substance or marijuanaj or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2j er subsection (a)j (b), or (j) of Code Section 16-13-302 or Code Section 16-13-33; paragraphs (2), (3), or (5) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the fol lowing terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of sus pension shall be for not less than 180 days. At the end of 180 days, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of possession ef mar-
e* subsection (a) e* {j} ef- Code Section 16 13-30 any drug-related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the Department of Public Safety for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo con tendere and all previous pleas of nolo contendere within such five-year period of time shall constitute a conviction; and
(3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person's license shall be suspended for a period of five years. At the end of two years, the person may apply to the Department of Public Safety for a three-year driving permit upon compliance with the following conditions:
(A) Such person has not been convicted or pleaded nolo contendere to any drug related offense, including driving under the influence, for a period of two years immediately preceding the application for such permit;
(B) Such person submits proof of completion of a licensed drug treatment pro gram. Such proof shall be submitted within two years of the license suspension and prior to the issuance of the permit. Such licensed drug treatment program shall be paid for by the offender. The offender must pay a permit fee of $25.00 to the Department of Public Safety;
(C) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and
(D) Refusal to issue such permit would cause extreme hardship to the applicant. For the purposes of this subparagraph, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the appli cant would be prohibited from:

MONDAY, FEBRUARY 14, 1994

867

(i) Going to his or her place of employment or performing the normal duties of his or her occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organiza tions for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner."
Section 4. Said chapter is further amended by striking subsection (b) of Code Sec tion 40-5-75, relating to suspension of driver's license for drug-related offenses, in its entirety and inserting in lieu thereof the following:
"(b) Whenever a person is convicted of possession distribution, manufacture, culti vation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer ef a controlled substance or marijuana^ or driving or being in actual physical control of any moving vehicle while under the influence of such sub stance in violation of subsection (b) of Code Section 16-13-2Z ef subsection (a)z (b), or (j) of Code Section 16-13-302 or Code Section 16-13-33; paragraphs (2^ (3^ or (5} of sub section (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the Department of Public Safety within ten days after the convic tion. The periods of suspension provided for in this Code section shall begin on the date of such person's conviction for the offense resulting in such suspension; provided, how ever, that, effective January -, 1902 July Ij 1994, if, at the time of conviction of unlawful possession ef a controlled substance r marijuana any offense listed in subsection (a) of this Code section, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies for the issuance or reinstatement of a driver's license."
Section 5. Said chapter is further amended by striking subsection (g) of Code Sec tion 40-5-75, relating to suspension of driver's license for drug-related offenses, in its entirety and inserting in lieu thereof the following:
"(g) Notwithstanding the provisions of Code Section 15-11-38 and except as provided in subsection (c) of this Code section, an adjudication of a minor child as a delinquent child or an unruly child for poascaaion of marijuana er a controlled substance in viola-
tlOtt Or SUDSCCt-lOn \w/ Or v-'OQG QCCllOTl J.O" io~i OF 9UDSCCtlOU \&7 OP \J/ Of OOuC QCCtlOR
16 13-30 any offense listed in subsection (a) of this Code section shall be deemed a con viction for purposes of this Code section."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T

Y Brown Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd
Y Campbell Y Canty

Y Carlisle Y Carreil 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

868

JOURNAL OF THE HOUSE,

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover 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 Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J
Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein YLadd
Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson

YLee Y Lewis
YLord Y Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney
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 YPoag

Y Polak
Y Porter Poston
Y Powell Y Purcell, A Y Purcell, B 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 Skipper Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W Y Smyre
Snow

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

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.

HB 1225.

By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.

The following Committee substitute was read:

A BILL
To amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater per formances, or other entertainments, amusements, or exhibitions to which the general pub lic is admitted, for a price in excess of the price printed on the ticket; to provide for service charges; to provide for a legend or inscription on the tickets; to provide an excep tion; 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 12 of Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the unlawful scalping of tickets for certain athletic contests, and inserting in lieu thereof a new Code Section 10-1-310 to read as follows:

MONDAY, FEBRUARY 14, 1994

869

"10-1-310. (a) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located.
(b) It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any entertainment event not covered by sub section (a) of this Code section, including but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted, for a price in excess of the price printed on the ticket: pro vided, however, that the owner or operator of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or selling of such ticket, privilege, or license of admission in addition to the price printed on the ticket. Such writing shall specify the amount of the service charge to be charged for the sale or selling of each ticket, privilege, or license of admission.
(c) A person shall not be in violation of this Code section if the ticket of admission or other evidence of the right of entry does not contain a legend or inscription stating that reselling or offering to resell a ticket for a price in excess of the price printed on the ticket is a violation of this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Barnes of the 33rd moves to amend the Committee substitute to HB 1225 as follows:
By striking lines 6-29 on page 2 and by striking after "contests" the balance of said sentence and inserting therein the following:
". The following Code section is repealed in its entirety".

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

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

N Carrell
N Carter Y Cauthorn
N Chambless N Chandler
Channell N Childers N Clark Y Coker N Coleman, B N Coleman, T N Colwell
Connell NCox
Y Crawford N Crews
N Culbreth N Cummings Y Davis, G Y Davis, M Y Dickinson NDix
Dixon, H N Dixon, S N Dobba

Y Ehrhart N Epps Y Evans N 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 N Harris, M N Hart N Heard
N Hegstrom Y Hembree N Henson
N Holland N Holmes Y Howard N Hudson N Hughes

N Hugley Y Irvin Y James
N Jamieson N Jenkins
Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J N Johnston N Jones Y Joyce NKaye
Y Kinnamon N Klein
NLadd N Lakly N Lane, D N Lane, R N Lawrence Y Lawson N Lee Y Lewis N Lord
Y Lucas

N Maddox YMann N Martin N McBee E McCIinton
McKinney Milam Y Mills N Mobley, B
N Mobley, J N Moore N Mosley N Mueller
Oliver
N O'Neal N Orrock N Padgett N Parham N Parriah N Patten
Pelote N Perry
N Pinholster YPoag N Polak

870

JOURNAL OF THE HOUSE,

N Porter N Poston
N Powell N Purcell, A N Purcell, B
Randall
N Randolph NRay N Reaves N Reichert Y Roberts

N Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson N Sinkfield N Skipper
N Smith, C N Smith, L N Smith, P

Smith, T Y Smith, V N Smith, W N Smyre NSnow N Stencil, F
N Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat

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

On the adoption of the amendment, the ayes were 34, nays 131. The amendment was lost.

Walker N Wall N Watson N Watts N Westmorland N White N Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1225 as follows:
Page 2 delete lines 23-29.

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 N Breedlove N Brooks, D N Brooks, T N Brown NBuck N Buckner
Y Bunn
N Burkhalter
NByrd
N Campbell
N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler
Channell
N Childers N Clark N Coker N Coleman, B N Coleman, T

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

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

N Mobley, B N Mobley, J N Moore N Mosley N Mueller
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 N Poston
N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts
N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 14, nays 155. The amendment was lost.

The Committee substitute was adopted.

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

MONDAY, FEBRUARY 14, 1994

871

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
N Barnes Y Bates
Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown Y Buck Y Buckner N Bunn Y Burkhalter YBytd Y Campbell Y Canty Y Carlisle Y Carrell
Y Carter N Cauthorn
Y Chambless Y Chandler
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 N Davis, M N Dickinson
NDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps N Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden N Goodwin
Y Greene Y Groover N Hammond Y Manner Y Harris, B
Y Harris, M NHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes

N Howard
Y Hudson Y Hughes Y Hugley Y Irvin N James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
N Johnson, G Y Johnson, J N Johnston
Y Jones N Joyce N Kaye Y Kinnamon Y Klein YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee N Lewis
YLord N Lucas
N Maddox N Mann Y Martin
Y McBee E McClinton
McKinney Y Milam N 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, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert N Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson Y Sinkfield 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
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Y Titus Y Towery
Y Trense Y 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 144, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1225 was ordered immediately transmitted to the Senate.

The Speaker Pro Tern announced the House in recess until 2:00 o'clock this afternoon.

872

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tem called the House to order.

The following Resolutions of the House were read and adopted:

HR 932. By Representatives Teague of the 58th, Brooks of the 54th, Turnquest of the 73rd, Jones of the 71st and McKinney of the 51st:
A resolution commending the Multi-Housing Outreach Ministry and the management staff of Evans Mill Place apartment community.

HR 933. By Representatives Teague of the 58th, Brooks of the 54th, Turnquest of the 73rd, Jones of the 71st and McKinney of the 51st:
A resolution recognizing the Christian Minister's Alliance, Inc.

HR 934. By Representative Byrd of the 170th: A resolution commending Mr. Claude E. Bird.

HR 935. By Representative Byrd of the 170th: A resolution commending Mr. Claude E. Bird, Jr.

HR 936. By Representatives Smith of the 109th, Murphy of the 18th, Groover of the 125th, Jenkins of the 110th, Barnes of the 33rd and others:
A resolution commending David P. Ridgeway, Sr.

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

HB 1405.

By Representatives Hart of the 116th, Brown of the 117th, Childers of the 13th, Padgett of the 119th and Howard of the 118th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for release of medical records to certain entities.

The following Committee substitute was read:

A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for release of medical records to certain entities; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-166, relating to the maintenance, confi dentially, and release of clinical records relative to mental illness, and inserting instead the following:
"37-3-166. (a) A clinical record for each patient shall be maintained. Authorized release of the record shall include examination of the original record, copies of all or any

MONDAY, FEBRUARY 14, 1994

873

portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facility. The clinical record shall not be a public record and no part of it shall be released except:
(1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient;
(2) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, by his parent er guardian the parent of a minor, the guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court;
(2.1) The record of a deceased patient or former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(3) When a patient is admitted to a facility, the patient's record or information contained in the record at from another facility, community mental health center, or H th records ef a private practitioner may be released to the admitting facility. When the service plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, the patient's record or infor mation contained in the record may be released to that facility, community mental health center, or private practitioner;
(4) The record or any part thereof may be disclosed to any employee or staff mem ber of the facility when it is necessary for the proper treatment of the patient;
(5) T-he A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient consents to the release;
(6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating phy sician or to the patient's psychologist;
(7) At the request of the patient or his the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;
(8) ?% A copy of the record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under
the laws of this state;
(8.1) A copy of the record may be released to the next of kin or legal representa tive of a deceased patient, except for matters privileged under the laws of this state;
(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a per son is or has been a patient in a state facility, as well as the patient's current address, if knownT j
(10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patient perpetrator; and
(11) Notwithstanding any other provision of law to the contrary, upon the authori zation of the legal representative or next of kin of a deceased person, a facility is authorized to release those portions of the record necessary for obtaining death bene fits.
(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evi dence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way

874

JOURNAL OF THE HOUSE,

abridge or destroy the confidential or privileged character thereof, except for the pur pose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16.
(d) When a sheriff transports an adult involuntary patient to a facility, that sheriff may request in writing that a notice of such patient's discharge be given to the sheriff; and such notice shall be provided if such patient or the patient's guardian consents in writing to the disclosure or if, in its discretion, the court ordering the involuntary treat ment provides for such notice in the order issued pursuant to Code Section 37-3-81.1."
Section 2. Said title is further amended by striking Code Section 37-4-125, relating to the maintenance, confidentiality, and release of clinical records relative to mental retar dation, and inserting instead the following:
"37-4-125. (a) A clinical record for each client shall be maintained. Authorized release of the record shall include examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facility. The clinical record shall not be a public record and no part of it shall be released except:
(1) When the superintendent of the facility where the record is kept deems it essential for continued habilitation, the record or parts thereof may be released to per sons in charge of a client's habilitation when and as necessary for the habilitation of the client;
(2) A copy of the record may be released to any person or entity designated in writing by the client or, if appropriate, by his pai-ent er guardian the parent of a minor, the guardian of an adult or minor, or a person to whom legal custody of a minor client has been given by order of a court;
(2.1) The record of a deceased client or former client may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(3) When the habilitation plan of the client involves transfer of that client to another facility or involves the receipt of community services by the client, the record may be released to that facility or to that entity rendering such community services;
(4) The record or any part thereof may be disclosed to any employee or staff mem ber of the facility when it is necessary for the proper habilitation of the client;
(5) The record shall be released to the client's attorney if the attorney so requests and the client consents to the release;
(6) In a bona fide medical emergency, as determined by a physician treating the client, the superintendent may release the client's record to the treating physician;
(7) At the request of the client or his the client's attorney, the record shall be pro duced by the entity having custody thereof at any hearing held under this chapter;
(8) The record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state;
(8.1) The record may be released to the next of kin or legal representative of a deceased client, except for matters privileged under the laws of this state.
(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a per son is or has been a client in a state facility, as well as the client's current address, if known;
(10) Parts of the client's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6r ]
(11) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or

MONDAY, FEBRUARY 14, 1994

875

has been a client in the facility, and the name, address, and last known whereabouts of any alleged client perpetrator; and
(12) Notwithstanding any other provision of law to the contrary, upon the authori zation of the legal representative or next of kin of a deceased person, a facility is authorized to release those portions of the record necessary for obtaining death bene fits. (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the pur pose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16."
Section 3. Said title is further amended by striking Code Section 37-7-166, relating to the maintenance, confidentiality, and release of clinical records relative to alcohol or drug abuse, and inserting instead the following:
"37-7-166. (a) A clinical record for each patient shall be maintained. Authorized release of the record shall include examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises as determined by the facility. The clinical record shall not be a public record and no part of it shall be released except:
(1) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, by his parent ef guardian the parent of a minor, the guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court;
(1.1) A copy of the record of a deceased patient or former patient may be released to or in response to a valid subpoena of a coroner or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;
(2) When a patient is admitted to a facility, the patient's record or information contained in the record at from another facility, community mental health center, or the records ef a private practitioner may be released to the admitting facility. When the treatment plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, the patient's record or information contained in the record may be released to that facility, community mental health center, or private practitioner;
(3) The record or any part thereof may be disclosed to any employee or staff mem ber of the facility when it is necessary for the proper treatment of the patient;
(4) The record shall be released to the patient's attorney if the attorney so requests and the patient consents to the release;
(5) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating phy sician or to the patient's psychologist;
(6) At the request of the patient or Ms the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;
(7) Except for matters privileged under the response to a court order issued by a court of competent jurisdiction pursuant to a full and fair show cause hearing; a*el
(8) Parts of the patient's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6r [
(9) A copy of the record may be released to the next of kin or legal representative of a deceased patient, except for matters privileged under the laws of this state;

876

JOURNAL OF THE HOUSE,

(10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patient perpetrator; and
(11) Notwithstanding any other provision of law to the contrary, upon the authori zation of the legal representative or next of kin of a deceased person, a facility is authorized to release a copy of those portions of the record necessary for obtaining death benefits; provided, however, that no information may be disclosed that identifies a deceased person as an alcohol or drug abuser without written consent which may be given by the executor, administrator, or other personal representative appointed under applicable state law; and provided, further, that if there is no such appoint ment, consent may be given by the patient's spouse or, if none, by any responsible member of the patient's family. (b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evi dence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16. (c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the pur pose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Chambless of the 163rd moves to amend the Committee substitute to HB 1405 as follows:
On page 1 line 13 and on page 5 line 5 and on page 8 line 7 between "include" and "examination" add the following:
"but not be limited to".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 862. By Representatives Holmes of the 53rd and Dixon of the 168th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee.

MONDAY, FEBRUARY 14, 1994

877

The following Committee substitute was read:

A BILL
To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that public or private water suppliers may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occupant, or prior lessee; to provide for exceptions; to require such water suppliers to keep identifying information on any user of water service; to require public or private water suppliers to seek reimbursement for unpaid charges only from the person who incurred the charges; to provide for limited liens for certain unpaid charges; 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding immediately following Code Section 36-60-16 a new Code Section 36-60-17 to read as follows:
"36-60-17. (a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such premises.
(b) For each new or current account to supply water to any premises or property, the public or private water supplier shall maintain a record of identifying information on the user of the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.
(c) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges.
(d) A public or private supplier of gas, sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges."
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 Childers of the 13th moves to amend the Committee substitute to HB 862 by striking line 12 of page 1 and inserting in lieu thereof the following:
"liens for certain unpaid charges; to prohibit unreasonable discrimination in rates, charges, or service rules or regulations by public water suppliers; to provide for construc tion; to provide an effective".
By striking line 19 of page 2 an inserting in lieu thereof the following:
"Section 2. Said chapter is further amended by adding a new Code section to be desig nated Code Section 36-60-18 to read as follows:
'36-60-18. (a) Public water suppliers are prohibited from having or applying any rate, charge, or service rule or regulation which unreasonably discriminates against or

878

JOURNAL OF THE HOUSE,

in favor of (1) any member of a class of consumers as opposed to any other consumer who is or should be in the same class of consumers for such purposes, or (2) any class of its consumers as opposed to another class of consumers for such purposes, provided that this prohibition shall not apply to any rate, charge or service rule or regulation relating solely to service rendered by a municipality to consumers whose premises are located within its limits as they existed on the effective date of this Code section.
(b) This Code section shall not be construed to regulate or fix charges of public utilities owned or operated by a county or municipality in violation of Article III, Sec tion VI, Paragraph IV of the Georgia Constitution.'
Section 3. This Act shall become effective upon".
By renumbering Section 3 as Section 4.

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
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
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 Connell Cox Y Crawford
Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M Y Dickinson
Dix Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden
Good win
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

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

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts
Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield 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, P Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
N 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, by substitute, the ayes were 147, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendments thereto:

MONDAY, FEBRUARY 14, 1994

879

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

Representative Smyre of the 136th moved that the House insist on its position in amending SB 12.
The motion prevailed.

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

HB 1314.

By Representatives Godbee of the 145th, Thomas of the 100th, Murphy of the 18th, Purcell of the 147th, Smith of the 175th and others:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change defi nitions relating to capital outlay funds for education; to provide for policies, guidelines, standards, and responsibilities of the State Board of Education with regard to capital outlay projects; to change certain conditions relating to sparsity grants.

The following Committee substitute was read:

A BILL
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," so as to change definitions relating to capital outlay funds for education; to provide for policies, guidelines, standards, and responsibili ties of the State Board of Education with regard to capital outlay projects; to change mini mum school size and grade configuration requirements for the purpose of certain capital projects; to delete funding authorization for planning studies; to provide for construction projects for unhoused students; to provide for additional conditions prior to requesting or expending state or local funds for certain capital projects; to change the provisions relating to capital funding priorities; to authorize certain changes in plans for capital projects and prohibit certain actions as a result of those changes; to delete certain provisions relating to statutory construction; to change the provisions relating to funding of school mergers and consolidations; to change certain conditions relating to sparsity grants; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," is amended by striking Code Section 20-2-260, relating to capital outlay funds, and inserting in its place the following:
"20-2-260. (a) It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by this article.
(b) As used in this Code section, the following words or terms shall have the follow ing meanings:

880

JOURNAL OF THE HOUSE,

(1) 'Addition' refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
(2) 'Annual debt service' is defined as expenditures for the annual retirement of debt for capital outlay construction projects for educational facilities and shall include the interest on the principal as well as the principal of the debt.
(3) 'Capital outlay' includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, con struction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnish ings for educational facilities.
(4) 'Construction project' refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
(5) 'Educational facilities' shall include buildings, fixtures, and equipment neces sary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafetoriums, media centers, building equip ment, building fixtures, furnishings, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
(6) 'Educational facilities survey' is defined as a systematic study of present educa tional facilities and a five-year forecast of future needs which shall include, bt shall net be limited te; the needs set forth in subsection {j) ef this Code section based en the instructional program and service requirements ef- this article.
(7) 'Entitlement' refers to the maximum portion of the total need that may be funded in a given year.
(8) 'Full-time equivalent student count' is defined as the average of the two fulltime equivalent counts pursuant to Code Section 20-2-160 for a school year; provided, however, that the average daily membership shall be used in lieu of such full-time equivalent student counts for school years for which such counts are not available.
(9) 'Local funds' refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
(10) 'Net equalized adjusted school property tax digest' is defined as the equalized adjusted school property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
(11) 'Physical education facility' is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
(13) 'Required local participation' is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
(14) 'Unhoused students' is defined as those students whe are net houacd in school iftCHitiGs wincii ftp 9'*puc*upfliiy sound witii ftdftc(Ufltc spo.cc ds u&rin&u oy T-IIG 910X6
hununni-rHu.

MONDAY, FEBRUARY 14, 1994

881

(14) 'Unhoused student' is defined as any student who, at the time of the initial enrollment count under Code Section 20-2-160, is:
(A) Housed in school facilities which are structurally unsound with inadequate
space as defined by the state board; or (B) Attending classes in a program for which an enrollment program count is
authorized under Code Section 20-2-160 but is attending such classes: (\)_In temporary structures such as trailers, mobile homes, or manufactured
homes; (ii) In areas of a school, such as hallways, storage areas, and auditoriums, not
primarily designed to serve as classrooms; or (iii) In partitioned classrooms or other classrooms which do not meet the state
board's minimum space requirements per student,
unless, while that student attends classes in a school in any situation described in division (i), (ii), or (iii) of this subparagraph, another student in that school is attending classes in any situation not described in division (i), (ii), or (iii) of this subparagraph but in a program for which an enrollment program count under Code Section 20-2-160 is not authorized.
(15) 'Weighted full-time equivalent student count' is defined as the average weighted full-time equivalent count as defined in paragraph (3) of subsection (a) of
Code Section 20-2-165.
(c) The State Board of Education shall adopt policies, guidelines, and standardsj pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instruc tional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employ ees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assess ment of existing educational facilities; extent of obsolescence of facilities; and recom mendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall estab lish appeal procedures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construc tion plans. Local school system facilities construction plans shall include, but not be

882

JOURNAL OF THE HOUSE,

limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for mod ernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities; if any which are less than the minimum size specified in subsection (q) of this Code section; and other con struction projects needed to house the instructional programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installa tion of fixtures and equipment in educational facilities; space requirements per stu dent; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facil ities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and devel oping policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equiva lent student projection research. In addition, the state board shall develop a consist ent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improve ment included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), ad (h)^ (i), (j), and (k.l) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, unhoused stu dent construction projects, and consolidation of schools across system lines are carried out;

MONDAY, FEBRUARY 14, 1994

883

(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve com pleted construction projects financed in whole or in part with state funds, except con struction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; and
(9) To provide procedures whereby local school systems may revise their educa tional facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education. (d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identi fied according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school sys tems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accord ance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional pro gram authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Depart ment of Education for review and approval in accordance with provisions of subsection (c) of this Code'section;
(7) Revise the local educational facilities plan and priority order of requested con struction projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enroll ment or unhoused students or to replace educational facilities which have been aban doned or destroyed by fire or natural disaster and which shall consist of new buildings

884

JOURNAL OF THE HOUSE,

and facilities on new sites or new additions to existing buildings and facilities, or relo cation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facil ities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population by the State Bea*d ef Education specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding pur poses; and
(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed.
(f) The state and each local school system shall provide capital outlay funds for edu cational facilities in accordance with this subsection as follows:
(1) The required local participation shall be 25 percent of the eligible project cost as modified by the local ability ratio and annual debt service. The local ability ratio shall be determined by dividing the local school system's net equalized adjusted school property tax digest per weighted full-time equivalent resident student by the state wide net equalized adjusted school property tax digest per weighted full-time equiva lent resident student. The resulting ratio shall be multiplied by 25 percent of the cost of the eligible construction project to determine the required local participation. A local school system may reduce its required local participation by an amount equal to no more than 75 percent of annual debt service payments of interest and principal on local bonds issued for eligible construction projects. Regardless of the above, no local school system's required local participation shall be less than 10 percent nor greater than 25 percent of the cost of an eligible construction project except as provided in paragraph (2) of this subsection; and
(2) The state shall participate in no more than 25 percent of the cost of construc tion projects related to damage to educational facilities caused by fire or natural disas ter.
(g) (1) In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section2 excluding funds provided for unhoused students pursuant to subsection (j) of this Code section, and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization level may equal zero but shall not exceed $100 million, adjusted annu ally to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization, adjusted as speci fied in this paragraph.

MONDAY, FEBRUARY 14, 1994

885

(2) In setting the annual authorization level under this subsection, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be computed by summing the following:
(A) The total facility improvement needs included in the most recent five-year educational facilities plan2 excluding unhoused student construction projects which shall be requested under subsection (j) of this Code section, which has been reviewed by a. survey team and approved by the state board. Such needs shall annu ally be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the full-time equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section; and
(B) The sum of the annual debt service payments for the five-year period of the latest survey (that used in subparagraph (A) of this paragraph), excluding payments for postsecondary facilities, athletic facilities, administrative facilities, or other projects not included in the approved five-year plan pursuant to subsections (c) and (d) of this Code section. Such payments shall annually be adjusted downward for any portion used in lieu of required local participation as allowed in subsection (f) of this Code section and shall be adjusted upward for the remaining portion of the five-year period for increases in the annual debt service payments resulting from local financing of projects covered by the state board approved plan. (3) Each local school system shall be entitled to a portion of the total authoriza tion set by the state board annually under this subsection based on the ratio of that local school system's needs as computed in paragraph (2) of this subsection to the total of all local school systems' needs. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determin ing entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements. (4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be com pared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute addi tional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit only toward required local participation in sub sequent years pursuant to paragraph (1) of subsection (f) of this Code section, pro vided that the requested state appropriation for this subsection shall not exceed $100 million annually and, if necessary, the new entitlement level shall be reduced to com ply with this limitation.
(5) The final level of entitlements actually authorized by the state board for a fis cal year shall be that level which is consistent with the Appropriations Act for that year,
(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of student population in excess of the capacity of exist ing facilities;
(2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section;
(3) Replacement of educational facilities which have been certified as hazards to health or safety;
(4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts,

886

JOURNAL OF THE HOUSE,

estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and
(5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsec tion, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this sub section prior to submission of the annual budget request for the state board to the General Assembly;
(B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;
(C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and
(D) The required local participation and all other procedural requirements of
this Code section are met. (i) Local school systems may receive capital outlay funds for construction projects to
consolidate or reorganize schools under an advance funding category; provided, however, that each local school system is limited to one project per fiscal year except when a sec
ond project is required to effectuate consolidation or reorganization of the schools simul taneously and that each construction project meets the following conditions:
(1) A school size and organizational study has been completed by the Department of Education;
(2) The local school system has adopted a comprehensive plan to reorganize to a K-6; 6-8; 9-12 organizational pattern, or an organizational pattern congruous with this
pattern, and so that each school within the system funded under this subsection shall
meet or exceed the base sizes specified in subsection {b} of Code Section 20-2-291 the minimum sizes specified in subsection (q) of this Code section or the membership
pepreseiiicQ tft tuese ^1*9.QC orgflnizQtions is iuu percent- or trie iocfli scftooi system"& student population the affected grades contain all the students within the local school system for the respective school level;
(3) The local facilities plan to implement this reorganization or consolidation of
schools has been approved by a comprehensive survey team and the State Board of Education;
(4) The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the
proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization
or consolidation cannot be implemented until these activities have been completed;
(5) The combined project total would otherwise require more than three years of the combined annual entitlement and required local participation, with said combined
annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
(6) A schedule for funding the activities required to effect the reorganization or
consolidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the
state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
(7) The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal
year in which it is to be funded; and (8) The required local participation and all other procedural requirements of this
Code section are met. (j)--The State Beard of Education is authorized te request funda for planning studies
one of two yesrs prior to trie request IOF tfte funding Or specific1 iflciiity projects OP to

MONDAY, FEBRUARY 14, 1994

887

include the costs ef such studies within the total eest ef facility projects; provided, how ever, that aH such project design studies are for projects included in the local school systcms' facility construction plans specified in paragraph {3) ef aubscction {e) ef this Code
(j) (1) In order to determine a reasonable total funding level for the purpose of funding construction projects for unhoused students under this subsection and to establish a fair and equitable distribution of funds for such projects to local school systems, the State Board of Education shall annually determine a level of authoriza tion. For a given fiscal year, the new authorization level for this subsection may equal zero but shall not exceed $100 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of funds to be appropriated under this subsection, each qualified project shall be listed with total projects not to exceed $100 million. The prioritizing of projects as deter mined in this subsection shall determine projects to be funded if appropriated funds for this purpose are less than requested.
(2) Local school systems may receive capital outlay funds for no more than two construction projects in any fiscal year to accommodate unhoused students and may be eligible to receive capital outlay funds for a third such project as provided in para graph (5) of this subsection if each such construction project results in or js an improvement to a school which meets the minimum size specified in subsection (q) of this Code section. In order to obtain such funds, that local school system shall amend its educational facilities plan to provide for and prioritize no more than two of those construction projects necessary to accommodate unhoused students in the system in educational facilities in which those students will no longer be unhoused students. An amended plan which meets the requirements of this paragraph shall be approved by the state board, and the state board shall include those construction projects in its request for appropriations under subsection (k) of this Code section. For purposes of clarification, the state board shall include in its request for appropriations those projects qualifying under subsection (g) of this Code section which do not exceed $100 million and shall include in its request for appropriations those projects qualifying under this subsection which do not exceed $100 million.
(3) Any construction project which is funded in any fiscal year pursuant to this subsection shall be in addition to any other construction projects which could other wise be funded for that local school system under subsection (g) of this Code section for that fiscal year.
(4) (A) The amount authorized and appropriated for unhoused student construc tion projects pursuant to this subsection shall be used to fund two prioritized projects approved for each school system under paragraph (2) of this subsection unless a third project is authorized pursuant to paragraph (5) of this subsection. If those funds are insufficient to fund:
(i) Two prioritized projects approved for each school system pursuant to para graph (2) of this subsection, such funds shall be used to fund all of the first prioritized projects so approved, with the balance used to fund those second prioritized projects according to the priority established under subparagraph (B) of this paragraph; or
(ii) The first prioritized projects approved for each school system pursuant to paragraph (2) of this subsection, such funds shall be used to fund such of those first prioritized projects according to the priority established under subparagraph (B) of this paragraph. (B) In order to establish the funding priority for projects for purposes of divi sions (i) and (ii) of this subparagraph, each school system shall be ranked only with school systems within its same category. The two categories shall be the metropoli tan school category, containing each school system having a majority of its students residing in any county having a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, and the

38

JOURNAL OF THE HOUSE,

nonmetropolitan school category, containing each school system having a majority of its students residing in any county having a population of less than 100,000 according to the United States decennial census of 1990 or any future such census. Within each such category the prioritized projects of each school system shall have a funding priority based on the ratio of that system's unhoused students to the total number of students in that system at the time of the initial enrollment count under Code Section 20-2-160. Any system having a higher percentage of unhoused students than another system in its same category will receive a higher priority for its projects than that other system with regard to projects assigned the same priority by those local systems. Any school system whose unhoused student construction projects are unfunded in any fiscal year while those of another system in the same category and same priority are funded shall have a higher priority in each following fiscal year than such systems which received such funding the preceding fiscal years, but only until the former systems same priority projects have been fully funded. Then the funding shall again be prioritized based upon the percentage of unhoused students. (5) Local school systems which experience extraordinary growth resulting in an increase in student enrollment for the current school year over the previously ended school year, which increase exceeds either 5 percent or 3,000 students shall be eligible for a third project to serve unhoused student needs if there will still be unhoused stu dents following the completion of the two unhoused student projects authorized under paragraph (4) of this subsection. Such third project shall meet the standards for the first two projects as provided in paragraph (2) of this subsection. Funding shall only be available after the two prioritized projects approved under paragraph (2) of this subsection have been funded for all systems eligible therefor. If the funds appropri ated for those third projects are insufficient to fund them all in one fiscal year, the available funds shall be used to fund those projects according to priorities established in the same manner as provided in subparagraph (B) of paragraph (4) of this Code section. (6) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section shall be met for any construc tion project for unhoused students for which capital outlay funds are authorized under this subsection.
(k) The State Board of Education shall request separate appropriations for each of the following categories:
(1) Regular entitlements pursuant to subsection (g) of this Code section; (2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsection (h) of this Code section;
(3) Construction projects resulting from the consolidation of schools across local
school system lines pursuant to paragraph (5) of subsection (h) of this Code section; (4) Construction projects resulting from merger of local school systems pursuant to
subsection (a) of Code Section 20-2-291; (5) Advance funding projects for consolidation or reorganization of schools pursu
ant to subsection (i) of this Code section; and (6) Planning studies pursuant te subsection {j} ef this Code section Unhoused stu
dent construction projects pursuant to subsection (j) of this Code section.
(k.l) Prior to a local board of education's submitting an advanced incentive funding request to the State Department of Education for State Board of Education approval
under subsections subsection (i) and {}) of this Code section or submitting any funding
request for projects enumerated for purposes under subsection (e) of this Code section or for projects requested under subsection (g) or (h) of this Code section which require
the expenditure of any local tax funds in conjunction with state funds, and prior to
expending for any construction project only local tax funds, other than proceeds of gen eral obligation bonds, to construct schools or construct additions to existing schools
which result in closing schools and transporting students to different schools, the local
board of education shall conduct the following:

MONDAY, FEBRUARY 14, 1994

889

(1) The board of education must schedule and hold at least two public hearings and provide an opportunity for full discussion of the local board of education's consol idation e j reorganization plan 2 or other projects which obligate that board to comply with this subsection;
(2) The public hearings shall be advertised in the official newspaper and shall include, but shall not be limited to:
(A) Identification of each school to be closed and location of each new school; (B) Proposed size of each new school in terms of number of students and grade configuration; (C) Proposed renovations, modernization, retrofitting, or expansion of existing schools designed to accommodate consolidation or other construction projects; (D) Total cost, including breakdown for state and local shares, and for school construction projects resulting from consolidation. Local costs shall include identify ing proposed sources of funds, whether from bond referendum proceeds or other sources; (E) Plans for use or disposal of closed school property; (F) The impact alternative options would have on the system's planned curricu lum and programs; (G) The options in the school size and organization study; and (H) The financial impact of the options on all schools; (3) The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropri ate discussion during the public hearings;
(4) Any registered voter may file with the local board of education a notice of intent to file a petition when the voter wishes to express opposition to a school system's local facilities plan as it pertains to consolidation of schools within that sys tem or construction projects which obligate that board to comply with this subsection. A petition with the signature of at least 25 percent of the qualified, registered voters within that system's jurisdiction number of electors who were registered and qualified to vote at the last preceding general or special election for members of that local board of education must be filed with the board of education within 60 days after the notice of intent to file a petition has been received by the board in order for the peti tioners to have rights specified under paragraph (5) of this subsection. The signatures on the petition must be validated by the local board of education against the official list of registered voters;
(5) The local board of education and the petitioners shall meet to resolve differ ences. The petitioners shall select a delegation of no more than ten members, of whom six shall be parents of students in the affected schools. The chairman chairperson of the local board of education shall notify the selected delegation of petitioners of the date, time, and place for meeting to address their differences following the validation of the petition. The local board of education and the delegation of petitioners shall fender a resolve all differences regarding the construction projects in question and report the final decision agreed upon by the board and a majority of the delegation of petitioners on the petition within 60 days from the initial meeting to discuss differ ences; and
(6) AB opposition A report of the final decision agreed upon by the board and a majority of the delegation of petitioners resolving the opposition by the petitioners to the local facilities plan shall be filed by the that local board ef education te report resolution ef opposition with the State Board of Education before advanced incentive funds or other state capital outlay funds shall be awarded to that system and before any local tax funds, other than proceeds of general obligation bonds, may be utilized for any construction project to construct schools or construct additions to existing schools which result in closing schools and transporting students to different schools.
(1) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated:
(1) Facility projects requested pursuant to subsection (g) of this Code section;

890

JOURNAL OF THE HOUSE,

(2) Planning studies Reserved; (3) Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:
(A) Facility projects needed to address extraordinary growth; (B) Facility projects resulting from destruction or damage caused by fire or nat ural disaster; (C) Facility projects needed to address hazards to health or safety; and (D) Facility projects needed for unhoused students where such projects are not included under subsection (j) of this Code section; (4) Facility projects needed to effectuate local school system mergers pursuant to subsection (a) of Code Section 20-2-291; (5) Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities: (A) Students housed in substandard or obsolete facilities; (B) Facility projects designed to consolidate schools smaller than the rcapcctivc base aizca minimum sizes specified in subsection (q) of this Code section; and (C) Facility projects designed to meet state board requirements or for modern ization;
(6) Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and
(7) Facility projects requested pursuant to subsection (i) of this Code section, sub ject to the same order of subpriorities specified in paragraphs (3) and (5) of this sub section.
(1.1) In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance both the total request of the State Board of Education for items specified in paragraphs (1) through (7) of subsection (1) of this Code section as well as the request for unhoused student projects specified in subsection (j) of this Code section, one-half of the funds appropriated to the department for all such requests shall be designated for the items specified in paragraphs (1) through (7) of subsection (1) of this Code section, such funds to be distributed according to the priorities established in that subsection, and the remaining one-half of the funds appropriated shall be desig nated for such unhoused student projects unless some different apportionment is speci fied in the appropriation.
(m) The State Board of Education shall implement a computerized student projec tion program for each school system in Georgia as a component of the state-wide com prehensive educational information network. The program shall be used in this subsection to forecast facility needs in each system by projecting full-time equivalent student counts for each grade level and shall be written in the educational facilities sur vey. The projection program methodology at least must correlate live-birth data to fulltime equivalent student counts and project full-time equivalent student counts for each of the grades, including kindergarten, for each of the next five years using cohort sur vival.
(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and project. For each project, the state board shall present to the Education and Appropria tions committees of the House of Representatives and the Senate of the General Assem bly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifica tions, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required.
(o) Any other provisions of this Code section to the contrary notwithstanding, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolidation within the school system and a majority of the voters voting in said

MONDAY, FEBRUARY 14, 1994

891

bond election voted against incurring such debt, then for a period of four school years immediately following the school year during which the bond election was held, the local school system shall not receive any funds for such purpose pursuant to the provisions of subsections subsection (i) and {j) of this Code section. The provisions of this subsec tion apply to bond elections held at any time after January 1, 1989.
(p) Any system which has not submitted a plan for consolidation or reorganization of schools to the State Board of Education by July 1, 1992, shall not be allowed to request state funds under subsections subsection (i) and {3} of this Code section. Any such plan submitted prior to July 1^ 1992, which has been changed since its submission and approved by the State Board of Education pursuant to paragraph (9) of subsection (c) of this Code section shall not disqualify the local board from requesting and receiv ing funds to implement the changed plan under subsection (i) of this Code section unless, as a result of the change, any school in the plan will be less than the minimum size specified therefor in subsection (q) of this Code section. A change resulting in any school in the plan being less than such minimum size shall not result in the recalculation of entitlements or withholding of funds for any construction project in the plan unless:
(1) That project involves a school which is less than such minimum size; and (2) Construction upon that project has neither been begun nor completed. (q) Any construction project en an existing school facility which is less than base size
1nXQ3 /UJCn1fj1-In1nCfUt TirH> iSiUiVU^BiCoitit~HtiJnInIOa /\V>Jt^j CnInI1HU (\rU^~j\ TnTfI fV"J!I/W \HCo QOfW nHv"liUr>Inl Oi\OJ_ f'>"_p^QJ'l. aanllHU ilUfjU^lnllt'iIfIiInCrUj VUnyr fvVIIiCo I1UnU/rQi1l
ef this Code section shall be approved by the State Beard ef Education. Construction projects which are identified by the local board pursuant to subsections (c) and (d) of this Code section and which contain a projected FTE of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, rcgardlcaa ef grade configuration, as defined in subsection (c) of Code Section 20-2-291, or which contain all the students within the local school system for such respective school level shall be eligible to receive full capital outlay funding pursuant te under the conditions specified in subsections (g), (h), ad (i)j and CD of this Code section. Pre-

(r) Notwithstanding any other provisions of this Code section, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consolida tion within the school system and a majority of the voters voting in said bond election voted against incurring such debt or a local board is under litigation to prevent a consol idation project under subsection (h) or (i) and {j} of this Code section, whether funds have been allocated or not, the procedures established in paragraph paragraphs (5) and (6) of subsection (k.l) of this Code section shall be followed."
Section 2. Said article is further amended by striking Code Section 20-2-291, relating to funding for certain school mergers and consolidations, and inserting in its place the fol lowing:
"20-2-291. (a) In the event a local school system is voluntarily merged with one or more adjoining local school systems under the provisions of Code Section 20-2-60 or Code Sections 20-2-370 through 20-2-372, all local school systems which are party to such voluntary merger shall not be required to finance any portion of the costs for new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate the merger of the school systems, subject to appropriation by the General Assembly.
(b) In the event two or more local school systems voluntarily consolidate two or more elementary, middle, or high schools into a single school which meets or exceeds the base minimum sizes specified in subsection {e} (q) of this Code section Code Section 20-2-260 or 100 percent of the student population for the respective school level from all local school systems which are party to the consolidation will attend such school, all local school systems involved in such consolidation shall not be required to finance any por tion of the costs of new construction or renovation of existing facilities qualified under Code Section 20-2-260 that are needed to effectuate such school consolidation.

892

JOURNAL OF THE HOUSE,

(c) As used in this subsection, the term:
tien 20-2-181 for the middle grades program Reserved.
\) .BQ36 9IZ6 tor ft fll^il SCiiOOl 18 QCIiriCCl d9 tflC Dft36 9126 SpCCltlCCl tti ijOOC OCCTM
ties 20-2-181 for the high school general education program Reserved.
Code Section 20-2-181 for the primary grades program Reserved. (4) 'Elementary school' is defined as a school which contains any grade below
grade four and does not contain any grade above grade eight. (5) 'High school' is defined as a school which contains any grade above grade eight. (6) 'Middle school' is defined as a school which contains no grade below grade four
and no grade above grade eight. (7) 'Quality Basic Education organizational pattern' defined as a K-&-, 6-8; 9-42 pfltt/crR OT 9x?iiool levels OF sny other pftttern wincri ~is con^ruous
this pattern Reserved. (8) 'School level' is defined as a grade range which is consistent with paragraph
(4), (5), or (6) of this subsection. In the event a local school system consolidates an elementary, a middle, or a high school which is smaller than the specified base size minimum size specified in subsection (q) of Code Section 20-2-260 for that respective school with one or more other schools of the same school level within the same local school system, resulting in the consolidated school or schools being at least as large as the respective base siz and organizational pattern consistent with th Quality Basic Education organizational pattern minimum size specified in subsection (q) of Code Section 20-2-260 or containing all the students within the local school system for the respective school level: the local school system shall be required to finance one-half the costs that the local school system would other wise be required to finance under the provisions of Code Section 20-2-260 for any new construction or any renovation of existing facilities needed to effectuate such consolida tion of schools.
(d) All benefits to local school systems as provided under this Code section shall be conditioned upon the following:
(1) No student shall be expected or required to travel a greater time than the max imum travel time prescribed by the State Board of Education to attend a school unless the state board explicitly authorizes an exemption based upon the greater good for all students which will result from such local school system merger or school con solidation; and
(2) In the event of such local school system merger or school consolidation, all instructional facilities will be utilized for public educational purposes to the extent feasible and practical. (e) All benefits to local school systems as provided under subsections (a) and (b) of this Code section shall be conditioned upon the following:
(1) The local boards of education which are potential parties to a merger of local school systems or a consolidation of schools have approved resolutions requesting the State Board of Education to conduct a feasibility study;
(2) The state board has conducted a feasibility study; (3) The local boards of education which are to be parties to a merger of local school systems or a consolidation of a school or schools have approved the recommen dations of the feasibility study; (4) The voters of the affected local school systems, if appropriate, have approved the merger of the local school systems; and (5) The state board has approved the recommendations of the feasibility study."
Section 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 20-2-292, relating to sparsity grants, and inserting in its place the follow ing:
"(6) The state board has concluded that the local school system would still be unable to offer comparable educational programs and services to its students or a portion of its students even if the local school systems were merged or if schools were consolidated,

MONDAY, FEBRUARY 14, 1994

893

since the resulting schools would still be smaller than the base sizes specified pursuant to subsection (e) <rf Cede Section 20-2-260 Code Section 20-2-181."
Section 4. 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 1314 as follows:
To add the following on line 15, page 35, a new sentence as follows:
"Provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration."

The following amendment was read and adopted:

Representative Godbee of the 145th moves to amend the Committee substitute to HB 1314 by striking line 10 of page 1 and inserting in its place the following:
"provide for construction projects for exceptional growth school systems; to".
By adding between lines 30 and 31 of page 3 the following:
"(7.1) 'Exceptional growth' means an increase in the average of a local school system's average full-time equivalent student count for the three most recently com pleted school years when compared to the average of that system's average full-time equivalent count for the three most recently completed school years prior to the most recently completed school year."
By striking lines 3 through 34 of page 5 and lines 1 and 2 of page 6 and inserting in their place the following:
"(14) 'Unhoused students' is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board."
By striking "unhoused student" and inserting in its place "exceptional growth" on line 31 of page 10, line 6 of page 17, and lines 20 and 28 of page 32.
By striking "Unhoused student" and inserting in its place "Exceptional growth" on line 30 of page 27.
By striking "unhoused students" and inserting in its place "exceptional growth" on lines 28 and 29 of page 13 and line 12 of page 16.
By striking lines 29 through 34 of page 22, lines 1 through 34 of page 23, lines 1 through 33 of page 24, lines 1 through 34 of page 25, lines 1 through 34 of page 26, and lines 1 through 10 of page 27 and inserting in their place the following:
"(j) (1) In order to determine a reasonable funding level under this subsection and to establish a fair and equitable distribution of funds to local school systems for con struction projects needed because of exceptional growth, the State Board of Education shall annually determine a level of authorization. For a given fiscal year, the new authorization may equal zero but shall not exceed $100 million. For purposes of delib erations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $100 million maximum authorization.
(2) In setting the annual authorization level for exceptional growth funding, the state board shall consider any previously authorized but unfunded amounts under this

894

JOURNAL OF THE HOUSE,

subsection together with the total estimate of funds needed for school facilities as a result of exceptional growth as computed under subparagraph (A) of this paragraph. The annual entitlement for each school system experiencing exceptional growth shall be computed as follows:
(A) The average of each school system's average full-time equivalent count for the three most recently completed school years will be compared to the average of that system's average full-time equivalent count for the three most recently com pleted school years prior to the most recently completed school year. For each school system with an increased average count after the above calculation, the amount of such increase will be divided by the total increase for all school systems with an increased average count under this subsection to provide the ratio of each system's growth to the total growth of all systems with exceptional growth; and
(B) Each of the school systems identified as being an exceptional growth system under subparagraph (A) of this paragraph shall be entitled to a portion of the total entitlement authorization set by the General Assembly annually for exceptional growth baaed on each system's relative exceptional growth to the sum of exceptional growth for all systems as determined in subparagraph (A) of this paragraph. The entitlement for each school system shall be determined annually by multiplying each system's ratio of need to the total need for exceptional growth by each of the program authorization levels required in paragraph (1) of this subsection. In addi tion to the annual entitlement, the local school system is eligible to receive any entitlement accrued under this subsection from previous fiscal years for which state funds have not been received. Any method of determining entitlements in subse quent years shall in no way affect the amount of previously accrued entitlements.
(3) The level of entitlement approved by the General Assembly and authorized by the state board shall not be greater than a total level of entitlement which, when divided by the sum of exceptional growth for all school systems with exceptional growth, provides a cost per average exceptional growth full-time equivalent student that is not greater than the average of construction costs per full-time equivalent stu dent for elementary school, middle school, and high school construction as provided in paragraph (5) of subsection (c) of this Code section, the average of which three costs shall be reduced by the local participation required by subsection (f) of this Code section.
(4) In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements under this sub section must be compared to the state portion of the current cost estimates for all projects approved for exceptional growth. Such comparisons shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that funding requested for new construction for exceptional growth exceeds the total state entitlements earned for exceptional growth and the required local participa tion, local school systems may elect to contribute additional local funding. Local funds contributed in excess of required local participation may be credited as debt service credit pursuant to paragraph (1) of subsection (f) of this Code section.
(5) The final level of entitlements actually authorized by the state board for a fis cal year shall be that level which is consistent with the Appropriations Act for that year.
(6) Local school systems may receive state capital outlay funds for exceptional growth projects if that system experienced exceptional growth and the following condi tions are met:
(A) The local school system has specifically requested funding under this subsec tion prior to submission of the annual budget request for the state board to the General Assembly;

MONDAY, FEBRUARY 14, 1994

895

_____ _co_n_st_ru_c_ti_o_n _pr_oj_ec_t _su_b_m_it_te_d _to u_ti_liz_e __ fth entitlement shall include construction of at least one new instructional unit. If sufficient growth entitlement is not currently available for all of the new instructional units needed under this subsection, additional local funds or entitlements available to meet con struction needs identified in the school system's facilities plan pursuant to subsec tion (g) of this Code section may be combined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any construction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instructional units at an exist ing school or for new schools only for those schools which, following the completion of such construction, meet the minimum size specified in subsection (q) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and
(C) The local participation required under subsection (f) of this Code section and all other procedural requirements of this Code section are met."
By striking lines 23 through 25 of page 31 and inserting in their place the following:
"unhoused students;".

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 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
Y Cox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H Y Dixon, S Y Dobbs Y 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

Howard
Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Lucas Y Maddox Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 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, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas 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

896

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1314 was ordered immediately transmitted to the Senate.

HB 1417.

By Representatives Thomas of the 100th, Cauthorn of the 35th and Chambless of the 163rd:
A bill to amend Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to depositions in criminal proceedings, so as to provide when such depositions may be taken; to provide the manner in which such depositions shall be taken; to provide for the payment of the costs of such depositions.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Anno tated, relating to depositions in criminal proceedings, so as to provide when such deposi tions may be taken; to provide the manner in which such depositions shall be taken; to provide for the payment of the costs of such depositions; to provide for legislative intent; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 10 of Title 24 of the Official Code of Georgia Anno tated, relating to depositions in criminal proceedings, is amended by striking in its entirety Code Section 24-10-130, relating to when depositions may be taken, which reads as follows:
"24-10-130. At any time after the filing of an indictment, special presentment, or accusation, the court may, upon motion of a party and after notice to the parties, order that the testimony of a prospective witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privi leged be produced at the same time and place. The court shall not order the taking of the witness' testimony unless it appears to the satisfaction of the court that the witness is in imminent danger of death or that the witness has been threatened with death or great bodily harm because of the witness's status as a potential witness in any criminal trial or proceeding.", and inserting in lieu thereof the following:
"24-10-130. (a) At any time after a defendant has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the defendant, the court having jurisdiction to try the offense charged may, after notice to the parties, order that the testimony of a pro spective material witness of a party be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place.
(b) The court shall not order the taking of the witness's testimony unless it appears to the satisfaction of the court that the testimony of the witness is material to the case and the witness:
(1) Is in eminent danger of death; (2) Has been threatened with death or great bodily harm because of the witness's status as a potential witness in a criminal trial or proceeding; (3) Is about to leave the state and there are reasonable grounds to believe that such witness will be unable to attend the trial;

MONDAY, FEBRUARY 14, 1994

897

(4) Is so sick or infirm as to afford reasonable grounds to believe that such witness will be unable to attend the trial; or
(5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention. (c) A motion to take a deposition of a material witness shall be verified and must state:
(1) The nature of the offense charged; (2) The status of the criminal proceedings; (3) The name of the witness and an address in Georgia where the witness may be contacted; (4) That the testimony of the witness is material to the case; and (5) The basis for taking the deposition as provided in subsection (b) of this Code section. (d) A motion to take a deposition shall be filed in the court having jurisdiction to try the defendant for the offense charged; provided, however, if the defendant is charged with multiple offenses, only the court having jurisdiction to try the most serious charge against the defendant shall have jurisdiction to hear and decide the motion to take a deposition. (e) The party moving the court for an order pursuant to this Code section shall give not less than one day's notice of the hearing to the opposite party. A copy of the motion shall be sent to the opposing party or his or her counsel by any means which will rea sonably ensure timely delivery including transmission by facsimile or by digital or elec tronic means. A copy of the notice shall be attached to the motion and filed with the clerk of court. (f) If the court is satisfied that the examination of the witness is authorized by law and necessary, the court shall enter an order setting a time period of not more than 30 days during which the deposition shall be taken. (g) On motion of either party, the court may designate a judge who will be available to rule on any objections to the interrogation of the witness or before whom the deposi tion shall be taken. The judge so designated may be a judge of any court of this state who is otherwise qualified to preside over the trial of criminal cases in the court having jurisdiction over the offense charged."
Section 2. Said article is further amended by striking in its entirety Code Section 24-10-131, relating to notice of deposition, which reads as follows:
"24-10-131. The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having cus tody of a defendant shall be notified of the time and place set for the examination and shall produce him at the examination and keep him in the presence of the witness dur ing the examination. A defendant not in custody shall have the right to be present at the examination; but his failure, absent good cause shown, to appear, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.", and inserting in lieu thereof the following:
"24-10-131. (a) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined.
(b) On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition.
(c) The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives in writing the right to be present, produce the defendant at the examination and keep the defendant in the presence of the witness during the examination unless, after being warned by the judge that disruptive conduct will cause the defendant's removal from the place where the

898

JOURNAL OF THE HOUSE,

deposition is being taken, the defendant persists in conduct which would justify exclu sion from that place.
(d) A defendant not in custody shall have the right to be present at the examination; but failure of the defendant, absent good cause shown, to appear, after notice and tender of expenses, shall constitute a waiver of that right and of any objection to the taking and use of the deposition based upon that right.
(e) Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the witness is a child, the court may order that the deposition be taken in accordance with Code Section 17-8-55."
Section 3. Said article is further amended by striking Code Section 24-10-132, relat ing to assignment of counsel, in its entirety and inserting in lieu thereof the following:
"24-010-132. (a) If a defendant is without counsel, the eewt shall advise him of his rights and assign counsel te represent h financially unable to employ counsel, the court shall appoint counsel as provided in the uniform rules of the courts, unless the defendant elects to proceed without counsel or is able te obtain counsel of his own cnoicc.
(b) Whenever a deposition is taken at the instance of the state, the cost of any such deposition Siifl.li DG PQIU out or sucii timus tts fife QVfliiflDic to meet tiic costs or prosccu~ tien which a*e the responsibility <rf th state te meet b^ the state in the same manner as is provided by law for the payment of costs in the appellate courts.
(c) Depositions taken at the instance of a defendant shall be paid for by the defend ant; provided, however, that, whenever a deposition is taken at the instance of a defend ant who is unable te bear the expense of the taking of the deposition, is eligible for the appointment of counsel as provided in the uniform rules of the courts, the court shall direct that the reasonable expenses for the taking of the deposition and of travel and subsistence of the defendant and his the defendant's attorney2 not to exceed the limits established pursuant to Article 2 of Chapter 7 of Title 45, for attendance at the exami nation be paid for out of the fine and forfeiture fund of the county where venue is laid."
Section 4. Said article is further amended by striking Code Section 24-10-133, relat ing to manner of taking and filing a deposition, in its entirety and inserting in lieu thereof the following:
"24-10-133. Except as provided in Code Section 24-10-137, a A deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall a deposition be taken of a party defendant without his or her consent and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the defendant, the court may direct that a deposi tion be taken on written interrogatories in the manner provided in civil actions. Such request shall constitute a waiver by the defendant of any objection to the taking and use of the deposition based upon its being so taken. If a judge has been designated to rule on objections or to preside over the deposition, objections to interrogation of the witness shall be made to and ruled on by such judge in the same manner as at the trial of a criminal case."
Section 5. Said article is further amended by striking Code Section 24-10-135, relat ing to the admissibility and use of depositions, in its entirety and inserting in lieu thereof the following:
"24-10-135. At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if it appears that th wit ness is dead the witness is unavailable. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a wit ness. If only a part of a deposition is offered in evidence by a party, an adverse party may require him te offer the offering of all of it which is relevant to the part offered and any party may offer other parts. A witness is not unavailable if the exemption, refusal to testify, claim of lack of memory, inability, or absence of such witness is due to the procurement or wrongdoing of the party offering the deposition at the hearing or trial for the purpose of preventing the witness from attending or testifying."

MONDAY, FEBRUARY 14, 1994

899

Section 6. Said article is further amended by striking Code Section 24-10-137, relat ing to recordation of deposition, in its entirety and inserting in lieu thereof the following:
"24-10-137. (a) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment in addition to a steno graphic record. The audio-visual recording shall be transmitted to the clerk of the court which ordered the deposition and shall be made available for viewing and copying only to the prosecuting attorney and defendant's attorney prior to trial. An audio-visual recording made pursuant to this Code section shall not be available for inspection or copying by the public until such audio-visual recording has been admitted into evidence during a trial or hearing in the case in which such deposition is made.
(b) An audio-visual recording made pursuant to this Code section may be admissible at trial or hearing as an alternative to the stenographic record of the deposition.
(c) A stenographic record of the deposition contemplated in this Code section shall be made pursuant to Code Section 9-11-28."
Section 7. Said article is further amended by inserting after Code Section 24-10-137 new Code Sections 24-10-138 and 24-10-139 to read as follows:
"24-10-138. Nothing in this article shall preclude the taking of a deposition, orally or upon written questions, or the use of a deposition by agreement of the parties with the consent of the court.
24-10-139. It is the intent of the General Assembly that depositions shall be taken in criminal cases only in exceptional circumstances when it is in the interest of justice that the testimony of a prospective witness be taken and preserved for use at trial. If the court finds that any party or counsel for a party is using the procedures set forth in this article for the purpose of harassment or delay, such conduct may be punished as contempt of court."
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

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

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 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
Connell 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 Ehrhart
Y Epps 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
Harris, M Y Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Mann Y Martin Y McBee E McClinton
McKinney 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
Parrish Y Patten Y Pelote
Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves
Y Reichert

900

JOURNAL OF THE HOUSE,

Y Roberts Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield 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, P

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas

Y Tillman Y Titus
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
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.

HB 1389.

By Representatives Twiggs of the 8th, Davis of the 48th, Mobley of the 86th, Jenkins of the 110th, Streat of the 167th and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, known as the "Georgia Peace Officer Standards and Training Act," so as to change the time at which a candidate is required to complete the basic training course.

The following amendment was read and adopted:
Representative Smith of the 69th moves to amend HB 1389 as follows: Add a new Section 3 to read as follows: "Section 3. Provided, however, no candidate offering for election to the office of sheriff shall be required to be POST certified or attend a basic training course prior to qualifying for election for the office of sheriff. Renumber accordingly.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless
Y Chandler N Channell Y Childers Y Clark Y Coker Y Coleman, B
Coleman, T Y Colwell
Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
YEpps

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

Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee

E McClinton McKinney
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
Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B

MONDAY, FEBRUARY 14, 1994

901

Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts
Royal
Scoggins Y Shanahan Y Sherrill

Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W

Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague

Y Teper Y Thomas 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 Yeargin Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 154, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1443.

By Representatives Murphy of the 18th, Groover of the 125th and Walker of the 141st:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Anno tated, the "Georgia Administrative Procedure Act," so as to create the Office of State Administrative Hearings; to provide for appellate review of orders of the superior courts in review of contested cases.

The following Committee substitute was read:

A BILL
To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to create the Office of State Administrative Hearings; to provide for the appointment of the chief state administrative law judge; to provide for the designation or employment of assistant, special assistant, and associate administrative law judges and administrative staff, equipment, and property; to establish the duties, powers, and authority of state administrative law judges; to transfer the respon sibility for the conduct of certain administrative hearings from certain other agencies to the Office of State Administrative Hearings; to provide for procedures in the judicial review of contested matters; to transfer certain positions, equipment, and appropriations from certain other agencies; to authorize charges for hearings to certain agencies; to pro vide for appellate review of orders of the superior courts in review of contested cases; to provide for related matters; to provide for dates for effectiveness and implementation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," is amended by designating the existing Code sec tions thereof as Article 1 and by adding at its end a new Article 2 to read as follows:
"ARTICLE 2
50-13-40. (a) There is created within the executive branch of state government the Office of State Administrative Hearings. The office shall be independent of state admin istrative agencies and shall be responsible for impartial administration of administrative hearings in accordance with this article. The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Administrative Services.
(b) The head of the office shall be the chief state administrative law judge who shall be appointed by the Governor, shall serve a term of six years, shall be eligible for reappointment, and may be removed by the Governor for cause. The chief state administra tive law judge shall have been admitted to the practice of law in this state for a period of at least five years. The chief state administrative law judge shall be in the unclassified

902

JOURNAL OF THE HOUSE,

service of the state merit system and shall receive a salary to be determined by the Gov ernor. All successors shall be appointed in the same manner as the original appointment and vacancies in office shall be filled in the same manner for the remainder of the unexpired term.
(c) The chief state administrative law judge shall promulgate rules and regulations and establish procedures to carry out the provisions of this article.
(d) The chief state administrative law judge shall have the power to employ clerical personnel and court reporters necessary to assist in the performance of his or her duties.
(e) (1) The chief state administrative law judge shall have the power to employ fulltime assistant administrative law judges who shall exercise the powers conferred upon the chief state administrative law judge in all administrative cases assigned to them. Each assistant administrative law judge shall have been admitted to the practice of law in this state for a period of at least three years. The chief state administrative law judge may establish different levels of administrative law judge positions and the compensation for such positions shall be determined by the chief state administrative law judge.
(2) The chief state administrative law judge may appoint a special assistant administrative law judge on a temporary or case basis as may be necessary for the proper performance of the duties of the office, pursuant to a fee schedule established in advance by the chief state administrative law judge. A special assistant administra tive law judge shall have the same qualifications and authority as a full-time assistant administrative law judge.
(3) The chief state administrative law judge may designate in writing a qualified full-time employee of an agency other than an agency directly connected with the pro ceeding to conduct a specified hearing, but such appointment shall only be with the prior consent of the employee's agency. Such employee shall then serve as a special designated assistant administrative law judge for the purposes of the specific hearing and shall not be entitled to any additional pay for this service.
(4) When the character of the hearing requires utilization of a hearing officer with special skill and technical expertise in the field, the chief state administrative law judge may so certify in writing and appoint as a special lay assistant administrative law judge a person who is not a member of the bar of this state or otherwise not qual ified under this Code section. Such appointment shall specify in writing the reasons such special skill is required and the qualifications of the appointed individual.
(5) The chief state administrative law judge may designate a class of hearings for which individuals with the necessary skill and training need not meet the qualifica tions of paragraphs (1) through (4) of this subsection. These full-time associate admin istrative law judges shall exercise the powers conferred upon the chief state administrative judge in the class of administrative cases assigned to them. The chief state administrative law judge shall determine the compensation for such positions.
(f) The chief state administrative law judge and any administrative law judge employed on a full-time basis: (1) shall not otherwise engage in the practice of law; and (2) shall not, except in the performance of his or her duties in a contested case, render legal advice or assistance to any state board, bureau, commission, department, agency, or officer.
50-13-41. (a) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not pre sided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings. Such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article. An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Sec tion 50-13-13.
(b) An administrative law judge shall have all the powers of the referring agency with respect to a contested case. Subpoenas issued by an administrative law judge shall be enforced in the manner set forth in paragraph (7) of subsection (a) of Code Section 50-13-13. Nothing in this article shall affect, alter, or change the ability of the parties

MONDAY, FEBRUARY 14, 1994

903

to reach informal disposition of a contested case in accordance with paragraph (4) of subsection (a) of Code Section 50-13-13.
(c) Within 30 days after the close of the record, an administrative law judge shall issue a decision to all parties in the case except when it is determined that the complex ity of the issues and the length of the record require an extension of this period and an order is issued by an administrative law judge so providing. Every decision of an administrative law judge shall contain findings of fact, conclusions of law, and a recom mended disposition of the case.
(d) Except as otherwise provided in this article, in all cases every decision of an administrative law judge shall be treated as an initial decision as set forth in subsection (a) of Code Section 50-13-17, including, but not limited to, the taking of additional testi mony or remanding the case to the administrative law judge for such purpose. On review, the reviewing agency shall consider the whole record or such portions of it as may be cited by the parties. In reviewing initial decisions by the Office of State Admin istrative Hearings, the reviewing agency shall give due regard to the administrative law judge's opportunity to observe witnesses. If the reviewing agency rejects or modifies a proposed finding of fact or a proposed decision, it shall give reasons for doing so in writ ing in the form of findings of fact and conclusions of law.
(e) (1) A reviewing agency shall have a period of 30 days following the entry of the decision of the administrative law judge in which to reject or modify such decision. If a reviewing agency fails to reject or modify the decision of the administrative law judge within such 30 day period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law.
(2) A reviewing agency may prior to the expiration of the review period provided for in paragraph (1) of this subsection extend such review period by order of the reviewing agency in any case wherein unusual and compelling circumstances render it impracticable for the reviewing agency to complete its review within such period. Any such order shall recite with particularity the circumstances which render it impractica ble for the reviewing agency to complete its review within such review period. Any such extension by the reviewing agency shall be for a period of time not to exceed 30 days. Prior to the expiration of the extended review period, the review period may be further extended by further order of the reviewing agency for one additional period not to exceed 30 days if unusual and compelling circumstances render it impracticable to complete the review within the extended review period. Such further order further extending the review period shall likewise recite with particularity the circumstances which render it impracticable for the reviewing agency to complete its review within the review period as previously extended. If a reviewing agency fails to reject or mod ify the decision of the administrative law judge within the extended review period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law.
(3) An agency may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further agency action and without expiration of the 30 day review period oth erwise provided for in this subsection. 50-13-42. (a) This article shall not apply to the Governor, any unit of the judicial branch, any unit of the legislative branch, the Public Service Commission, the State Board of Workers' Compensation, the Health Planning Review Board, the Health Plan ning Agency, or the State Board of Pardons and Paroles. Such exclusion does not pro hibit these agencies or officials from contracting with the Office of State Administrative
Hearings on a case-by-case basis. 50-13-43. All agencies shall cooperate with the chief state administrative law judge
in the discharge of his or her duties. The Office of State Administrative Hearings shall comply with all applicable federal statutes, regulations, and guidelines, including those related to time frames for hearings, release of decisions, and other procedural require ments. The Office of State Administrative Hearings shall promulgate, when necessary for any class of hearings, specific rules and regulations in order to ensure compliance with federal requirements and receipt and retention of federal funding, tax credits, and grants.

904

JOURNAL OF THE HOUSE,

50-13-44. (a) Any full-time hearing officer or equivalent position, used exclusively or principally to conduct or preside over hearings for a covered agency immediately prior to July 1, 1994, shall be administratively transferred to the Office of State Administra tive Hearings, if such employee qualifies under Code Section 50-13-40. Any person serving immediately prior to July 1, 1994, as an independent hearing officer or equiva lent under contract or written order of appointment shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994, and shall continue as a special assistant administrative law judge. All full-time staff of covered agencies who have exclusively or principally served as support staff for administrative hearings shall be administratively transferred to the Office of State Administrative Hearings as of July 1, 1994. All equipment or other tangible property in possession of covered agencies which is used or held exclusively or principally by personnel transferred under this Code section shall be transferred to the Office of State Administrative Hearings as of July 1, 1994.
(b) All such transfers shall be subject to the approval of the chief state administra tive law judge and such personnel or property shall not be transferred if the chief state administrative law judge determines that the hearing officer, staff, equipment, or prop erty should remain with the transferring agency.
(c) Funding for functions and positions transferred to the Office of State Adminis trative Hearings under this article shall be transferred as provided for in Code Section 45-12-90. The employees of the Office of State Administrative Hearings shall be in the classified service of the state merit system; provided, however, that the chief administra tive law judge may place positions in the unclassified service as authorized in Article 1 of Chapter 20 of Title 45 and may also place an additional ten assistant administrative law judges in the unclassified service.
(d) The chief state administrative law judge shall assess agencies the cost of services rendered to them in the conduct of hearings."
Section 2. Said chapter is further amended by adding a new Code Section 50-13-20.1 to read as follows:
"50-13-20.1. A petition for judicial review of a final decision in a contested case issued by an administrative law judge pursuant to subsection (e) of Code Section 50-13-41 shall be subject to judicial review in the same manner as provided in Code Sec tion 50-13-19 except that the procedure and standard of judicial review specifically pro vided for an agency shall be applied and shall not be affected, altered, or changed by Article 2 of this chapter."
Section 3. This Act shall become effective July 1, 1994, for purposes of commencing transfer of positions, independent hearing officers, employees, and equipment and for gen eral administrative purposes. The Office of State Administrative Hearings may commence the performance of its duties on and after July 1, 1994, and shall assume full responsibility for the performance of its duties on and after April 1, 1995. The Office of State Adminis trative Hearings shall, where necessary for any class of hearings, promulgate rules and reg ulations in order to comply with all federal and state procedural requirements. During the period between July 1, 1994, and April 1, 1995, covered agencies may continue to conduct covered administrative hearings as provided by prior law; but on and after April 1, 1995, all such hearings in new and, where practical, in pending proceedings shall be conducted as provided in this Act.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Ehrhart of the 36th moves to amend the Committee substitute to HB 1443 as follows:
Line 12 page 2 strike "appointed by the Governor" add after word shall "Elected by the people of Georgia".

MONDAY, FEBRUARY 14, 1994

905

Page 1 line 4 strike appointment replace with "election". Line 14 page 2 strike re-appointment change to re-election. Line 14 page 2 strike "by the Governor".

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

N Ashe Y Atkins N Bailey
Baker Y Bannister
Barfoot N Bargeron
N Barnes N Bates N Benefield
N Birdsong Bordeaux
N Bostick
Y Breedlove Y Brooks, D
N Brooks, T Brown
NBuck N Buckner
Bunn Y Burkhalter N Byrd N Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn
N Chambless N Chandler N 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 N Davis, G Y Davis, M N Dickinson Y Dix N Dixon, H N Dixon, S
N Dobbs Y Ehrhart N Epps
Evans Y Felton N Floyd, J.M N Floyd, J.W
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

Howard N Hudson N Hughes
N Hugley N Irvin N James
Jamieson N Jenkins
N Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J Y Johnston
Jones Joyce Y Kaye N Kinnamon Y Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson
NLee N Lewis NLord N Lucas Y Maddox YMann N Martin N McBee E McClinton
McKinney N Milam Y Mills

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

On the adoption of the amendment, the ayes were 44, nays 117. The amendment was lost.

N Smith, C N Smith, L N 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, P N Stephenson N Streat N Taylor
Teague N Teper N Thomas N Tillman N 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
Y Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to HB 1443 by striking lines 17 through 25 page 7 and inserting the following:
"50-13-42 (a) In addition to those agencies expressly exempted from the operation of this Chapter under Code Section 50-13-2 (1) this article shall not apply to the Public Service Commission, the Health Planning Review Board, the Health Planning Agency. Such exclusion does not prohibit these agencies or officials from contracting with the Office of State Administrative Hearings on a case by case basis."

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.

906

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y 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 Y Brooks, T
Brown Y Buck
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
Y Dobbs Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y 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 Irvin 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 YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis YLord
Lucas N Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
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, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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
Y Teague Y Teper Y Thomas 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 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Health and Ecology and referred to the Committee on Children and Youth.

HB 1735.

By Representatives Sinkfield of the 57th, Polak of the 67th, McBee of the 88th, Ashe of the 46th, Cauthorn of the 35th and others:
A bill to amend Chapter 7 of Title 49 of the Official Code of Georgia Anno tated, the "Family-Planning Services Act," so as to provide for a statement of intent; to provide that family-planning services shall be made available to all persons who request such services; to provide that such services be made available at certain times.

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

HB 1183.

By Representative Lane of the 55th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against the public health and morals, so as to change the definition of recreational bingo; to authorize nonprofit organiza tions who are licensed to operate bingo games to operate recreational games.

MONDAY, FEBRUARY 14, 1994

907

The following Senate amendment was read:

Amend HB 1183 by adding on line 6 of page 1 between the semicolon and the words "to provide" the following:
"to change the provisions relating to the license required to operate bingo games;".
By adding in the title on line 6 of page 1 between the semicolon and the words "to repeal" the following:
"to provide an effective date;".
By adding on line 29 of page 2 between the period and the word "Recreational" the following:
"Recreational bingo shall also include a bingo session operated by an employer with ten or more full-time employees for the purposes of providing a safe workplace incentive and in which the prizes are determined b^ the employer; provided, however, that no monetary consideration is required by any participant other than the employer and the employer expressly prohibits any monetary consideration from any employee."
By adding between lines 19 and 20 of page 3 the following:
"or a bingo game operated by an employer with ten or more full-time employees for the purpose of providing a safe workplace incentive".
By renumbering Section 3 of page 3 as Section 4 and adding between lines 26 and 27 of page 3 the following:
"Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative Lane of the 55th moved that the House disagree to the Senate amend ment to HB 1735.
The motion prevailed.

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

HB 1472.

By Representatives Bannister of the 77th, McBee of the 88th, Lawrence of the 64th, Atkins of the 29th and Stephenson of the 25th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation, so as to prohibit a proposed group self-insurance fund which has applied for a certificate of authority from taking any action as an insurer prior to the issuance of the certificate of authority.

By unanimous consent, further consideration of HB 1472 was postponed until Wednesday, February 16, 1994, immediately following the period of unanimous consents.

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

908

JOURNAL OF THE HOUSE,

HB 1676 Do Pass SB 451 Do Pass

Respectfully submitted, /s/ Oliver of the 154th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:

Your Committee on Children and Youth has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1465 Do Pass, by Substitute HB 1620 Do Pass HB 1626 Do Pass

HB 1627 Do Pass SB 442 Do Pass SB 471 Do Pass, as Amended

Respectfully submitted, /&/ Sinkfield of the 57th
Chairman

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1459 Do Pass HB 1632 Do Pass HB 1653 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1683 Do Pass HB 1723 Do Pass HB 1793 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

MONDAY, FEBRUARY 14, 1994

909

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1544 Do Pass HB 1705 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Groover of the 125th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

910

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 15, 1994

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 P. Alice Rogers, Associate Minister, Mt. Bethel 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 Resolution of the House were intro duced, read the first time and referred to the committees:
HB 1794. By Representatives Lane of the 55th and Brooks of the 54th: A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1795. By Representative Lane of the 55th: A bill to amend an Act establishing a new charter for the City of East Point, so as to authorize the city to provide by ordinance for the creation of a medi ation system for appeals of city employees and officials.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 15, 1994

911

HB 1796. By Representatives Lane of the 55th and Brooks of the 54th:
A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1797. By Representative Kaye of the 37th:
A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment, deficiencies, assessment, and collec tion of income taxes, so as to change the rate of interest required to be paid on delinquent income taxes; to provide for the payment of interest on refunds of overpayments of state income tax.
Referred to the Committee on Ways & Means.

HB 1798. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Greene of the 158th, Carter of the 166th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peanut as the official state crop.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1799. By Representative Hughes of the 19th:
A bill to provide for an advisory referendum election to be held in Dawson County for the purpose of ascertaining whether the voters of such county prefer the county governing authority to be in the form of a sole commis sioner or a board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1800. By Representatives Harris of the 112th and Yeargin of the 90th:
A bill to amend an Act providing for a new charter for the City of Lincolnton, so as to provide that no person shall be elected as mayor or council member for more than three consecutive terms.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1801. By Representative Hughes of the 19th:
A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1802. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

912

JOURNAL OF THE HOUSE,

HB 1803. By Representative Bargeron of the 120th:
A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, so as to change the descriptions of the education districts of the board and provide for defini tions and inclusions of parts of education districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1804. By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide a homestead exemption from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for edu cational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are totally disabled paralyzed homeowners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1807. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A bill to amend an Act providing for a new charter for the county-wide gov ernment of Columbus, so as to provide for the nonpartisan election of the mayor and council members.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1808. By Representatives Bates of the 179th and Titus of the 180th:
A bill to amend an Act creating a new board of education of Grady County, so as to provide for new districts for members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1809. By Representatives Bates of the 179th and Titus of the 180th:
A bill to amend an Act creating a board of commissioners of the County of Grady, so as to provide for new districts for members of the board of com missioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1810. By Representatives Hanner of the 159th, Cox of the 160th, Kinnamon of the 4th, Coleman of the 142nd, Buck of the 135th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the office of the Governor, so as to provide for decentraliza tion of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentraliza tion of state government.
Referred to the Committee on State Institutions & Property.
HB 1811. By Representative Byrd of the 170th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemp tion of income taxes, so as to provide a tax credit for certain builders and owners of private residences which are constructed or renovated in conform ity with certain standards of accessibility for handicapped persons.
Referred to the Committee on Ways & Means.

TUESDAY, FEBRUARY 15, 1994

913

HB 1812. By Representatives Cauthorn of the 35th, Barnes of the 33rd and Hammond of the 32nd:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate courts, so as to provide for the trial and sentenc ing of additional misdemeanors.
Referred to the Committee on Judiciary,

HB 1813. By Representative Barnes of the 33rd:
A bill to amend Chapter 8 of Title 14 of the Official Code of Georgia Anno tated, known as the "Uniform Partnership Act," so as to provide for required qualification of foreign limited liability partnerships; to provide for a defini tion; to provide for the laws governing a foreign limited liability partnership; to provide for and require certificates of authority.
Referred to the Committee on Judiciary.

HR 937. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th and others:
A resolution creating the GA 96 AG Joint Steering Committee.
Referred to the Committee on Agriculture & Consumer Affairs.

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

HB 1818. By Representatives Dobbs of the 92nd, Murphy of the 18th, Twiggs of the 8th, Bargeron of the 120th, Bates of the 179th and others:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to revise the developmental highway system.
Referred to the Committee on Transportation.

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

HB 1781 HB 1782 HB 1783 HB 1784 HB 1785 HHBB 11778876
HB 1788
HB 1790
HB 1791
HB 1805
HB 1806

HR 925 HR 926 HR 927 SB 473 SB 484 SQBO 5r4JQ3
K 554
SB 565
SB 592
SB 606
SR 453

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:

914

JOURNAL OF THE HOUSE,

Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1667 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

Mr. Speaker:

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

HB 1751 Do Pass HB 1756 Do Pass HB 1757 Do Pass

HB 1765 Do Pass HB 1773 Do Pass

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

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 15, 1994

Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:
HB 1513 Finfish; certain red drum; prohibition HB 1514 Upper Oconee Basin Water Authority; create HB 1515 Domestic relations; hlth ins for children; amend provisions HB 1543 Fulton Co Sen Employees Pension Fund; continue HB 1586 Superior Court Judges Retirement; cost of living increase HB 1600 Nat'1 Guard; call to active duty; non-emergency HB 1601 Spec lie plates; state commanders; national veterans' organizations HB 1608 Binding Arbitration & Warranty Disclosure Statement; provide HB 1616 State Properties Commission; amend provisions HB 1617 Georgia State Indemnification Commission; composition HB 1637 Interior designers; registration certificate; requirements HB 1641 Seed Arbitration Council; provisions HB 1651 Transactions with state agencies; exception to prohibition
SB 386 Macon Water Commissioners-Pension Plan; benefits
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

TUESDAY, FEBRUARY 15, 1994

915

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

HB 1765.

By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for the board of edu cation of Douglas County, so as to provide for election of members; to pro vide for compensation of members.

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

HB 1756.

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.

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

HB 1757. 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.

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

HB 1773.

By Representative Scoggins of the 24th:
A bill to amend an Act creating a new charter for the City of Winterville, so as to provide for the filling of a vacancy in the office of mayor or city councilmember; to establish the Municipal Court of the City of Winterville.

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

HB 1751.

By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.

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

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

Y Ashe Y Atkins
Y Bailey

Y Baker Y Bannister
Y Barfoot

Y Bargeron Y Barnes
Y Bates

Benefield Y Birdsong
Bordeaux

Y Bostick Breedlove
Brooks, D

916

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
Chambless Y Chandler
Y Channell Y Childers Y Clark
Y Coker Y Coleman, B
Coleman, T Colwell Connell YCox Crawford Y Crews
Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H

Y Dixon, S Dobbs
Y Ehrhart Epps
Y Evans Felton
Y Floyd, J.M
Floyd, J.W Y Godbee Y Golden
Good win 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
Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H

Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
Lord Lucas
Y Maddox Y Mann Y Martin
Y McBee E McClinton
McKinney
Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver

O'Neal
Orrock Y Padgett Y Parham
Parrish
Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan
Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C
Smith, L Y Smith, P

Y Smith, T Smith, V
Y Smith, W Smyre
YSnow Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat
Taylor Y Teague
Y Teper Y Thomas 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 Y Yeargin
Murphy, Spkr

On the passage of the Bills, the ayes were 136, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 617. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the provisions relating to the deposits for advance costs; to provide an effective date.

SB 620. By Senator Langford of the 29th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the amount of compensation of the sheriff; to provide an effective date.

SB 621. By Senator Langford of the 29th:
A bill to amend an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation, as amended, so as to change the compensation of the judge of the Probate Court of Heard County.

TUESDAY, FEBRUARY 15, 1994

917

SB 622. By Senator Langford of the 29th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, as amended, so as to change the compensation of the tax commissioner.

SB 623. By Senator Langford of the 29th:
A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the clerk of the superior court.

HB 1485. By Representatives Irvin of the 45th, Lane of the 55th, Felton of the 43rd, Holmes of the 53rd, Teague of the 58th and others:
A bill to amend an Act completely and exhaustively revising the laws per taining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to regulate the receipt and investi gation of complaints or information from county employees concerning fraud, waste, and abuse in or relating to any county programs or operations.

HB 1669. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to provide for the re-creation of the board of elections of Fayette County.

HB 1682. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating the White County Water and Sewerage Authority, so as to provide for a change in the membership of the authority.

HB 1711. By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act providing for the Tift County Board of Education, so as to provide for the composition of the education districts.

HB 1712.

By Representatives Bostick of the 165th and Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Tift County, so as to change the composition of commissioner districts from which mem bers of the board are elected.

SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Anno tated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years and to provide for early retirement at the age of 45 years with reduced benefits; to provide conditions for an effective date and automatic repeal.

SB 486. By Senators Pollard of the 24th and Ralston of the 51st:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to fees of the clerks of the superior courts, so as to provide that a clerk of the superior court shall not file an appeal or transfer into the superior court until all filing fees have been paid; to provide for an effective date.

918

JOURNAL OF THE HOUSE,

SB 492. By Senators Thompson of the 33rd, Madden of the 47th, Marable of the 52nd, Oliver of the 42nd and Burton of the 5th:
A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Anno tated, relating to child abuse, so as to provide for a committee in each judi cial circuit to adopt a written child abuse protocol; to provide for the combination or expansion of county committees and county protocols; to pro vide for the continuation of county committees in single-county circuits; to remove obsolete dates.

SB 493. By Senators Thompson of the 33rd, Oliver of the 42nd, Marable of the 52nd and Burton of the 5th:
A bill to amend an Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Chil dren's Trust Fund and the State Children's Trust Fund Commission; to pro vide for an additional fee in divorce cases and for marriage licenses; and to provide for related matters so as to change the date of repeal of such Act.

SB 494. By Senators Thompson of the 33rd, Marable of the 52nd, Oliver of the 42nd and Burton of the 5th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of peace officers, so as to provide that initial and annual training for police chiefs, department heads, and war dens and annual training for peace officers include a minimum of eight hours relating to crime against children or child abuse.

SB 517. By Senators Thomas of the 10th, Ragan of the llth, Hemmer of the 49th and Slotin of the 39th:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Anno tated, relating to tattooing, so as to increase the minimum age at which a person may obtain a tattoo; to amend Title 31 of the Official Code of Geor gia Annotated, relating to health, so as to define certain terms; to provide for penalties; to authorize more stringent local regulation.

SB 540. By Senator Brown of the 26th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide for bond requirements by sponsors and promoters of promotional contests or giveaways; to amend Code Section 44-3-188 of the Official Code of Georgia Annotated, relating to offer of gifts or prizes, so as to change a cross-reference.

SB 548. By Senators Hemmer of the 49th, Hill of the 4th, Marable of the 52nd and Henson of the 55th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to provide that an assess ment of risk be completed on each youth prior to the youth's placement in a private family attention home; to provide that the plan of care address the needs of the youth for adult supervision and structured after-school activities and for other treatment needs.

TUESDAY, FEBRUARY 15, 1994

919

SB 568. By Senator Edge of the 28th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to change the exemption relating to probation supervisors employed by the Department of Corrections; to provide for an exemption with respect to certain other probation personnel within the Department of Corrections.

SB 569. By Senators Clay of the 37th, Broun of the 46th and Slotin of the 39th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a project not required for continued use by the authority to public entities for public purposes.

SB 572. By Senators Coleman of the 1st and Hill of the 4th:
A bill to amend Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction of the state, so as to provide that the boundary between Georgia and South Carolina be specified and described effective upon the approval of both states and the consent of the Congress of the United States pursuant to Article I, Section 10 of the United States Constitution.

HB 1215. By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
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 change provisions relating to nonpartisan elections for local government offices.

HB 1298. By Representative Buck of the 135th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to public officials conduct and lobbyist disclo sure, so as to provide for the applicability of such provisions to certain activi ties relating to the influencing of certain actions of certain local public officers and employees.

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

HR 860. By Representatives Buckner of the 95th and Channell of the lllth:
A resolution urging the Department of Natural Resources to develop and dis seminate to the public information relating to special hunts to reduce local ized overpopulation of deer.

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

920

JOURNAL OF THE HOUSE,

SB 82. By Senator Walker of the 22nd:
A bill to amend Code Section 47-7-100 of the Official Code of Georgia Anno tated, relating to eligibility for pension benefits under the Georgia Firemen's Pension Fund, so as to reduce the number of years required for vesting from 20 to 15 years and to provide for early retirement at the age of 45 years with reduced benefits; to provide conditions for an effective date and automatic repeal.
Referred to the Committee on Retirement.

SB 486. By Senators Pollard of the 24th and Ralston of the 51st:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to fees of the clerks of the superior courts, so as to provide that a clerk of the superior court shall not file an appeal or transfer into the superior court until all filing fees have been paid; to provide for an effective date.
Referred to the Committee on Judiciary.

SB 492. By Senators Thompson of the 33rd, Madden of the 47th, Marable of the 52nd and others:
A bill to amend Chapter 15 of Title 19 of the Official Code of Georgia Anno tated, relating to child abuse, so as to provide for a committee in each judi cial circuit to adopt a written child abuse protocol; to provide for the combination or expansion of county committees and county protocols; to pro vide for the continuation of county committees in single-county circuits; to remove obsolete dates.
Referred to the Committee on Judiciary.

SB 493. By Senators Thompson of the 33rd, Oliver of the 42nd, Marable of the 52nd and others:
A bill to amend an Act amending Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish the State Chil dren's Trust Fund and the State Children's Trust Fund Commission; to pro vide for an additional fee in divorce cases and for marriage licenses; and to provide for related matters so as to change the date of repeal of such Act.
Referred to the Committee on Judiciary.

SB 494. By Senators Thompson of the 33rd, Marable of the 52nd, Oliver of the 42nd and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of peace officers, so as to provide that initial and annual training for police chiefs, department heads, and war dens and annual training for peace officers include a minimum of eight hours relating to crime against children or child abuse.
Referred to the Committee on Public Safety.

TUESDAY, FEBRUARY 15, 1994

921

SB 517. By Senators Thomas of the 10th, Ragan of the llth, Hemmer of the 49th and others:
A bill to amend Code Section 16-5-71 of the Official Code of Georgia Anno tated, relating to tattooing, so as to increase the minimum age at which a person may obtain a tattoo; to amend Title 31 of the Official Code of Geor gia Annotated, relating to health, so as to define certain terms; to provide for penalties; to authorize more stringent local regulation.
Referred to the Committee on Industry.

SB 540. By Senator Brown of the 26th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide for bond requirements by sponsors and promoters of promotional contests or giveaways; to amend Code Section 44-3-188 of the Official Code of Georgia Annotated, relating to offer of gifts or prizes, so as to change a cross-reference.
Referred to the Committee on Industry.

SB 548. By Senators Hemmer of the 49th, Hill of the 4th, Marable of the 52nd and others:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to provide that an assess ment of risk be completed on each youth prior to the youth's placement in a private family attention home; to provide that the plan of care address the needs of the youth for adult supervision and structured after-school activities and for other treatment needs.
Referred to the Committee on Children and Youth.

SB 568. By Senator Edge of the 28th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to change the exemption relating to probation supervisors employed by the Department of Corrections; to provide for an exemption with respect to certain other probation personnel within the Department of Corrections.
Referred to the Committee on State Institutions & Property.

SB 569. By Senators Clay of the 37th, Broun of the 46th and Slotin of the 39th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a project not required for continued use by the authority to public entities for public purposes.
Referred to the Committee on State Planning & Community Affairs.

922

JOURNAL OP THE HOUSE,

SB 572. By Senators Coleman of the 1st and Hill of the 4th:
A bill to amend Article 1 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the boundaries and jurisdiction of the state, so as to provide that the boundary between Georgia and South Carolina be specified and described effective upon the approval of both states and the consent of the Congress of the United States pursuant to Article I, Section 10 of the United States Constitution.
Referred to the Committee on State Institutions & Property.

SB 617. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the provisions relating to the deposits for advance costs; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 620. By Senator Langford of the 29th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the amount of compensation of the sheriff; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 621. By Senator Langford of the 29th:
A bill to amend an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation, as amended, so as to change the compensation of the judge of the Probate Court of Heard County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 622. By Senator Langford of the 29th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, as amended, so as to change the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 623. By Senator Langford of the 29th:
A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

The following communication was received:

House of Representatives Legislative Office Building, Room 504
Atlanta, Georgia 30334

Date: February 14, 1994

TUESDAY, FEBRUARY 15, 1994

923

To: Honorable Thomas B. Murphy Speaker of the House
From: Tom Sherrill
Due to the death of a close friend, I request being excused from votes in the House while the funeral takes place tomorrow. I will be gone from 11:20 AM until approximately 2:00 PM.
Thank you.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Ways and Means and referred to the Committee on State Planning and Commu nity Affairs - Local.

SB 584. By Senators Thompson of the 33rd and Isakson of the 21st:
A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to change certain dates with respect to the levying of ad valorem taxes and notifying of collecting governing bodies.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Education and referred to the Committee on the University System of Georgia.

HB 1629.

By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Atkins of the 29th, Vaughan of the 34th and others:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to educational institutions exempt from the "Non-public Postsecondary Educational Institutions Act of 1990," so as to add an addi tional exemption.

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

HB 1651.

By Representative Hanner of the 159th:
A bill to amend Code Section 45-10-25 of the Official Code of Georgia Anno tated, relating to exceptions to prohibitions on transactions with state agen cies, so as to provide an exception with respect to the employment by the Department of Natural Resources of part-time cleaning and custodial work ers or cooks who work for other agencies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Y Birdsong
Bordeaux Y Bostick

Y Breedlove Brooks, D Brooks, T
Y Brown Buck
Y Buckner Y Bunn Y Burkhalter
Byrd Y Campbell Y Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn
Chambless Y Chandler
Channell
Y Childers Y Clark Y Coker Y Coleman, B
Coleman, T Colwell Connell Y Cox

Y Crawford Y Crews
Culbreth Cummings Y Davis, G
Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps

Evans Felton Y Ployd, J.M Floyd, J.W Y Godbee
Y Golden Goodwin
Y Greene Y Groover
Hammond Y Hanner Y Harris, B Y Harris, M

924

JOURNAL OF THE HOUSE,

Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hughes
Hugley Y Irvin
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
Lane, D Y Lane, R Y Lawrence Y Lawson
Lee Y Lewis
Lord
Lucas Y Maddox
YMann Y Martin Y McBee E McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore

Y Mosley Y Mueller Y Oliver
O'Neal Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston
Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves

Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P
Smith, T Smith, V Y Smith, W Smyre Snow
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson

Streat Taylor Y Teague Y Teper Thomas Y Tillman Y Titus
Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall
Y Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 131, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1641.

By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th, James of the 140th and others:
A bill to amend Chapter 11 of Title 2 of the Official Code of Georgia Anno tated, relating to seeds and plants, so as to provide for a Seed Arbitration Council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1586. By Representative Cummings of the 27th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, 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 cir cumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1515.

By Representative Cox of the 160th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to accident and sickness insurance coverage for children; to provide for enforcement of acci dent and sickness insurance coverage for children and notice to employers.

The following amendment was read and adopted:

TUESDAY, FEBRUARY 15, 1994

925

The Committee on Judiciary moves to amend HB 1515 by striking on line 33 of page 5 the following:
"19-11-26",
and inserting in its place the following: "19-11-27".

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
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

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 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 Holmes

Howard Y Hudson
Y Hughes Y Hugley Y Irvin
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
Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann
Martin Y McBee E McClinton
McKinney 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
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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
Y Teague Y Teper
Y Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmorland Y White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1513.

By Representative Hanner of the 159th:
A bill to amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and size lim its of certain salt-water finfish species, so as to prohibit the taking or posses sion of a red drum salt-water finfish which is in excess of 27 inches in total length.

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

926

JOURNAL OF THE HOUSE,

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
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 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 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 Y Hart Y Heard Y Hegstrom
Y Hembree Henson
Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
Y James Jamieson
Y Jenkins Johnson, D.H
Y Johnson,E Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R
Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox Y Mann
Y Martin Y McBee E McClinton
McKinney 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 Poag
Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 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
Stanley, L Stanley, P
Y Stephenson Y Streat Y Taylor
Y Teague YTeper
Y Thomas 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 passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1637.

By Representatives Henson of the 65th, Williams of the 63rd, Watson of the 139th, Byrd of the 170th, Powell of the 23rd and others:
A bill to amend Code Section 43-4-32 of the Official Code of Georgia Anno tated, relating to certificates of registration for registered interior designers, so as to change certain provisions regarding the waiver of examination requirements.

The following amendment was read and adopted:

Representatives Johnson of the 153rd and Henson of the 65th move to amend HB 1637 by striking on line 16 of page 1 the following:
"December 31^ 1996,"
and inserting in its place the following:
"June 30, 1996".

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:

TUESDAY, FEBRUARY 15, 1994

927

Y Ashe
Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostkk Y Breedlove
Y Brooks, D Y Brooks, T
Brown YBuck Y Buckner Y 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 Y Coleman, T

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

Y Howard
Y Hudson Y Hughes
Y Hugley Y Irvin 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
Lucas Y Maddox Y Mann Y Martin
Y McBee E McClinton
McKinney 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
Pinholster Poag Polak Y Porter Poston Y Powell
Y Purcell, A Y Purcell, B 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 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 Y Teague Y Teper Y Thomas
Tillman Y Titus
Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R Y Yates
Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1608. By Representatives Watson of the 139th, Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd and others:
A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to provide for the arbitration of disputes between builders and purchasers of certain residential property; to provide that con tracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement".

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to pro vide for the arbitration of disputes between builders and purchasers of certain residential property; to provide that contracts for the purchase of certain residential property shall have a "Binding Arbitration and Warranty Disclosure Statement"; to define certain terms; to provide for the type, contents, distribution, and maintenance of a "Binding Arbitration and Warranty Disclosure Statement"; to provide that noncompliance by a builder shall constitute an unfair and deceptive act; to provide that the disclosure of warranties shall not limit the application of other laws; to provide the manner in which a consumer may notify a builder of any items of construction which the consumer believes are in violation of any standard codes; to authorize the consumer to demand that the builder submit to

928

JOURNAL OF THE HOUSE,

binding arbitration if the builder fails within 60 days to bring the residential property into conformity with any standard codes; to provide for arbitration procedures; to provide for rules to govern all aspects of arbitration proceedings under this Act; to provide for admin istration by the office of the administrator created under the "Fair Business Practices Act of 1975"; to provide for pleadings, documents, records, and awards; to require a builder to make corrections in order to bring a residential property into conformity with any stan dard codes upon the direction of an arbitrator or arbitrators; to authorize certain actions by a consumer under certain circumstances; to provide for a court to confirm certain deci sions of arbitrators or courts; to provide for judgments and enforcement; to provide for specific performance and for the recovery of actual, consequential, and punitive damages under certain circumstances; to provide for the liability of a builder and for the attach ment or recovery of the assets of a builder for the protection of the consumer pending the outcome of the court action; to provide for appeals of arbitration awards; to provide that the arbitration decision may be set aside only under certain conditions; to provide a limi tation on actions; to provide for remedies in law or equity; to require compliance with standard codes; to provide that a prevailing consumer may be awarded reasonable attor ney's fees, court costs, and costs of litigation and to authorize the award of such fees and costs to a prevailing builder under certain conditions; to provide for a limitation on actions following an arbitration decision; to provide for rules and regulations; to amend Code Sec tion 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the "Georgia Arbitration Code," so as to provide that such code shall not be applicable in cases involving new home construction where the consumer notifies the builder of any item of construction which the consumer believes is in violation of any standard codes; to pro vide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, is amended by designating Code Sections 8-2-20 through 8-2-31 as Subpart 1, by striking wherever the same shall appear in Code Sections 8-2-20 through 8-2-31 the term "part" and inserting in lieu thereof in each such instance the term "subpart", and by adding following Code Section 8-2-31 a new Subpart 2 to read as follows:
"Subpart 2
8-2-40. As used in this subpart, the term: (1) 'Administrator' means the administrator appointed pursuant to Code Section
10-1-395. (2) 'Builder' means any person contracting or undertaking as prime contractor the
construction of any new single-family residence. (3) 'Consumer' means any person who purchases a new single-family residence. (4) 'Person' means any individual, company, corporation, association, partnership,
or other legal entity. (5) 'Standard codes' means, with respect to any county or municipality, the state
minimum standard codes enumerated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VIII) of Code Section 8-2-20, as amended or as interpreted from time to time in any properly adopted rules or regulations, and any state minimum standard codes enumerated in subdivisions (9)(B)(i)(IX) through (9)(B)(i)(XIV) of Code Section 8-2-20 which have been adopted by the county or municipality, as amended or as interpreted from time to time in any properly adopted rules or regulations as autho rized in this part. 8-2-41. (a) Any type of contract or agreement for the purchase of new residential property by a person who has indicated an intent to purchase a house as a dwelling and who has not indicated an intent for the house to serve as rental property shall be in writing and shall contain a conspicuous 'Binding Arbitration and Warranty Disclosure Statement' in the following form:

TUESDAY, FEBRUARY 15, 1994

929

BINDING ARBITRATION AND WARRANTY DISCLOSURE STATEMENT
1. Arbitration The builder, ____________________, hereby agrees to submit to binding arbitration pursuant to Subpart 2 of Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated any dispute with the purchaser involving an item of construction that the purchaser or consumer alleges to be a violation of stan dard codes applicable to the residential property.
2. Warranty Disclosure 'Check one of the following: _____ NO WARRANTY is offered with this home; however, the law may pro
vide for some type of warranty coverage in particular situations. _____ AN UNINSURED WARRANTY is offered with this home. Seller agrees
to deliver to purchaser, at closing or within a reasonable time thereafter, a __________________ warranty which IS NOT insured by a third party authorized to insure warranties under a state or federal insurance or risk retention act or statute. _____ AN INSURED WARRANTY is offered with this home. Seller agrees to deliver to purchaser, at closing or within a reasonable time thereafter, a __________________ warranty which IS insured by a third party authorized to insure warranties under a state or federal insurance or risk retention act or statute.' (b) The 'Binding Arbitration and Warranty Disclosure Statement' shall be part of such contract, shall be presented prior to the closing, shall contain no other written or pictorial matter, shall be in a size no less than 13 point type in Helvetica font, and shall be separately initialed by the purchaser. The builder shall maintain a signed copy of the building contract containing the 'Binding Arbitration and Warranty Disclosure State ment' on file for a period of three years. Failure to maintain such a copy for the required period shall create a rebuttable presumption that the contract did not contain the 'Binding Arbitration and Warranty Disclosure Statement.' Failure to comply with this Code section shall constitute an unfair and deceptive act or practice under Code Section 10-1-393. A builder shall not exclude any implied warranties which arise under operation of law. Nothing contained in this Code section shall be construed to limit the application of any other law designed for the protection of consumers and legitimate businesses. 8-2-42. (a) Within one year of the closing on new residential property by a con sumer, the consumer may notify the builder of any item of construction that the con sumer believes is in violation of any standard codes applicable in the county or municipality wherein the residential property is located. The notification to the builder shall be in writing and sent by certified mail, return receipt requested. If the builder fails within 60 days of receipt of the notice to make corrections necessary to bring the residence into conformity with any standard codes, the consumer may serve the builder with a written demand, sent by certified mail, return receipt requested, to submit to binding arbitration. A copy of the demand shall be mailed in the same manner to the administrator who may reject it in accordance with the rules adopted pursuant to this subpart. Such rules shall provide for the administrator or his or her designee to reject any demands within ten days where the administrator finds that there does not appear to be a violation of any standard codes. If the administrator rejects a demand, the builder shall not be required to be subject to the binding arbitration. (b) Unless the administrator rejects a demand for arbitration, the builder shall be subject to the binding arbitration and shall be bound by the arbitration decision, except as otherwise provided in this subpart, regardless of whether the builder has attended the arbitration proceedings; provided, however, that neither party shall be compelled to attend any arbitration proceedings, either in person or through a representative. Either party may designate a representative or representatives to participate in the arbitration proceedings. Either party may be represented by legal counsel. The arbitration proceed ings, including the production of evidence and the assessment of costs against the par ties, shall be carried out pursuant to the rules and regulations promulgated by the

930

JOURNAL OF THE HOUSE,

administrator. Any consumer demanding binding arbitration shall pay to the administra tor a $100.00 application fee, and the administrator shall apply this application fee to the costs of the binding arbitration. Among the other rules for which the administrator may provide under this subpart, the administrator shall provide by rule for the arbitra tor or arbitrators to award a refund of the $100.00 application fee to the consumer and provide for the payment of such fee by the builder in the event the arbitrator finds a standard code violation or violations which have not been appropriately addressed by the builder.
(c) The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrator or arbitrators shall hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear. The results of any inspection by state, county, or municipal building inspectors may be included as evidence with the same weight as any other evidence for consideration by the arbitrator or arbitrators.
(d) The arbitrator or arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. Any party to the proceeding may have the proceedings transcribed by a court reporter.
(e) The award shall be made within 45 days following the close of the hearing. The award shall be in writing and signed by the arbitrator or arbitrators joining in the award. The arbitrator or arbitrators shall deliver a copy of the award to each party per sonally or by registered or certified mail, return receipt requested.
(f) If the arbitrator or arbitrators find that there is a standard codes violation or vio lations, the arbitrator or arbitrators shall direct the builder to make the necessary cor rections to bring the house into conformity with any standard codes.
(g) All pleadings, documents, records, and awards under this Code section shall be public information after the award is delivered, and a copy of such pleadings, docu ments, records, and awards shall be mailed or delivered to the administrator at the time a copy of the award is delivered to the parties. The award shall conspicuously state that a petition to set aside the award must be filed within 30 days and that if the builder fails to file such a petition within 30 days and fails to comply with the award within 60 days, the consumer may file suit to enforce compliance with the award.
8-2-43. A petition to have the arbitration decision set aside shall be made to a court of competent jurisdiction within 30 days after delivery of a copy of the award to the par ties. The builder or the consumer may seek to have the arbitration decision set aside. The arbitration decision shall be set aside only if it is found to be arbitrary, capricious, or totally without any basis in fact, given the facts that were presented to the arbitrator or arbitrators.
8-2-44. (a) The consumer may file an action in any court of competent jurisdiction against the builder in either of the following instances:
(1) In any case where the arbitrator finds that there is a standard codes violation or violations under Code Section 8-2-42 and the builder, without filing a petition under Code Section 8-2-43, fails to comply with such decision within 60 days of the arbitrator's or arbitrators' decision; or
(2) In any case where either party files a petition under Code Section 8-2-43 and the builder fails to comply with the court's decision within 60 days of the court's deci sion.
(b) Upon determination of either of the instances enumerated in subsection (a) of this Code section, the court shall either confirm the award by the arbitrator or arbitra tors under Code Section 8-2-42 or confirm the decision of the court under Code Section 8-2-43, whichever is applicable. Upon confirmation of the award or the decision by the court, judgment shall be entered in the same manner as provided in Chapter 11 of Title 9. Any action under this Code section may be brought to recover actual, consequential, and punitive damages, to seek specific performance, or for any combination of the fore going purposes.
(c) In any action brought under this subpart, if the court finds that it is reasonable to believe that the defendant may move or transfer assets in order to avoid liability or

TUESDAY, FEBRUARY 15, 1994

931

to prevent recovery by the consumer under this Code section, the court may issue any order necessary in law or in equity to prevent such transfers. The court may appoint a receiver to recover any assets if the court finds that the builder has already transferred assets to avoid actions under this subpart. If the court finds that such transfers have already taken place, the court may appoint a receiver to recover any assets moved in contemplation of the action. The receiver shall be paid out of any amounts so recovered.
(d) No case shall be brought under this Code section more than one year after the arbitration decision required by this subpart was rendered or more than one year after a decision is rendered by a court under Code Section 8-2-43, whichever occurs later.
(e) In any case which is brought under Code Section 8-2-43 or under this Code sec tion in a court of competent jurisdiction, the court may fashion any remedies in law or in equity which it deems appropriate; but, where the court finds that the builder failed to correct existing violations, the builder shall be ordered, along with any other awards granted by the court, to correct any standard codes violation or to pay that amount determined by the court to be necessary to correct any such standard codes violation. In any such cases, a prevailing consumer, in addition to any other remedies awarded, may be awarded reasonable attorney's fees, court costs, and costs of litigation. In any such cases, if the court finds that the consumer acted in bad faith or for purposes of harassment, it may award reasonable attorney's fees, court costs, and costs of litigation to the builder.
8-2-45. The administrator shall adopt rules under Chapter 13 of Title 50, the 'Geor gia Administrative Procedure Act,' to govern all aspects of arbitration proceedings under this subpart. Without otherwise limiting the rule-making authority under this subpart, the rules shall include provisions regarding maximum costs, how costs will be assessed against the parties for arbitration proceedings under varying circumstances, suitable qualifications for arbitrators, and procedures for rejection by the administrator prior to arbitration of those cases which do not allege specific violations of standard building codes. The arbitrators shall make the decision regarding how the costs of arbitration proceedings are to be paid in accordance with the rules adopted under this Code sec tion."
Section 2. Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the "Georgia Arbitration Code," is amended by striking in its entirety paragraph (8) of subsection (c) and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) Any sales agreement or loan agreement for the purchase or financing of residen tial real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; provided, however, that this part shall not apply in cases of new home construction where the consumer notifies the builder of any item of construction which the consumer believes is in violation of any standard codes as defined in paragraph (5) of Code Section 8-2-40; and any arbitration with respect to such cases of new home construction and alleged violations of any standard codes shall be conducted pursuant to the provisions of Subpart 2 of Part 2 of Chapter 2 of Title 8. This exception shall not restrict agreements between or among real estate brokers or agents;".
Section 3. This Act shall become effective July 1, 1994; provided, however, that for the purpose of having the necessary rules promulgated in order for the Act to be carried out, Code Section 8-2-45 in Section 1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Holland of the 157th moves to amend the Committee substitute to HB 1608 as follows:

932

JOURNAL OF THE HOUSE,

On page 3 line 31 between the words "purchase" and "of insert the words: "or the construction" And On page 3 line 32 between the words "purchase" and "a" insert the words: "or construct" And On page 5 line 26 between the words "closing" and "on" insert the words: "or full payment to the builder".

The following amendment was read:

Representative Breedlove of the 85th moves to amend the Committee substitute to HB 1608 as follows:
Page 11 new Section 3 and renumber
Noting shall preclude a builder from hiring a person certified to make inspections and such inspections shall be accepted by the governing authority as a valid inspection for their purposes.

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 Y Barnes N Bates N Benefield Y Birdsong
Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T
Brown
NBuck Buckner
NBunn Y Burkhalter NByrd Y Campbell
Canty N Carlisle Y Carrell
N Carter N Cauthorn
N Chambless N Chandler
Channel! N Childers Y Clark Y Coker Y Coleman, B
Cofeman, T

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

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

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

On the adoption of the amendment, the ayes were 64, nays 96.

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

TUESDAY, FEBRUARY 15, 1994

933

The amendment was lost.
The following amendment was read and adopted:
Representatives Walker of the 141st, Skipper of the 137th and Watson of the 139th move to amend the Committee substitute to HB 1608 as follows:
By adding a new Section 3 to read as follows: "Notwithstanding any provision of this Act to the contrary, the failure to obtain a warranty of completion at closing shall in no way affect the liability of the closing attorney or agent or the lien of any lending institute perfected at closing". And by renumbering the following sections accordingly.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
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 Bates
Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown YBuck
Buckner
Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler
Y Channell Y Childers Y Clark Y Coker Y Coleman, B
Coleman, T

Y 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 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
Hanner
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 Ylrvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox
YMann Y Martin Y McBee E McClinton Y McKinney 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
Parrish
Y Patten Y Pelote Y Perry Y Pinholster NPoag Y Poiak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan E Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W
Y Smyre Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
Y Teper Y Thomas 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 160, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1514. By Representatives Stephenson of the 25th, Scoggins of the 24th, Mobley of the 86th, McBee of the 88th, Stancil of the 91st and others:
A bill to create the Upper Oconee Basin Water Authority.

934

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
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 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 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
Hegstrom Y Hembree
Y Henson Y Holland Y Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin 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
Lawrence Y Lawson YLee Y Lewis YLord
Lucas
Y Maddox YMann
Y Martin Y McBee E McClinton Y McKinney 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, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan E Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W YSmyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker
Wall
Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.

Representative Walker of the 141st moved that the following Bill of the House be taken from the table:

HB 1429. By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993.
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 Breedlove
Y Brooks, D Y Brooks, T Y Brown YBuck

Buckner N Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter

Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Connell Cox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M

Y Dickinson Dix
Y Dixon, H Y Dixon, S
Dobbs N Ehrhart Y Epps Y Evans N 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 N Hembree
Henson Y Holland Y Holmes

TUESDAY, FEBRUARY 15, 1994

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 N Kaye
Kinnamon Y Klein Y Ladd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord

Lucas Maddox N Mann Y Martin Y McBee E McClinton Y McKinney Milam Mills Y Mobley, B Y Mobley, J N Moore Y Mosley N Mueller
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, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts
Royal Y Scoggins Y Shanahan E Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre Y Snow Y Stancil, F

935
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland
White Y Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the motion, the ayes were 144, nays 14. The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Royal of the 164th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1394 Do Pass, by Substitute HB 1727 Do Pass, by Substitute SB 41 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 100th
Chairman

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

HR 939. By Representatives Stanley of the 49th, McKinney of the 51st, Stanley of the 50th, Sinkfield of the 57th, Martin of the 47th and others:
A resolution commending the Honorable Marvin S. Arrington and inviting him to appear before the House of Representative.

The Speaker assumed the Chair.

936

JOURNAL OF THE HOUSE,

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

HB 1600.

By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request individual members of the Georgia National Guard, with their consent, to report for duty into the active service of the state for the performance of any official duty in connec tion with National Guard activities without first having declared an emer gency.

The following amendment was read:

Representatives Hembree of the 98th and Lakly of the 105th move to amend HB 1600 as follows:
Insert on page 1, line 5, Georgia National Guard and the Georgia State Defense Force, Insert on page 1, line 8, Georgia State Defense Force, Insert on page 1, line 20, Georgia State Defense Force, Insert on page 1, line 23, Georgia State Defense Force,

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

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

N Colwell N Connell N Cox N Crawford N Crews N Culbreth
N Cummings N Davis, G Y Davis, M
Y Dickinson YDix N Dixon, H N Dixon, S N Dobbs 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
N Hammond N Hanner N Harris, B Y Harris, M YHart N Heard
Hegstrom Y Hembree N Henson N Holland N Holmes

Y Howard N Hudson N Hughes N Hugley N Irvin
N James N Jamieson N Jenkins
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 N Lane, D
N Lane, R Y Lawrence N Lawson NLee N Lewis NLord
Lucas
Maddox Y Mann N Martin N McBee E McClinton N McKinney N Milam
N Mills

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

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

TUESDAY, FEBRUARY 15, 1994

937

On the adoption of the amendment, the ayes were 40, nays 122. The amendment was lost.

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

Y Ashe Y Atkins Y Bailey Y Baker
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 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 Y Dix Y 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 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 Irvin
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 Y Mann Y Martin Y McBee E McClinton Y McKinney 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 Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan E Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Y Smyre YSnow
Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas 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

HB 1616. By Representative Colwell of the 7th:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission.

The following amendment was read and adopted:

Representatives Barnes of the 33rd and Groover of the 125th move to amend HB 1616 as follows:
By striking Section 2 in its entirety and renumbering the remaining sections accord ingly.

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

938

JOURNAL OF THE HOUSE,

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 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
Cox Y Crawford Y Crews Y Culbreth
Y Cummings Y Davjs, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs 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 Y Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

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

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan E Sherrill Y Shipp Y Simpson
Y Sinkfield 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 Y Teper
Y Thomas 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, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1617.

By Representative Colwell of the 7th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of law enforcement offi cers, firemen, prison guards, and publicly employed emergency medical tech nicians, so as to change the composition of the Georgia State Indemnification Commission.

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

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

Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown YBuck Y Buckner
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
Dix Y Dixon, H Y Dixon,S Y Dobbs Y Ehrhart YEpps Y Evans
Felton Y Floyd, J.M

TUESDAY, FEBRUARY 15, 1994

939

Floyd, J.W Y Godbee Y Golden Y Goodwin
Y Greens 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 Irvin Y James
Jamieson 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 Lawrence
Y Lawson YLee Y Lewis Y Lord
Lucas
Y Maddox
Y Mann
Y Martin Y McBee E McClinton

McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore
Y Mosley Mueller
Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Fairish
Patten Y Pelote Y Perry Y Pinholster
Y Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

Y Randall
Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan E Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow
Y Stancil, F Stancil, S
Y Stanley, L

Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
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, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1543. By Representatives Lane of the 55th, Felton of the 43rd, Irvin of the 45th, Canty of the 52nd, Brooks of the 54th and others:
A bill to continue the Fulton County School Employees Pension Fund.

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

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown YBuck Y Buckner
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 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 Y Dobbs 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 Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Lane, R Y Lawrence
Lawson YLee Y Lewis YLord

Y Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney 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 Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph

YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan E Sherrill
Y Shipp Y Simpson Y Sinkfield
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
Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery

940

JOURNAL OF THE HOUSE,

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, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1601.

By Representatives Birdsong of the 123rd, Barfoot of the 155th, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th and others:
A bill to amend Code Section 40-2-67 of the Official Code of Georgia Anno tated, relating to special license plates for commanders of certain veterans' organizations, so as to provide that special license plates may be issued to state commanders of nationally chartered veterans' organizations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 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 Y Dobbs 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 Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson,E Y Johnson, G Y Johnson, J
Y Johnston Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee E McClinton
McKinney 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 Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan E Sherrill Y Shipp Y Simpson Y Sinkfield 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 Y Teague Y Teper
Thomas 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 Yates
Y Yeargin Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 386. By Senator Brown of the 26th:
A bill to amend an Act entitled "Macon Water Commissioners-Pension Plan," as amended, so as to add certain definitions; to increase benefits pay able under the plan; to add a minimum pension of $200 per month; to pro vide a one-time cost of living raise in benefits to employees who retired prior to July 1, 1986; to change the way interest is computed on returned employee contributions.

TUESDAY, FEBRUARY 15, 1994

941

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 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
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 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
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 Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce NKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Martin Y McBee E McClinton
Y McKinney 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
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins
Y Shanahan E Sherrill Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus
Y Towery 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 passage of the Bill, the ayes were 164, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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.

942

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 16, 1994

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 Rabbi Arnold M. Goodman, Ahavath Achim Synagogue, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1814. By Representative Watson of the 139th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a source of funding and procedures for site investigation, engineering, and cleanup in cases where solvents used by dry cleaners may contaminate the environment.
Referred to the Committee on Natural Resources & Environment.
HB 1815. By Representatives Smith of the 109th, Carlisle of the 107th and Maddox of the 108th: A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the compensation of the members of the author ity.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 16, 1994

943

HB 1816. By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish an airport authority in and for the County of Taylor and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and conve nient facilities appertaining to such undertaking.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1817. 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 change the council districts for election of councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1819. By Representative Campbell of the 42nd:
A bill to amend Code Section 19-3-40 of the Official Code of Georgia Anno tated, relating to blood tests required for the issuance of a marriage license, so as to provide for an exception on religious grounds.
Referred to the Committee on Judiciary.

HB 1820. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Smith of the 175th and Martin of the 47th:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Anno tated, relating to enforcement of codes generally, employment and training of inspectors, and contracts for administration and enforcement of codes, so as to provide for the method of serving nonresident owners and parties in inter est and unknown owners and parties in interest as such notice is required in any of the state building and housing codes.
Referred to the Committee on Industry.

HB 1821. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Smith of the 175th, Martin of the 47th and others:
A bill to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds or other instruments, so as to provide for the legible printing of the name and address of the natural person to whom the instrument is to be returned; to provide for conse quences for failure to comply.
Referred to the Committee on Judiciary.

HB 1822. By Representatives Hammond of the 32nd, Barnes of the 33rd and Cauthorn of the 35th:
A bill to provide for term limits for the members of the Board of Commis sioners of Cobb County; to prohibit the Board of Commissioners of Cobb County from granting any increase in the compensation of certain officials of Cobb County; to prohibit the payment from the county funds of Cobb County of any increases in the compensation of certain officials of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

944

JOURNAL OF THE HOUSE,

HB 1823. By Representative Williams of the 63rd:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that it shall be unlawful for a student to have a gun on school property; to provide that any student who causes injury to another student shall be guilty of a felony.
Referred to the Committee on Judiciary.

HB 1824. By Representative Culbreth of the 132nd:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes relative to insurance, so as to authorize the Commissioner to contract with private entities to supply certain functions relative to agent licensure; to provide procedures relative to such contracts; to provide for payment of contractors; to provide for public access to certain information.
Referred to the Committee on Insurance.

HR 938. By Representatives Stancil of the 16th, Lawrence of the 64th, Smith of the 174th, Pinholster of the 15th, Mueller of the 152nd and others:
A resolution applying to the Congress of the United States to call a conven tion for the purpose of proposing an amendment to the Constitution of the United States to provide that no federal tax shall be imposed for the period before the date of enactment of the tax.
Referred to the Committee on Rules.

HR 940. By Representatives Jamieson of the 22nd, Porter of the 143rd, Stephenson of the 25th and Purcell of the 9th:
A resolution designating the Ty Cobb Parkway.
Referred to the Committee on Transportation.

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

HB 1836. By Representatives Chambless of the 163rd, Floyd of the 172nd, Bostick of the 165th and Oliver of the 154th:
A bill to amend Chapter 9 of Title 11 of the Official Code of Georgia Anno tated, relating to secured transactions, sales of accounts, and chattel paper, so as to provide for a defined term; to provide for filing to perfect a security interest; to provide for a "fixture filing"; to prohibit terms in contracts to prohibit assignment.
Referred to the Committee on Judiciary.

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

HB 1794 HB 1795 HB 1796 HB 1797

HB 1798 HB 1799 HB 1800 HB 1801

WEDNESDAY, FEBRUARY 16, 1994

945

HB 1802 HB 1803 HB 1804 HB 1807 HB 1808 HB 1809 HB 1810 HB 1811 HB 1812 HB 1813 HB 1818 HR 937 SB 82 SB 486

SB 492 SB 493 SB 494 SB 517 SB 540 SB 548 SB 568 SB 569 SB 572 SB 617 SB 620 SB 621 SB 622 SB 623

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1541 Do Pass, by Substitute SB 527 Do Pass SB 592 Do Pass, by Substitute
Respectfully submitted, /&/ Hanner of the 159th
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 151 Do Pass, by Substitute HB 1286 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1623 Do Pass, by Substitute HB 1681 Do Pass

946

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1198 Do Pass, by Substitute HB 1327 Do Pass, by Substitute HB 1483 Do Pass, by Substitute HB 1499 Do Pass

HB 1525 Do Pass, by Substitute HB 1715 Do Pass HB 1754 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 922 Do Pass HR 931 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1787 Do Pass HB 1788 Do Pass HB 1805 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Royal of the 164th District, Vice-Chairman of the Committee on Ways & Means, submitted the following report:

WEDNESDAY, FEBRUARY 16, 1994

947

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1704 Do Pass, by Substitute HB 1760 Do Pass, by Substitute HR 750 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Vice-Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 16, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enu merated below:

HB 180 HB 326 HB 562 HB 650 HB 763 HB 879 HB 1130 HB 1177 HB 1207 HB 1318 HB 1439 HB 1486 HB 1544 HB 1664

Junkyards; regulation and control Bad checks; prosecution in magistrate courts; forfeiture of bonds Sales tax exemption; certain sales by certain schools Personal care home; employee records cks; definition of crime Superior Court Clerks' Retirement; benefits; increase Vehicle loads; maximum weight; municipal solid waste transport QBE; summer school program; certain students Public school employees; salary supplements; limit decreases Ad valorem tax; changes in returns; notice Highways; chief engineer; name change St employees; payroll deductions; voluntary charitable organization Safety belts in passenger vehicles; redefine Deannexation; provide method World Congress Center; amend provisions

HR 727 Centralized emission testing prog; urge delay of implementation HR 796 Air pollution; urge EPD reduce

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, HB 1805 was withdrawn from the Local Calendar.

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

HB 1787.

By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.

948

JOURNAL OF THE HOUSE,

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

HB 1788.

By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county who have annual earned family incomes not exceeding $18,000.00 and who are 65 years of age or over.

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

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

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 Y Brooks, T Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Carlisle Y Carrell
Carter Y Cauthorn
Y Chambless Y Chandler Y Channell
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 Davia, M Y Dickinson Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Felton Y 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
Hart Y Heard Y Hegstrom
Y Hembree Henson
Y Holland Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 YMann Y Martin
Y McBee E McClinton Y McKinney 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, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan
Y Sherrill Shipp Simpson Sinkfield
Y Skipper

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

On the passage of the Bills, the ayes were 142, nays 0. The Bills, having received the requisite constitutional majority, were

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

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

WEDNESDAY, FEBRUARY 16, 1994

949

HB 1691.

By Representatives Greene of the 158th and Cox of the 160th:
A bill to amend an Act reconstituting the Board of Education of Early County, so as to change the provisions relating to the qualifications of mem bers of the board of education.

HB 1692.

By Representative Parrish of the 144th:
A bill to amend an Act to fix the compensation of the members of the Board of Education of Johnson County, so as to change the compensation of the chairman of such boards.

HB 1678.

By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to amend an Act creating the board of education of the Liberty County School District, so as to provide for the term of office of members elected at the special election in 1993.

HB 1679.

By Representatives Floyd of the 172nd, Tillman of the 173rd, Mosley of the 171st and Oliver of the 154th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Liberty County during desig nated registration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated.

SB 500. By Senators Scott of the 36th, Slotin of the 39th and Newbill of the 56th:
A bill to amend an Act creating a purchasing department in counties having a population of 200,000 or more, amended to apply to counties having a pop ulation of 550,000 or more, as amended, so as to eliminate certain powers and duties of a county purchasing agent; to provide an effective date.

SB 377. By Senator Hemmer of the 49th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Lake Lanier Islands Develop ment Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1994.

SB 434. By Senator Henson of the 55th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to licensing requirements for professional counselors, so as to exempt from the licensing requirements for professional counselors practi tioners who are employees or student peer counselors of a public or private college or university in this state; to provide for an exception.

SB 444. By Senator Tysinger of the 41st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the general provisions of the General Assembly, so as to authorize the General Assembly to introduce jointly sponsored bills and reso lutions; to provide for the procedure of introducing jointly sponsored bills and resolutions; to provide for other related matters; to provide an effective date.

950

JOURNAL OF THE HOUSE,

SB 497. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 21-3-161.1 of the Official Code of Georgia Annotated, relating to what municipal voting precincts may be bounded by, so as to provide that such precincts may be bounded by the boundaries of public parks or public school grounds; to change which maps may be used; to provide an effective date.
SB 498. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Anno tated, relating to the creation of municipal probation systems, so as to autho rize municipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collec tion through other means.

SB 511. By Senator Walker of the 22nd:
A bill to amend Code Section 37-2-5 of the Official Code of Georgia Anno tated, relating to membership of regional mental health, mental retardation, and substance abuse boards, so as to limit members of such boards to one full term of office upon such boards and limit how soon they are eligible for membership on community service boards; to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to membership of commu nity service boards.

SB 535. By Senators Kemp of the 3rd, Boshears of the 6th, Hill of the 4th, Baugh of the 25th and Hooks of the 14th:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Anno tated, relating to release of juveniles where detention not warranted, so as to provide that only a judge may release from custody a juvenile who allegedly committed a delinquent act which if committed by an adult would constitute certain specified offenses; to provide an effective date.

SB 539. By Senator Brown of the 26th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, so as to provide for access to a live telephone operator; to provide for submission to the Public Service Commission; to provide for certain exceptions.

SB 549. By Senators Hemmer of the 49th, Clay of the 37th, Madden of the 47th, Middleton of the 50th, Perdue of the 18th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road, so as to provide that any person operating a motor vehicle in which there is an open container of alcohol shall be subject to testing to determine his or her blood alcohol content under cer tain conditions.

SB 570. By Senators Farrow of the 54th and Thompson of the 33rd:
A bill to amend Chapter 87 of Title 36 of the Official Code of Georgia Anno tated, relating to participation by counties and municipal corporations in fed eral programs, so as to change certain contracting powers; to provide for the expenditure of federal community development block grant funds and other public funds and authorize participation in programs for the provision of cer tain facilities and of day care, senior citizen, mental health, emergency, and other services.

WEDNESDAY, FEBRUARY 16, 1994

951

SB 583. By Senator Walker of the 22nd:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firemen's Pension Fund, so as to prescribe a minimum attendance by volunteer firemen at drills, meetings, and fires in any calendar year in order to obtain retirement credit under such pension fund; to provide an effective date.

SB 589. By Senator Alien of the 2nd:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate the month of February of each year as Georgia Black History Month.

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

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

SR 385. By Senators Cheeks of the 23rd, Walker of the 22nd, Baugh of the 25th and Pollard of the 24th:
A resolution proposing an amendment to the Constitution so as to prohibit a county, municipality, or political subdivision of the state from incurring debt or obligating itself through a certificate of participation without approval in a referendum if the level of such indebtedness or obligation exceeds $1 million; to provide for the submission of this amendment for rati fication or rejection.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill 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 Anno tated, related to the regulation of specialized land transactions, so as to pro vide for the governance of certain property owners' associations and developments; to provide a short title.

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

HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Anno tated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title applica tion to either the commissioner or the local tag agent in the county of the vehicle owner's residence.

952

JOURNAL OF THE HOUSE,

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

SB 377. By Senator Hemmer of the 49th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Lake Lanier Islands Develop ment Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1994.
Referred to the Committee on Retirement.

SB 434. By Senator Henson of the 55th:
A bill to amend Code Section 43-10A-7 of the Official Code of Georgia Anno tated, relating to licensing requirements for professional counselors, so as to exempt from the licensing requirements for professional counselors practi tioners who are employees or student peer counselors of a public or private college or university in this state; to provide for an exception.
Referred to the Committee on University System of Georgia.

SB 444. By Senator Tysinger of the 41st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the general provisions of the General Assembly, so as to authorize the General Assembly to introduce jointly sponsored bills and reso lutions; to provide for the procedure of introducing jointly sponsored bills and resolutions; to provide for other related matters; to provide an effective date.
Referred to the Committee on Rules.

SB 497. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 21-3-161.1 of the Official Code of Georgia Annotated, relating to what municipal voting precincts may be bounded by, so as to provide that such precincts may be bounded by the boundaries of public parks or public school grounds; to change which maps may be used; to provide an effective date.
Referred to the Committee on Governmental Affairs.

SB 498. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Anno tated, relating to the creation of municipal probation systems, so as to autho rize municipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collec tion through other means.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 16, 1994

953

SB 500. By Senators Scott of the 36th, Slotin of the 39th and Newbill of the 56th:
A bill to amend an Act creating a purchasing department in counties having a population of 200,000 or more, amended to apply to counties having a pop ulation of 550,000 or more, as amended, so as to eliminate certain powers and duties of a county purchasing agent; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 511. By Senator Walker of the 22nd:
A bill to amend Code Section 37-2-5 of the Official Code of Georgia Anno tated, relating to membership of regional mental health, mental retardation, and substance abuse boards, so as to limit members of such boards to one full term of office upon such boards and limit how soon they are eligible for membership on community service boards; to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to membership of commu nity service boards.
Referred to the Committee on Health & Ecology.
SB 535. By Senators Kemp of the 3rd, Boshears of the 6th, Hill of the 4th and oth ers:
A bill to amend Code Section 15-11-21 of the Official Code of Georgia Anno tated, relating to release of juveniles where detention not warranted, so as to provide that only a judge may release from custody a juvenile who allegedly committed a delinquent act which if committed by an adult would constitute certain specified offenses; to provide an effective date.
Referred to the Committee on Judiciary.
SB 539. By Senator Brown of the 26th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service generally, so as to provide for access to a live telephone operator; to provide for submission to the Public Service Commission; to provide for certain exceptions.
Referred to the Committee on Industry.

SB 549. By Senators Hemmer of the 49th, Clay of the 37th, Madden of the 47th and others:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road, so as to provide that any person operating a motor vehicle in which there is an open container of alcohol shall be subject to testing to determine his or her blood alcohol content under cer tain conditions.
Referred to the Committee on Judiciary.

SB 570. By Senators Farrow of the 54th and Thompson of the 33rd:
A bill to amend Chapter 87 of Title 36 of the Official Code of Georgia Anno tated, relating to participation by counties and municipal corporations in fed eral programs, so as to change certain contracting powers; to provide for the expenditure of federal community development block grant funds and other public funds and authorize participation in programs for the provision of cer tain facilities and of day care, senior citizen, mental health, emergency, and other services.
Referred to the Committee on Appropriations.

954

JOURNAL OF THE HOUSE,

SB 583. By Senator Walker of the 22nd:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firemen's Pension Fund, so as to prescribe a minimum attendance by volunteer firemen at drills, meetings, and fires in any calendar year in order to obtain retirement credit under such pension fund; to provide an effective date.
Referred to the Committee on Retirement.

SB 589. By Senator Alien of the 2nd:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate the month of February of each year as Georgia Black History Month.
Referred to the Committee on State Planning & Community Affairs.

SR 385. By Senators Cheeks of the 23rd, Walker of the 22nd, Baugh of the 25th and others:
A resolution proposing an amendment to the Constitution so as to prohibit a county, municipality, or political subdivision of the state from incurring debt or obligating itself through a certificate of participation without approval in a referendum if the level of such indebtedness or obligation exceeds $1 million; to provide for the submission of this amendment for rati fication or rejection.
Referred to the Committee on State Planning & Community Affairs.

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

HR 941. By Representatives Stancil of the 16th, Ehrhart of the 36th and Crews of the 78th:
Relative to adjournment.

HR 942. By Representative Reichert of the 126th:
A resolution commending the Georgia Junior Miss Scholarship Program; congratulating the 1994 Georgia Junior Miss, Miss Nicole Guignon Kardell, and inviting her to appear before the House of Representatives.

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

HR 922. By Representatives Hugley of the 133rd, Smyre of the 136th, Lee of the 94th, Taylor of the 134th, Sinkfield of the 57th and others:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting Dr. Mary Shy Scott, the international president, and the members of that soror ity to appear before the House of Representatives.

WEDNESDAY, FEBRUARY 16, 1994

955

HR 931. By Representatives Floyd of the 138th, Ray of the 128th, Walker of the 141st and Watson of the 139th:
A resolution recognizing the Warner Robins Air Logistics Center as the larg est industrial complex in the State of Georgia and commending Major Gen eral William P. Hallin, Commander, for his many contributions to the defense of our country and our Georgia communities and inviting him to appear and be recognized before the House of Representatives.

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 amendments and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following Bill of the Senate:

SB 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Robinson of the 16th, Scott of the 36th and Isakson of the 21st.

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

HB 1472.

By Representatives Bannister of the 77th, McBee of the 88th, Lawrence of the 64th, Atkins of the 29th and Stephenson of the 25th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation, so as to prohibit a proposed group self-insurance fund which has applied for a certificate of authority from taking any action as an insurer prior to the issuance of the certificate of authority.

Representative Snow of the 2nd moved that HB 1472 be recommitted to the Commit tee on Insurance.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

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

N Carlisle Y Carrell N Carter Y Cauthorn Y Chambless Y Chandler
Channell Y Childers

N Clark Y Coker
Coleman, B Y Coleman, T
Colwell Y Connell Y Cox Y Crawford

956

JOURNAL OF THE HOUSE,

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

N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley N Irvin
Y James Jamieson
Y Jenkins Y Johnson, D.H Y Johnson, E N Johnson, G Y Johnson, J N Johnston
Jones Y Joyce N Kaye Y Kinnamon
Y Klein N Ladd N Lakly
Lane, D Y Lane, R N Lawrence
N Lawson

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

Y Polak N Porter N Poston Y Powell Y Purcell, A N Purcell, B Y Randall N Randolph Y Ray
Y Reaves Y Reichert
Roberts Y Royal N Scoggins Y Shanahan Y Sherrill N Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C
Y Smith, L Y Smith, P E Smith, T
N Smith, V Y Smith, W Y Smyre
Y Snow

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

On the motion, the ayes were 103, nays 45. The motion prevailed.

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

HB 1664.

By Representatives Parrish of the 144th, Byrd of the 170th and McBee of the 88th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, relating to the Geo. L. Smith II Georgia World Congress Center Authority, so as to revise and expand the definition of the term "project"; to expand the powers of the authority to accept and apply gifts; to authorize the disposition of a project not required for continued use by the authority to public entities for public purposes.

The following amendment was read and adopted:

Representative Parrish of the 144th moves to amend HB 1664 by adding on line 17 of page 3 after the word and symbol "intangible," and before the word "in" the following:
"or services or other things of value,".

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 Y Brown Y Buck Y Buckner
Y Bunn Y Burkhalter

Y Byrd Y Campbell Y Canty
Carlisle Y Carrell
Y Carter Y Cauthorn

Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman, B

WEDNESDAY, FEBRUARY 16, 1994

957

Y Coleman, T Y Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Y Dickinson
YDix Y Dixon, H Y Dixon, S
Dobbs Y 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
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley
Y Irvin
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
Kinnamon
Y Klein
YLadd Y Lakly
Lane, D

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

Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
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 Skipper Y Smith, C Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W
Y Smyre

Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
Y Teper
Y Thomas 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, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1318.

By Representative Benefield of the 96th:
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 highway engineer to the chief engineer.

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:

Ashe Y Atkins
Y Bailey Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates
Y Benefield
Y Birdsong
Y Bordeaux
Y Bostick 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 Y 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 Ehrhart
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
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 YLadd Y Lakly Y Lane, D
Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas
Maddox YMann Y Martin
Y McBee

E McClinton McKinney
Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley
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, A Y Purcell, B

958

JOURNAL OF THE HOUSE,

Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill

Y Shipp Simpson Sinkfield
Y Skipper Y Smith, C Y Smith, L Y Smith, P E 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
Streat Y Taylor Y Teague

Y Teper Thomas
Y Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker

Wall Y Watson
Watts Y Westmoreland
White Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1544.

By Representatives Stancil of the 16th, Lawrence of the 64th, Yeargin of the 90th and Watts of the 26th:
A bill to amend Article 2 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to provide for a method of local deannexation.

The following amendment was read and adopted:

Representative Stancil of the 16th moves to amend HB 1544 as follows: Line 21 page 1 change word "annexed" to "deannexed".

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
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 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 Y Dobbs Y Ehrhart
Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin 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 Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye
Y Kinnamon Y Klein YLadd
Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann
Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
Y Oliver Y O'Neal
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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

WEDNESDAY, FEBRUARY 16, 1994

959

On the passage of the Bill, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

The following Committee substitute was read:

A BILL
To amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to control of junkyards, so as to define certain terms; to provide for limita tions on the location of junkyards; to provide for screening requirements; to provide for notice; to provide for a lien against the junkyard for expenses of screening; to provide for regulations; to authorize acquisition and removal of junkyards; to provide for abatement of nuisances; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to control of junkyards, is amended by striking Code Section 32-6-240, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 32-6-240 to read as follows:
"32-6-240. As used in this article, the term: (1) 'Automobile graveyard' means any establishment which is maintained or used
for storing, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
(2) 'Junk' means old or scrap copper, brass, rope, rags, batteries, paper, trash, rub ber, debris, or waste; junked, dismantled, or wrecked automobiles^ or parts thereof; or iron, steel, and other old scrap ferrous or nonferrous material.
(3) 'Junkyard' means any establishment which is maintained or used for storing, buying, or selling junk or for an automobile graveyard; and however, the term shall not include garbage dumps, sanitary fills, permitted solid waste handling facilities, and scrap processor establishments.
(4) 'Scrap processor' means any person, firm, or corporation engaged only in the business of buying scrap paper, scrap glass, scrap plastic, or scrap iron and metals, including but not limited to old automobiles, for the specific purpose of processing and recycling into raw material for remeltingj reformulating, or repulping purposes only; and whose principal product is ferrous and nonferrous scrapj for shipment te steel mills, foundries, smcltcfs, and refineries, scrap paper, scrap glass, or scrap plastic for shipment to other manufacturers for use as raw materials and who maintains an established place of business in this state and has facilities and machinery designed for such processing."
Section 2. Said article is further is amended by striking Code Section 32-6-241, relat ing to restrictions on location of junkyards in relation to rights of way of interstate or fed eral-aid primary highways, in its entirety and inserting in lieu thereof a new Code Section 32-6-241 to read as follows:

960

JOURNAL OF THE HOUSE,

"32-6-241. (a) It shall be unlawful for any person to establish, operate, or maintain any junkyard, any portion ef- which is within 1,000 feet ef- the nearest edge e>f- the right ef- way ef any interstate r federal-aid primary highway, except:
(1) Those which are screened by natural objects, plantings, fences, or other appro priate means or which are otherwise removed from sight so as not to be visible from the main traveled way of such highway systems any interstate or federal-aid primary highway or any road of a county or municipal road system;
(2) Those located within areas which are zoned for industrial use under authority of law;
(3) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations promulgated by the commissioner; and
(4) Those which are not visible from the main traveled way of the systems any interstate or federal-aid primary highway or any road of a county or municipal road system. (b) It shall be unlawful for any person to establish any junkyard any portion of which is within 100 feet of the banks of any river, stream, or other body of water unless specifically authorized by the governing authority of the county or municipality in which such junkyard is located."
Section 3. Said article is further amended by striking Code Section 32-6-242, relating to screening of junkyards, in its entirety and inserting in lieu thereof a new Code Section 32-6-242 to read as follows:
"32-6-242. (a) The department, in the case of a junkyard located adjacent to a pub lic road on an interstate or federal-aid primary system or on any other road m the state highway system; a county, in the case of a junkyard located adjacent to a public road on a county road system; or a municipality, in the case of a junkyard located adjacent to a public road on a municipal road system shall have the authority to give written notice to the owner or operator of such junkyard that such junkyard is not in compli ance with the requirements of this article. The notice shall inform the owner or operator of such junkyard that such junkyard must be brought into compliance within 90 days or the department, county, or municipality, as applicable, may take action to screen such junkyard and that the owner or operator of such junkyard shall be liable for any expenses of such screening. The notice shall inform the owner or operator of the right to a hearing regarding the screening of such junkyard. The right to such hearing shall be deemed waived if the owner or operator fails to request a hearing within 90 days fol lowing receipt of such notice. If a hearing is requested, no action shall be taken by the department, county, or municipality until after such hearing has been held. Ifj after such hearing, it is determined that the owner or operator of the junkyard is in violation of this article, the department, county, or municipality, whichever is applicable, may screen such junkyard to bring it into compliance with this article.
of trie ncftrcst u,c Or MIC n^jnt of w&y Qno VISIDIC troin trie ftiflift tro.vci.cci wfly of flny

junkyards Junkyards may be screened at locations cither en the edge of the right of way of such a public road or on property acquired by the department^ county, or municipal ity for that purpose outside such right of way. Whenever the commissioner determines that it is in the best interest of the state, the department may acquire, pursuant to any of the procedures for property acquisition set forth in Article 1 of Chapter 3 of this title, such property or interests therein outside existing public road rights of way as may be necessary to provide adequate screening of such junkyards.
(c) (1) The department or any county or municipality which screens any junkyard pursuant to this Code section shall maintain an itemized list of the expenses incurred in screening such junkyard and a statement for such expenses may be sent by regis tered mail to the owner or operator of the junkyard. It shall be the duty of the owner or operator to reimburse the department, county, or municipality, as applicable. In the event the expenses are not paid in full within 30 days of the receipt of the itemized

WEDNESDAY, FEBRUARY 16, 1994

961

statement, a lien in favor of the department, county, or municipality, whichever is applicable, shall attach to the real property and personal property comprising such junkyard. The department, county, or municipality must file its claim of lien within three months from the time it attaches with the clerk of the superior court of the county in which the property is located, which claim shall be in substance as follows:
'The (State of Georgia, by the Department of Transportation/The County of __________________/The City of ____________) claims a lien in the amount of _________ on the _____________ (description of the prop erty) of __________________ (owner or operator of the junkyard) for satis faction of a claim which became due on _____________ (the date the claim was due) for the screening of said junkyard.' (2) The lien established in this subsection may be enforced in the manner pro vided in Code Sections 44-14-530 and 44-14-550."
Section 4. Said article is further amended by striking Code Section 32-6-243, relating to promulgation by department of regulations governing the screening and fencing of junkyards, in its entirety and inserting in lieu thereof a new Code Section 32-6-243 to read as follows:
"32-6-243. The department2 counties, and municipalities may promulgate uniform aet reasonable regulations governing the screening or fencing of junkyards, including the materials used in such screening or fencing and the location, construction, and mainte nance thereofj which regulations shall require that such screening or fencing be a mini mum height of six feet and constructed or composed of materials which block the visibility of such junkyard."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Pinholster of the 174th moved that further consideration of HB 180 be postponed until tomorrow immediately following the period of unanimous consents.
The motion prevailed.

HB 1177.

By Representatives Johnson of the 84th, Harris of the 112th, Streat of the 167th, Ray of the 128th, Coleman of the 80th and others:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment of public school system personnel, so as to provide for limitations upon decreases in certain local salary supplements.

The following Committee substitute was read and adopted:

A BILL
To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of public school system personnel, so as to provide for limitations upon decreases in certain local salary supple ments; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of public school system personnel, is amended by striking Code Section 20-2-212, relating to salary schedules, and inserting in its place the following:
"20-2-212. (a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional person nel required to be certificated by the Professional Standards Commission. The minimum

962

JOURNAL OF THE HOUSE,

salary schedule shall provide a minimum salary base for each classification of profes sional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The mini mum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be com parable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educa tor teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommendations. The House of Representatives and Senate Education and Appropria tions Committees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respec tive salary prescribed by the schedule of minimum salaries.
(b) Local units of administration may; however, supplement the salaries of such per sonnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount thereof of those supplements, may take into considera tion the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the partic ular employee whose salary is being supplemented. In any fiscal year jn which such per sonnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hear ing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit at least once in the week immediately preceding the week in which such hearing is to be held."
Section 2. Said subpart is further amended by adding at the end a new Code section to read as follows:
"20-2-220. In any fiscal year in which school bus drivers or full-term school food ser vice managers or food service employees receive any increase in state funds in their sala ries, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preced ing fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit at least once in the week immediately preceding the week in which such hearing is to be held."
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:

WEDNESDAY, FEBRUARY 16, 1994

963

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 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 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 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
YHart Y Heard
Y Hegstrom Y Hembree
Henson
Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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
Y Ladd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
Y Lord Y Lucas Y Maddox Y Mann Y Martin
Y McBee E McClinton
McKinney
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
Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts
Y Royal Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Skipper

Y Smith, C Y Smith, L Y Smith, P E 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
Streat Y Taylor Y Teague Y Teper Y Thomas 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 562. By Representatives Skipper of the 137th, Vaughan of the 34th, Royal of the 164th, Harris of the 112th and Stancil of the 91st:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by certain schools.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by certain schools; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, is amended by striking paragraph (39) which reads as follows:
"(39) Repealed;", and inserting in its place a new paragraph (39) to read as follows:
"(39) 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 event,

964

JOURNAL OF THE HOUSE,

provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students;".
Section 2. This Act shall become effective on July 1, 1994.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinsun YDix Y 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
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 Irvin
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 YMann Y Martin Y McBee E McClinton
McKinney 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, A
Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L
Y Smith, P E Smith, T Y Smith, V
Smith, W Y Smyre YSnow Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1439. By Representatives Holmes of the 53rd, Cauthorn of the 35th and Goodwin of the 79th:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Anno tated, relating to definitions regarding voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to change the definition of the term "eligible voluntary charitable organiza tion".

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, FEBRUARY 16, 1994

965

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
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 Y 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 Ehrhart
Y Epps 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 Hudson
Y Hughes
Y Hugley Y Irvin 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 Y Lucas Y Maddox YMann Y Martin Y McBee
E McClinton McKinney
Y Milam
Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller Y Oliver Y O'Neal
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, A Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L Y Smith, P E 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
Streat Y Taylor Y Teague Y Teper Y Thomas 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 passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1776 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

966

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 944. By Representative Randolph of the 72nd: A resolution commending Charles Antione Thornton on becoming an Eagle Scout.
HR 945. By Representatives Teague of the 58th, Brooks of the 54th, Ladd of the 59th and Sherrill of the 62nd: A resolution recognizing and commending the Reverend and Sister C. D. Gearing, Jr.
HR 946. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Kimberly Townsend.
HR 947. By Representatives Thomas of the 100th and Simpson of the 101st: A resolution paying tribute to Dr. Maurice K. Townsend.
HR 948. By Representatives Pelote of the 149th and Johnson of the 153rd: A resolution commending Gene Kittles.
HR 949. By Representatives Pelote of the 149th and Johnson of the 153rd: A resolution commending St. Matthew's Episcopal Church.
HR 950. By Representative Bannister of the 77th: A resolution commending the Lilburn Woman's Club and family violence assistance agencies.
HR 951. By Representatives O'Neal of the 75th, Bunn of the 74th and Pinholster of the 15th: A resolution commending Dax Langley.
HR 952. By Representative Channell of the lllth: A resolution commending Mr. W. G. "Geechie" Winslette, Jr., and the Putnam County Board of Commissioners.
HR 953. By Representatives Pinholster of the 15th, Harris of the 17th, Connell of the 115th, Johnson of the 153rd, Heard of the 89th and others: A resolution commending Mr. Bob Miller.
HR 954. By Representative Byrd of the 170th: A resolution commending the Exchange Club of Appling County, Georgia.

WEDNESDAY, FEBRUARY 16, 1994

967

HR 955. By Representatives Patten of the 176th and Floyd of the 138th:
A resolution recognizing the historical significance of this 102nd anniversary of the first official celebration of Arbor Day in Georgia.

HR 956. By Representative Johnson of the 153rd: A resolution commending Dr. William C. Harris, Jr.

HR 957. By Representative Birdsong of the 123rd: A resolution expressing regret at the passing of Mrs. Lois Gettys Duggan.

HR 958. By Representative Channell of the lllth: A resolution commending Mrs. Laura Sellers.

HR 959. By Representative Smith of the 175th:
A resolution commending William Jeffrey Kelley, Rosa Lee Kelley, and the members of Boy Scout Troop 500.

HR 960. By Representatives Sinkfield of the 57th, Smyre of the 136th, Holmes of the 53rd, Lucas of the 124th, Johnson of the 148th and others:
A resolution recognizing the historically Black colleges in the University Sys tem of Georgia and designating Historically Black Colleges Day in Georgia.

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

HB 879. By Representatives Dobbs of the 92nd, Benefield of the 96th and Patten of the 176th:
A bill to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide a reduced civil penalty for violations of maximum weight provisions for certain vehicles engaged in collecting and transporting munici pal solid waste or recovered materials; to provide definitions; to amend Code Section 40-6-203 of the Official Code of Georgia Annotated.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-6-203 of the Official Code of Georgia Annotated, relating to the prohibition against stopping, standing, or parking a vehicle in certain places, so as to provide for the stopping or standing on the road of any vehicle used solely for collecting municipal solid waste or recovered materials in certain circumstances; 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 40-6-203 of the Official Code of Georgia Annotated, relating to the prohibition against stopping, standing, or parking a vehicle in certain places, is amended by adding at the end thereof the following:

968

JOURNAL OF THE HOUSE,

"(c) Notwithstanding any other provision of law, any vehicle used solely for the pur pose of collecting municipal solid waste or recovered materials as defined in Code Sec tion 12-8-22 may stop or stand on the road, street, or highway for the sole purpose of collecting such waste or materials; provided, however, that such vehicle shall maintain flashing hazard lights at all times that it is engaged in stopping or standing for the pur pose of waste or materials collection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 796. By Representatives Lane of the 146th, Patten of the 176th, Dobbs of the 92nd, Polak of the 67th, Barfoot of the 155th and others:
A resolution encouraging the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Resources to uti lize market mechanisms to reduce air pollution; encouraging the Environmen tal Protection Division of the Department of Natural Resources and the Board of Natural Resources to develop and adopt regulations that institute an emission credit banking and trading program.

The following Committee substitute was read:

A RESOLUTION
Encouraging the Environmental Protection Division of the Department of Natural Resources and the Board of Natural Resources to utilize market mechanisms to reduce air pollution; encouraging the Environmental Protection Division of the Department of Natu ral Resources and the Board of Natural Resources to develop and adopt regulations that institute an emission credit banking and trading program; and for other purposes.
WHEREAS, a fundamental purpose of the Georgia Air Quality Act is to "attain and maintain ambient air quality standards so as to safeguard the public health, safety, and welfare consistent with providing maximum employment and full industrial development of the state"; and
WHEREAS, the 13 county Atlanta metropolitan area is a "serious" nonattainment area for ground level ozone; and
WHEREAS, Title I of the federal Clean Air Act has required the enactment of demanding pollution control measures applicable in the Atlanta metropolitan area which mandate the significant reduction of emissions and, if sufficient reductions are not achieved to meet the ground level ozone standards by 1999, this state may lose federal highway funds and suffer other federally imposed sanctions; and
WHEREAS, Title I of the federal Clean Air Act also requires that any significant increase in emissions at an existing or new business in the Atlanta metropolitan area be controlled by the most effective available air pollution control technology and be offset by reductions from other businesses in the nonattainment area of least 1.2 times the amount of emissions added by the expanded or new business; and
WHEREAS, in the federal Clean Air Act amendments of 1990, Congress enacted mar ket based emission reduction requirements and endorsed the growing trend in environmen tal regulation of utilizing market forces to implement pollution controls at the least possible cost; and

WEDNESDAY, FEBRUARY 16, 1994

969

WHEREAS, the federal Environmental Protection Agency is now encouraging states to develop and implement economic incentive programs that achieve air quality improve ments through measures such as emission credit banking and trading programs; and
WHEREAS, other states with nonattainment areas are instituting emission credit banking and trading programs; and
WHEREAS, emission credit banking and trading does not endorse the right to pol lute; and
WHEREAS, an emission credit banking and trading program provides emission offsets that can allow growth of new and existing businesses in the nonattainment area while achieving significant air quality improvements and, without such a system, businesses of all sizes may be discouraged from locating in this state; and
WHEREAS, an emission credit banking and trading program provides economic incentives for businesses to install air pollution control technology or employ other tech niques that will reduce existing sources of air emissions below prescribed limits; and
WHEREAS, the General Assembly, when enacting the Georgia Air Quality Act, has already recognized the value of emission reduction measures achieved through such market based devices as economic incentives, marketable permits, emission allowances and the auction of emission rights.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly favors, wherever possible, voluntary participation in market mechanisms and the use of economic inventives to reduce air emissions while enabling sustainable growth to continue in this state as follows:
(1) The General Assembly endorses efforts to develop and implement an emission credit banking and trading program for businesses in the ozone nonattainment area; and
(2) The General Assembly encourages the Environmental Protection Division of the Department of Natural Resources to continue its efforts to achieve the objectives outlined herein by developing an emission credit banking and trading program for consideration by the Board of Natural Resources for inclusion in the state implemen tation plan required to be submitted to the U.S. Environmental Protection Agency.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Environ mental Protection Division of the Department of Natural Resources and to the Board of Natural Resources.

The following amendment was read and adopted:

Representative Lawrence of the 64th moves to amend the Committee substitute to HR 796 as follows:
By adding after the word "is" on line 14 page 1 the following words:
"designated as".

The following amendment was read and adopted:

Representatives Lane of the 146th and Porter of the 143rd move to amend the Com mittee substitute to HR 796 by inserting immediately following line 27 of page 2 the fol lowing:
"WHEREAS, the General Assembly, in encouraging balanced economic development throughout the state, neither seeks nor encourages any emission credit banking and

970

JOURNAL OF THE HOUSE,

trading program which may act to discourage the location outside of the nonattainment area of any industry which might be better suited for location in a less developed area of the state; and".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe
Y Atkins Y Bailey Y Baker 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 Y Brown YBuck
Y Buckner Y Bunn Y Burkhalter
Byrd 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 Y Coleman, T

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

Y Howard Y Hudson
Y Hughes Y Hugley
Irvin 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 Y Lucas Y Maddox
YMann Martin
Y McBee E McClinton
McKinney 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 Y Poston Y Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper

Y Smith, C
Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W
Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
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 adoption of the Resolution, by substitute, as amended, the ayes were 150, nays
0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

HB 1486.

By Representative Lane of the 55th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Anno tated, relating to the use of safety belts in passenger vehicles, so as to pro vide that the term passenger vehicle includes pickup trucks or vehicles equipped for off-road use.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that minors in pickup trucks shall be required to use seatbelts; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 16, 1994

971

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of per sons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road usej provided that the term 'passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Howard
Y Hudson N Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson,E Y Johnson, G N Johnson, J
Y Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D
N Lane, R Y Lawrence Y Lawson NLee N Lewis
Lord N Lucas Y Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

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

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

On the passage of the Bill, by substitute, the ayes were 116, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

House of Representatives Atlanta, Georgia 30334

February 16, 1994

To:

Clerk, Robert Rivers, Esq.

Ga. House of Representatives

972

JOURNAL OF THE HOUSE,

Re:

HB 1486

Subject: Change of "Yes" vote to "No"

Dear Mr. Rivers:

I was called from the floor by a constituent with a problem. While attending to the constituent's problem, I missed a major portion of the discussion on H.B. 1486 and I was under the impression that this vote was on another bill. Needless to say, I rushed into the Chambers just as the bell stopped ringing and I voted "yes" in order not to miss the vote.

My vote would have been "no" if things hadn't been so hectic and I would appreciate your changing my vote to "no" on HB 1486.

Is/ J. Max Davis District 60

By unanimous consent, HB 1486 was ordered immediately transmitted to the Senate.

HB 763. By Representatives Buck of the 135th, Thomas of the 100th, Cummings of the 27th, Crews of the 78th, Smith of the 109th and others:
A bill to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and other benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to change the retirement and disability benefits under such system.

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
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown YBuck Y Buckner YBunn 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 Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Good win Y Greene
Groover Y Hammond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom
Y Hembree Y Henson
Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
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 Y Lucas Y Maddox YMann
Martin
Y McBee E McClinton
McKinney 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, A Y Purcell, B 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 Skipper

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

WEDNESDAY, FEBRUARY 16, 1994

973

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1207.

By Representatives Ladd of the 59th and Johnston of the 81st:
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 the con tents of required notices of changes in taxpayer returns; to change certain provisions regarding interest on certain taxpayer refunds; to provide for waiv ers and exemptions.

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, so as to pro vide for interim tax bills during the pendency of a tax appeal; to provide for notice and procedures; to change certain provisions regarding interest on certain taxpayer refunds; to provide for exemptions from interest; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, is amended by striking division (e)(6)(c)(iii) and inserting in its place a new division (e)(6)(c)(iii) to read as follows:
the county's 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 ase specify to the county tax commissioner the higher of the undisputed amount ef
compiling the teat digcat, and tax bffls wiH taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for an interim tax bill to be issued, based e auch value Such tax bill shall be accompanied by a notice to the taxpayer that the bill is an interim tax bill pending the outcome of the appeal process. Such notice shall also indi cate that upon resolution of the appeal, there may be additional taxes due or a refund issued.
(II) If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in his such taxpayer's 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 Sec tion 48-2-35 which shall accrue from the date November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00.
(III) 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 November 15 of the taxable year in question or the date the final installment of the taxes would have been de absent the appeal tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any tax payer shall be exempt each taxable year from any such interest owed under this sub division with respect to such taxpayer's homestead property."

974

JOURNAL OF THE HOUSE,

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 Ladd of the 59th moves to amend the Committee substitute to HB 1207 by striking "interim" and inserting in its place "temporary" on line 4 of page 1.
By striking "interim" and inserting in its place "temporary" on line 2 of page 2.
By striking "interim" and inserting in its place "temporary" on line 4 of page 2.

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 Bargenm Y 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
Connell YCox Y Crawford E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Y Dickinson YDix
Y Dixon, H Y Dixon, S Y Dobbs 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 Y Hanner Y Harris, B Y Harris, M
Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

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

Y Smith, C Y Smith, L Y Smith, P
E 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
Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Trense Turnquest
Y Twiggs Y Vaughan Y Walker YWall
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, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

WEDNESDAY, FEBRUARY 16, 1994

975

HE 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 Anno tated, relating to the minimum school year, so as to provide for a new sum mer school program for certain students who have been retained or failed academic courses and the requirements, conditions, and costs of such pro gram.

The following amendment was read and adopted:
The Committee on Education moves to amend HB 1130 by adding after the semicolon on line 5 of page 1 the following:
"to provide for effectiveness;". By adding "of each year" after "November 30" and before "in order" on line 2 of page 2. By adding after the period on line 17 of page 2 the following: "This subsection shall be effective only in those years when fully funded by the Gen eral Assembly."
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
Bates Y Benefield Y Birdscng Y Bordeaux
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
Y Cox
Y Crawford E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Dobbs 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 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 Irvin 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 Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox Y Mann
Martin
Y McBee E McClinton
McKinney 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, A Y Purcell, B
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 Skipper

On the passage of the Bill, as amended, the ayes were 163, nays 0.

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

976

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 650. By Representatives Sherrill of the 62nd and Davis of the 48th: A bill to amend Article 11 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to personal care home licensing and employee records checks, so as to change the provisions relating to definitions.
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 Y Brown
YBuck Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Y Carrell Carter
Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs 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 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 Irvin 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
Y Mann Martin
Y McBee E McClinton
McKinney Y Milam Y Mills

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

Y Smith, C Y Smith, L Y Smith, P
E 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 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 326. By Representative Reichert of the 126th:
A bill to amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, so as to provide for an optional procedure for the forfeiture of bonds on mis demeanor bad check violations as a final disposition.

The following Committee substitute was read:

A BILL
To amend Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to bad check prosecutions in magistrate courts, so as to provide for an

WEDNESDAY, FEBRUARY 16, 1994

977

optional procedure for the forfeiture of bonds on misdemeanor bad check violations as a final disposition; to provide for practices, procedures, and requirements connected there with; to provide that certain failures to appear at trial may constitute a plea of guilty; to provide for bench warrants; to provide for no contest cash bonds and schedules related 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. Article 10 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to bad check prosecutions in magistrate courts, is amended by adding at the end thereof a new Code Section 15-10-203 to read as follows:
"15-10-203. (a) The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to subsection (d) of Code Section 15-10-202. The schedule of no contest cash bond amounts shall be sufficient to cover court costs, minimum fines as set forth in Code Section 16-9-20, and restitution in the full amount of the dishonored check. At the time of posting a no contest cash bond, the receipt shall contain the following language: 'IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO APPEAR FOR TRIAL, THIS BOND WILL BE FORFEITED AND MAY CONSTITUTE A MISDEMEANOR GUILTY PLEA.'
(b) A person arrested or accused by warrant or citation pursuant to subsection (d) of Code Section 15-10-202 who does not wish to post a no contest cash bond may post a property bond or standard appearance bond to assure his or her future appearance in court.
(c) If a person who gives a no contest cash bond fails subsequently to appear for trial, such failure may constitute a guilty plea and the no contest cash bond may be for feited. It shall not be necessary for the state to take any further action to forfeit the no contest cash bond. Forfeiture of a no contest cash bond may be considered to consti tute imposition and payment of a fine and restitution and, if so considered, shall be a bar to a subsequent prosecution of the accused for the violation in accordance with Code Section 16-9-20.
(d) If the judge determines at the time of the nonappearance at trial of the defend ant in his or her sole discretion that substantial justice will not be accomplished by the forfeiture of the no contest cash bond amount and the disposition of the charges with prejudice, the forfeiture of the no contest cash bond shall not be considered a plea of guilty nor constitute a bar to a subsequent prosecution of the defendant for the viola tion, and any moneys forfeited under the no contest cash bond shall be held in the court's registry pending subsequent prosecution, and the defendant shall be served with a citation for a reasonable future appearance date, and, in default of the defendant's appearance, the court shall issue a bench warrant for the defendant's arrest.
(e) Upon a conviction under a subsequent prosecution, the proceeds of any no con test cash bond shall be applied and distributed toward restitution, fine, and court costs imposed by the court.
(f) If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section 17-6-17."
Section 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 Thomas of the 100th moves to amend the Committee substitute to HB 326 by striking on line 3 of page 2 the following:
"PLEA."',

978

JOURNAL OF THE HOUSE,

and inserting in its place the following:
"PLEA AND A WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS,' which shall be acknowledged by the person arrested."

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
Bates Y Benefield Y 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
Carter Y Cauthorn Y Cham bless Y Chandler Y Channell Y Childers
Y Clark Y Coker
Y Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs 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 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 Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Y Maddox YMann
Martin Y McBee E McClinton
McKinney 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
Y Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L Y Smith, P
E Smith, T Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas 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 substi tute, as amended.

HR 727. By Representative Evans of the 28th:
A resolution urging the commissioner of natural resources and the director of the Environmental Protection Division of the Georgia Department of Nat ural Resources to delay implementation of the centralized emission testing program 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 fol lows:

WEDNESDAY, FEBRUARY 16, 1994

979

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

Y Colwell
Connell NCox Y Crawford E Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H Y Dixon, S
Dobbs 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 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 Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones
Y Joyce Y Kaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas Y Maddox Y Mann
Martin N McBee E McClinton
McKinney 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 Y Polak
Y Porter Poston
Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y SherriU Y Shipp N Simpson Y Sinkfield
Y Skipper

Y Smith, C Y Smith, L Y Smith, P E 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 Y Teague Y Teper
Thomas 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 151, nays 7. The Resolution, having received the requisite constitutional majority, was adopted.

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

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 372 Do Pass, by Substitute HB 1557 Do Pass

HB 1674 Do Pass, as Amended HB 1702 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
Chairman

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

980

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 17, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe
Atkins Bailey Bannister Barfoot Bargeron
Barnes Benefield Birdsong Bostick
Breedlove Brooks, D Brooks, T Buck Buckner Bunn
Byrd Campbell
Canty Carrell Carter Cauthorn CChhaamndblleerss
Channell
Childers Clark Coker

Coleman, B
Colwell Connell Crawford Culbreth Cummings
Davis, G Davis, M Dickinson Dix
Dixon, H Dixon, S Ehrhart Evans Felton Floyd, J.M
Godbee Golden
Greene Groover Hammond Harris, B HHaarrrtis, M
Heard
Hegstrom Hembree Holland

Howard
Hudson Hughes Hugley Irvin James
Jenkins Johnson. D.H Johnson, E Johnson, G
Johnson, J Johnston Kaye Kinnamon Klein Ladd
Lakly Lane, D
Lawrence Lawson Lee Lewis LLourcdas
Maddox
Mann Martin McBee

Milam
Mills Mobley, B Mobley, J Moore Mosley
Mueller O'Neal Padgett Parham
Patten Pelote Pinholster Poag Purcell, A Purcell, B
Reaves Reichert
Roberts Royal Shanahan Sherrill SSihmipppson
Skipper
Smith, C Smith, L Smith, P

Smith, V Smith, W Smyre Snow Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Taylor Teague Teper Tillman Titus Towery Trense Turnquest Twiggs Vaughan Wall
W,W.,.,aae"tsstoms norel, and
Williams, B
Yates Yeargin Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Poston of the 3rd, Floyd of the 138th, Bordeaux of the 151st, Epps of the 131st, Burkhalter of the 41st, Jones of the 71st, Polak of the 67th, Goodwin of the 79th, Cox of the 160th, Perry of the llth, Streat of the 167th, Lane of the 146th, Parrish of the 144th, Henson of the 65th, Baker of the 70th, Bates of the 179th, Randolph of the 72nd, Orrock of the 56th and Jamieson of the 22nd.
They wish to be recorded as present.

Prayer was offered by the Reverend Tony Thompson, Jr., Pastor, Greater Shady Grove Baptist Church, Columbus, 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:

THURSDAY, FEBRUARY 17, 1994

981

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 1825. By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to allow health care providers to enter into coop erative agreements for the provision of health care which may have the effect of lessening competition; to provide a short title.
Referred to the Committee on Health & Ecology.

HB 1826. By Representative Crawford of the 129th:
A bill to amend an Act establishing a new charter for the City of Thomaston, so as to deannex certain property from the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1827. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1828. By Representative Turnquest of the 73rd:
A bill to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for a lien on ser vices performed; to provide for manner of perfecting liens.
Referred to the Committee on Judiciary.

HB 1829. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

982

JOURNAL OF THE HOUSE,

HB 1830. By Representatives Skipper of the 137th, Jamieson of the 22nd, Walker of the 141st and Cauthorn of the 35th:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy, so as to exempt individual retirement accounts from bankruptcy.
Referred to the Committee on Judiciary.
HB 1831. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provision relating to the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1832. By Representatives Bannister of the 77th, Coleman of the 80th and Johnston of the 81st:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the comprehensive regulation of dating services and clubs; to provide for a short title; to provide for definitions; to provide for licensure.
Referred to the Committee on Industry.
HB 1833. By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th, Ehrhart of the 36th, Towery of the 30th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1834. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the provisions thereof relating to the issuance of franchises by the city in its exercise of control over the use of streets, alleys, and public ways of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1835. By Representatives Smith of the 109th and Maddox of the 108th:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to original actions for visitation rights or intervention by grandparents, so as to allow grandparents to intervene when the child is adopted by anyone.
Referred to the Committee on Judiciary.

HB 1837. By Representatives Lakly of the 105th, Brooks of the 103rd, Trense of the 44th, O'Neal of the 75th and Westmoreland of the 104th:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs and quality basic education, so as to provide for a short title; to provide for legislative intent; to provide for certain definitions; to provide for the creation of alter native schools by the State Department of Education.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 17, 1994

983

HB 1838. By Representatives Towery of the 30th, Ehrhart of the 36th, Shipp of the 38th and Culbreth of the 132nd:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Anno tated, relating to the Department and Commissioner of Insurance, so as to revise provisions relative to the authority of the Commissioner of Insurance to examine insurers, rating organizations, and other persons and entities; to provide for financial condition examinations, market conduct examinations, and rating examinations.
Referred to the Committee on Insurance.

HB 1839. By Representative Poston of the 3rd:
A bill to repeal specifically Code Section 20-2-505.1 of the Official Code of Georgia Annotated, relating to boards of education transacting business with certain financial institutions.
Referred to the Committee on Education.

HB 1840. By Representative Poston of the 3rd:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Anno tated, relating to examination of driver's license applicants, so as to change certain testing requirements for users of bioptic lenses.
Referred to the Committee on Motor Vehicles.

HB 1841. By Representatives Lane of the 55th and Brooks of the 54th:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for City of East Point government purposes, includ ing ad valorem taxes levied to pay interest on and retire bonded indebted ness of the City of East Point government, for each resident of East Point who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such home stead does not exceed the maximum.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1842. By Representative Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for the transaction of insurance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state; to revise requirements for additional surplus of newly admitted insurers and to require the maintenance of such surplus.
Referred to the Committee on Insurance.

HB 1843. By Representative Connell of the 115th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions regarding the state sales and use tax, so as to change the definition of the term "retail sale" or "sale at retail" and provide a phased-in sales and use tax exemption with respect to certain sales of elec tricity for certain manufacturing processes.
Referred to the Committee on Ways & Means.

984

JOURNAL OF THE HOUSE,

HR 943. By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agree ments among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if the advantages to the public outweigh any disadvantages.
Referred to the Committee on Health & Ecology.

HR 961. By Representatives Perry of the llth, Pinholster of the 15th, Connell of the 115th, Walker of the 141st, Chandler of the 99th and others:
A resolution honoring Ralph "Country" Brown and designating the Ralph "Country" Brown Highway.
Referred to the Committee on Transportation.

HR 962. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, McBee of the 88th and others:
A resolution creating the Georgia State Museum and State Library Study Commission.
Referred to the Committee on Rules.

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

HB 1857. By Representatives Henson of the 65th, Baker of the 70th, Barnes of the 33rd, Cauthorn of the 35th and Holmes of the 53rd:
A bill to amend Code Section 21-2-153 of the Official Code of Georgia Anno tated, relating to qualification of candidates for party nomination in a pri mary, so as to change the time for posting a list of candidates who have qualified.
Referred to the Committee on Governmental Affairs.

HB 1858. By Representative Connell of the 115th:
A bill to amend an Act providing a charter for the City of Augusta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1859. By Representative Connell of the 115th:
A bill to amend an Act providing a charter for the City of Augusta, so as to provide for the corporate limits of the city; to reconstitute the city council.
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 1814 HB 1815

HB 1816 HB 1817

THURSDAY, FEBRUARY 17, 1994

985

HB 1819 HB 1820 HB 1821 HB 1822 HB 1823 HHBB 11882346
HR 938
HR 940
SB 377
SB 434
SB 444

SB 497 SB 498 SB 500 SB 511 cB c.^ ^SBB ^539
SB 549
SB 570
SB 583
SB 589
SR 385

Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1273 Do Pass HB 1710 Do Pass
Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1768 Do Pass, by Substitute
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 354 Do Pass, by Substitute HB 1290 Do Pass, as Amended HB 1450 Do Pass, by Substitute HB 1658 Do Pass

HB 1666 Do Pass HR 711 Do Pass, as Amended HR 808 Do Pass, as Amended SB 512 Do Pass

986

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Res olution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 676 Do Pass, by Substitute HB 1390 Do Pass, by Substitute HB 1672 Do Pass, by Substitute

HB 1728 Do Pass SB 439 Do Pass SR 107 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Bostick of the 165th District, Vice-Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1338 Do Pass HB 1588 Do Pass, by Substitute

HB 1595 Do Pass, by Substitute HB 1687 Do Pass

Respectfully submitted, /s/ Bostick of the 165th
Vice-Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1708 Do Pass, by Substitute HB 1772 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:

THURSDAY, FEBRUARY 17, 1994

987

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1403 Do Pass, as Amended HB 1810 Do Pass, as Amended HR 907 Do Pass SB 449 Do Pass SR 462 Do Pass

SR 463 Do Pass SR 467 Do Pass, as Amended SR 469 Do Pass SR 470 Do Pass, as Amended

Respectfully submitted, M Colwell of the 7th
Chairman

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

Mr. Speaker:

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

HB 1615 Do Pass HB 1741 Do Pass, by Substitute HB 1742 Do Pass, by Substitute HB 1743 Do Pass, by Substitute

HB 1799 Do Pass HB 1800 Do Pass HB 1804 Do Pass HB 1807 Do Pass

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

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 17, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enu merated below:

HB 800 HB 1255 HB 1267 HB 1268 HB 1429 HB 1471 HB 1489 HB 1550 HB 1693 HB 1723 HB 1727 HB 1793

Coin operated amusement machines; repeal cert provisions Motor vehicles; fleeing or eluding peace officer; signal Tax executions; demand for payment or security bond Tax executions; certain notice; delete requirement Elections Code; conform to Nat'1 Voter Reg Act DUI; habitual violator; probationary driver's license Joint county and municipal sales tax; distribution of proceeds Handicapped I.D. card; proof of disability for spec lie plate Appraisers; certain service as tax assessor; prohibit Regents Retirement Plan; employee contributions Securities; electronic filing system; penalties Retirement bills; cost reduction amendment; actuarial study

HR 709 Alcoholic beverages; regulation by state - CA

SB 415 Coastal Georgia International and Maritime Trade Center; provisions

988

JOURNAL OF THE HOUSE,

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

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

HB 1615.

By Representatives Bannister of the 77th, Wall of the 82nd, Breedlove of the 85th, Johnson of the 84th, Dix of the 76th and others:
A bill to amend an Act to continue and re-create the State Court of Gwinnett County, so as to change the compensation of the judges of the state court.

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

HB 1741.

By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to amend an Act establishing the City Court of Newnan, as amended, particularly by an Act changing its name to the State Court of Coweta County, so as to provide that the judge and solicitor of such court shall devote full time to their official duties.

The following Committee substitute was read and adopted:

A BILL
To amend an Act establishing the City Court of Newnan, approved October 5, 1887, as amended, particularly by an Act changing its name to the State Court of Coweta County, approved March 24, 1970 (Ga. L. 1970, p. 679), and an Act approved February 18, 1982 (Ga. L. 1982, p. 3508), so as to provide that the judge and solicitor of such court shall devote full time to their official duties; to change the salary for the judge and solici tor; to repeal provisions relating to a secretary for the solicitor; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the City Court of Newnan, approved October 5, 1887, as amended, particularly by an Act changing its name to the State Court of Coweta County, approved March 24, 1970 (Ga. L. 1970, p. 679), and an Act approved February 18, 1982 (Ga. L. 1982, p. 3508), is amended by striking in its entirety Section IV, and inserting in lieu thereof the following:
"Section IV. The judge of the State Court of Coweta County shall devote full time to the duties of the office of judge and shall not engage in the private practice of law. The judge shall receive a salary of not less than $45,000.00 annually to be paid monthly from the treasury of the county upon the order of the county governing authority. The judge shall receive no fees or perquisites."
Section 2. Said Act is further amended by striking in its entirety Section XI-A and inserting a new section to read as follows:
"Section XI-A. The solicitor of the State Court of Coweta County shall devote full time to the duties of the office of solicitor and shall not engage in the private practice of law. The solicitor shall receive a salary of not less than $45,000.00 annually to be paid

THURSDAY, FEBRUARY 17, 1994

989

monthly from the treasury of the county upon the order of the county governing author ity. The county shall also furnish office space and all necessary office supplies and equipment for the efficient operation of the office of solicitor."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1799.

By Representative Hughes of the 19th:
A bill to provide for an advisory referendum election to be held in Dawson County for the purpose of ascertaining whether the voters of such county prefer the county governing authority to be in the form of a sole commis sioner or a board of commissioners.

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

HB 1800.

By Representatives Harris of the 112th and Yeargin of the 90th:
A bill to amend an Act providing for a new charter for the City of Lincolnton, so as to provide that no person shall be elected as mayor or council member for more than three consecutive terms.

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

HB 1807.

By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd, Smith of the 102nd and others:
A bill to amend an Act providing for a new charter for the county-wide gov ernment of Columbus, so as to provide for the nonpartisan election of the mayor and council members.

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

HB 1742.

By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide for a homestead exemption from Coweta County ad valorem taxes for county purposes for certain residents of that county.

The following Committee substitute was read and adopted:

A BILL
To provide for a homestead exemption from Coweta County ad valorem taxes for county purposes for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum; 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. For purposes of this Act, the term:

990

JOURNAL OF THE HOUSE,

(1) "Ad valorem taxes for county purposes" means ad valorem taxes for county purposes levied by, for, or on behalf of Coweta County, except taxes to retire bonded indebtedness.
(2) "Gross income" means income from all sources and shall include without being limited to income received as retirement, survivor, or disability benefits under the fed eral Social Security Act or under any other public or private retirement, disability, or pension system.
(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
(4) "Totally and permanently disabled" means having a medically demonstrable condition which renders the person wholly and permanently unable to pursue any gainful employment.

Section 2. Each resident of Coweta County who is totally and permanently disabled or 65 years of age or older is granted an exemption on that person's homestead from Cow eta County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead, if that person's gross income, together with the income of the spouse and any family member of such person who resides within such homestead, does not exceed $25,000.00 for the immediately preceding taxable year.

Section 3. The tax commissioner of Coweta County or the designee thereof shall pro vide application forms for the exemption granted by this Act and shall require such infor
mation as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Coweta County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

Section 5. The exemption granted by this Act shall not apply to or affect any state taxes or taxes for educational purposes.

Section 6. The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Coweta County ad valorem taxes for county pur poses.

Section 7. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1, 1995.

Section 8. Unless prevented by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coweta County shall call and conduct an election for the purpose of submitting this Act to the electors of Coweta County for approval or rejection. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cow eta County. The election shall be held on the date of and in conjunction with the Novem ber general election in 1994. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for a homestead exemption from Coweta County ad valorem taxes for county purposes in the amount of $10,000.00 for qualified residents who are totally and permanently dis abled, 65 years of age or older, and whose gross household income does not exceed $25,000.00?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the
votes cast on such question are for approval of Sections 1 through 7 of this Act, then Sec tions 1 through 7 of this Act shall become of full force and effect immediately and shall

THURSDAY, FEBRUARY 17, 1994

991

be applicable to all taxable years beginning on or after January 1, 1995; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. In the event the election provided for in this section is not conducted, this Act shall stand repealed in its entirety on December 31, 1994.
The expense of such election shall be borne by Coweta County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 9. Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

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

HB 1743. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide a homestead exemption from certain Coweta County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county.

The following Committee substitute was read and adopted:

A BILL
To provide a homestead exemption from certain Coweta County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for res idents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. For purposes of this Act, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county
purposes levied by, for, or on behalf of Coweta County except for ad valorem taxes levied for bond payment purposes.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
Section 2. Each resident of Coweta County is granted an exemption on that person's homestead from all Coweta County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that homestead.
Section 3. The tax commissioner of Coweta County or the designee thereof shall pro vide application forms for the exemption granted by this Act and shall require such infor mation as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in Section 3 of this Act, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this

992

JOURNAL OF THE HOUSE,

Act to notify the tax commissioner of Coweta County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

Section 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Coweta County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Coweta County ad valorem taxes for county purposes.

Section 6. The exemption granted by this Act shall apply to all taxable years begin ning on or after January 1, 1995.

Section 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Coweta County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of Coweta County for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in November, 1994, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Coweta County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides a homestead exemption from certain Coweta County ad valorem taxes for county purposes in the
amount of $5,000.00 of the assessed value of the homestead for residents of that county?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1995. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Coweta County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

Section 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

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

HB 1804.

By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide a homestead exemption from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for edu cational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are totally disabled paralyzed homeowners.

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

THURSDAY, FEBRUARY 17, 1994

993

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

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
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 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
Coleman, T

Colwell
Y Connell YCox Y Crawford E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Y Epps Evans Pelton
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 Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam
Y Mills

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

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

On the passage of the Bills, the ayes were 148, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 524. By Senators Clay of the 37th, Thompson of the 33rd, Ragan of the 32nd and Isakson of the 21st:
A bill to amend an Act entitled "An Act to create a court to be known as the 'Civil and Criminal Court of Cobb County,'" as amended, so as to redesignate the solicitor and assistant solicitors of said court as solicitor general and assistant solicitors general.

SB 604. By Senator Henson of the 55th:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, as amended, so as to provide the court with authority to assess fines for traffic violations not to exceed the sum of $1,000.00.

994

JOURNAL OF THE HOUSE,

SB 634. By Senator Farrow of the 54th:
A bill to amend an Act providing a homestead exemption from certain City of Dalton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city so as to provide that such exemption shall be in addition to any other homestead exemption applicable to City of Dalton ad valorem taxes for city purposes.

SB 635. By Senator Farrow of the 54th:
A bill to amend an Act providing a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational pur poses in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district, so as to provide that such exemption shall be in addition to any other homestead exemption applicable to City of Dalton Independent School District ad valorem taxes for educational pur poses.

SB 636. By Senator Farrow of the 54th:
A bill to amend an Act creating the office of Commissioner of Murray County, as amended, so as to authorize the Board of Commissioners of Mur ray County to provide for family support centers; to validate and confirm certain prior actions.

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 supe rior 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.

HB 1719.

By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the board of commissioners of Decatur County, so as to provide for an additional member of the board of commis sioners to be elected at large by the qualified voters of the county.

HB 1721.

By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Decatur County, so as to provide for the nonpartisan election of the members of the board of education.

HB 1733.

By Representative Hudson of the 156th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Ben Hill County and for the election of members of the said board, so as to provide that primaries and elections for the members of the board shall be nonpartisan.

HB 1737.

By Representative Mosley of the 171st:
A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the name of the police court in accordance with O.C.G.A. Sec tion 36-32-1.

THURSDAY, FEBRUARY 17, 1994

995

HB 1650. By Representatives Shipp of the 38th, Atkins of the 29th, Hammond of the 32nd, Klein of the 39th, Vaughan of the 34th and others:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to adopt an official map of the corporate limits of the City of Acworth and to confirm the corporate boundaries of the City of Acworth.

SB 299. By Senators Gochenour of the 27th, Balfour of the 9th and Glanton of the 34th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the power of housing authorities gen erally, so as to provide a definition; to provide that housing authorities shall contract with qualified tenant management organizations for the operation and management of housing projects of the authorities.

SB 396. By Senators Scott of the 36th, Ray of the 19th and Clay of the 37th:
A bill to amend Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, so as to provide that students shall be provided with a moment for such meditation; to pro vide a statement of legislative intent.

SB 533. By Senators Isakson of the 21st and Scott of the 36th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to the regulation of fire and other hazards generally, so as to provide that certain rules and regulations of the Safety Fire Commissioner shall not have state-wide application as the state minimum fire safety stan dards without the adoption of the same by a county or municipality; to pro vide an effective date.

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

HB 641. By Representatives Coleman of the 142nd, Lord of the 121st and Bargeron of the 120th:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Anno tated, relating to registration of dealers and cemeteries, so as to provide that any nonperpetual care cemetery which is historical and is operated for non profit purposes shall be exempt from registration; to provide an exception.

HB 685. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Code Section 47-2-317 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System by offi cers and employees of the Georgia Agrirama Development Authority, so as to provide that such persons may purchase creditable service for service with such authority rendered prior to the date such persons became members of the retirement system.

996

JOURNAL OF THE HOUSE,

HB 1361.

By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.

HB 1369. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Code Section 48-7-101 of the Official Code of Georgia Anno tated, relating to income tax withholding, so as to authorize the state revenue commissioner to promulgate regulations for withholding tax with respect to proceeds of certain lottery prizes.

HB 1383. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th and Cummings of the 27th:
A bill to amend Code Section 47-3-41 of the Official Code of Georgia Anno tated, relating to the annuity savings fund of the Teachers Retirement Sys tem of Georgia, so as to provide that the board of trustees of such retirement system shall establish the percentage of the salaries of the members of such system which shall be paid to the system as employee contributions.

HB 1561.

By Representatives Dixon of the 150th, Bordeaux of the 151st, Buck of the 135th, Murphy of the 18th and Johnson of the 153rd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide an exemption with respect to the use of certain cargo containers and related chassis in intrastate or interstate commerce.

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

HB 1277. By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd, Hudson of the 156th, Cox of the 160th and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Anno tated, relating to punishment for criminal offenses involving theft, so as to change provisions relating to punishment of offenses involving the theft of growing or otherwise unharvested agricultural products.

HB 1455.

By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd, Parham of the 122nd, Reaves of the 178th and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll deductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.

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

THURSDAY, FEBRUARY 17, 1994

997

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Anno tated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.

HB 1281.

By Representative Randall of the 127th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.

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

SB 414. By Senators Robinson of the 16th, Ray of the 19th, Edge of the 28th, Walker of the 22nd and Hooks of the 14th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions relating to professions and businesses, so as to exempt certain persons from licensure, registration, and certification requirements who are in the state for a limited purpose relating to "The Games of the XXVIth Olympiad" and "The Games of the Xth Paralympiad" scheduled to be held in Georgia in 1996.

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

HB 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required payment into the registry of the court, a writ of posses sion shall be issued after the expiration of ten days.

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

HB 1357.

By Representatives Watson of the 139th, Buck of the 135th, Watts of the 26th and Lakly of the 105th:
A bill to amend Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities of innkeepers, so as to provide that it shall be unlawful for any operator of a hotel in Georgia to charge excessive room rates during the Olympic Period resulting in price gouging during the Olympic Games to be held in Georgia in the summer of 1996.

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

998

JOURNAL OF THE HOUSE,

SB 299. By Senators Gochenour of the 27th, Balfour of the 9th and Glanton of the 34th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the power of housing authorities gen erally, so as to provide a definition; to provide that housing authorities shall contract with qualified tenant management organizations for the operation and management of housing projects of the authorities.
Referred to the Committee on State Planning & Community Affairs.

SB 396. By Senators Scott of the 36th, Ray of the 19th and Clay of the 37th:
A bill to amend Code Section 20-2-1050 of the Official Code of Georgia Annotated, relating to moments of silence in public schools, so as to provide that students shall be provided with a moment for such meditation; to pro vide a statement of legislative intent.
Referred to the Committee on Education.

SB 524. By Senators Clay of the 37th, Thompson of the 33rd, Ragan of the 32nd and others:
A bill to amend an Act entitled "An Act to create a court to be known as the 'Civil and Criminal Court of Cobb County,'" as amended, so as to redesignate the solicitor and assistant solicitors of said court as solicitor general and assistant solicitors general.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 533. By Senators Isakson of the 21st and Scott of the 36th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to the regulation of fire and other hazards generally, so as to provide that certain rules and regulations of the Safety Fire Commissioner shall not have state-wide application as the state minimum fire safety stan dards without the adoption of the same by a county or municipality; to pro vide an effective date.
Referred to the Committee on Industry.

SB 604. By Senator Henson of the 55th:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, as amended, so as to provide the court with authority to assess fines for traffic violations not to exceed the sum of $1,000.00.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 634. By Senator Farrow of the 54th:
A bill to amend an Act providing a homestead exemption from certain City of Dalton ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that city so as to provide that such exemption shall be in addition to any other homestead exemption applicable to City of Dalton ad valorem taxes for city purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 17, 1994

999

SB 635. By Senator Farrow of the 54th:
A bill to amend an Act providing a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational pur poses in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that school district, so as to provide that such exemption shall be in addition to any other homestead exemption applicable to City of Dalton Independent School District ad valorem taxes for educational pur poses.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 636. By Senator Farrow of the 54th:
A bill to amend an Act creating the office of Commissioner of Murray County, as amended, so as to authorize the Board of Commissioners of Mur ray County to provide for family support centers; to validate and confirm certain prior actions.
Referred to the Committee on State Planning & Community Affairs - Local.

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

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

Representative Harris of the 112th moved that HB 180 be recommitted to the Com mittee on Industry.

Representative Pinholster of the 15th moved the previous question. 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 Y Bargeron N Barnes
Bates Y Benefield N Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown Y Buck
Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Canty

Y Carlisle N Carrell
Y Carter N Cauthorn
Chambless Y Chandler N Channell N Childers Y Clark N Coker Y Coleman, B Y Coleman, T N Colwell N Connell YCox
Crawford E Crews Y Culbreth
Cummings Y Davis, G Y Davis, M Y Dickinson NDix Y Dixon, H

N Dixon, S Y Dobbs N Ehrhart N Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover N Hammond N Hanner N Harris, B Y Harris, M YHart
N Heard Y Hegstrom
Y Hembree Y Henson N Holland
Y Holmes

Y Howard Y Hudson
N Hughes Y Hugley Y Irvin
N James Y Jamieson
N Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce NKaye N Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson

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

1000

JOURNAL OF THE HOUSE,

Y Pelote
Y Perry
Y Pinholster
NPoag N Polak Y Porter Y Poston N Powell Y Purcell, A Y Purcell, B Y Randall
Randolph

NRay Y Reaves Y Reichert
Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill N Shipp N Simpson
Sinkfield N Skipper

Y Smith, C Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W
Smyre YSnow N Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P

N Stephenson
Streat
Y Taylor Y Teague
Y Teper Y Thomas N Tillman Y Titus
Towery Y Trense Y Turnquest N Twiggs

Y Vaughan
Walker Y Wall N Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 116, nays 44. The motion prevailed.

Representative Lewis of the 14th moved that HB 180 be placed upon the table. 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 Y Barnes
Bates N Benefield
N Birdsong
N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown N Buck
N Buckner N Bunn N Burkhalter NByrd N Campbell
Canty Y Carlisle Y Carrell N Carter Y Cauthorn
Chambless Y Chandler Y Channell
Y Childers N Clark
N Coker N Coleman, B Y Coleman, T

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

Y Howard
N Hudson
Y Hughes N Hugley
N Irvin
Y James Y Jamieson Y Jenkins N Johnson, D.H N Johnson, E N Johnson, G N Johnson, J N Johnston N Jones N Joyce
N Kaye Y Kinnamon N Klein N Ladd N Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee Y Lewis
YLord Lucas
N Maddox NMann N Martin N McBee E McClinton N McKinney N Milam N Mills

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

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

On the motion, the ayes were 46, nays 117. The motion was lost.

The following amendment was read and adopted:

Representative Pinholster of the 15th moves to amend the Committee substitute to HB 180 by inserting between "junkyard." and "The" on line 13 of page 4 the following:
"Such owner or operator shall be entitled to request at such hearing a reasonable extension of the time period in which such junkyard shall be brought into compliance if such junkyard is of such size that 90 days is insufficient time in which such junkyard

THURSDAY, FEBRUARY 17, 1994

1001

can be brought into compliance. Any such extension of time shall be within the discre tion of the department, county, or municipality, as applicable. If such owner or operator fails to comply with such extension, the department, county, or municipality, as applica ble, may take such action to screen such junkyard and that owner or operator shall be liable for any expenses of such screening."

The following amendment was read and adopted:

Representative Pinholster of the 15th moves to amend the Committee substitute to HB 180 by striking from line 2 of page 4 the following:
"shall have the authority to",
and inserting in its place the following:
"may, but shall not be required to,".
By inserting between "article" and the period on line 5 of page 4 the following:
"i provided, however, that no action may be taken pursuant to this Code section unless such notice is given".

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to HB 180 as follows:
Add after the first "property" on line 21 page 5 the following:
", if owned by the operator of the junkyard,".

The following amendment was read:

Representatives Powell of the 23rd and Carrell of the 87th move to amend the Com mittee substitute to HB 180 as follows:
Add a new Section 5 to read as follows:
Nothing in this Act shall be construed to require the state, a county or a municipality to take any action or actions authorized by this Act with respect to a junkyard; nor shall this Act preempt or supercede any lawful local zoning ordinance or regulation relating to junkyards. This Act shall not apply to any junkyard lawfully in existence on the effective date of this Act.
Renumber Sections accordingly.

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
Barfoot N Bargeron Y Barnes
Bates N Benefield N Birdsong N Bordeaux

N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown N Buck N Buckner N Bunn N Burkhalter N Byrd N Campbell
Canty

N Carlisle Y Carrell N Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers N Clark N Coker N Coleman, B Y Coleman, T

Y Colwell Y Connell NCox Y Crawford E Crews Y Culbreth
Cummings N Davis, G N Davis, M N Dickinson YDix N Dixon, H

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

1002

JOURNAL OF THE HOUSE,

N Groover Y Hammond Y Manner Y Harris, B N Harris, M N Hart Y Heard N Hegstrom N Hembree Y Henson Y Holland N Holmes
Howard N Hudson Y Hughes N Hugley N Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H N Johnson, E N Johnson, G N Johnson, J

N Johnston N Jones Y Joyce NKaye Y Kinnamon N Klein NLadd
Y Lakly N Lane, D N Lane, R
N Lawrence
N Lawson NLee
Y Lewis YLord N Lucas
N Maddox
N Mann N Martin N McBee E McClinton
N McKinney
N Milam
N Mills

N Mobley, B N Mobley, J N Moore Y Mosley N Mueller
Oliver N O'Neal N Orrock Y Padgett Y Parham
Parrish Y Patten N Pelote N Perry N Pinholster Y Poag N Polak N Porter N Poston Y Powell N Purcell, A N Purcell, B N Randall
Randolph

YRay Y Reaves Y Reichert N Roberts N Royal Y Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield Y Skipper N Smith, C Y Smith, L N Smith, P E Smith, T N Smith, V N Smith, W N Smyre YSnow Y Stancil, F N Stancil, S N Stanley, L N Stanley, P

Y Stephenson Streat
N Taylor N Teague N Teper
Thomas Y Tillman N Titus
Towery N Trense Y Turnquest Y Twiggs N Vaughan N Walker N Wall Y Watson N Watts Y Westmorland
White N Williams, B N Williams, R N Yates Y Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 56, nays 104. The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

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

Y Howard Y Hudson N Hughes Y Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
N Joyce N Kaye
N Kinnamon
Y Klein
YLadd
N Lakly
Y Lane, D
Y Lane, R Y Lawrence Y Lawson Y Lee
N Lewis
NLord
Y Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney
Milam N Mills

Moblev, B Y Mobley, J Y Moore
Y Mosley Y Mueller
Oliver Y O'Neal Y Orrock N Padgett
N Parharn N Parrish N Patten Y Pelote Y Perry Y Pinholster N Poag Y Polak Y Porter Y Poston N Powell Y Purcell, A Y Purcell, B
Randall Randolph NRay
N Reaves N Reichert
Y Roberts Y Royal
N Scoggins
Y Shanahan Y Sherrill N Shipp
N Sinlpson Y Sinkfield N Skipper

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

THURSDAY, FEBRUARY 17, 1994

1003

On the passage of the Bill, by substitute, as amended, the ayes were 109, nays 52.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Lewis of the 14th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 180.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.

By unanimous consent, further consideration of HB 800 was postponed until Monday, February 21, 1994 immediately following the period of unanimous consents.

HB 1550. By Representative Birdsong of the 123rd:
A bill to amend Code Section 40-2-74 of the Official Code of Georgia Anno tated, relating to special license plates for disabled persons, so as to provide that presentation of a handicapped identification card shall constitute proof of disability or hearing impairment.

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 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
Cauthorn

Y Chamhless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell
Y Connell Y Cox
Y Crawford E Crews Y Culbreth
Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix
Dixon, H
Y Dixon, S 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
Groover Hammond Manner Y Harris, B Harris, M
Y Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Hughes Y Hugley
Y Irvin 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 Lawrence
Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin
McBee
E McClinton Y McKinney 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 Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill

1004

JOURNAL OF THE HOUSE,

Y Shipp Y Simpson Y Sinkfield 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, P

Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Y Titus

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 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1471.

By Representatives Streat of the 167th, Mobley of the 86th and Davis of the 48th:
A bill to amend Code Section 40-5-58 of the Official Code of Georgia Anno tated, relating to habitual violators and probationary drivers' licenses, so as to change the provisions relating to conditions under which a probationary driver's license may be issued.

The following amendment was read and ruled out of order:

Representative Mills of the 21st moves to amend HB 1471 by inserting on line 8 of page 1 after "license;" the following:
"to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that a person under the age of 21 shall not drive or be in actual physical control of any motor vehicle while the person's alcohol concentration is 0.02 grams or more; to provide for related mat ters;".
By adding after line 25 of page 1 the following:
"Section 1.5. Code Section 40-6-391 of the Official Code of Georgia Annotated, relat ing to driving under the influence of alcohol or drugs, is amended by striking subsection (k) in its entirety and inserting in lieu thereof a new subsection (k) to read as follows:
'(k) A person under the age of i8 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is (WM> 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual physical control ended. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section. No plea of nolo contendere shall be accepted for any person under the age of iS 2_1 charged with a violation of this Code section.'".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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

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

THURSDAY, FEBRUARY 17, 1994

1005

E Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y 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 Manner Y Harris, B Y Harris, M Y Hart
Y Heard
Y Hegstrom

Y Hemhree
Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Mann Y Martin Y McBee E McClinton Y McKinney 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
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y 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 Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre
Y Snow

Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas 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 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1267.

By Representatives McBee of the 88th, Heard of the 89th, Culbreth of the 132nd, Scoggins of the 24th, Skipper of the 137th and others:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Anno tated, relating to tax executions, so as to provide authority for tax collectors or tax commissioners to demand immediate payment of taxes or require a bond for security when there is reason to believe that the taxpayer intends to leave the state or remove his or her property from the taxing jurisdiction.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to provide authority for tax collectors or tax commissioners to demand immediate payment of taxes or require a bond for security when there is reason to believe that the taxpayer intends to leave the state or remove his or her property from the taxing jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by adding a new Code Section 48-3-3.1 to read as follows:
"48-3-3.1. If the tax collector or tax commissioner reasonably finds that a taxpayer gives evidence of intention to leave the state, to remove his or her property from the state, to conceal himself or herself or his or her property, to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffective proceedings to compute, assess, or collect any ad valorem tax, whereby it becomes advisable that such proceedings be brought without delay, the tax collector or tax commissioner shall give notice of such finding and demand immediate payment of such tax as may be due. The tax collector or tax commissioner may immediately make an assessment based on

1006

JOURNAL OF THE HOUSE,

the most recently accepted assessment or on a tax assessor's assisted assessment and may proceed under the assessment to collect the tax or require the taxpayer to file with him or her a bond satisfactory to the tax collector or tax commissioner as security for payment of the tax. Taxes assessed under this Code section for any tax year for which millage rates applicable to the property have not been established at the time of the assessment shall be based upon the millage rates in effect for the immediately preceding year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
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
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown YBuck Y Buckner N Bunn
Y Burkhalter NByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter N Cauthorn
Y Chambless N Chandler Y Channell Y Childers N Clark Y Coker Y Coleman, B Y Coleman, T

Colwell Y Connell
YCox N Crawford E Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson NDix
Dixon, H Y Dixon, S N Dobbs N Ehrhart
YEpps N Evans Y Felton
N Floyd, J.M Y Floyd, J.W Y Godbee N 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 N Hughes
Y Hugley Y Irvin
Y James Y Jamieson
Y Jenkins Y Johnson, D.H Y Johnson, E
Johnson,G Y Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein
YLadd N Lakly Y Lane, D N Lane, R Y Lawrence Y Lawson YLee
N Lewis NLord
Lucas N Maddox NMann Y Martin Y McBee E McClinton
McKinney Y Milam N Mills

Y Mobley, B Y Mobley, J Y Moore N Mosley
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, A
Y Purcell, B Randall
Y Randolph Ray Reaves Reichert
N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

N Smith, C
Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smith, W Y Smyre Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman N Titus Y Towery
Y Trense Y Turnquest
Twiggs
Y Vaughan Y Walker N 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 123, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1268. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Skipper of the 137th:
A bill to amend Code Section 48-3-3 of the Official Code of Georgia Anno tated, relating to executions of tax collectors and tax commissioners, so as to provide that notice to the taxpayer that taxes are due on personal property shall not be required.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 17, 1994

1007

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins Y Bailey Y Baker N Bannister
Barfoot Y Bargeron Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick N Breedlove
N Brooks, D N Brooks, T
Brown YBuck Y Buckner Y Bunn N Burkhalter N Byrd N Campbell
Canty Y Carlisle Y Carrell Y Carter N Cauthorn Y Chambless Y Chandler Y Channell Y Childers
N Clark N Coker N Coleman, B Y Coleman, T

Y Colwell Y Connell YCox N Crawford E Crews
Y Culbreth Y Cummings Y Davis, G
N Davis, M N Dickinson N Dix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart
YEpps N Evans
Y Felton N Floyd, J.M Y Floyd, J.W Y Godbee
Golden Y Goodwin Y Greene Y Groover N Hammond
Manner Harris, B Y Harris, M Hart Y Heard Y Hegstrom Y Hembree
Y Henson N Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Johnson, E Johnson, G N Johnson, J N Johnston
Y Jones N Joyce N Kaye Y Kinnamon N Klein YLadd N Lakly Y Lane, D
N Lane, R Y Lawrence Y Lawson YLee N Lewis N Lord Y Lucas N Maddox N Mann Y Martin Y McBee E McClinton
Y McKinney Y Milam N 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
Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall
Y Randolph Ray Reaves
Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Shipp N Simpson Y Sinkfield
Y Skipper

Y Smith, C N Smith, L Y Smith, P
N Smith, T Y Smith, V
N 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
Tillman Y Titus
N Towery N Trense Y Turnquest
Twiggs N Vaughan Y Walker N Wall Y Watson
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 112, nays 43. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

HB 1489. By Representatives Johnson of the 153rd, Culbreth of the 132nd, Royal of the 164th and Ladd of the 59th:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Anno tated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expira tion of such certificates and for their renegotiation and filing.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expiration of such certificates and for their rene gotiation and filing; to provide for renegotiation criteria; to provide for methods of conflict resolution; to provide for termination of the tax and distribution of proceeds; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

1008

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) It is the intent of the General Assembly that no initial agreement as to the dis tribution of the proceeds of the tax shall enrich any political subdivision beyond a sum which in the absence of the distribution would be raised through other sources of reve nue. The distribution shall be in accordance with a certificate which shall be executed in behalf of each respective governing authority, except as otherwise provided in this subsection, and which shall encompass all respective political subdivisions, shall be filed with the commissioner, and shall specify by percentage that portion of the remaining proceeds of the tax available for distribution which each such political subdivision shall receive. On or after July j^ 1995, the distribution of proceeds of the tax as specified jn the certificate shall be based upon, but not be limited to, the following criteria: the juris diction of each political subdivision, the service delivery responsibilities of each political subdivision, the populations served by each political subdivision with respect to such services, any intergovernmental agreements between and among the political subdivi sions with respect to the provision of such services, and the point of sale. Notwithstand ing the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the popula tions of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities located within the special district, the submitting political subdivisions shall, in behalf of the absent municipalities, specify a percentage of that portion of the remaining proceeds which each such municipality shall receive, which per centage shall not be less than that proportion which each absent municipality's popula tion bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district. For the purpose of determining the population of the absent municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. No certifi cate may contain a total of specified percentages in excess of 100 percent. The certificate shall be filed with the commissioner by March 1, 1980, for those special districts in which the tax authorized by this article is being levied on January 1, 1980. For all other special districts in which the tax shall be imposed subsequent to January 1, 1980, the certificate shall be filed with the commissioner within 60 days after the tax is imposed within the district. The commissioner shall continue to distribute the proceeds of the tax as otherwise provided in this Code section until the first day of the next calendar year following the month in which the commissioner receives a certificate as provided in this Code section, which certificate shall provide other percentages upon which the commis sioner shall make the distribution to the political subdivisions entitled to the proceeds of the tax. At such time, the commissioner shall thereafter distribute the proceeds of the tax in accordance with the directions of the certificate."
Section 2. Said Code section is further amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:
"(d) (1) Except as otherwise provided in paragraph (7) of this subsection, a certifi cate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decen nial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the require ments for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. It is the express intent of the General Assem bly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery responsibilities and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political

THURSDAY, FEBRUARY 17, 1994

1009

subdivisions in their renegotiation of such distributions shall at a minimum consider the following criteria: the jurisdiction of each political subdivision, the services pro vided by all political subdivisions receiving distribution of proceeds of the tax, the populations served by each political subdivision with respect to such services, any intergovernmental agreements between and among the political subdivisions with respect to the provision of such services, and the point of sale.
(2) The commissioner shall be notified in writing of the commencement of renego tiation proceedings by the county governing authority on behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall com mence renegotiations at the call of the county governing authority but no later than July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the call by that date, any eligible municipal ity may issue the call and so notify the commissioner.
(3) Following the commencement of such renegotiation, if the parties fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsec tion.
(4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified munici palities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state and the commissioner shall transfer the proceeds to the state's general fund.
(5) If the commissioner receives the renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the direc tions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, which ever is sooner.
(6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate.
(7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection.
(8) Political subdivisions shall be authorized, at their option, to renegotiate distri bution certificates on a more frequent basis than is otherwise required under this sub section."

1010

JOURNAL OF THE HOUSE,

Section 3. This Act shall become effective on July 1, 1994. Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Johnson of the 153rd, Royal of the 164th, Culbreth of the 132nd and Groover of the 125th was read:

A BILL
To amend Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expiration of such certificates and for their rene gotiation and filing; to provide for renegotiation criteria; to provide for methods of conflict resolution; to provide for termination of the tax and distribution of proceeds; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; 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. Code Section 48-8-89 of the Official Code of Georgia Annotated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows:
"(b) It is the intent of the General Assembly that no initial agreement as to the dis tribution of the proceeds of the tax shall enrich any political subdivision beyond a sum which in the absence of the distribution would be raised through other sources of reve nue. The distribution shall be in accordance with a certificate which shall be executed in behalf of each respective governing authority, except as otherwise provided in this subsection, and which shall encompass all respective political subdivisions, shall be filed with the commissioner, and shall specify by percentage that portion of the remaining proceeds of the tax available for distribution which each such political subdivision shall receive. On or after July 1^ 1995, the distribution of proceeds of the tax as specified in the certificate shall be based upon, but not be limited to, the following criteria:
(1) The service delivery responsibilities of each political subdivision to the popula tion served by the political jurisdiction and served during normal business hours, con ventions, trade shows, and athletic events;
(2) The service delivery responsibilities of each political subdivision to the resident population of the subdivision;
(3) The existing service delivery capacity of each political subdivision; (4) The effect of a change in sales tax distribution on the ability of each political subdivision to meet its obligations on outstanding general obligation bonds, certificates of participation, and short-term obligations; (5) The point of sale and use which generates the tax to be apportioned; (6) The existence of intergovernmental agreements among and between the politi cal subdivisions; and (7) The use by any political subdivision of property taxes from some taxpayers to subsidize the cost of services provided to other taxpayers of the levying subdivision. Notwithstanding the fact that a certificate shall not contain an execution in behalf of one or more qualified municipalities within the special district, if the combined total of the populations of all such absent municipalities is less than one-half of the aggregate population of all qualified municipalities located within the special district, the submit ting political subdivisions shall, in behalf of the absent municipalities, specify a percent age of that portion of the remaining proceeds which each such municipality shall receive, which percentage shall not be less than that proportion which each absent municipality's population bears to the total population of all qualified municipalities within the special district multiplied by that portion of the remaining proceeds which are received by all qualified municipalities within the special district. For the purpose of determining the

THURSDAY, FEBRUARY 17, 1994

1011

population of the absent municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. No certifi cate may contain a total of specified percentages in excess of 100 percent. The certificate shall be filed with the commissioner by March 1, 1980, for those special districts in which the tax authorized by this article is being levied on January 1, 1980. For all other special districts in which the tax shall be imposed subsequent to January 1, 1980, the certificate shall be filed with the commissioner within 60 days after the tax is imposed within the district. The commissioner shall continue to distribute the proceeds of the tax as otherwise provided in this Code section until the first day of the next calendar year following the month in which the commissioner receives a certificate as provided in this Code section, which certificate shall provide other percentages upon which the commis sioner shall make the distribution to the political subdivisions entitled to the proceeds of the tax. At such time, the commissioner shall thereafter distribute the proceeds of the tax in accordance with the directions of the certificate."
Section 2. Said Code section is further amended by adding a new subsection at the end thereof, to be designated subsection (d), to read as follows:
"(d) (1) Except as otherwise provided in paragraph (7) of this subsection, a certifi cate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decen nial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the require ments for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with popula tion. Although a renegotiated certificate is required within a time certain of the decen nial census, this requirement is not meant to convey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotia tion that eligible political subdivisions shall analyze local service delivery responsibili ties and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection
(b) of this Code section. (2) The commissioner shall be notified in writing of the commencement of renego
tiation proceedings by the county governing authority on behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall com mence renegotiations at the call of the county governing authority but no later than July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the call by that date, any eligible municipal ity may issue the call and so notify the commissioner.
(3) Following the commencement of such renegotiation, if the parties fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsec tion.
(4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified munici palities within the special district until the commissioner receives a certificate in

1012

JOURNAL OF THE HOUSE,

behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state and the commissioner shall transfer the proceeds to the state's general fund.
(5) If the commissioner receives the renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the direc tions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, which ever is sooner.
(6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate.
(7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection.
(8) Political subdivisions shall be authorized, at their option, to renegotiate distri bution certificates on a more frequent basis than is otherwise required under this sub section.
(9) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment."
Section 3. This Act shall become effective on July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Reichert of the 126th moves to amend the Floor substitute to HB 1489 as follows:
Page 2 line 14 add:
"and the inherant value to a community of a central business district and the obliga tion of all residents of the county for the maintenance and prosperity of the central business district."

The following amendment was read and adopted:

Representative Dixon of the 150th moves to amend the Floor substitute to HB 1489 as follows:
On line 22 on page 7: add a new paragraph (8)

THURSDAY, FEBRUARY 17, 1994

1013

(8) No qualified municipality within the special district, whose population is less than 5% of the population in the special district according to the 1990 census, shall receive less distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) unless the new agree ment is executed by the qualified municipality.
Renumber (8) to (9) and (9) to (10).

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 N Barfoot N Bargeron Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux N Bostick N Breedlove
N Brooks, D Y Brooks, T N Brown Y Buck Y Buckner Y Bunn N Burkhalter N Byrd N Campbell Y Canty N Carlisle Y Carrell Y Carter Y" Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B N Coleman, T

N Colwell Connell
YCox N Crawford E Crews Y Culbreth N Cummings
Davis, G Y Davis, M N Dickinson N Dix Y Dixon, H Y Dixon, S N Dobbs N Ehrhart N Epps N Evans
N Felton N Floyd, J.M Y Floyd, J.W N Godbee N Golden Y Goodwin N Greene Y Groover Y Hammond
Manner Y Harris, B Y Harris, M N Hart N Heard Y Hegstrom Y Hembree Y Henson N Holland N Holmes

N Howard Y Hudson N Hughes Y Hugley Y Irvin 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 Y Kaye Y Kinnamon
Y Klein Y Ladd Y Lakly Y Lane, D N Lane, R Y Lawrence N Lawson Y Lee N Lewis YLord N Lucas N Maddox Y Mann
Y Martin Y McBee E McClinton Y McKinney
Y Milam Y Mills

Y Mohley. B Y Mobley. J Y Moore N Mosley
Mueller Oliver N O'Neal Y Orrock
N Padgett Y Parham N Parrish Y Patten
Pelote Y Perry Y Pinholster N Poag Y Polak Y Porter
N Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray N Reaves N Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp N Simpson N Sinkfield Y Skipper

N Smith, C N 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 Y Stanley, P Y Stephenson Y Streat Y Taylor N Teague N Teper Y Thomas Y Tillman Y Titus Y Towery N Trense Y Turnquest N Twiggs
Y Vaughan Y Walker Y Wall
Y Watson Y Watts N Westmoreland
White Y Williams, B
Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 104, nays 64.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Dixon of the 150th stated that his "yes" vote was cast with grave res ervation and was primarily intended to preserve the potential right to serve on a Commit tee of Conference. Outcome was not affected.

Representative Johnson of the 153rd moved that HB 1489 be ordered immediately transmitted to the Senate.
On the motion, the roll call was ordered and the vote was as follows:

1014

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister N Barfoot N Bargeron
Y Barnes N Bates Y Benefield N Birdsong N Bordeaux Y Bostick N Breedlove
N Brooks, D N Brooks, T N Brown Y Buck Y Buckner
Y Bunn
N Burkhalter
N Byrd
N Campbell Y Canty N Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T

N Colwell
Connell YCox N Crawford E Crews Y Culbreth N Cummings Y Davis, G Y Davis, M Y Dickinson
N Dix Dixon, H
Y Dixon, S N Dobbs Y Ehrhart
N Epps N Evans N Felton N Floyd, J.M N Floyd, J.W
N Godbee N Golden Y Goodwin Y Greene N Groover Y Hammond
Y Manner Y Harris, B Y Harris, M N Hart N Heard Y Hegstrom Y Hembree Y Henson N Holland N Holmes

N Howard Y Hudson N Hughes Y Hugley Y Irvin
Y James N Jamieson Y Jenkins N 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 N Lawson
Lee N Lewis N Lord N Lucas N Maddox
YMann
N Martin N McBee
E McClinton
Y McKinney Y Milam Y Mills

On the motion, the ayes were 97, nays 70. The motion was lost.

Y Moblev, B Y Mobley, J Y Moore N Mosley Y Mueller
Oliver N O'Neal
Y Orrock
N Padgett Y Parham N Parrish
Patten Y Pelote
Y Perry
Y Pinholster NPoag N Polak Y Porter N Poston Y Powell N Purcell, A
Y Purcell, B Randall
Y Randolph Ray
N Reaves
N Reichert N Roberts Y Royal Y Scoggins Y Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skipper

Y Smith, C N Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
Y Smyre N Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor N Teague
N Teper Y Thomas
Y Tillman
Y Titus Y Towery N Trense Y Turnquest
N Twiggs Y Vaughan N Walker Y Wall Y Watson N Watts N Westmoreland
White Y Williams, B Y Williams, R N Yates
Yeargin Murphy, Spkr

Representative Dobbs of the 92nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1489.

The Speaker assumed the Chair.

The Speaker announced the House in recess until 1:45 o'clock this afternoon.

THURSDAY, FEBRUARY 17, 1994

1015

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 968. By Representatives Teague of the 58th, Brooks of the 54th, Jones of the 71st, Sherrill of the 62nd and McKinney of the 51st: A resolution recognizing the Christian Minister's Alliance, Inc.
HR 969. By Representatives Teague of the 58th, Brooks of the 54th, Jones of the 71st, Sherrill of the 62nd and McKinney of the 51st: A resolution commending the Multi-Housing Outreach Ministry and the management staff of Evans Mill Place apartment community.
HR 970. By Representative Pelote of the 149th: A resolution commending Maud Hall.
HR 971. By Representative Pelote of the 149th: A resolution in memory of Richard Benjamin Mills.
HR 972. By Representative Pelote of the 149th: A resolution commending Detective Aaron Quarterman.
HR 973. By Representative Pelote of the 149th: A resolution commending Reverend Donnie R. Woods, Sr.
HR 974. By Representatives Royal of the 164th, Carter of the 166th and Bostick of the 165th: A resolution commending the Colquitt County High School 50th Regiment Band.
HR 976. By Representative Dixon of the 168th: A resolution honoring Bishop Albert Hill.
HR 977. By Representative Dixon of the 168th: A resolution honoring Mrs. Alma Anderson.
HR 978. By Representative Dixon of the 168th: A resolution honoring Mrs. Ruth Strozier.
HR 979. By Representative Dixon of the 168th: A resolution honoring Mr. Nicholas "Nick" E. Fluker.

1016

JOURNAL OF THE HOUSE,

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1435 Do Pass, by Substitute SB 10 Do Pass, by Substitute SB 606 Do Pass
Respectfully submitted, /s/ Patten of the 176th
Chairman

Representative Randall of the 127th District, Chairman of the Committee on Special Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation:
SB 62 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1693.

By Representatives Harris of the 112th and Murphy of the 18th:
A bill to amend Code Section 48-5-292 of the Official Code of Georgia Anno tated, relating to ineligibility of county tax assessors to hold other offices, so as to prohibit certain appraisers from serving as members of the county board of tax assessors once such appraisers cease to serve as appraisers.

The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 1727.

By Representatives Chambless of the 163rd, Thomas of the 100th, Bostick of the 165th and Hammond of the 32nd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Securities Act of 1973," so as to change a definition; to provide that the state may participate in a new electronic filing system; to provide that supervisors may be held culpable for the criminal acts of their agents; to provide an exception.

THURSDAY, FEBRUARY 17, 1994

1017

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Geor gia Securities Act of 1973," so as to change a definition; to provide that the state may par ticipate in a new electronic filing system; 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 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," is amended by striking paragraph (22) of subsection (a) of Code Section 10-5-2, relating to definitions, in its entirety and inserting in its place the following:
"(22) 'Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organiza tion."
Section 2. Said chapter is further amended by striking subsection (g) of Code Sec tion 10-5-10, relating to Secretary of State designated as commissioner of securities, which reads as follows:
"(g) The commissioner may designate filing depositories for all records required to be filed and maintained under this chapter. Such records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photo graphic reproduction, word processing, computerization, or other acceptable reproductive methods. The commissioner is further authorized to participate, in whole or in part, in a Central Registration Depository (CRD) system, in cooperation with the National Asso ciation of Securities Dealers, Inc. (NASD), other states, and the United States, to the extent he deems participation to be in the public interest of this state.", in its entirety and inserting in its place the following:
"(g) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Protection Corporation, any selfreglatory organization, any national or international organization, securities officials or agencies, or any governmental law enforcement or regulatory agency. The cooperation authorized may include, but is not limited to, participation in a central depository for registration under this chapter and for documents or records required or allowed to be maintained under this chapter and the designation of any such system as an agent for registration or receipt."
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 Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates
Y Benefield

Birdscmg
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
Carlisle Carrell Y Carter Y Cauthorn
Y Chambless
Y Chandler

Y Channel!
Y Childers
Y Clark Y Coker Y Coleman, B
Coleman, T Colwell Connell
Y Cox
Crawford

E Crews
Y Culbreth
Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix
Dixon, H
Y Dixon, S
Dobbs

1018

JOURNAL OF THE HOUSE,

Y Ehrhart
Y Epps Evans Felton
Y Floyd, J.M Y Floyd, J.W
Y Godbee
Golden Goodwin Y Greene Y Groover Y Hammond
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 Irvin Y James Y Jamieson
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
Lane, D Y Lane, R Y Lawrence
Y Lawson
Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann

Martin Y McBee E McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock
Y Padgett Y Parham E Parrish
Patten Y Pelote
Y Perry
Y Pinholster
YPoag Y Polak
Y Porter
Y Poston
Y Powell

Y Purcell, A Y Purcell, B
Randall
Y Randolph Ray
Y Reaves Y Reichert
Y Roberts
Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Sinkfield Skipper
Y Smith, C Y Smith, L Y Smith, P
Smith, T
Y Smith, V
Y Smith, W
Y Smyre
Y Snow Y Stancil, K Y Stancil, S

Stanley, L Stanley, P Stepbenson Y Streat Y Taylor Teague N Teper
Y Thomas Y 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, by substitute, the ayes were 135, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1723.

By Representative Cummings of the 27th:
A bill to amend Code Section 47-21-4, relating to employee contributions under the Regents Retirement Plan, so as to provide that the board of trust ees of such plan shall establish the rate of employee contributions within cer tain limits.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Y Breedlove
Y Brooks, D
Brooks, T
Brown
YBuek
Buckner Y Bunn Y Burkhalter
Byrd
Y Campbell
Y Canty
Y Carlisle
Y Carrell
Y Carter
Y Cauthorn

Y Chambless
Y Chandler
Channell Y Childers Y Clark
Y Coker
Coleman, B Coleman, T Y Colwell
Connell
YCox Crawford
E Crews Y Culbreth Y Cummings Y Davis, G
Davis, M
Y Dickinson
Y Dix
Dixon, H
Y Dixon, S Dobbs
Y Ehrhart YEpps
Evans Felton Y Floyd, J.M Y Floyd, J.W

Y Godbee Golden Goodwin
Y Greene Y Groover Y Hammond Y Hanner
Harris, B Harris, M
Hart
Y Heard
Y Hegstrom
Y Hembree
Y Henson
Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y Irvin
Y James
Jamieson
Jenkins
Y Johnson, D.H
Y Johnson, E
Y Johnson, G
Y Johnson, J

Y Johnston
Y Jones
Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis
Lord
Y Lucas
Y Maddox
YMann
Martin
Y McBee
E McClinton
McKinney
Milam
Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley

Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett
Parham E Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter
Y Poston Y Powell
Y Purcell, A
Y Purcell, B Randall
Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Shanahan
Y Sherrill

THURSDAY, FEBRUARY 17, 1994

1019

Y Shipp
Y Simpson Sinkfield Skipper
Y Smith, C Smith, L Smith, P
Y Smith, T

Y Smith, V
Y Smith, W Y Smyre Y Snow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P

Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas
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 Bill, the ayes were 128, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Alien of the 2nd and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the construction and operation of the convention and trade center.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade cen ter in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the construction and operation of the convention and trade center; to provide for an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
50-7-50. For purposes of this Code section, the following definitions shall apply: (1) 'Department' means the Department of Industry, Trade, and Tourism. (2) 'Local government' means, individually or in combination, the City of
Savannah, Chatham County, or any development authority of either or both. (3) 'Project' means a comprehensive convention and trade center, suitable for mul
tipurpose use for housing trade shows; conventions; cultural, political, musical, educa tional, entertainment, athletic, or other events; for displaying exhibits of Georgia's counties, municipalities, industries, and attractions; and for promoting the maritime, transportation, coastal, agricultural, historical, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purpose, regardless of whether such facilities are contiguous, including, by way of illustration and not limitation, the following facilities: exhibit halls; auditoriums; theaters; restau rants and other facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly

1020

JOURNAL OF THE HOUSE,

or indirectly through concessionaires, licensees or lessees, or otherwise; parking facili ties and parking areas in connection therewith; meeting room facilities, including meeting rooms providing for simultaneous translation capabilities for several lan guages; related lands, buildings, structures, fixtures, equipment, and personalty appur tenant or convenient to the foregoing; and extension, addition, and improvement of such facilities. 50-7-51. (a) (1) The department is authorized to acquire, construct, operate, main tain, expand, and improve a project for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and gen eral welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes.
(2) The department may pay the costs of such project from any lawful fund source available for the purpose, including without limitation, where applicable, funds received by appropriation, proceeds of general obligation debt, funds of local govern ment, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise.
(3) The project shall be located in Chatham County, Georgia, and shall be known as the 'Georgia International and Maritime Trade Center,' except that any facility included within the project may be otherwise designated. (b) A local government and the department are both authorized to contract with one another whereby local government may exercise on behalf of the department such future responsibility in connection with the construction, operation, management, and mainte nance of the project as is now or may be vested in the department; and the department is authorized by such contract to delegate to the local government corresponding respon sibilities and powers with respect to the project and to transfer to the local government any and all contracts, plans, documents, or other papers of said department relating to the project, as compensation to the local government under such contract. To the extent provided by such contract with the department, local government on behalf of the department shall acquire, plan, construct, erect, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project. (c) Without limiting the generality of any provision of this article, the general pur pose of the local government is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the department and engaging in such other activities as it deems appropriate to promote trade shows, conventions, and political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to pro mote the use of the project and the use of the industrial, maritime, agricultural, educa tional, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state. (d) The department shall have the authority with the approval of the State Proper ties Commission to lease any improved or unimproved land or other property acquired by it under Code Section 50-7-51 to local government for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient. Any such lease may be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Office of Trea sury and Fiscal Services and in further consideration that such property be held, con structed, operated, maintained, expanded, or improved for the purposes for which the department was authorized to acquire such property. It is determined that such consid eration is good and valuable and sufficient consideration for such lease and in the inter est of the public welfare of the State of Georgia and its citizens."
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.

THURSDAY, FEBRUARY 17, 1994

1021

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
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
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
Crawford E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H Y Dixon,S
Dobbs Y Ehrhart YEpps
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
Hart Y Heard
Hegstrom
Y Hembree Y Henson Y Holland Y Holmes

Howard Y Hudson
Y Hughes Y Hugley Y Irvin
James Y Jamieson
Y Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly
Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas Y Maddox Y Mann
Martin
Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
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 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

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 709. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd, Benefield of the 96th and Ladd of the 59th:
A resolution proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amend ment to the United States Constitution.

The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the State of Geor gia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amendment to the United States Constitution; to pro vide that the State of Georgia may impose regulations concerning the times, places, cir cumstances, and conditions under which alcoholic beverages can be sold or used in this state; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article HI, Section VI, Paragraph II of the Constitution is amended by adding at its end a new subparagraph (a) (7) to read as follows:

1022

JOURNAL OF THE HOUSE,

"(7) The State of Georgia shall have regulatory authority over the delivery or use in this state of intoxicating liquors to the full extent that is permitted to the states under the Twenty-First Amendment to the United States Constitution. Without limiting the generality of the foregoing, it is specifically declared that the state shall have the author ity to impose regulations concerning the times, places, circumstances, and conditions under which intoxicating liquors can be sold or used in this state."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

YES ( ) NO

Shall the Constitution be amended so as to confirm that the State of Georgia has full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amendment to the United States Constitution?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read:

Representative Ladd of the 59th, et al. move to amend the Committee substitute to HR 709 by striking all matter beginning with the word "to" on line 5 of page 1 and ending with the period on line 10 of page 1 and inserting in lieu thereof the following:
"to provide that this regulatory power of the state may be exercised in certain cases by the adoption and enforcement of regulatory ordinances by the counties and munici palities of this state or may be exercised by general law; to provide for submission of this amendment for ratification or rejection; and for other purposes."
By striking from line 12 of page 1 the following:
", Paragraph II".
By striking all matter on lines 14 through 24 of page 1 and inserting in lieu thereof the following:
"Paragraph VII to read as follows:
'Paragraph VII. Regulation of alcoholic beverages. The State of Georgia shall have full and complete authority to regulate alcoholic beverages and to regulate, restrict, or prohibit activities involving alcoholic beverages. This regulatory authority of the state shall include all such regulatory authority as is permitted to the states under the Twenty-First Amendment to the United States Constitution. This regulatory authority of the state is specifically delegated to the counties and municipalities of the state for the purpose of regulating, restricting, or prohibiting the exhibition of nudity, partial nudity, or depictions of nudity in connection with the sale or consumption of alcoholic beverages; and such delegated regulatory authority may be exercised by the adoption and enforcement of regulatory ordinances by the counties and municipalities of this state. A general law exercising such regulatory authority shall control over conflicting provisions of any local ordinance but shall not preempt any local ordinance provisions not in direct conflict with general law.'"
By striking the ballot question on lines 6 through 12 of page 2 and inserting in lieu thereof the following:

THURSDAY, FEBRUARY 17, 1994

1023

"( ) YES ( ) NO

Shall the Constitution of the State of Georgia be amended so that alco holic beverages and activities involving nudity and alcoholic beverages, such as in nude dance clubs, may be regulated, restricted, or prohibited by counties and municipalities and so that the state shall have full and complete authority to regulate alcoholic beverages under the powers gtiroann?t"e'd by the Twenty-First Amendment to the United States Constitu

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
Bargeron Y Barnes
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 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 Crawford
E Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart N 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 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 Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly
Lane, D
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord N Lucas Y Maddox Y Mann
Martin Y McBee E McClinton N McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett Y Parham E Parrish Y Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Y Skipper

On the adoption of the amendment, the ayes were 155, nays 8. The amendment was adopted.

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
N Teague Y Teper Y Thomas 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 Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes

Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T

Y Brown YBuck Y Buckner 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
Crawford

1024

JOURNAL OF THE HOUSE,

E Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Dickinson YDix
Y 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
Groover
Y Hammond Y Manner Y Harris, B Y Harris, M
Hart
Y Heard Y Hegstrom

Y Hembree Henson
Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G
Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd
Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson

YLee Y Lewis N Lord N Lucas Y Maddox YMann
Martin Y McBee
E McClinton
N McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J
Y Moore
Y Mosley
Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett Y Parham E Parrish
Patten Y Pelote Y Perry
Y Pinholster
YPoag

Y Polak Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
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 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 Y Teague Y Teper Y Thomas 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, by substitute, as amended, the ayes were 156, nays 5.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

HB 1793.

By Representative Cummings of the 27th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standards Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 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
Crawford E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Din Y Dixon, H

Y Dixon, S
Y Dobbs
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 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 Irvin
Y James Jamieson
Y Jenkins
Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
Y Johnston
Jones Y Joyce
Y Kaye
Y Kinnamon
Y Klein YLadd
Lakly Lane, D Y Lane, R Y Lawrence Y Lawson

YLee Y Lewis YLord
Y Lucas Y Maddox
Y Mann
Martin Y McBee E McClinton Y McKinney
Y Milam
Y Mills
Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller
E Oliver Y O'Neal Y Orrock Y Padgett Y Parham
E Parrish Y Patten

THURSDAY, FEBRUARY 17, 1994

1025

Y Pelote Y Perry Y Pinholster Y Poag Y Polak
Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph

Y Ray Y Reaves
Reichert Y Roberts Y Royal
Y Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
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, P

Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas
Y Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs

Y Vaughan Y Walker
Wall Y Watson Y Watts
Y Westmoreland
White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House, having been previously read, was again taken up for consideration:

HB 1429.

By Representatives Holmes of the 53rd, Cauthorn of the 35th, Canty of the 52nd and Goodwin of the 79th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to the National Voter Registration Act of 1993.

The following amendment was again read:

Representative Irvin of the 45th moves to amend HB 1429 on page 27, line 28, change "may" to "shall".
On page 27, line 29, delete "but not be limited to" and insert "at least".

Representative Holmes of the 53rd moved that the House reconsider its action in adopting the Irvin amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe
N Atkins Y Bailey Y Baker
N Bannister
N Barfoot Bargeron
Y Barnes N Bates Y Benefield
Y Birdsong
Y Bordeaux Y Bostick
Breedlove N Brooks, U Y Brooks, T
Brown Y Buck Y Buckner N Bunn
N Burkhalter Y Byrd N Campbell Y Canty
Y Carlisle
Y Carrell Y Carter Y Cauthorn

Y Chambless
Y Chandler N Channel! Y Childers
N Clark
N Coker N Coleman, B Y Coleman, T Y Colwell
Connell
Y Cox
Crawford E Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson N Dix N Dixon, H
Y Dixon, S N Dobbs N Ehrhart Y Epps
N Evans
Felton Y Floyd, J.M Y Floyd, J.W

Y Godhee
Y Golden Y Goodwin Y Greene
Y Groover
Y Hammond Y Manner Y Harris, B N Harris, M Y Hart
N Heard
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley
N Irvin Y James
Jamieson Y Jenkins
Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J

N Johnston
Y Jones N Joyce N Kaye
Y Kinnamon
N Klein N Ladd N Lakly
Lane, D Y Lane, R
N Lawrence
Y Lawson Y Lee Y Lewis N Lord Y Lucas N Maddox N Mann Y Martin Y McBee
E McClinton Y McKinney
Milam N Mills
Y Mobley, B
N Mobley, J N Moore Y Mosley

N Mueller
E Oliver Y O'Neal Y Orrock
Y Padgett
Y Parham E Parrish Y Patten Y Pelote N Perry
N Pinholster
Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A N Purcell, B Y Randall Y Randolph
Y Ray Y Reaves Y Reichert Y Roberts
Y Royal
N Scoggins Y Shanahan Y Sherrill

1026

JOURNAL OF THE HOUSE,

N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L
N Smith, P Smith, T

N Smith, V N Smith, W Y Smyre
YSnow Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P

Stephenson Y Streat Y Taylor Y Teague N Teper
Y Thomas Y Tillman
N Titus

N Towery N Trense Y Turnquest Y Twiggs N Vaughan Y Walker N Wall Y Watson

Y Watts N Westmorland
White N Williams, B
N Williams, R N Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 101, nays 60. The motion prevailed.

On the re-adoption of the Irvin amendment, the roll call was ordered and the vote was follows:

Y Ashe
Y Atkins N Bailey N Baker Y Bannister
N Barfoot Bargeron
N Barnes Y Bates N Benefield N Birdsong N Bordeaux
N Bostick Breedlove
Y Brooks, D
N Brooks, T Brown
N Buck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
N Canty Y Carlisle Y Carrell N Carter N Cauthorn
N Chambless N Chandler Y Channell
N Childers Y Clark Y Coker Y Coleman, B N Coleman, T

N Colwell N Connell N Cox
Crawford E Crews N Culbreth N Cummings N Davis, G
Y Davis, M Y Dickinson N Dix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart
N Epps 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 N Hart N Heard N Hegstrom
Y Hembree N Henson N Holland N Holmes

N Howard N Hudson N Hughes N Hugley Y Irvin N James
Jamieson N Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly
Lane, D
N Lane, R Y Lawrence N Lawson N Lee Y Lewis
NLord N Lucas Y Maddox Y Mann N Martin
N McBee E McClinton N McKinney
Milam
Y Mills

N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock Y Padgett N Parham E Parrish N Patten N Pelote
Y Perry Y Pinholster
N Poag N Polak N Porter
N Poston N Powell
N Purcell, A Y Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal Y Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

N Smith, C N Smith, L Y 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, P
Stephenson N Streat N Taylor N Teague Y Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs
Y Vaughan N Walker Y Wall
N Watson N Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Yeargin Murphy, Spkr

On the re-adoption of the Irvin amendment, the ayes were 59, nays 105. The amendment was lost.

The following amendment was read:

Representatives Irvin of the 45th and Felton of the 43rd move to amend HB 1429 on page 16, line 9, change period to comma and thereafter insert the following:
and unless each such person, without exception, who appears at the polls shall there display written proof of his or her identity (such proof may be demonstrated by a driver's license, voter registration card, library card, social security card, credit card, birth certificate, medicare cards or such other form of reliable proof as may be desig nated by the Secretary of State). If any person whose name appears on the registra tion list but who appears at the polls without such written identification nevertheless desires to vote, he or she may vote a challenged ballot under such procedures as may be promulgated by the Secretary of State to facilitate verification of his or her identity.

THURSDAY, FEBRUARY 17, 1994

1027

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 Y Bannister
N Barfoot Bargernn
N Barnes Y Bates N Benefield N Birdsong Y Bordeaux
N Bostick Breedlove
Y Brooks, D N Brooks, T
Brown
N Buck 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 Channell N Childers Y Clark Y Coker Y Coleman, B N Coleman, T

N Colwell N Connell NCox
Crawford E Crews
N Culbreth N Cummings N Davis, G Y Davis, M Y Dtckinson
Dix Dixon, H
N Dixon, S N Dobbs Y Ehrhart
N Epps 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 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 Irvin
N James N Jamieson
N Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
Johnston N Jones
Y Joyce YKaye N Kinnamon Y Klein Y Ladd Y Lakly
Lane, D
N Lane, R Y Lawrence N Lawson N Lee N Lewis
Lord N Lucas Y Maddox
Y Mann N Martin N McBee E McClinton
N McKinney Milam
Y Mills

N Mobley, B
N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal
N Orrock N Padgett N Parham E Parrish N Patten
N Pelote N Perry Y Pinholster N Poag N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
N Randall N Randolph
NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 46, nays 115. The amendment was lost.

N Smith, C N Smith, L
Y Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre N Snow
N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper
N Thomas N Tillman
Y Titus Y Towery Y Trense N Turnquest
N Twiggs Y Vaughan N Walker Y Wall N Watson N Watts Y Westmorland
White Y Williams, B N Williams, R Y Yates
Yeargin Murphy, Spkr

The following amendment was read:

Representative Bunn of the 74th moves to amend HB 1429 as follows:
P. 56 after line 29 add:
All ballots cast by absentee ballot by mail or by appearing in person at the election board office in that person's county, such ballots shall be deposited in a locked and sealed ballot box to be opened at the prescribed time.

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 Bargeron
N Barnes

N Bates N Benefield N Birdsong N Bordeaux
N Bostick Breedlove
N Brooks, D
N Brooks, T

Brown
N Buck N Buckner
YBunn Y Burkhalter
NByrd Y Campbell
N Canty

N Carlisle N Carrell
N 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
Crawford

1028

JOURNAL OF THE HOUSE,

E Crews N Culbreth N Cummings N Davis, G
Davis, M N Dickinson
Dix
Dixon, H
N Dixon, S
N Dobbs
Ehrhart
N Epps 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 Y Harris, M N Hart N Heard N Hegstrom

Y Hembree
N Henson N Holland N Holmes N Howard N Hudson N Hughes
N Hugley Y Irvin N James N Jamieson
N Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye
N Kinnamon
Y Klein
YLadd Y Lakly
Lane, D N Lane, R
Y Lawrence N Lawson

NLee N Lewis
Lord N Lucas Y Maddox YMann N Martin N McBee E McClinton
N McKinney Milam
Y Mills N Mobley, B N Mobley, J Y Moore
N Mosley Y Mueller
E Oliver N O'Neal
N Orrock N Padgett N Parham
E Parrish N Patten N Pelote N Perry
Y Pinholster N Poag

N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves
N Reichert N Roberts N Royal N Scoggins
N Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, L N Smith, P N Smith, T
Y Smith, V
Smith, W
N Smyre N Snow

On the adoption of the amendment, the ayes were 39, nays 120. The amendment was lost.

N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat
N Taylor N Teague Y Teper N Thomas
N Tillman Y Titus
Towery N Trense
N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson N Watts
Y Westmoreland
White
Y Williams, B
Y Williams, R
Y Yates Yeargin
Murphy, Spkr

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
N Bannister Y Barfoot
Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T
Brown Y Buck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers N Clark Y Coker Y Coleman, B
Y Coleman, T

Y Colwell Y Connell YCox
Crawford
E Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M Y Dickinson
Dix
Y Dixon, H
Y Dixon, S
Y Dobbs N Ehrhart Y Epps N Evans N 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 N Irvin Y James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
Y Johnston Y Jones N Joyce NKaye
Y Kinnamon
Y Klein
YLadd N Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
Lord Y Lucas N Maddox
N Mann Y Martin Y McBee E McClinton Y McKinney
Milam N Mills

Y Moblev, B Y Mobley, J Y Moore Y Mosley N Mueller E Oliver Y O'Neal Y Orrock Y Padgett Y Parham E Parrish Y Patten Y Pelote
N Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston
Y Powell Y Purcell, A Y Purcell, B 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 Skipper

Y Smith, C
Y Smith, L Y Smith, P
Y Smith, T N Smith, V
Y Smith, W Y Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Y Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmoreland
White N Williams, B
Y Williams, R N Yates
Yeargin
Murphy, Spkr

THURSDAY, FEBRUARY 17, 1994

1029

On the passage of the Bill, as amended, the ayes were 143, nays 21.
The Bill, having received the requisite constitutional majority, was passed, as amended.

I voted No on HB 1429 because it is another unfunded federal mandate and it is a bill that could easily lead to voter fraud.
Is/ James Mills State Representative District 21

2/17/94
Pursuant to Rule 137, I submit the following explanation:
I voted "No" on HB 1429 because I believe this unfunded federal mandate will be expensive to implement and will only serve to increase voter fraud in our state.
/s/ Mitchell Kaye Representative, District 37

The following Resolution of the House was read:

HR 975. By Representatives Murphy of the 18th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Connell of the 115th

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 18, 1994, and reconvene on Monday, February 21, 1994.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 21 may be as ordered by the Senate; and the hour for convening the House on February 21 may be as ordered by the House.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Breedlove
Y Brooks, D Y Brooks, T
Brown YBuck
Y Buckner Y Bunn Y Burkhalter

YByrd Y Campbell Y Canty Y Carlisle 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
Crawford E Crews Y Culbreth

Y Cummings
Y Davis, G Y Davis, M Y Dickinson
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Eppi, 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 Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson,J

Y Johnston Y Jones Y Joyce YKaye
Y Kinnamon Y Klein YLadd Y Lakly
Lane, D
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee E McClinton

1030

JOURNAL OF THE HOUSE,

McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Mueller E Oliver Y O'Neal Orrock
Y Padgett Y Parham E Parrish
Patten

Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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
Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas 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
Yeargin Murphy, Spkr

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution was adopted.

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 875 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 18, 1994

1031

Representative Hall, Atlanta, Georgia Friday, February 18, 1994

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 Stanley Galloway, Pastor, Paradise Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1844. By Representatives Lane of the 55th and Holmes of the 53rd: A bill to amend an Act establishing a new charter for the City of East Point, so as to authorize the city to provide by ordinance for the creation of a medi ation system for appeals of city employees and officials.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1845. By Representatives Cox of the 160th and Greene of the 158th: A bill to provide a new charter for the City of Blakely.
Referred to the Committee on State Planning & Community Affairs - Local.

1032

JOURNAL OF THE HOUSE,

HB 1846. By Representative Channell of the lllth:
A bill to amend an Act creating a board of commissioners for Taliaferro County, so as to provide for a chairperson and five members of the board; to reapportion Taliaferro County into five districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1847. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," so as to provide for mixed-use commercial and industrial purposes zones and mixeduse residential and commercial purposes zones.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1848. By Representatives Bunn of the 74th, Hembree of the 98th, Mueller of the 152nd, Mills of the 21st, Kaye of the 37th and others:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Aid to Dependent Children Act," so as to change the provisions relating to applications for aid and the contents thereof.
Referred to the Committee on Children and Youth.

HB 1849. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to provide for a board of elections and registration for Lowndes County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1850. By Representative Crawford of the 129th:
A bill to amend Code Section 31-21-21 of the Official Code of Georgia Anno tated, relating to delivery of certain unclaimed bodies to the board created by Code Section 31-21-20 for the distribution and delivery of dead bodies, so as to provide for cremation at public expense of certain dead bodies; to amend Code Section 36-12-5 of the Official Code of Georgia Annotated, relating to interment of deceased indigents.
Referred to the Committee on Health & Ecology.

HB 1851. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition of the board of commissioners; to provide for elections and terms; to provide for a chairperson; to provide for districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1852. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Towery of the 30th, Klein of the 39th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 18, 1994

1033

HB 1853. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Towery of the 30th, Klein of the 39th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of judges of the second division of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1854. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Klein of the 39th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1855. By Representatives Coker of the 31st, Atkins of the 29th, Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior 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 compensation of the clerk and deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1856. 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 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 1860. By Representative Williams of the 114th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Anno tated, relating to hearing aid dealers and dispensers, so as to raise the contin uing education hours required from 12 to 18.
Referred to the Committee on Health & Ecology.

HB 1861. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to provide that no county, municipal corporation, consolidated government, or other political subdivi sion of this state may regulate honeybee production or maintenance.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1862. By Representatives Ehrhart of the 36th, Coker of the 31st, Atkins of the 29th, Vaughan of the 34th, Cauthorn of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator and the investigators and the chief assistant district attorney and the assistant dis trict attorneys.
Referred to the Committee on State Planning & Community Affairs - Local.

1034

JOURNAL OF THE HOUSE,

HB 1863. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Shipp of the 38th, Ehrhart of the 36th 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 the provisions relating to dismissal of employees and scheduling of hearings.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1864. By Representative Smith of the 109th:
A bill to amend Article 4 of Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to court cost overpayments, so as to provide that no court of record in this state shall charge a fee for copies or certified copies of court documents requested by a district attorney, solicitor, or prosecuting attorney of this state.
Referred to the Committee on Judiciary.

HB 1865. By Representatives Smith of the 169th, Streat of the 167th, Hudson of the 156th, Mosley of the 171st, Randall of the 127th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding the hunt ing of wildlife, so as to provide for conditions under which owners of bee hives may kill bears.
Referred to the Committee on Game, Fish & Parks.

HB 1866. By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th, Ray of the 128th and others:
A bill to amend Code Section 2-8-27 of the Official Code of Georgia Anno tated, relating to assessments to defray expenses of agricultural commodities promotion, so as to provide that assessments collected shall be used for pro motion, research, education, and administrative purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1867. By Representatives Connell of the 115th, Hart of the 116th, Howard of the 118th and Padgett of the 119th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to provide for a change in the date the budget must be pre sented to the board of education for study and consideration to allow receipt of state appropriations; to change the current requirements that each expenditure be budgeted by each object and activity.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 963. By Representatives Chandler of the 99th and Mosley of the 171st:
A resolution urging the Board of Regents of the University System of Geor gia to reexamine admission requirements for graduate programs in education.
Referred to the Committee on University System of Georgia.

FRIDAY, FEBRUARY 18, 1994

1035

HR 964. By Representatives Chandler of the 99th and Mosley of the 171st:
A resolution proposing an amendment to the Constitution so as to provide that when the assessment of real property for ad valorem tax purposes has been the subject of an appeal and an assessed value has been established for such real property through such process, for the next three taxable years, the assessed value of such real property shall not be increased by a percentage greater than any change in the Consumer Price Index for all urban consum ers on the 1982-84 equals 100 reference base.
Referred to the Committee on Ways & Means.

HR 965. By Representatives Chandler of the 99th and Mosley of the 171st:
A resolution urging the personnel or employees of banks, savings and loans, or other financial institutions; public benefit agencies; and public utilities to notify the appropriate protective services unit or law enforcement agency if such personnel or employees have reasonable cause to believe that a disabled adult has had a physical injury inflicted upon him or her, other than by acci dental means, by a caretaker or has been neglected or exploited by a care taker.
Referred to the Committee on Banks & Banking.

HR 966. By Representatives Hegstrom of the 66th, Byrd of the 170th, Dobbs of the 92nd and Dixon of the 150th:
A resolution authorizing the conveyance of two acres of certain state owned real property located in Lumpkin County.
Referred to the Committee on State Institutions & Property.

HR 967. By Representative Birdsong of the 123rd: A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.
Referred to the Committee on Transportation.

By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:

HB 1878. By Representatives Teper of the 61st, Watson of the 139th and Skipper of the 137th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to provide an exception to the provisions of such chapter.
Referred to the Committee on Industry.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1825 HB 1826 HB 1827 HB 1828 HB 1829 HB 1830

HB 1831 HB 1832 HB 1833 HB 1834 HB 1835 HB 1837

1036

JOURNAL OF THE HOUSE,

HB 1838 HB 1839 HB 1840 HB 1841 HB 1842 HB 1843 HB 1857 HB 1858 HB 1859 HR 943

HR 961 HR 962 SB 299 SB 396 SB 524 SB 533 SB 604 SB 634 SB 635 SB 636

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1648 Do Pass, by Substitute HB 1649 Do Pass, by Substitute HB 1801 Do Pass HB 1802 Do Pass HB 1803 Do Pass HB 1808 Do Pass HB 1809 Do Pass HB 1815 Do Pass

HB 1816 Do Pass SB 542 Do Pass SB 587 Do Pass SB 620 Do Pass SB 621 Do Pass SB 622 Do Pass SB 623 Do Pass

Respectfully submitted, Is/ Lane of the 55th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1767 Do Pass HB 1783 Do Pass, by Substitute HR 925 Do Pass

HR 940 Do Pass SR 453 Do Pass

Respectfully submitted, /&/ Benefield of the 96th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:

FRIDAY, FEBRUARY 18, 1994

1037

HB 1103 Do Pass

Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 596 Do Pass, by Substitute HB 1222 Do Pass, by Substitute HB 1436 Do Pass, by Substitute

HB 1504 Do Pass, by Substitute HB 1764 Do Pass SB 472 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 FRIDAY, FEBRUARY 18, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enu merated below:

HB 372 HB 1395 HB 1398 HB 1478 HB 1536 HB 1619 HB 1704 HB 1715 HB 1754 HB 1760

School bus drivers; drug and alcohol testing Superior court judges; compensation Supreme Court Justices & Appeals Court Judges; compensation General Assembly; compensation and allowances; amend provisions Water and wastewater treatment plants; laboratory tests Underground storage tanks; inspections; corrective action Special county 1% sales tax; solid waste facilities Superior Court of Early County; change terms Probate courts; certain counties; eligibility of judges Ad val tax; conservation use prop; limited-duration covenants

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Groover 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 1801.

By Representative Hughes of the 19th:
A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.

1038

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1802. By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1803.

By Representative Bargeron of the 120th:
A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, so as to change the descriptions of the education districts of the board and provide for defini tions and inclusions of parts of education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1808. By Representatives Bates of the 179th and Titus of the 180th:
A bill to amend an Act creating a new board of education of Grady County, so as to provide for new districts for members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1809.

By Representatives Bates of the 179th and Titus of the 180th:
A bill to amend an Act creating a board of commissioners of the County of Grady, so as to provide for new districts for members of the board of com missioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1815.

By Representatives Smith of the 109th, Carlisle of the 107th and Maddox of the 108th:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the compensation of the members of the author ity.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1816.

By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish an airport authority in and for the County of Taylor and to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and conve nient facilities appertaining to such undertaking.

FRIDAY, FEBRUARY 18, 1994

1039

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 542. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill creating the State Court of Glynn County, as amended, so as to change the compensation of the judge of said court; to provide for applicability.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 587. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide for the Glynn County Board of Elections and Registration and provide that it will succeed to the powers and duties of another board of elections; to provide for appointment, election, and qualifications of its members; to provide for its initial and subsequent membership; to provide for terms, resignations, removal, and vacancies.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 620. By Senator Langford of the 29th:
A bill to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the amount of compensation of the sheriff; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 621. By Senator Langford of the 29th:
A bill to amend an Act placing the judge of the Probate Court of Heard County on an annual salary in lieu of a fee system of compensation, as amended, so as to change the compensation of the judge of the Probate Court of Heard County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 622. By Senator Langford of the 29th:
A bill to amend an Act consolidating the offices and duties of tax receiver and tax collector of Heard County into the single office of tax commissioner of Heard County, as amended, so as to change the compensation of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 623. By Senator Langford of the 29th:
A bill to amend an Act placing the clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the clerk of the superior court.

1040

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1648. By Representative Parham of the 122nd:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.

The following Committee substitute was read and adopted:

A BILL
To provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county and school district after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. For purposes of this part, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county
purposes levied by, for, or on behalf of Putnam County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valo rem taxes for educational purposes.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
Section 2. Each resident of Putnam County is granted an exemption on that person's homestead from all Putnam County ad valorem taxes for county purposes the following amounts:
(1) For the taxable year beginning on January 1, 1995, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1, 1996, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1, 1997, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 1998, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
Section 3. The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Putnam County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

FRIDAY, FEBRUARY 18, 1994

1041

Section 5. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
Section 6. The exemptions granted by this part shall be in lieu of and not in addi tion to any other homestead exemption from Putnam County ad valorem taxes for county purposes.
Section 7. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1995.
Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as pro vided in this section for the purpose of submitting this part to the electors of Putnam County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintend ent 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 Putnam County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Part 1 of an Act be approved which provides for a homestead exemption of Putnam County ad valorem taxes for county purposes in
( ) NO the amount of $10,000.00 for qualified residents after a phase in period?"
All persons desiring to vote for approval of this part shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1995. If Sections 1 through 7 of this part are not so approved or if the election is not conducted as provided in this section, Section 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Putnam County. It shall be the elec tion superintendent's duty to certify the result thereof to the Secretary of State.
Part 2
Section 9. For purposes of this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for
educational purposes levied by, for, or on behalf of the Putnam County school district including, but not limited to, taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
Section 10. Each resident of the Putnam County school district is granted an exemp tion on that person's homestead from all Putnam County school district ad valorem taxes for educational purposes in the following amounts:
(1) For the taxable year beginning on January 1, 1995, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1, 1996, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1, 1997, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 1998, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
Section 11. The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such

1042

JOURNAL OF THE HOUSE,

information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

Section 12. The exemption shall be claimed and returned as provided in Code Sec tion 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commis sioner of Putnam County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

Section 13. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.

Section 14. The exemptions granted by this part shall be in lieu of and not in addi tion to any other homestead exemption from Putnam County school district ad valorem taxes for educational purposes.

Section 15. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1995.

Section 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as pro vided in this section for the purpose of submitting this part to the electors of the Putnam County school district for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall Part 2 of an Act be approved which provides for a homestead exemption of Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 for qualified residents after a phase in period?"

All persons desiring to vote for approval of this part shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1995. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Section 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Putnam County. It shall be the elec tion superintendent's duty to certify the result thereof to the Secretary of State.

Part 3

Section 17. Except as otherwise provided in Part 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 18. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

HB 1649.

By Representative Parham of the 122nd:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.

FRIDAY, FEBRUARY 18, 1994

1043

The following Committee substitute was read and adopted:

A BILL
To provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county and school district after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1. For purposes of this part, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county
purposes levied by, for, or on behalf of Baldwin County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valo rem taxes for educational purposes.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
Section 2. Each resident of Baldwin County is granted an exemption on that person's homestead from all Baldwin County ad valorem taxes for county purposes the fol lowing amounts:
(1) For the taxable year beginning on January 1, 1995, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1, 1996, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1, 1997, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 1998, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
Section 3. The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
Section 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
Section 5. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
Section 6. The exemptions granted by this part shall be in lieu of and not in addi tion to any other homestead exemption from Baldwin County ad valorem taxes for county purposes.
Section 7. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1995.

1044

JOURNAL OF THE HOUSE,

Section 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as pro vided in this section for the purpose of submitting this part to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintend ent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:
"( ) YES Shall Part 1 of an Act be approved which provides for a homestead exemption of Baldwin County ad valorem taxes for county purposes in
( ) NO the amount of $10,000.00 for qualified residents after a phase in period?"
All persons desiring to vote for approval of this part shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1995. If Sections 1 through 7 of this part are not so approved or if the election is not conducted as provided in this section, Section 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Baldwin County. It shall be the elec tion superintendent's duty to certify the result thereof to the Secretary of State.
Part 2
Section 9. For purposes of this Act, the term: (1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for
educational purposes levied by, for, or on behalf of the Baldwin County school district including, but not limited to, taxes to retire school bond indebtedness.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
Section 10. Each resident of the Baldwin County school district is granted an exemption on that person's homestead from all Baldwin County school district ad valorem taxes for educational purposes in the following amounts:
(1) For the taxable year beginning on January 1, 1995, $4,000.00 of the assessed value of that homestead;
(2) For the taxable year beginning on January 1, 1996, $6,000.00 of the assessed value of that homestead;
(3) For the taxable year beginning on January 1, 1997, $8,000.00 of the assessed value of that homestead; and
(4) For all taxable years beginning on or after January 1, 1998, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
Section 11. The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
Section 12. The exemption shall be claimed and returned as provided in Code Sec tion 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commis sioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

FRIDAY, FEBRUARY 18, 1994

1045

Section 13. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.

Section 14. The exemptions granted by this part shall be in lieu of and not in addi tion to any other homestead exemption from Baldwin County school district ad valorem taxes for educational purposes.

Section 15. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1995.

Section 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as pro vided in this section for the purpose of submitting this part to the electors of the Baldwin County school district for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Bald win County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall Part 2 of an Act be approved which provides for a homestead exemption of Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 for qualified residents after a phase in period?"

All persons desiring to vote for approval of this part shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1995. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Section 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date.
The expense of such election shall be borne by Baldwin County. It shall be the elec tion superintendent's duty to certify the result thereof to the Secretary of State.

Part3

Section 17. Except as otherwise provided in Part 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 18. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron
Barnes
Y Bates
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
Carlisle Y Carrell Y Carter Y Cauthorn
Chambless
Y Chandler

Y Channel! Y Childers Y Clark Y Coker Y Coleman, B
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
Dobbs

1046

JOURNAL OF THE HOUSE,

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
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 Irvin
James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G
Johnson, J Y Johnston
Jones Y Joyce Y Kaye
Kinnamon Y Klein Y Ladd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson
Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann

Y Martin
Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett Y Parham
E Parrish Y Patten Y Pelote
Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell

Y Purcell. A
Y Purcell, B Randall
Y Randolph Y Ray Y Reaves
Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan
Sherrill Y Shipp
Simpson Sinkfield 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, P Stephenson
Y Streat Y Taylor
Teague Y Teper
Thomas Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker
Wall Y Watson Y Watts Y Westmoreland
White Williams, B Y Williams, R Y Yates Y Yeargin Murphy, Spkr

On the passage of the Bills, the ayes were 140, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 628. By Senators Day of the 48th, Balfour of the 9th, Tysinger of the 41st, Burton of the 5th and Newbill of the 56th:
A bill to amend an Act providing a $7,000.00 homestead exemption from Gwinnett County ad valorem taxes so as to increase such exemption to $10,000.00 over a three-year period; to provide for exemption eligibility; to provide for a special election to approve or reject the increase; to provide for effective dates and automatic repeal.

HB 1748.

By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds and pro vide certain limitations with regard thereto.

HB 1752. By Representative Yeargin of the 90th:
A bill to amend an Act creating a Board of Commissioners of Oglethorpe County; to provide for monthly meetings.

SB 507. By Senators Marable of the 52nd, Ray of the 19th, Perdue of the 18th, Henson of the 55th and Hemmer of the 49th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of per sons under 21 years at no cost for that period of time until such person reaches the age of 21 years.

FRIDAY, FEBRUARY 18, 1994

1047

SB 528. By Senators Ragan of the 32nd and Harbison of the 15th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the National Guard and the reserve components of the United States armed forces shall be eligible to retain their special license plates after retirement; to define certain terms; to provide for clarification; to provide for editorial revisions.
SB 541. By Senators Brown of the 26th, Robinson of the 16th and Ray of the 19th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to provide for the offense of fraudulent issuance of personal identification cards; to provide for a definition; to provide for certain requirements; to provide for submission of names to the Department of Public Safety.
SB 547. By Senator Langford of the 29th:
A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for veterans, so as to repeal the requirement that a certain minimum number of applications must be received before such license plates shall be issued.
SB 555. By Senators Farrow of the 54th, Oliver of the 42nd and Robinson of the 16th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a right to a hearing when an income deduction is ordered because of a one-month delinquency in child support; to provide for a hospital based program for establishment of pater nity.
SB 607. By Senators Hemmer of the 49th, Henson of the 55th, Robinson of the 16th, Madden of the 47th and Oliver of the 42nd:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the governing authority of any county or municipal corporation affected by such legislation.
SB 613. By Senator Ralston of the 51st:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that requests for drivers' operating records for the purpose of and in connection with underwriting insurance and the transmittal of such records by the Department of Public Safety may be through electronic means; to change the provisions relating to procedure upon notice of insurance cancellation; to require insurers to notify the Department of Public Safety.
SB 626. By Senators Robinson of the 16th, Ray of the 19th, Gillis of the 20th and Hooks of the 14th:
A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum and gas pipelines, so as to pro vide for legislative findings; to create the Petroleum Pipeline Study Commit tee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abol ishment of the study committee on January 1, 1995.

1048

JOURNAL OF THE HOUSE,

HB 190. By Representatives Evans of the 28th and Groover of the 125th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Anno tated, relating to the use of third-year law students and law school staff instructors as legal assistants in criminal proceedings, so as to authorize the use of third-year law students from law schools within or outside the state as legal assistants in criminal proceedings.

HB 230. By Representatives Thomas of the 100th and Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Anno tated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such cred itable service and the payment required for such creditable service.

HB 1188.

By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Code Section 5-6-46 of the Official Code of Georgia Anno tated, relating to operation of notice of appeal as supersedeas in civil cases, so as to provide that the trial court may fix a supersedeas bond after a case is docketed with the appellate courts.

HB 1189.

By Representatives Walker of the 141st and Groover of the 125th:
A bill to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice in appellate court, so as to provide a uniform time frame within which both applications for interlocu tory and discretionary appeals will be decided.

HB 1368.

By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to specify that proceeds of any lottery prize awarded by the Georgia Lottery Corporation are included within the taxable net income of taxable nonresidents.

HB 1379.

By Representatives Harris of the 112th and Watson of the 139th:
A bill to amend Code Section 50-27-17 of the Official Code of Georgia Anno tated, relating to the state-wide network of retailers and qualifications of retailers pursuant to the "Georgia Lottery for Education Act," so as to change the provisions relating to qualifications of lottery retailers.

HB 1554.

By Representative Smith of the 169th:
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.

HB 1576.

By Representatives Twiggs of the 8th, Cummings of the 27th, Murphy of the 18th and Colwell of the 7th:
A bill to amend Article 7 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Employees' Retirement System of Georgia, so as to provide that the provisions of such article relating to eligibility for bene fits shall apply to certain persons.

FRIDAY, FEBRUARY 18, 1994

1049

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 975. By Representatives Murphy of the 18th, Walker of the 141st, Groover of the 125th, Lee of the 94th and Connell of the 115th: A resolution relative to adjournment.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 507. By Senators Marable of the 52nd, Ray of the 19th, Perdue of the 18th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of per sons under 21 years at no cost for that period of time until such person reaches the age of 21 years. Referred to the Committee on Motor Vehicles.
SB 528. By Senators Ragan of the 32nd and Harbison of the 15th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the National Guard and the reserve components of the United States armed forces shall be eligible to retain their special license plates after retirement; to define certain terms; to provide for clarification; to provide for editorial revisions.
Referred to the Committee on Motor Vehicles.
SB 541. By Senators Brown of the 26th, Robinson of the 16th and Ray of the 19th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to provide for the offense of fraudulent issuance of personal identification cards; to provide for a definition; to provide for certain requirements; to provide for submission of names to the Department of Public Safety.
Referred to the Committee on Public Safety.
SB 547. By Senator Langford of the 29th:
A bill to amend Code Section 40-2-85.1 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for veterans, so as to repeal the requirement that a certain minimum number of applications must be received before such license plates shall be issued.
Referred to the Committee on Motor Vehicles.

SB 555. By Senators Farrow of the 54th, Oliver of the 42nd and Robinson of the 16th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for a right to a hearing when an income deduction is ordered because of a one-month delinquency in child support; to provide for a hospital based program for establishment of pater nity.
Referred to the Committee on Judiciary.

1050

JOURNAL OF THE HOUSE,

SB 607. By Senators Hemmer of the 49th, Henson of the 55th, Robinson of the 16th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the governing authority of any county or municipal corporation affected by such legislation.
Referred to the Committee on State Planning & Community Affairs.

SB 613. By Senator Ralston of the 51st:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that requests for drivers' operating records for the purpose of and in connection with underwriting insurance and the transmittal of such records by the Department of Public Safety may be through electronic means; to change the provisions relating to procedure upon notice of insurance cancellation; to require insurers to notify the Department of Public Safety.
Referred to the Committee on Public Safety.

SB 626. By Senators Robinson of the 16th, Ray of the 19th, Gillis of the 20th and others:
A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum and gas pipelines, so as to pro vide for legislative findings; to create the Petroleum Pipeline Study Commit tee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abol ishment of the study committee on January 1, 1995.
Referred to the Committee on Judiciary.

SB 628. By Senators Day of the 48th, Balfour of the 9th, Tysinger of the 41st and others:
A bill to amend an Act providing a $7,000.00 homestead exemption from Gwinnett County ad valorem taxes so as to increase such exemption to $10,000.00 over a three-year period; to provide for exemption eligibility; to provide for a special election to approve or reject the increase; to provide for effective dates and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Lewis of the 14th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 180. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of junkyards, so as to provide for limi tations on the location of junkyards; to provide for screening requirements; to provide for regulations; to authorize acquisition and removal of junkyards; to provide for abatement of nuisances.

FRIDAY, FEBRUARY 18, 1994

1051

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
Bargeron Y Barnes N Bates
Benefield N Birdsong N Bordeaux N Bostick N Breedicive N Brooks, U
N Brooks, T Brown
YBuck Buckner
N Bunn N Burkhalter Y Byrd N Campbell N Canty Y Carlisle Y Carrell
N Carter Y Cauthorn
Chambless Y Chandler Y Channell
Childers N Clark N Coker N Coleman, B
Coleman, T

Colwell Y Connell NCox Y Crawford
N Crews Y Culbreth Y Cummings N Davis, G Y Davis, M N Dickinson NDix
Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart YEpps Y Evans
N Felton Y Floyd, J.M N Floyd, J.W
Godbee Y Golden
Goodwin N Greene N Groover Y Hammond
Hanner Y Harris, B N Harris, M NHart N Heard N Hegstrom
N Hembree N Henson Y Holland N Holmes

Howard N Hudson
Y Hughes N Hugley
Irvin James Y Jamieson
N Jenkins Johnson, D.H
N Johnson, E N Johnson, 0 N Johnson, J N Johnston N Jones
Y Joyce Y Kaye Y Kinnamon
N Klein N Ladd Y Lakly N Lane, D Y Lane, R N Lawrence N Lawson
NLee Y Lewis
YLord Lucas
N Maddox
N Mann N Martin N McBee E McClinton N McKinney Y Milam N Mills

On the motion, the ayes were 52, nays 93. The motion was lost.

N Mobley, B N Mobley, J N Moore
Y Mosley N Mueller E Oliver N O'Neal N Orrock
N Padgett Parham
E Parrish
Y Patten N Pelote
Perry N Pinholster
YPoag Y Polak N Porter
N Poston Y Powell
N Purcell, A N Purcell, B N Randall N Randolph YRay Y Reaves Y Reichert
Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp
Simpson
Sinkfield Y Skipper

N Smith, C Y Smith, L N Smith, P
Smith, T Y Smith, V
N Smith, W N Smyre
Snow Y Stancil, F
N Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat N Taylor
Teague N Teper
Thomas Tillman N Titus Y Towery N Trense N Turnquest Twiggs N Vaughan Walker N Wall Y Watson
N Watts Y Westmorland
White N Williams, B
N Williams, R N Yates Y Yeargin
Murphy, Spkr

Representative Dobbs of the 92nd moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:

HB 1489.

By Representatives Johnson of the 153rd, Culbreth of the 132nd, Royal of the 164th and Ladd of the 59th:
A bill to amend Code Section 48-8-89 of the Official Code of Georgia Anno tated, relating to certificates governing the distribution of the proceeds of the joint county and municipal sales and use tax, so as to provide for the expira tion of such certificates and for their renegotiation and filing.

On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey
Baker N Bannister
N Barfoot Bargeron
N Barnes Y Bates
Benefield N Birdsong Y Bordeaux N Bostick

N Breedluve N Brooks, D Y Brooks, T Y Brown NBuck
Buckner N Bunn N Burkhalter YByrd Y Campbell N Canty Y Carlisle N Carrell

N Carter N Cauthorn
Chambless N Chandler N Channell
Y Childers N Clark N Coker N Coleman, B
Coleman, T Colwell N Connell
N Cox

Y Crawford N Crews N Culbreth N Cummings N Davis, G N Davis, M N Dickinson NDix
Dixon, H N Dixon,S
Y Dobbs N Ehrhart N Epps

Evans Y Felton Y Floyd, J.M
Floyd, J.W Godbee Y Golden Goodwin
N Greene N Groover N Hammond N Hanner N Harris, B N Harris, M

1052

JOURNAL OF THE HOUSE,

Y Hart N Heard
Hegstrom N Hembree N Hensun Y Holland Y Holmes N Howard
N Hudson N Hughes
N Hugley Irvin
James Y Jamieson
Y Jenkins N Johnson, D.H N Johnson, E N Johnson, G N Johnson,J Y Johnston N Jones N Joyce
N Kaye

N Kinnamon
N Klein NLadd N Lakly N Lane, D Y Lane, R N Lawrence Y Lawson NLee N Lewis YLord
Lucas
Y Maddox N Mann
N Martin N McBee E McClinton N McKinney Y Milam N Mills
N Mobley, B N Mobley, J N Moore

N Mosley N Mueller E Oliver
Y O'Neal N Orrock Y Padgett
Parham E Parrish N Patten N Pelote
Perry N Pinholster
YPoag N Polak N Porter N Poston N Powell N Purcell, A
N Purcell, B Randall
N Randolph YRay Y Reaves

On the motion, the ayes were 35, nays 109. The motion was lost.

Y Reichert
Roberts N Royal N Scoggins N Shanahan
N Sherrill N Shipp
Simpson Sinkfield N Skipper N Smith, C Y Smith, L
N Smith, P Smith, T
N Smith, V
N Smith, W N Smyre
Snow
N Stancil, F N Stancil, S N Stanley, L Y Stanley, P N Stephenson

Streat N Taylor
Teague Y Teper
Thomas N Tillman N Titus
N Towery N Trense N Turnquest
Twiggs N Vaughan
Walker
Wall Watson N Watts Y Westmorland
White N Williams, B
N Williams, R Y Yates N Yeargin
Murphy, Spkr

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 12. By Senators Scott of the 36th, Dawkins of the 45th, Broun of the 46th, Clay of the 37th, Oliver of the 42nd and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that licensed firearms dealers comply with certain requirements prior to the sale or delivery of a firearm; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts.

Representative Smyre of the 136th moved that the House adhere to its position in amending SB 12 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:
Represenatives Twiggs of the 8th, Groover of the 125th and Smyre of the 136th.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1536.

By Representatives Carter of the 166th, Smith of the 109th, Hanner of the 159th, Royal of the 164th and Cox of the 160th:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Anno tated, relating to water and wastewater treatment plant operators and labo ratory analysts, so as to change a certain definition; to provide for the performance of laboratory tests for reporting purposes by certified operators; to provide for a training course.

FRIDAY, FEBRUARY 18, 1994

1053

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, so as to change a certain definition; to provide for the performance of laboratory tests for reporting purposes by certified operators; to establish an additional classification level for very small water systems; to provide for certification of operators of very small water systems; to pro vide for a training course; to provide for examinations; 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 51 of Title 43 of the Official Code of Georgia Annotated, relating to water and wastewater treatment plant operators and laboratory analysts, is amended by striking paragraph (6) of Code Section 43-51-2, relating to definitions, and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Operator' means any person who performs operational duties and water treat ment plant and wastewater treatment plant laboratory testing for reporting purposes for operator classifications I and II, as defined by the board, at wastewater treatment plants, wastewater collection systems, water distribution systems, or public water supply systems."
Section 2. Said chapter is further amended by striking Code Section 43-51-6, relating to certification of operators of water and wastewater treatment plants and laboratory ana lysts, and inserting in lieu thereof a new Code Section 43-51-6 to read as follows:
"43-51-6. (a) The board shall certify persons as to their qualifications to operate wastewater treatment plants, wastewater collection systems, water distribution systems, or public water supply systems.
(b) Any person who operates a wastewater treatment plant, wastewater collection system, water distribution system, or public water supply system shall obtain a certifi cate from the board; provided, however, that each industrial wastewater treatment or pretreatment facility, wastewater collection system, or distribution system shall be required to have only one responsible operator obtain such a certificate; and provided, further, that any person who is operating a wastewater treatment plant on July 1, 1991, and who is required to obtain a certificate on or after July 1, 1991, but who was not required to have a certificate prior to said date, shall have until July 1, 1996, to obtain such certificate without being in violation of this chapter; provided, further, that no such person who is operating without a certificate a wastewater treatment plant on July 1, 1991, shall be authorized to operate any other wastewater treatment plant after July 1, 1991, without a certificate as required by the board. Such person shall make application to the board for such certificate, which application shall be accompanied by a fee in an amount established by the board.
(c) (1) Any laboratory analyst who conducts certain tests, as defined by the board, of water or wastewater samples in conjunction with the operation of public water sup ply systems or wastewater treatment plants shall obtain a certificate from the board; provided, however, that any industrial wastewater or pretreatment plant shall be required to have only one responsible analyst obtain such a certificate, and any other analyst in that facility shall be supervised by such person. Such persons shall make application to the board for such a certificate, which application shall be accompanied by a fee in an amount established by the board; provided, however, that until July 1, 1993, any person who has obtained or shall obtain certification by the board as an operator under this chapter shall not be required to obtain a certificate from the board to provide services as a laboratory analyst.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, any person who possesses certification by the board as Class I and II operators of a water treatment plant or wastewater treatment plant shall not be required to obtain a certificate

1054

JOURNAL OF THE HOUSE,

to perform the duties of a laboratory analyst in conducting certain tests for reporting purposes as defined by the board. (d) Any certificate granted under this chapter shall be renewable biennially. Applica tion for renewal of certificates shall be accompanied by a renewal fee in an amount established by the board. The board shall be authorized to require continuing education as a condition of certificate renewal. The board shall be authorized to waive the continu ing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. (e) The board may establish a training period during which a certificate is not required. (f) Any person who possesses certification by the board as an operator of a public water supply system shall not be required to obtain a certificate to operate a water dis tribution system. (g) Any person who possesses certification by the board as an operator of a wastewater treatment plant shall not be required to obtain a certificate to operate a wastewater collection system."
Section 3. Said chapter is further amended by adding immediately following Code Section 43-51-6 a new Code Section 43-51-6.1 to read as follows:
"43-51-6.1. (a) In addition to current classifications I, II, and III, the division shall establish a new classification to be known as Class IV which designation shall apply to all very small water systems in this state which are ground-water systems serving a pop ulation of less than 1,000.
(b) The board shall certify persons as to their qualifications to operate a very small water system.
(c) Any person who operates a very small water system shall obtain a certificate from the board. A requirement for such certification shall be the successful completion of a basic six-hour course of training approved by the board.
(d) A certificate granted under this Code section shall be renewable biennially. Application for renewal of certificates shall be accompanied by a renewal fee in an amount established by the board."
Section 4. Said chapter is further amended by striking Code Section 43-51-7, relating to examinations for operators or laboratory analysts, and inserting in lieu thereof a new Code Section 43-51-7 to read as follows:
"43-51-7. The board shall prepare written examinations to be used in determining the knowledge, ability, and judgment of applicants for certification as operators or labo ratory analysts except Class IV level. h certain cases, th beard ay require a oral examination addition te the written examination. Such examinations shall be given at least twice six times annually."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y 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 Y Canty

Y Carlisle Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B
Coleman, T

Colwell 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 Ehrhart
Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene

FRIDAY, FEBRUARY 18, 1994

1055

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
Irvin 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 Y Mann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett Y Parham E Parrish Y Patten Y Pelote
Perry Y Pinholster Y Poag
Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph

Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P

Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas 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

On the passage of the Bill, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the vote of Representative Epps of the 131st was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 1398.

By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th, Buck of the 135th, Towery of the 30th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, 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.

The following substitute, offered by Representative Cauthorn of the 35th 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 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 lieu thereof new paragraphs (18) and (19) to read as fol lows:
"(18) Each Justice of the Supreme Court.............................................00,614.00 105,249.00
(19) Each Judge of the Court of Appeals............................................80,031.00 104.582.00"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

1056

JOURNAL OF THE HOUSE,

Representative Poag of the 6th moves to amend the Floor substitute to HB 1398 as follows:
Add:
Attorney General of the State of Georgia $90,000.00.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnes
Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D
Brooks, T N Brown NBuck N Buckner YBunn N Burkhalter
NByrd Y Campbell
Y Canty N Carlisle
N Carrell N Carter Y Cauthorn N Chambless N Chandler N Channel! 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 Y Dickinson NDix
Dixon, H N Dixon, S Y Dobbs 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 N Harris, M
NHart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

N Howard N Hudson N Hughes N Hugley
Irvin N James
Y Jamieson N Jenkins
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 Y Lane, D N Lane, R Y Lawrence
Lawson Lee N Lewis NLord
Lucas Y Maddox YMann N Martin N McBee E McClinton Y McKinney Y Milam N Mills

N Mobley, B Y Mobley, J Y Moore
N Mosley Y Mueller E Oliver
O'Neal
N Orrock N Padgett N Parham E Parrish N Patten N Pelote N Perry Y Pinholster YPoag N Polak Y Porter Y Poston N Powell N Purcell, A Y Purcell, B
Y Randall Y Randolph
NRay N Reaves N Reichert
Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield
N Skipper

Smith, C Y 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 N Stanley, P
Stephenson N Streat N Taylor
Teague N Teper
N Thomas N Tillman
Y Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson N Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 60, nays 101. The amendment was lost.

The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins
Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes
Bates Y Benefield

Y Birdsong Y Bordeaux
Bostick Y Breedlove
Y Brooks, D Brooks, T
Y Brown YBuck Y Buckner
Bunn

Y Burkhalter
NByrd Y Campbell Y Canty Y Carlisle N Carrell N Carter Y Cauthorn Y Chambless Y Chandler

Y Channel!
N 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 NDix
Dixon, H Y Dixon, S
Y Dobbs

FRIDAY, FEBRUARY 18, 1994

1057

Y Ehrhart Y Epps Y Evans Y 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 Y Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Howard Y Hudson Y Hughes Y Hugley

Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Johnson, E
Y Johnson, G Y Johnson, J Y Johnston
Y Jones N Joyce N Kaye Y Kinnamon Y Klein Y Ladd Y Lakly
Lane, D Y Lane, R Y Lawrence
Lawson Y Lee Y Lewis
N Lord Lucas
N Maddox Y Mann

Y Martin Y McBee E McClinton Y McKinney Y Milam N Mills
Y Mobley, B Y Mobley, J Y Moore
N Mosley N Mueller E Oliver
O'Neal Y Orrock Y Padgett Y Parham
E Parrish Y Patten Y Pelote N Perry Y Pinholster Y Poag
Y Polak Y Porter Y Poston Y Powell

Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves
Y Reichert Roberts
N Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Smith, C Y Smith, L N Smith, P N Smith, T N Smith, V Y Smith, W
Y 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 Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs N Vaughan Y Walker
N 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, by substitute, the ayes were 134, nays 23.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1398 was ordered immediately transmitted to the Senate.

HB 1395. By Representatives Cauthorn of the 35th, Smyre of the 136th, Smith of the 174th, Buck of the 135th, Towery of the 30th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to annual salaries of certain state officials, so as to change the compensation of judges of the superior courts.

The following Committee substitute was read and withdrawn:

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 judges and district attorneys of the superior courts; 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 paragraph (20) of sub section (a) and inserting in lieu thereof a new paragraph (20) to read as follows:
"(20) Each superior court judge................................................................66,610.00 77.760.00
Each superior court judge shall also receive any supplement paid to hh such judge by the county or counties of tas such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law."
Section 2. Said Code section is further amended by striking paragraph (21) of sub section (a) in its entirety and inserting in its place the following:
"(21) Each district attorney ......................................................................68,266.00 69,738.00

1058

JOURNAL OF THE HOUSE,

Each district attorney shall also receive any supplement paid to feim such district attorney by the county or counties of his such dis trict attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Cauthorn of the 35th 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 judges and district attorneys of the superior courts; 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 paragraph (20) of sub section (a) and inserting in lieu thereof a new paragraph (20) to read as follows:
"(20) Each superior court judge................................................................66,610.00 75.544.00
Each superior court judge shall also receive any supplement paid to him such judge by the county or counties of fe*8 such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law."
Section 2. Said Code section is further amended by striking paragraph (21) of sub section (a) in its entirety and inserting in its place the following:
"(21) Each district attorney ......................................................................68,266.00 67,281.00
Each district attorney shall also receive any supplement paid to hi such district attorney by the county or counties of his such dis trict attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Pinholster of the 15th moves to amend the Floor substitute to HB 1395 by inserting on line 4 of page 1 after the word and symbol "courts;" the following:
"to change the compensation of the attorney general;".
By inserting between lines 2 and 3 of page 2 the following:
"Section 3. Said Code section is further amended by striking paragraph (5) of subsec tion (a) in its entirety and inserting in lieu thereof the following:
'(5) Attorney General...60,316.00 87.000.00'".
By redesignating existing Section 3 as Section 4.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

FRIDAY, FEBRUARY 18, 1994

Y Ashe Y Atkins
N Bailey N Baker Y Bannister
N Barfbot Bargeron
Y Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D
Brooks, T
N Brown NBuck N Buckner YBunn Y Burkhalter
NByrd Y Campbell
Y Canty Carlisle
N Carrell N Carter Y Cauthorn N Chambless
N Chandler N 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
Davis, G Y Davis, M Y Dickinson
NDix Y Dixon, H N Dixon, S
Dobbs Y Ehrhart
NEpps Y Evans
Y Felton N Floyd, J.M N Floyd, J.W
Godbee N Golden N Goodwin N Greene
N Groover N Hammond
N Hanner N Harris, B Y Harris, M
Hart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

N Howard N Hudson N Hughes N Hugley
Irvin 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 N Kinnamon Y Klein YLadd Y Lakly
N Lane, D N Lane, R Y Lawrence Y Lawson NLee N Lewis NLord
Lucas Y Maddox YMann N Martin N McBee E McClinton
McKinney Milam N Mills

N Mobley, B N Mobley, J Y Moore
N Mosley Y Mueller E Oliver N O'Neal
N Orrock N Padgett N Parham E Parrish N Patten N Pelote
N Perry Y Pinholster
YPoag NPolak Y Porter YPoston N Powell N Purcell, A Y Purcell, B
Y Randall N Randolph NRay N Reaves N Reichert
Roberts N Royal N Scoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield
N Skipper

On the adoption of the amendment, the ayes were 57, nays 102. The amendment was lost.

1059
Y Smith, C Y Smith, L N Smith, P N Smith, T N Smith, V Y Smith, W NSmyre NSnow N Stancil, F
Stancil, S N Stanley, L N Stanley, P
Stephenson N Streat N Taylor NTeague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker YWall N Watson N Watts Y Westmoreland
White Y Williams, B Y Williams, R YYates N Yeargin
Murphy, Spkr

The Floor substitute was adopted.
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 N Atkins
Y Bailey Y Baker Y Bannister
Y Barfoot Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown YBuck Y Buckner
Bunn Y Burkhalter
YByrd Y Campbell
Y Canty

Carlisle Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell N 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 Davis, M Y Dickinson
NDix Y Dixon, H

N Dixon, S Dobbs
Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden N Goodwin
Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M YHart Y Heard
Hegstrom Y Hembree
Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley
Irvin 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 NKaye Y Kinnamon Y Klein YLadd YLakly
Lane, D
Y Lane, R Y Lawrence Y Lawson

YLee Y Lewis
YLord Lucas
N Maddox YMann Y Martin
YMcBee E McClinton
McKinney Y Milam N Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley N Mueller E Oliver
O'Neal Y Orrock
Y Padgett Y Parham
E Parrish Y Patten

1060

JOURNAL OF THE HOUSE,

Y Pelote N Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph

Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, L N Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre Y Snow Y Stancil, F
Stancil, S Y Stanley, L Y Stanley, P

Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

N Vaughan Y Walker N 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, by substitute, the ayes were 138, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1395 was ordered immediately transmitted to the Senate.

HB 1478.

By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st, Buck of the 135th, Sinkfield of the 57th and others:
A bill to change provisions relating to compensation and allowances of mem bers of the General Assembly; to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of members of the General Assembly, so as to change provisions relating to per diem and travel allowances.

By unanimous consent, further consideration of HB 1478 was postponed until Wednesday, February 23, 1994, immediately following the period of unanimous consents.

The Speaker Pro Tern assumed the Chair.

HB 1704.

By Representatives Buck of the 135th, Culbreth of the 132nd, Skipper of the 137th and Royal of the 164th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain solid waste facilities.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain local or regional solid waste or recovered materials facilities; to change certain provisions regarding the contents of the ordinance or resolution of the governing authority calling for the imposition of the tax; to change cer tain provisions regarding the contents of the required ballot questions relating to the tax; 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 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of the special county 1 percent sales and use tax, is amended by striking subparagraph (a)(l)(B) and inserting in its place a new subparagraph (a)(l)(B) to read as follows:

FRIDAY, FEBRUARY 18, 1994

1061

"(B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county admin istrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; sanitary landfills local or regional solid waste handling facilities as defined under paragraph (35) of Code Section 12-8-22. as amended; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 12-8-22, as amended; or any combination of such projects;".
Section 2. Said Code section is further amended by striking paragraph (3) of subsec tion (a) and inserting in its place a new paragraph (3) to read as follows:
"(3) The maximum cost of the project or projects which will be funded from the pro ceeds of the tax, which maximum cost shall also be the maximum amount of net pro ceeds to be raised by the taxT except that tf the tax J8 te be imposed m whole er k pflrt for roflflj stfcctj 0,110. DMO.[C pHirpos^s tnc niftXHYiuHi cost fitiu mflximuHft prOCCCQS to be raised shall be omitted; and".
Section 3. Said Code section is further amended by striking paragraph (3) of subsec tion (d) and inserting in its place a new paragraph (3) to read as follows:
"(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:
"( ) YES Shall a special 1 percent sales and use tax be imposed in

( ) NO

$

for a period of time not to exceed

_____________5 and for the raising of not more than

$______________ for the purpose of ____________ and for

road, street, and bridge purposes and for a period of time not to exceed

_____________ and for the purpose raising of not more than

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 Representatives Buck of the 135th and Royal of the 164th was read and adopted:
A BILL
To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to the special county 1 percent sales and use tax, so as to authorize the imposition of such tax for certain local or regional solid waste or recovered materials facili ties; to change the maximum period of time for which such tax may be imposed for certain purposes; to change certain provisions regarding the contents of the ordinance or resolu tion of the governing authority calling for the imposition of the tax; to change certain pro visions regarding the contents of the required ballot questions relating to the tax; to make provisions for the use of tax proceeds under certain circumstances; to provide for use where certain purposes for which the tax was imposed are economically unfeasible; to pro vide for a date of automatic repeal; to provide for related matters; to provide for an effec tive date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to the special county 1 percent sales and use tax, is amended by striking subparagraph (a)(l)(B) of Code Section 48-8-111, relating to the imposition procedures for the special county 1 percent sales and use tax, and inserting in its place a new subpara graph (a)(l)(B) to read as follows:

1062

JOURNAL OF THE HOUSE,

"(B) A capital outlay project or projects of the county for the use of or the benefit of the citizens of the entire county and consisting of a county courthouse; county admin istrative buildings; a civic center; a hospital; a county jail, correctional institution, or other detention facility; a county library; a coliseum; sanitary landfills local or regional solid waste handling facilities as defined under paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility. including but not limited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined under paragraph (26) of Code Section 12-8-22. as amended: or any combination of such projects;".
Section 2. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 48-8-111, relating to imposition procedures for the special county 1 per cent sales and use tax, and inserting in its place a new paragraph (2) to read as follows:
"(2) The maximum period of time, to be stated in calendar years or calendar quar ters and not to exceedf five years;
{A)--Five yeafs if the proceeds ef the ta* toe te be uacd in whetefe* purposes ether than rood, street, and bridge purposes fer which the ta* ay fee imposed;

and bridge purposes fe which the ta* may fee imposed; ef if our yeflrs* i&t i?oiut street EUIO. DriQ^e pupposcs duct five yesrs *or purposes
tzicux potion stfcctj &nu DFiue purpose9 tt tue ppoceeo.9 of trie tux &rc to in part for read; street, and feridge purposes and part for purposes tner -than -read-,
t* find DPIQ^C purposes tof wiiicii wie tsx uicty VG HHposedj .

Section 3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 48-8-111, relating to imposition procedures for the special county 1 per cent sales and use tax, and inserting in its place a new paragraph (3) to read as follows:
"(3) The maximum cost of the project or projects which will be funded from the pro ceeds of the tax, which maximum cost shall also be the maximum amount of net pro ceeds to be raised by the tax; except that if the ta* ia te fee imposed in whete er in pQFt tor FOAU) street) 6tnt opiu^c purposes tiic mflximuift cost ftflu mftXimuB) procecQ.S to fee raised snail fee omitted; and".

Section 4. Said article is further amended by striking paragraph (3) of subsection (d) of Code Section 48-8-111, relating to imposition procedures for the special county 1 per cent sales and use tax, and inserting in its place a new paragraph (3) to read as follows:
"(3) If the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes, the ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in

_

tor vfte pftisin^ of not more

$

for a period of time not to exceed

_____________; and for the raising of not more than

$____________ for the purpose of ___________ and for

road, street, and bridge purposes and for a period of time not to exceed

_____________ and for the purpose raising of not more than

Section 5. Said article is further amended by adding a new subsection at the end of Code Section 48-8-121, relating to use of proceeds of special purpose county sales and use taxation, to be designated subsection (h), to read as follows:
"(h) (1) Notwithstanding any other provision of this article to the contrary, if a county has imposed the tax authorized by this article in whole or in part for the pur pose of development of a sanitary landfill and such purpose becomes or is discovered to be economically unfeasible then the provisions of this subsection shall apply. This subsection shall not apply until and unless the governing authority of the county adopts an appropriate resolution or ordinance determining that the development of the sanitary landfill has become or is economically unfeasible. Upon the adoption of

FRIDAY, FEBRUARY 18, 1994

1063

such resolution or ordinance, the tax shall continue to be imposed for the same period of time and for the raising of the same amount of revenue as originally authorized. Upon the adoption of such resolution or ordinance the county may use the previously collected and future proceeds of the tax (or such portion thereof as was intended for sanitary landfill purposes if the tax was imposed for more than one purpose) for such solid waste collection and disposal purposes as are determined by the county govern ing authority to constitute the best feasible alternative to the development of the sani tary landfill. Without limiting the generality of the foregoing, it is specifically provided that such waste collection and disposal purposes may include maintenance and operation expenditures as well as capital outlay expenditures or any combination of such expenditures.
(2) This subsection shall stand repealed in its entirety on July 1, 1999."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 of this Act shall apply with respect to taxes imposed prior to said effective date as well as with respect to taxes imposed on or after said effective date.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, 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 N 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 Ohambless 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
Dix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans Y Felton
Y Ployd, 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 Y Holmes

Howard Y Hudson Y Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Lucas
Y Maddox
YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
E Oliver Y O'Neal
Y Orrock Y Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Randolph YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Street Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Y 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 157, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

1064

JOURNAL OF THE HOUSE,

HB 1715.

By Representatives Cox of the 160th and Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Early County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y 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 Channell Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T

Y Colwell 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 Ehrhart YEpps Y Evans Y Felton
Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin Y Greene Y Groover
Y Hammond Y 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
Irvin 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 Y Mann Y Martin Y McBee
E McClinton McKinney
Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill Y Shipp
Simpson
Y Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W
Smyre Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 372. By Representatives Chandler of the 99th, Walker of the 141st, Hughes of the 19th, Watson of the 139th and Powell of the 23rd:
A bill to amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school buses, so as to provide for mandatory drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol consumption during working hours.

The following Committee substitute was read:

A BILL
To amend Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to school buses, so as to provide for random drug testing for all school bus drivers; to provide for random testing of school bus drivers for alcohol consumption during

FRIDAY, FEBRUARY 18, 1994

1065

working hours; to provide for procedures; to provide for rules and regulations; to provide for a second test after termination and for reinstatement in certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to school buses, is amended by adding a new Part 4 to read as follows:
"Part 4
20-2-1120. As used in this part the term 'illegal drugs' shall include marijuana as defined in paragraph (16) of Code Section 16-13-21, a controlled substance as defined in paragraph (4) of Code Section 16-13-21, a dangerous drug as defined in Code Section 16-13-71, or any other controlled substance or dangerous drug that persons are prohib ited by state or federal law from using, but shall not include any drug when used pursu ant to a valid medical prescription or when used as otherwise authorized by state or federal law.
20-2-1121. (a) All persons employed as school bus drivers by any public school sys tem in this state shall be subject to random testing for evidence of use of illegal drugs. Not more than 25 percent of the school bus drivers in each public school system shall be tested annually in one or more random tests. Such testing may be conducted at any time during the calendar year, and the cost of all such testing shall be borne by the state, provided that, in the case of drivers whose salaries are exclusively funded by the local school system, the cost of such testing shall be borne by such local school system; and provided, further, that, in the case of drivers employed by private companies who have contracted to provide school bus service to a county school system or an indepen dent school system, the cost of such testing shall be borne by such private company.
(b) All persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of alcohol during the school day which testing may be carried out at any time within the school year and the cost of which shall be borne by the local board of education.
(c) The State Board of Education shall adopt rules and regulations to establish for purposes of testing and retesting for illegal drugs:
(1) Which illegal drugs will be the subject of testing; (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for assuring proper storage, transportation, and handling of such spec imens in order to ensure the integrity of the testing process; (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; and (6) Procedures for school bus drivers, prior to the collection of body fluid speci mens for such testing, to provide information to their employers regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test, (d) The local boards of education shall adopt rules and regulations to establish for the random testing for the presence of alcohol: (1) The portion of drivers in any school system that shall be selected for testing at each testing period; (2) Methods for assuring that drivers are selected on a random basis; (3) Methods for assuring minimal privacy intrusions during such testing; (4) Methods for assuring proper storage, transportation, and handling of such spec imens in order to ensure the integrity of the testing process; (5) Methods for the testing of the breath of school bus drivers for the presence of alcohol, such testing to be done by a peace officer or law enforcement agency; (6) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; and (7) A list of laboratories qualified to conduct such alcohol testing.

1066

JOURNAL OF THE HOUSE,

(e) The State Board of Education shall be authorized to adopt any other rules or regulations it deems necessary to implement testing for illegal drug use under this part. The local boards of education shall be authorized to adopt any other rules or regulations deemed necessary to implement random testing for alcohol use under this part.
20-2-1122. (a) Except as provided in subsection (d) of this Code section, a school bus driver found to have used an illegal drug shall be terminated from his or her employment. A school bus driver who is terminated in accordance with this subsection may have an additional drug test administered at the expense of such school bus driver, at a location approved by the State Board of Education, within two weeks following the date of termination. If the results of such test do not indicate illegal drug use, the driver who has been terminated in accordance with this subsection may appeal the termination to the local board of education. Such appeal shall be in writing and shall include a copy of the results of the second test. The local board of education shall review the appeal and shall have the exclusive authority to reinstate a driver. If the local board of educa tion reinstates a school bus driver in accordance with this subsection, the local board of education shall provide compensation for wages or salary lost due to the termination, and the driver shall be reinstated without loss of service, seniority, wages or salary.
(b) Except as provided in subsection (d) of this Code section, a school bus driver found to have any measurable alcohol in his or her system during the school day shall be subject to disciplinary action at the discretion of the local board of education.
(c) A school bus driver who refuses to provide body fluid, when requested to do so in accordance with drug testing or random alcohol testing conducted pursuant to this part and rules and regulations promulgated under this part, shall be terminated from employment.
(d) If a school bus driver voluntarily admits to use of illegal drugs or inappropriate use of alcohol prior to a random test of such driver for illegal drugs or alcohol, such driver shall not be terminated from employment unless use of illegal drugs or inappro priate use of alcohol continues after medical treatment. Such a driver shall receive medi cal treatment to the extent provided for by his or her insurance coverage."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Chandler of the 99th moves to amend the Committee substitute to HB 372 as follows:
By striking "shall" on line 11 page 3 and inserting in lieu thereof: "may"
And by striking paragraph (4) of subsection (d) on page 3 and renumbering the other paragraphs accordingly.

On the adoption of the amendment, 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
Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove

N Brooks, D
Brooks, T Y Brown
Y Buck Y Buckner N Bunn N Burkhalter Y Byrd
Y Campbell Y Canty Y Carlisle
Carrell
Carter Y Cauthorn

Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker N Coleman, B
Coleman, T Colwell Connell
Cox
N Crawford N Crews Y Culbreth

Y Cummings Davis, G
N Davis, M N Dickinson N Dix Y Dixon, H Y Dixon, S
Dobbs Ehrhart
Y Epps Y Evans N Felton
Floyd, J.M Y Floyd, J.W

Y Godbee Y Golden N Goodwin Y Greene Y Groover
Hammond Banner Y Harris, B
Y Harris, M Y Hart Y Heard
Hegstrom Y Hembree
Henson

FRIDAY, FEBRUARY 18, 1994

1067

Y Holland Y Holmes
Howard Y Hudson Y Hughes N Hugley Ylrvin
Y James Jamieson
Y Jenkins Y Johnson, D.H
Johnson, E N Johnson, G N Johnson, J N Johnston Y Jones
N Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly

Y Lane, D
Y Lane, R N Lawrence
Lawson YLee Y Lewis YLord
Lucas
N Maddox NMann Y Martin Y McBee E McClinton N McKinney N Milam N Mills N Mobley, B
Y Mobley, J N Moore Y Mosley N Mueller E Oliver

Y O'Neal Orrock
Y Padgett Y Parham
E Fairish Y Patten Y Pelote Y Perry Y Pinholster NPoag N Polak
Y Porter Y Poster. Y Powell Y Purcell, A Y Purcell, B Y Randall
Y Randolph
YRay Y Reaves Y Reichert
N Roberts

Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Y Sinkfleld Y Skipper Y Smith, C
Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W Y Smyre YSnow Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat

On the adoption of the amendment, the ayes were 115, nays 36. The amendment was adopted.

N Taylor YTeague Y Teper
Thomas Y Tillman
N Titus Towery
Y Trense N Turnquest N Twiggs Y Vaughan
Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White N Williams, B
Y Williams, R N Yates Y Yeargin
Murphy, Spkr

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 372 as follows:
Page 4 insert between line 7 & 8 new subsection (f) as follows:
"This section shall be effective only in those years when fully funded by the General Assembly, provided however that local boards of education shall not be prohibited from implementing the provisions of this section at their own expense."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins N Bailey
Baker Y Bannister
N Barfoot N Bargeron
N Barnes N Bates
N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D
Brooks, T N 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

N Channel! N Childers N Clark N Coker Y Coleman, B N Coleman, T N Colwell
Connell NCox
N Crawford Y Crews N Culbreth N Cummings
Davis, G Y Davis, M Y Dickinson YDix N Dixon, H N Dixon, S
N Dobbs Y Ehrhart N Epps Y Evans N Felton
Floyd, J.M Floyd, J.W Godbee N Golden Y Goodwin
N Greene

N Groover N Hammond N Banner 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 Ylrvin N James
Jamieson N Jenkins
Johnson, D.H Johnson, E Y Johnson, G N Johnson, J
Y Johnston N Jones
Y Joyce YKaye N Kinnamon
N Klein

YLadd YLakly N Lane, D N Lane, R Y Lawrence N Lawson
NLee N Lewis
NLord Lucas
Y Maddox
YMann N Martin N McBee E McClinton Y McKinney
Milam Y Mills N Mobley, B
N Mobley, J Y Moore N Mosley Y Mueller
E Oliver N O'Neal
Orrock N Padgett N Parham E Parrish
N Patten

N Pelote N Perry
Pinholster NPoag N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray N Reaves
N Reichert N Roberts N Royal
Scoggins Shanahan N Sherrill N Shipp N Simpson N Sinkfleld N Skipper
N Smith, C N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W

1068

JOURNAL OF THE HOUSE,

N Smyre N Snow N Stancil, F
Y Stancil, S N Stanley, L N Stanley, P

Stephenson N Streat N Taylor
Teague
Y Teper N Thomas

N Tillman N Titus Y Towery Y Trense
Turnquest N Twiggs

Y Vaughan N Walker N Wall N Watson N Watts Y Westmorland

N White Y Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 40, nays 115. The amendment was lost.

The following amendment was read and ruled out of order:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 372 as follows:
Page 2 line 7 after the word "state" place a period (".")
Delete rest of line 7 and lines 8 through 14.

The following amendment was read:

Representative Mueller of the 152nd moves to amend the Committee substitute to HB 372 as follows:
Re add:
Sec. 4 line 21 - 24 on page 3.

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 Y Bannister
Y Barfoot Y Bargeron N Barnes Y Bates N Benefield N Birdsong Y Bordeaux
N Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell Y Canty
N Carlisle N Carrell N Carter N 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 Y Cummings
Davis, G Y Davis, M Y Dickinson YDix N Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Bpps Y Evans Y Felton Y Floyd, J.M
Floyd, J.W
Godbee N Golden
Y Goodwin Y Greene N Groover N Hammond N Manner
Harris, B Y Harris, M YHart
N Heard Y Hegstrom
Y Hembree N Henson N Holland N Holmes

Y Howard
N Hudson N Hughes Y Hugley Y Irvin N James
Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein YLadd Y Lakly
Y Lane, D N Lane, R Y Lawrence N Lawson NLee Y Lewis YLord
Lucas
Y Maddox YMann Y Martin N McBee E McClinton
McKinney Y Milam Y Mills

N Mobley, B Y Mobley, J
Moore N Mosley Y Mueller E Oliver N O'Neal
Orrock Y Padgett N Parham E Parrish N Patten Y Pelote N Perry Y Pinholater YPoag N Polak
N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert Y Roberts N Royal Y Scoggins N Shanahan
N Sherrill Y Shipp N Simpson
Y Sinkfield N Skipper

Y Smith, C N Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre NSnow N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Streat Y Taylor Teague N Teper N Thomas Y Tillman Y Titus Towery Y Trense N Turnquest
N Twiggs Y Vaughan
N Walker Y Wall N Watson N Watts Y Westmorland Y White Y Williams, B N Williams, R
Y Yates N Yeargin
Murphy, Spkr

FRIDAY, FEBRUARY 18, 1994

1069

On the adoption of the amendment, the ayes were 85, nays 75. The amendment was adopted.

The following amendment was read:

Representative Lane of the 146th moves to amend the Committee substitute to HB 372 as follows:
Delete on page 4, lines 11 - 29 beginning with the word "A" on line 11.

On the adoption of the amendment, 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 N Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
N Canty Y Carlisle Y Carrell
Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers N Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Y Evans Y Felton
Floyd, J.M Floyd, J.W Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond N Hanner Y Harris, B Y Harris, M NHart Y Heard N Hegstrom Y Hembree Y Henson Y Holland N Holmes

N Howard Y Hudson Y Hughes Y Hugley Ylrvin
James 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
Lucas Maddox YMann N Martin Y McBee E McClinton McKinney Y Milam
Y Mills

Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall
Y Randolph
Ray Y Reaves Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson N Sinkfield Y Skipper

On the adoption of the amendment, the ayes were 140, nays 17. The amendment was adopted.

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre YSnow Y Stancil, F Y Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Teague N Teper Y Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
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

The following amendment was read:

Representative Felton of the 43rd moves to amend the Committee substitute to HB 372 as follows:
Strike lines 7 - 14 on page 5.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1070

JOURNAL OF THE HOUSE,

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
Brooks, T N Brown
YBuck Y Buckner YBunn Y Burkhalter YByrd
Y Campbell N Canty N Carlisle
Y Carrell Y Carter Y Cauthorn
Chambless Y Chandler Y Channell
Y Childers N Clark Y Coker
Y Coleman, B Coleman, T

Colwell
Connell YCox
Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H Y Dixon, S N Dobbs
Y Ehrhart NEpps Y Evans
Y Felton Floyd, J.M Floyd, J.W
Godbee N Golden
Y Goodwin Y Greene Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M
NHart N Heard N Hegstrom
Y Hembree N Henson Y Holland N Holmes

N Howard
N Hudson Y Hughes N Hugley Ylrvin N James
Jamieson Y Jenkins
Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon N Klein YLadd Y Lakly
Y Lane, D N Lane, R Y Lawrence Y Lawson YLee
Y Lewis NLord
Lucas Maddox YMann N Martin Y McBee E McClinton McKinney Y Milam Y Mills

Mobley, B Y Mobley, J Y Moore Y Mosley
Y Mueller E Oliver N O'Neal N Orrock
Y Padgett N Parham E Parrish
N Patten N Pelote Y Perry Y Pinholster
YPoag N Polak Y Porter Y Postal Y Powell
Y Purcell, A Y Purcell, B N Randall N Randolph YRay Y Reaves Y Reichert N Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill N Shipp N Simpson N Sinkfield Y Skipper

On the adoption of the amendment, the ayes were 113, nays 45. The amendment was adopted.

N Smith, C Y Smith, L Y Smith, P
N Smith, T Y Smith, V Y Smith, W NSmyre YSnow Y Stancil, F
Y Stancil, S N Stanley, L
N Stanley, P Y Stephenson
Streat N Taylor N Teague NTeper N Thomas Y Tillman Y Titus
Y Towery Y Trense N Turnquest
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

The following amendment was read:

Representatives Ladd of the 59th and Barnes of the 33rd move to amend the Commit tee substitute to HB 372 as follows:
Page 2, Line 4 after the word "testing", insert the words
"shall be non-invasive and".

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 N Bostick N Breedlove
Y Brooks, D Brooks, T Brown
YBuck Y Buckner

Y Bunn Y Burkhalter
NByrd Y Campbell Y Canty N Carlisle
Y Carrell
N Carter Y Cauthorn
Chambless N Chandler N Channel!
N Childers Y Clark Y Coker Y Coleman, B N Coleman, T N Cohvell
Connell

Cox Y Crawford Y Crews
Y Culbreth N Cummings Y Davis, G
Davis, M Y Dickinson NDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Felton
Floyd, J.M Floyd, J.W Godbee

Y Golden Y Goodwin N Greene Y Groover Y Hammond N Hanner
Y Harris, B Y Harris, M YHart Y Heard
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson Y Hughes
Y Hugley

Ylrvin Y James
Jamieson Y Jenkins N 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 YLane, D NLane, R Y Lawrence

FRIDAY, FEBRUARY 18, 1994

N Lawson
VI TL<o6t>6
Y Lewis NLord N Lucas
Maddox
N Mann Y Martin Y McBee
E McClinton Y McKinney Y Milam Y Mills
Mobley, B Y Mobley, J N Moore N Mosley

N Mueller E Oliver N O'Neal
Y Orrock Y Padgett
N Parham E Parrish N Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
N Porter
N Poston N Powell Y Purcell, A

Y Purcell, B
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 N Skipper Y Smith, C Y Smith, L

N Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman

On the adoption of the amendment, the ayes were 124, nays 36. The amendment was adopted.

The Committee substitute, as amended, was adopted.

1071
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker N Wall Y Watson Y Watts Y Westmorland Y White N Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

Represenative Stanley of the 50th moved to reconsider the main question. On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey N Baker
Y Bannister
N Barfoot N Bargeron N Barnes
N Bates N Benefield
N Birdsong Bordeaux
N Bostick N Breedlove N Brooks, D
Brooks, T Y Brown Y Buck N Buckner N Bunn Y Burkhalter N Byrd N Campbell Y Canty N Carlisle N Carrell N Carter
N Cauthorn
Chambless N Chandler N Channell N Childers N Clark N Coker
N Coleman, B N Coleman, T

N Colwell Connell
NCox N Crawford N Crews
N Culbreth
Y Cummings
Y Davis, G N Davis, M N Dickinson
NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart
N Epps N Evans N Felton
Floyd, J.M Floyd, J.W Godbee N Golden
N Goodwin
N Greene N Groover N Hammond N Hanner
N Harris, B
N Harris, M
Y Hart N Heard Y Hegstrom
N Hembree N Henson N Holland N Holmes

Y Howard N Hudson N Hughes Y Hugley
N Irvin
James Jamieson N Jenkins N Johnson, D.H N Johnson, E N Johnson, G N Johnson, J
N Johnston N Jones
N Joyce N Kaye N Kinnamon N Klein
NLadd N Lakly
N Lane, D N Lane, R Y Lawrence N Lawson
NLee N Lewis
NLord Lucas Maddox
YMann
Y Martin
N McBee
E McClinton
McKinney N Milam N Mills

Mobley, B N Mobley, J
N Moore
N Mosley N Mueller
E Oliver N O'Neal
Y Orrock
N Padgett N Parham E Parrish N Patten N Pelote N Perry
Pinholster
N Poag Y Polak Y Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert
Y Roberts N Royal N Scoggins
N Shanahan N Sherrill N Shipp
N Simpson
Y Sinkfield N Skipper

N Smith, C N Smith, L N Smith, P Y Smith, T N Smith, V
Y Smith, W Y Smyre N Snow N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor Y Teague Y Teper N Thomas N Tillman N Titus N Towery N Trense N Turnquest
Twiggs N Vaughan N Walker
N Wall N Watson
N Watts N Westmoreland
Y White N Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 30, nays 131. The motion was lost.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.

1072

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y 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
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 Y Dix
Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Felton
Floyd, J.M 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
Hegstrom
Y Hembree Y Henson Y Holland Y Holmes

Y Howard
Y Hudson Y Hughes
N Hugley Y Irvin 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 N Lucas
Y Maddox
YMann
Y Martin
Y McBee E McClinton N McKinney Y Milam
Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett Y Parham E Parrish Y Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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 N Stanley, L
N Stanley, P Y Stephenson Y Streat N Taylor Y Teague Y Teper Y Thomas Y Tillman
Y 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, as amended, the ayes were 158, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Chandler of the 99th moved that HB 372 be ordered immediately transmitted to the Senate.
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 N Brown YBuck
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
Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

Y Davis, M Y Dickinson NDix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart
YEpps Y Evans Y Felton
Floyd, J.M Floyd, J.W Godbee Y Golden Goodwin
Y Greene Y Groover Y Hammond
Hanner Y Harris, B Y Harris, M
N Hart

Y Heard
N Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Howard Y Hudson
Hughes
N Hugley Y Irvin
James Jamieson Y Jenkins Johnson, D.H Johnson, E Y Johnson, G
Y Johnson, J Y Johnston Y Jones Y Joyce
Kaye

Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R N Lawrence Y Lawson YLee Y Lewis YLord N Lucas
Maddox YMann
N Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J

FRIDAY, FEBRUARY 18, 1994

1073

Y Moore Y Mosley Y Mueller E Oliver Y O'Neal N Orrock Y Padgett Y Parham EParrish Y Patten
Pelote Y Perry Y Pinholster Y Poag

Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph
Y Ray Y Reaves
Y Reichert Y Roberts Y Royal
Y Scoggins

Y Shanahan Y Sherrill
Y Shipp Y Simpson N Sinkfield Y Skipper
Y Smith, C Y Smith, L
Smith, P Y Smith, T Y Smith, V
Smith, W
Smyre Y Snow

On the motion, the ayes were 138, nays 16. The motion prevailed.

Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson Y Stteat N Taylor Y Teague
N Teper Y Thomas Y Tillman Y 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 N Yates Y Yeargin
Murphy, Spkr

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 649 Do Pass, as Amended
Respectfully submitted, /s/ Lucas of the 124th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1229 Do Pass, by Substitute HB 1301 Do Pass, by Substitute

HB 1313 Do Pass, by Substitute HB 1474 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 942 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

1074

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Health and Ecology and referred to the Committee on Judiciary.

HB 1786.

By Representative Thomas of the 100th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to provide for limitations on fees col lected relative to vital records services.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate 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:
"(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".

Represenative Byrd of the 170th moved that the House disagree to the Senate amend ment to the House substitute to SB 317.

The motion prevailed.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

FRIDAY, FEBRUARY 18, 1994

1075

HB 1619. By Representatives Patten of the 176th, Barfoot of the 155th, Floyd of the 172nd and Dobbs of the 92nd:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Anno tated, the "Georgia Underground Storage Tank Act," so as to define and redefine certain terms; to provide for inspections of sites by contractors or agents of the Department of Natural Resources; to permit the director imme diately to issue emergency orders for corrective action without awaiting the concurrence of the governor.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," so as to define and redefine certain terms; to provide for inspections of sites by contractors or agents of the Department of Natural Resources; to provide for access to and entry onto sites by department employees, contrac tors, or agents for purposes of corrective action; to provide penalties for failure to conduct corrective action or prohibiting corrective action by the department, its agents, or contrac tors; to establish criteria for determining or assessing such penalties; to establish limita tions on third-party claims; to provide for the expenditure of underground storage tank program trust funds, including principal and interest; to provide for the subrogation of claims; to establish underground storage tank program trust funds as not being insurance funds; to increase the maximum permissible unobligated balance of program trust funds; to allocate the burden of determining the existence of a prior release at the time of acqui sition of a site; to clarify lien rights of the state as to certain sites requiring corrective action; to provide for annual tank notifications; to provide for the issuance and revocation of underground tank certification; to make illegal the placement of regulated substances in uncertified tanks; to establish as criminal certain acts relating to underground tanks; to establish liability of adjoining landowners who fail to permit corrective action on their lands; to provide for a civil penalty; to permit the director immediately to issue emergency orders for corrective action without awaiting the concurrence of the governor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 13 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Underground Storage Tank Act," is amended by striking in its entirety Code Section 12-13-3, relating to definitions, and inserting in lieu thereof the following:
"12-13-3. As used in this chapter, the term: (1) 'Board' means the Board of Natural Resources of the State of Georgia. (2) 'Corrective action' means those activities required for response to and cleanup
of releases of regulated substances from underground storage tanks, including, but not limited to, initial response, initial abatement measures and site check, initial site char acterization, free product removal, investigations for soil and ground-water cleanup, and preparation and implementation of a corrective action plan.
{2} (3) 'Department' means the Department of Natural Resources of the State of Georgia.
{3} (4) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
{4} (5) 'Division' means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia.
{} (6) 'Federal act' means the Solid Waste Disposal Act, 42 U.S.C. Section 3152, et seq., as amended, particularly by the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, 42 U.S.C. Section 6991, et seq., as amended by Public Law 99-499, 1986.

1076

JOURNAL OF THE HOUSE,

#) (7) 'Guarantor' means any person, other than the owner or operator, who pro vides evidence of financial responsibility for an owner or operator.
?) (8) 'Nonoperational storage tank' means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after November 8, 1984.
{8) (9) 'Operator' means any person in control of or having daily responsibility for the operation of the underground storage tank.
{9} (10) 'Owner' means, in the case of an underground storage tank in use on November 8, 1984, or brought into use or capable of being used after that date, any person who owns an underground storage tank used for or capable of being used for the storage; ase; or dispensing of regulated substances and, in the case of any under ground storage tank in use before November 8, 1984, but no longer in use or capable of being used on November 8, 1984, any person who owned such tank immediately before the discontinuation of its use; provided, however, such term shall not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect that person's security interest in the underground storage tank.
{16} (11) 'Person' means an individual, trust, firm, joint-stock company, corpora tion, including a government corporation, partnership, association, municipality, com mission, political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government.
4H} (12) 'Petroleum' means petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahr enheit and 14.7 pounds per square inch absolute).
fJ5) (13) 'Petroleum product' means petroleum, including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, and kerosene, including jet turbine fuel.
{13} (14) 'Regulated substance' means any substance defined in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, as amended by P.L. 99-499, 1986, et seq., and petroleum, includ ing crude oil or any fraction thereof which is liquid at the standard conditions of tem perature and pressure of (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), but not including any substance regulated as a hazardous waste under Part 1 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Waste Management Act,' as amended.
{44} (15) 'Release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water, or subsurface soils.
{46} (16) 'Terminal' means a bulk storage facility for storing petroleum products supplied by pipeline or marine vessel.
(17) 'Third-party liability' means:
(A) As to bodily injury, specific physical bodily injury proximately resulting from exposure, explosion, or fire caused by the presence of a release from a regu lated underground storage tank and which is incurred by a person other than the owner or operator, the landlord of the owner or operator, employees or agents of an owner or operator, or employees or agents of the landlord of an owner or operator: and
(B) As to property damage, actual physical damage or damage due to specific loss of normal use of property owned by a person other than either the owner or operator of an underground storage tank from which a release has occurred or the landlord of an owner or operator of the underground storage tank from which a release has occurred.
{46} (18) 'Underground storage tank' means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumula tion of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is 10 percent or more beneath the surface of the ground."

FRIDAY, FEBRUARY 18, 1994

1077

Section 2. Said chapter is further amended by striking Code Section 12-13-8, relating to investigations and corrective actions, in its entirety and inserting in lieu thereof a new Code Section 12-13-8 to read as follows:
"12-13-8. (a) The director or an authorized employee of the department or an authorized contractor or agent of the department, upon presentation of his or her cre dentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter, or premises whereon a violation of this chapter or the rules and regulations adopted pursuant to this chapter is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples of, and copy all records relat ing to the storage of regulated substances in underground tanks, and to inspect for com pliance with the requirements imposed under this chapter or the rules and regulations adopted pursuant to this chapter, or to determine whether such a violation or threat ened violation exists.
(b) In the event any person does not consent to an inspection or investigation, the director or an authorized employee of the department shall have the power to seek a warrant authorizing the inspection or investigation.
(c) The director, an authorized employee of the department, or an authorized con tractor or agent of the department, upon presentation of his or her credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter or premises whereon a release of a regulated substance in violation of this chapter or the rules and regulations adopted pursuant to this chapter is reasonably believed to be occurring or is reasonably believed to have previously occurred to investigate, take sam ples, copy all records relating to storage of regulated substances in underground storage tanks, and inspect for compliance with the requirements imposed under this chapter or the rules and regulations adopted pursuant to this chapter in order to determine whether such a current release or past release exists and to conduct appropriate correc tive action for any release which may currently exist or may have existed."
Section 3. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 12-13-9, relating to financial responsibility, and inserting in lieu thereof the following:
"(f) There is hereby established the Underground Storage Tank Trust Fund. The director shall serve as trustee of this fund. The principal of the moneys deposited in such fund pursuant to Code Section 12-13-10 may be expended by the director for the following purposes:
(1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of regulated substances from an underground storage tank;
(2) To take preventive or corrective actions where the release of the regulated sub stances presents an actual or potential threat to human health or the environment where the owner or operator has not been identified or is unablej as determined by the director, er unwilling to perform corrective action, including but not limited to, provisions for providing alternative water supplies; and
(3) To provide compensation for third-party liabilities; if- the beatd promulgatca regulations allowing se ef the ftmd fer third-party liabilities, j provided, however, that any such expenditure shall be subject to the following limitations:
(A) A property owner shall not be considered a third party if the property was transferred by the owner or operator of an underground storage tank in anticipation of damage due to a release;
(B) Third-party liability property damage shall be reimbursed from the Under ground Storage Tank Trust Fund based on the rental costs of comparable property during the period of loss of use ujj to a maximum amount equal to the fair market value. In the case of property that is actually destroyed as a result of a petroleum release, reimbursement shall be an amount necessary to replace or repair the destroyed property, whichever is less; and
(C) Payments for third-party liability damages, as defined in this chapter, shall never exceed the amount of the Underground Storage Tank Trust Fund coverage

1078

JOURNAL OF THE HOUSE,

as provided in this chapter for any owner or operator and shall not include pay ments for any claims for attorney's fees for third-party claimants or punitive dam ages or mental anguish; (4) To pay for any portion of the administrative cost of administering the Under ground Storage Tank Trust Fund which exceeds the amount of interest earned on the corpus of such fund; provided, however, that no more than 10 percent of the fees col lected annually pursuant to subsection (a) of Code Section 12-13-10 shall be used for such purpose; (5) To provide reimbursements to eligible participating owners and operators who have conducted corrective action; and (6) To provide payments to state contractors for eligible participating owners and operators who are unable, as determined by the director, to conduct corrective action for petroleum releases from underground storage tanks."
Section 4. Said chapter is further amended by inserting at the end of said Code Sec tion 12-13-9 the following:
"(h) If any person chooses to make a claim against the fund and accepts payment from the fund, then the state shall be subrogated to any cause of action that the claim ant may have to the extent of such payment or judgment. In any such action, the amount of damages shall be proved by the division by submitting to the court a written report of the amounts paid or owed from the fund to claimants. Such written report shall be admissible in evidence and the amounts paid from or owed by the fund to the claimants stated therein shall be presumed to be the amount of the damages.
(i) Notwithstanding any other provisions of law to the contrary, the Underground Storage Tank Trust Fund shall not be considered an insurance company or insurer under the laws of this state."
Section 5. Said chapter is further amended by striking subsection (b) of Code Sec tion 12-13-10, relating to the maximum permissible unobligated balance of program trust funds, and inserting in lieu thereof the following:
"(b) Environmental assurance fees as specified in subsection (a) of this Code section shall be paid into the trust fund until the unobligated principal balance of the trust fund equals or exceeds $36 $50 million, at which time no environmental assurance fees shall be levied unless the balance in the trust fund is less than or equal to an unobligated balance of $M $30 million, in which case the collection of the environmental assurance fee will resume within 180 days following the end of the month in which such unobligated balance occurs."
Section 6. Said chapter is further amended by striking Code Section 12-13-11, relat ing to corrective actions for releases of petroleum product into the environment, in its entirety and inserting in lieu thereof a new Code Section 12-13-11 to read as follows:
"12-13-11. (a) Whenever the director has reason to believe that there is or has been a release of a petroleum product into the environment from an underground tank, regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall obtain corrective action for such release from the any current owner or operator; e* feetfe; or from any past owner or operator who has contributed to such release^ either individu ally or jointly. Such corrective action shall be performed in accordance with a plan approved by the director.
(b) If the tank owner or operator is unable er unwilling , as determined b^ the direc tor, to perform corrective action as provided for in subsection (a) of this Code section er so ewner e* operator ea fee feaad, the director may undertake preventive or correc tive actions utilizing funds from the Underground Storage Tank Trust Fund.
{e> The owner or operator of an underground storage tank shall be liable for all costs of preventive, corrective, and enforcement actions incurred-by the State of Georgia as a result of a release or a substantial threat of release of a petroleum product from an underground storage tank unless the owner or operator, or both, are participants in the underground storage tank trust fund and enter enters into a consent agreement with the

FRIDAY, FEBRUARY 18, 1994

1079

tie. In such consent agreement, At at a minimum, the owner or operator, or both, must agree that:
(1) Whenever costs have been incurred by the director pursuant to this subsection <& <rf Gede Section 12-13-9 w subsection {b) <rf ede Section 12-13-11, for taking cor rective or enforcement action, the owner or operator shall be liable for the first $10,000.00 per occurrence for corrective actionf z such funds to be paid into the Under ground Storage Tank Trust Fund within 90 days of notice by the director;
(2) The State of Georgia and the Underground Storage Tank Trust Fund are relieved of all liability for loss of business, damages, and taking of property associated with the corrective action;
(3) The division or its contractors may enter upon the property of the owner or operator or the real property where the underground storage tank of the owner or operator is located if the real property owner and the underground storage tank owner or operator are not the same person, at such time and in such manner as deemed nec essary; to effectuate th necessary corrective action to protect health and the environmentj such right-of-entry by the division or its contractors being implied bjr the willingness of the real property owner to allow the underground storage tank of the owner or operator to be placed on the real property of the real property owner;
(4) The owner or operator shall be fully responsible for replacement or retrofitting or both of leaking tanks and associated piping or shall allow division contractors to refill excavated areas; resulting from removal of leaking tanks and associated piping; with clean earth to its original elevation;
(5) The liability of the state and the state Underground Storage Tank Trust Fund shall not exceed $1 million per occurrence; and
(6) Such other provisions as are deemed appropriate by the board to ensure ade quate protection of health and the environment. 4d} (c) To encourage voluntary corrective action, an owner or operator conducting corrective action under this chapter and participating in the underground storage tank trust fund, either through his the owner's or operator's own personnel or through response action contractors or subcontractors, is entitled^ as evidenced by an executed corrective action agreement with the division, to reimbursement of reasonable cost from the trust fund, subject to the following provisions:
(1) Prior to initiating such corrective action, the owner or operator must submit to and receive approval from the division of the proposed corrective action plan, together with projected costs of the corrective actionz and once approved the owner or operator shall not substantially deviate from the approved costs and corrective actions without the prior approval of the division;
(2) The owner or operator or his the owner's or operator's agents shall keep and preserve suitable records demonstrating compliance with the approved corrective action plan and all invoices and financial records associated with costs for which reim bursement will be requested;
(3) Within 30 days ef Upon receipt of a complete corrective action plan, the divisiea director shall make a determination and provide written notice as to whether the owner or operator responsible for corrective action is eligible or ineligible for reim bursement of costs. Should the division director determine the owner or operator is ineligible, it he or she shall include in its his or her written notice an explanation set ting forth in detail the reasons for the determination;
(4) The owner or operator shall submit to the director a written notice that correc tive action has been completed within 30 days of completing corrective action;
(5) No later than 30 days from the submission of the notice as required by para graph (4) of this subsection, the owner or operator must submit an application for reimbursement of costs in accordance with criteria established by the director. The application for reimbursement must include the total amount of the corrective action and the amount of reimbursement sought;
(6) The first $10,000.00 of eligible costs incurred by the owner or operator are not eligible for reimbursement from the trust fund nor are costs for replacement or retrofitting of leaking tanks and associated piping; and

1080

JOURNAL OF THE HOUSE,

(7) No costs may be reimbursed to the owner or operator until such time as correc tive action has been completed in accordance with the plan approved by the division; provided, however, that interim payments may be made if the corrective action is being conducted in accordance with a plan approved by the division which allows interim payments. {} (d) Notwithstanding the provisions of subsection subsections (b) and (c) of this Code section, should the division find that any of the following situations exist, the owner or operator, or both, shall be liable for 100 percent of costs associated with pre ventive, corrective, or enforcement actions necessary to protect health or the environ ment:
(1) Release The release was due to willful or negligent actions by the owner or operator;
(2) Gwaer The owner or operator is in arrears for moneys owed to the Under ground Storage Tank Trust Fund;
\o7i He pcicfl.sc ts iPOEft s tdnic not registered m &CCOPu&ncc witn OOQG beetion
\47--1 fie owner o? opetfitor ifiiis to connply witn flny provision of tiie fl^jreement required by subsection {e} ef this Code section;
|&) (3) The owner or operator moves in any way to obstruct the efforts of the divi sion or its contractors to effectuate corrective action; or
{6)--T-he ewnef er operator has failed te comply with any provisions ef-this chapter &r ftttes promulgated hcrcundcr; er
?) (4) The owner or operator of a petroleum product underground tank has stored a petroleum product, after July 1, 1988, in such tank which has not been subjected to the environmental assurance fee imposed in subsection (a) of Code Section 12-13-10 and the late participation fee provided for in subsection (c) of Code Section 12-13-10. (e) Notwithstanding the provisions of subsections (b) and (c) of this Code section, should the division find, based upon rules promulgated by the board, that any of the following situations exist, the owner or operator, or both, may be liable for up to 100 percent of costs associated with preventive, corrective, or enforcement actions necessary to protect health or the environment:
(1) The release is from a tank not registered in accordance with Code Section 12-13-13;
(2) The owner or operator fails to comply with any provision of the agreement required by subsection (b) or (c) of this Code section; or
(3) The owner or operator has failed to comply with any provisions of this chapter or rules promulgated under this chapter. (Q__If no underground storage tank owner or operator can be found, the director may undertake preventive or corrective actions utilizing funds from the Underground Storage Tank Trust Fund or any appropriate federal funds as provided by the federal act, and any real property owner by virtue of the fact that he or she has allowed these under ground storage tanks to exist or be placed on his or her real property shall be deemed to have granted permission to the division or its contractors or agents to enter its real property to investigate and take samples and, when deemed necessary by the director, to effectuate the necessary corrective action to protect health and the environment."
Section 7. Said chapter is further amended by striking in its entirety Code Section 12-13-12, relating to the recovery by the state of the costs incurred in the event of a dis charge or threat of a discharge of a regulated substance, and inserting in lieu thereof the following:
"12-13-12. (a) Except as otherwise provided for in subsection subsections (b) and (c) of Code Section 12-13-11, in the event of any discharge or threatened discharge of a regulated substance, the state or any of its agencies may recover in a civil action from any owner, operator, or other responsible person all costs incurred by the state or any of its agencies or moneys from the Federal federal Leaking Underground Storage Tank Trust Fund in the assessment and the cleanup of any release of a regulated substance and all costs incurred in the prevention, abatement, or removal of any threatened dis charge of a regulated substance, including reasonable attorneys' attorney fees and any

FRIDAY, FEBRUARY 18, 1994

1081

other necessary costs of response incurred by the state or any of its agencies. All sweh moneys recovered for costs incurred under the Underground Storage Tank Trust Fund shall be deposited into the principal of the Underground Storage Tank Trust Fund. The state shall have a lien on the all property of owners and operators until funds are paid and on the real property on which the underground storage tanks which caused the dis charge are located, even if owned by a person other than the owner or operator, pro vided the owner or operator is in privy with the real property owner.
(b) The lien provided for above shall be perfected by filing a certified copy of any judgment obtained against the owner or operator with the Clerk of Superior Court for entry on the general execution docket in the county in which any real property of the owner or operator is located or where the real property on which the leaking under ground storage tanks were operated is located."
Section 8. Said chapter is further amended by striking in its entirety Code Section 12-13-13, relating to notice by a tank owner to the Environmental Protection Division, and inserting in lieu thereof the following:
"12-13-13. (a) Unless such notification has been previously provided to the division or to the U.S. Environmental Protection Agency in accordance with the federal act, any person who owns an underground storage tank shall notify the division, on forms pro vided by the division, within a reasonable number of days which the director shall spec ify, indicating the age, size, type, location, and uses of such tanks, identifying the regulated substances stored, and providing any other information which may be deemed relevant under such conditions as the director may prescribe.
(b) Unless such notification has been previously provided to the division or to the U.S. Environmental Protection Agency in accordance with the federal act, any person who owns an underground storage tank taken out of service after January 1, 1974, shall notify the division in writing, on forms provided by the division, within a reasonable number of days which the director shall specify, indicating the date the tank was taken out of operation, the age of the tank at the date taken out of operation, the size, type, and location of the tank, and the type and quantity of substances left stored in such tank on the date taken out of operation and shall provide any other information which may be deemed relevant under such conditions as the director may prescribe.
(c) Any owner who brings into use an underground storage tank after July 1, 1988, shall notify the division, on forms provided by the division, within 30 days of the exis tence of such tank, specifying the age, size, type, location, and uses of such tank.
(d) Beginning 30 days after the board issues new tank performance standard rules and regulations pursuant to Code Section 12-13-5, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner's notification requirements pursuant to this Code section.
(e) (1) The owner or operator of an underground storage tank in use or capable of being used shall provide to the division an annual underground storage tank notifica tion for all underground storage tanks for which an initial notification has previously been given or should have been given pursuant to this Code section. Such notification shall be provided on forms as prescribed by the division and shall be submitted in accordance with rules and regulations promulgated by the board. It shall be a viola tion of this Code section for an owner or operator of an underground storage tank to fail to file an annual notification for an underground storage tank in accordance with such rules and regulations. The division shall issue confirmation of notification to the owner or operator for each facility with regulated underground storage tanks for which annual underground storage tank notifications have been submitted.
(2) Beginning 180 days after rules and regulations are promulgated by the board establishing the requirements for annual tank notification and confirmation of notifi cation as provided in paragraph (1) of this subsection, it shall be a violation of this Code section for any person to place or cause to be placed regulated substances in an underground storage tank for which the tank owner or operator has failed to provide the annual tank notification to the division as required in this subsection."
Section 9. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-13-14, relating to administrative actions for violations of this chapter

1082

JOURNAL OF THE HOUSE,

or the rules or regulations of the Board of Natural Resources or the release of a regulated substance into the environment, and inserting in lieu thereof the following:
"(b) Whenever the director has reason to believe that there is or has been a release of a regulated substance into the environment from an underground tank, regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person^ including any current owner or oper ator or any past owner or operator who has contributed to such release. The order may direct that necessary corrective action may be taken within a reasonable time to be pre scribed in the order."
Section 10. Said chapter is further amended by striking in its entirety Code Section 12-13-18, relating to compliance with the chapter and proof of compliance, and inserting in lieu thereof the following:
"12-13-18. (a) It shall be unlawful for any person to engage in the storage of regu lated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter or any of the rules, regulations, and orders established under this chapter. The owner or operator of any underground storage tank for petroleum shall maintain proof that all petroleum stored in his tanks such tank after July 1, 1988, was subjected to the environmental fee imposed in subsection (a) of Code Section 12-13-10.
(b) Notwithstanding the provisions of subsection (a) of this Code section, it shall be a violation of this chapter to:
(1) Cause or permit the release of a regulated substance from an underground stor age tank into the environment; or
(2) Install an underground storage tank that does not meet the minimum stan dards pursuant to this chapter or the rules promulgated pursuant to this chapter. (c) Any real property owner adjoining a leaking underground storage tank site who refuses to allow either the owner or operator or the division, through its agents or con tractors, access for purposes of providing corrective action for any pollution that may have migrated onto the adjoining real property from the leaking underground storage tank site shall be responsible for the remediation and cleanup of that pollution plume should it migrate off that real property onto the real property of another."
Section 11. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 12-13-19, relating to the imposition of penalties for violations, and insert ing in lieu thereof the following:
"(b) Any person who knowingly fails to notify or submits false information pursuant to Code Section 12-13-13 any provision of this chapter shall be subject to a civil penalty not to exceed $10,000.00 for each tank for which notification is not given or for each time false information is submitted."
Section 12. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 12-13-19, relating to the imposition of penalties for violating such chapter, which reads as follows:
"(c) Any owner or operator of an underground storage tank shall be subject to a civil penalty not to exceed $10,000.00 for each tank for each day of violation if he fails to comply with:
(1) Any requirement, standard, rule, or regulation promulgated by the board; and (2) The provisions of Code Section 12-13-7.", and inserting in lieu thereof the following: "(c) Any person who violates any provision of this chapter or any requirement, stan dard, rule, or regulation promulgated by the board pursuant to this chapter shall be sub ject to a civil penalty not to exceed $10,000.00 for each day of violation for each underground storage tank in violation thereof."

FRIDAY, FEBRUARY 18, 1994

1083

Section 13. Said chapter is further amended by striking in its entirety Code Section 12-13-20, relating to emergency orders, and inserting in lieu thereof the following:
"12-13-20. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director^ with the concur' fence ef- the Governor may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it."
Section 14. The provisions of this Act shall be severable, and if any phrase, clause, sentence, or provision of this Act is declared by a court of competent jurisdiction to be contrary to the Constitution or if the applicability thereof to any government, agency, per son, or circumstance is held invalid, the validty of the remainder of this Act and the appli cability thereof to any government, agency, person, or circumstance shall not be affected thereby.
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

YAshe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
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
Coleman, B
Coleman, T

N Colwell Connell
YCox 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 Ehrhart YEpps Y Evans
Felton Floyd, J.M Floyd, J.W
YGodbee Y Golden
Goodwin Y Greene Y Groover Y Hammond
Manner Y Harris, B Y Harris, M
YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Howard Y Hudson
Hughes
Y Hugley Ylrvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
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
Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam
Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett YParham E Parrish Y Patten
Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston
Y Powell Y Purcell, A Y Purcell, B 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 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, P Y Stephenson Y Streat
Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs
Y Vaughan Y Walker Y Wall
Y Wataon 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 154, nays 1.

1084

JOURNAL OF THE HOUSE,

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 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.

The following Senate substitute was read:

A BILL
To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to homicide, so as to define a certain term; to prohibit certain acts which assist in the commission of suicide; to provide for exceptions; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to homicide, is amended by inserting at the end thereof the following:
"16-5-5. (a) As used in this Code section, the term 'suicide' means the intentional and willful termination of one's own life.
(b) Any person, including without limitation a certified, registered, or licensed health care professional, who intentionally and actively assists another person in the commis sion of suicide or who provides or prescribes any drug or instrument with the intent to assist another person in the commission of suicide is guilty of a felony and, upon convic tion thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine of not less than $2,000.00, or both.
(c) Any person, including without limitation a certified, registered, or licensed health care professional, who provides palliative care as such term is defined in Code Section 31-7-172 or who otherwise administers, prescribes, or dispenses any drug or instrument to diagnose or treat a condition or relieve a person's pain, suffering, or discomfort, even if the drug or instrument may hasten or increase the risk of death, shall not be deemed to violate subsection (b) of this Code section unless the drug or instrument is adminis tered, prescribed, or dispensed with the intent to assist another person in the commis sion of suicide.
(d) The provisions of subsection (b) of this Code section shall not be applicable to the withholding or withdrawing of treatment under a living will or a durable power of attorney for health care; to the withholding or withdrawal of treatment by a certified, registered, or licensed health care professional; or to hospice provided by one or more members of a hospice care team, as such terms are defined in Code Section 31-7-172, and such provisions shall not be deemed to affect any other laws, in whole or in part, that may be applicable to such withholding or withdrawal of medical or health care treatment."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Crews of the 78th moved that the House agree to the Senate substitute to HB 415.
On the motion, the roll call was ordered and the vote was as follows:

FRIDAY, FEBRUARY 18, 1994

1085

Y Ashe N Atkins Y Bailey N Baker Y Bannister N Barfoot
Bargeron
N Barnes Bates
Y Benefield N Birdsong N Bordeaux
Bostick Breedlove Y Brooks, D Brooks, T Brown
Buck N Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
N Canty N Carlisle
Carrell Carter N Cauthorn N Chambless N Chandler N Channel! N Childers Y Clark N Coker
Y Coleman, B N Coleman, T

N Colwell N Connell NCox
Crawford Y Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M
N Dickinson NDix N Dixon, H Y Dixon, S N Dobbs Y Ehrhart
N Epps Evans
N Felton Floyd, J.M Floyd, J.W
NGodbee N Golden
Good win
Greene N Groover
N Hammund N Manner N Harris, B
Harris, M YHart
N Heard N Hegstrom Y Hembree N Henson Y Holland N Holmes

Howard N Hudson Y Hughes Y Hugley Ylrvin N James
Jamieson Y Jenkins Y Johnson, D.H
Johnson, E
Y Johnson, G Y Johnson, J
Johns ton Jones Y Joyce YKaye N Kinnamon Y Klein YLadd
Lakly N Lane, D N Lane, R Y Lawrence N Lawson YLee Y Lewis NLord
Lucas Maddox YMann N Martin N McBee E McClinton McKinney NMilam Y Mills

Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver N O'Neal N Orrock N Padgett N Parham E Parrish
Patten Pelote N Perry Y Pinholster NPoag N Polak Porter N Poston N Powell Y Purcell, A Y Purcell, B N Randall
N Randolph NRay N Reaves N Reichert N Roberts N Royal
N Scoggins Y Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

N Smith, C N Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Smyre N Snow N Stancil, F
Y Stancil, S N Stanley, L
N Stanley, P N Stephenson
Streat Y Taylor N Teague NTeper N Thomas
Tillman N Titus Y Towery
Trense N Turnquest
Twiggs Y Vaughan Y Walker YWall N Watson
N Watts Y Westmoreland N White Y Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 56, nays 85. The motion was lost.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1754.

By Representatives Chambless of the 163rd, White of the 161st and Roberts of the 162nd:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to provide that certain provisions for merly applicable to counties having a population of more than 100,000 shall apply to counties having a population of more than 96,000; to provide for certain additional eligibility requirements for judges of the probate courts in such counties.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnes Bates Y Benefield

Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D
Brooks, T Brown YBuck Y Buckner Bunn

Y Burkhalter YByrd Y Campbell
Y Canty Y Carlisle
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
Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H
Y Dixon, S Y Dobbs

1086

JOURNAL OF THE HOUSE,

Y Ehrhart Y Epps
Evans Y Felton
Floyd, J.M Floyd, J.W Y Godbee Y Golden Goodwin Y Greene Y Groover
Y Hammond Y Manner Y Harris, B N Harris, M
Hart Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley

Y Irvin Y James
Jamieson Y Jenkins Y Johnson, D.H
Johnson, E Y Johnson, G Y Johnson, J
Johnston Y Jones Y Joyce
Y Kaye Y Kinnamon Y Klein Y Ladd YLakly Y Lane, D
Y Lane, R Lawrence
Y Lawson Y Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann

Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J
Moore Y Mosley Y Mueller
E Oliver Y O'Neal Y Orrock Y Padgett Y Parham E Parrish
Y Patten Pelote
Y Perry N Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell

Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray
Reaves Reichert Y Roberts Y Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp Y Simpson Y Sinkfield 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 N Stancil, S

Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas 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 Whit* Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the passage of the Bill, the ayes were 144, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1760.

By Representatives Harris of the 112th, Royal of the 164th, Buck of the 135th and Skipper of the 137th:
A bill to amend Code Section 48-5-7.4 of the Official Code of Georgia Anno tated, relating to bona fide conservation use property, so as to specify condi tions under which certain persons may enter limited-duration covenants under a prior table of values.

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to specify conditions under which certain persons may enter limited-duration covenants under a prior table of values; to provide for powers, duties, and authority of the state revenue commissioner with respect to the forego ing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by adding a new subsection at the end thereof, to be designated subsection (v), to read as follows:
"(v) The commissioner shall continue to compute a table of values established under subsection (a) of Code Section 48-5-269, in accordance with the law applicable to the tax year beginning on January 1, 1992, to be used to value property entered into a cove nant during that tax year and the covenants valued thereunder for the remainder of the covenant period applicable to such persons shall be known as '92-Style' conservation use covenants. Such duty shall terminate with the tax year beginning January 1, 2001. With respect to any county for which the 'A2* benchmark value for agricultural land in the table of values established by the commissioner for the tax year beginning on January 1, 1993, exceeds by 50 percent or more the 'C2' benchmark value for cropland in the table of values established by the commissioner for the tax year beginning on January 1, 1992, a person within such county desiring to enter into a conservation use covenant

FRIDAY, FEBRUARY 18, 1994

1087

for any taxable year beginning on or after January 1, 1994, shall be authorized, at such person's option, to enter a 92-Style conservation use covenant. A person entering such covenant shall be governed by the prior law applicable to such covenants and the appli cable table of values and such covenant shall expire on December 31, 2001."
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 Harris of the 112th, Royal of the 164th, Skipper of the 137th, Smith of the 109th and Buck of the 135th move to amend the Committee substitute to HB 1760 by inserting between "as" and "to" on line 3 of page 1 the following:
"to provide for certain transfers of property which shall not constitute a breach of a covenant;".
By striking from lines 10 through 12 of page 1 the following:
"Section 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is",
and inserting in its place the following:
"Section 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended in subsection (p) by striking 'or' at the end of paragraph (2); by striking the period at the end of paragraph (3) and insert ing in its place '; or'; and by adding a new paragraph immediately following paragraph (3), to be designated paragraph (4), to read as follows:
'(4) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph.'
Section 2. Said Code section is further".
By striking "Section 2." and inserting in its place "Section 3." on line 12 of page 2.
By striking "Section 3." and inserting in its place "Section 4." on line 15 of page 2.

The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron
Y Barnes Y Bates

YBenefield Y Birdsong Y Bordeaux
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 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 Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M

1088

JOURNAL OF THE HOUSE,

Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Felton
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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkihs
Johnson, D.H 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 Y Mann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley
Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett
Y Parham E Parrish
Patten Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter

Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp Y Sirapson Y Sinkfield 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, P Y Stephenson
Streat Y Taylor Y Teague Y Teper Y Thomas 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

On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 942. By Representative Reichert of the 126th:
A resolution commending the Georgia Junior Miss Scholarship Program; congratulating the 1994 Georgia Junior Miss, Miss Nicole Guignon Kardell, and inviting her to appear before the House of Representatives.

Pursuant to HR 975, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 21, 1994.

MONDAY, FEBRUARY 21, 1994

1089

Representative Hall, Atlanta, Georgia Monday, February 21, 1994

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 Buckner
Bunn Burkhalter Byrd Campbell Carlisle Carrell Carter CChauamthbolrenss
Chandler
Channell
Childers
Clark
Coker

Coleman, B Coleman, T Colwell Connell Cox Crawford Crews Culbreth Cummings Davis, G Davis, M Dickinson Dix Dixon, H Dixon, S Dobbs Epps
Evans Felton Floyd, J.M Ployd, J.W Godbee Golden Greene GHraomomveor nd
Manner
Harris, B
Harris, M
Hart
Heard

Hegstrom Hembree Holland Howard Hudson Hughes Hugley James Jenkins Johnson, D.H Johnson, E Johnson, G Johnson, J Jones Joyce Kaye Kinnamon
Klein Ladd Lakly Lane, D Lane, R Lawrence Lawson LLeoerd
Lucas
Maddox
Mann
Martin
McBee

Milam Mills Mobley, J Moore Mosley Mueller O'Neal Padgett Parham Patten Pelote Perry Pinholster Poag Polak Porter Poston
Powell Purcell, A Purcell, B Randall Randolph R Reaves 5Re?' cuher.t
Roberts
Ryal
Scoggins
Shanahan
Sherrill

Shipp Skipper Smith, C Smith, L Smith, P Smith, T Smith, V Smith, W Snow Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teper Titus
Towery Trense Twiggs Vaughan Wall Watson Watts wWes.tmorliandj
White
Williams, B
Yates
Yeargin
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Stancil of the 91st, Williams of the 114th, Ehrhart of the 36th, Jamieson of the 22nd, Canty of the 52nd, Tillman of the 173rd, Goodwin of the 79th, Mobley of the 69th, Orrock of the 56th, Lewis of the 14th, Irvin of the 45th, Brown of the 117th, Turnquest of the 73rd, McKinney of the 51st, Sinkfield of the 57th, Henson of the 65th, Thomas of the 100th and Teague of the 58th.
They wish to be recorded as present.

Prayer was offered by the Reverend Dan Whitaker, Pastor, First Baptist Church of Forsyth, Forsyth, 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.

1090

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 intro duced, read the first time and referred to the committees:

HB 1868. By Representative Teper of the 61st:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title.
Referred to the Committee on Industry.

HB 1869. By Representatives Westmoreland of the 104th and Lakly of the 105th:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Anno tated, relating to the membership of the county boards of health, so as to add two new members to the membership of the board.
Referred to the Committee on Health & Ecology.

HB 1870. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1871. By Representatives Johnson of the 84th, Breedlove of the 85th, Bannister of the 77th, Dickinson of the 83rd, Dix of the 76th and others:
A bill to create the Vines Botanical Gardens Enhancement and Development Authority of Gwinnett County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1872. By Representative McKinney of the 51st:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in traffic cases, so as to provide that the provisions of such article shall not be applicable to the City Court of Atlanta.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 21, 1994

1091

HB 1873. By Representative Golden of the 177th:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to reporting of child abuse, so as to provide that victim advo cates may report child abuse.
Referred to the Committee on Judiciary.

HB 1874. By Representatives Cauthorn of the 35th, Cox of the 160th and Snow of the 2nd:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to change the method for computing minimum compensation for magistrates, chief magistrates, and senior magistrates.
Referred to the Committee on Judiciary.

HB 1875. By Representative Cauthorn of the 35th:
A bill to amend Code Section 16-1-8 of the Official Code of Georgia Anno tated, relating to when prosecution is barred by former prosecution, so as to remove the bar against prosecution if the accused was formerly prosecuted in a federal district court for a crime which is within the concurrent jurisdic tion of the state in certain circumstances.
Referred to the Committee on Judiciary.

HB 1876. By Representatives Carrell of the 87th and Stancil of the 91st:
A bill to amend an Act incorporating the City of Social Circle, so as to pro vide for a city manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1877. By Representative Hembree of the 98th:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a domestic vio lence intervention program.
Referred to the Committee on Judiciary.

HB 1879. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 980. By Representatives Stancil of the 16th, Lawrence of the 64th, Smith of the 174th, Harris of the 17th, Pinholster of the 15th and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution.
Referred to the Committee on Rules.

1092

JOURNAL OF THE HOUSE,

HR 981. By Representatives Clark of the 40th, Coleman of the 80th, Hart of the 116th, O'Neal of the 75th, Taylor of the 134th and others:
A resolution creating the Joint Special Education Reform Committee.
Referred to the Committee on Rules.

HR 982. By Representatives Parrish of the 144th, Parham of the 122nd and Streat of the 167th:
A resolution recommending that the Georgia Commission on Health Care include in its recommendations to the Governor and the General Assembly a provision for the elimination of discriminatory pricing practices by pharma ceutical manufacturers; recommending that the Georgia congressional delega tion be urged to include a provision for the elimination of discriminatory pricing practices by pharmaceutical manufacturers in any health care reform proposal adopted by the Congress.
Referred to the Committee on Health & Ecology.

HR 983. By Representatives Teper of the 61st, Porter of the 143rd and Poston of the 3rd:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 984. By Representatives Buckner of the 95th, Carlisle of the 107th and Burkhalter of the 41st:
A resolution creating the Joint Study Committee on Recreational River Use.
Referred to the Committee on Rules.

HR 985. By Representatives Jamieson of the 22nd, Barnes of the 33rd and Porter of the 143rd:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the com mittees:

HB 1892. By Representatives C ham bless of the 163rd, Barnes of the 33rd and Burkhalter of the 41st:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide for immunity for certain resident physicians and supervising physicians partici pating in residency training programs.
Referred to the Committee on Judiciary.

HR 1001. By Representative Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 21,1994

1093

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1844 HB 1845 HB 1846 HB 1847 HB 1848 HB 1849 HB 1850 HB 1851 HB 1852 HB 1853 HB 1854 HB 1855 HB 1856 HB 1860 HB 1861 HB 1862 HB 1863 HB 1864

HB 1865 HB 1866 HB 1867 HB 1878 HR 963 HR 964 HR 965 HR 966 HR 967 SB 507 SB 528 SB 541 SB 547 SB 555 SB 607 SB 613 SB 626 SB 628

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1827 Do Pass HB 1829 Do Pass HB 1831 Do Pass

HB 1833 Do Pass HB 1834 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 21, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enu merated below:

HB 1332 HB 1469 HB 1488 HB 1499 HB 1531 HB 1541 HB 1547 HB 1557 HB 1570

Home care providers; licensing Handicapped persons; guide dogs; accompany trainers Insurance; refiling of certain documents; fee Sheriffs; deposits in interest-bearing accounts Loitering; violations of county ordinances Wild animals; amend provisions; expand list Drivers' licenses; reduced fees; anatomical gifts School breakfast programs; establish Firefighters; primary authority at scene of fire

1094

JOURNAL OF THE HOUSE,

HB 1642 Intangible recording tax; certain counties; collection
HR 907 Georgia Ports Authority; convey property in Columbus
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1827.

By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation 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 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1829.

By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1831.

By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provision relating to the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1833.

By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th, Ehrhart of the 36th, Towery of the 30th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.

MONDAY, FEBRUARY 21, 1994

1095

The report 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.

HB 1834. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the provisions thereof relating to the issuance of franchises by the city in its exercise of control over the use of streets, alleys, and public ways 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 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 Senate and House:

SB 654. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from all Glynn County ad valorem taxes for county purposes for certain residents in the amount of $6,000.00 of the assessed value of that homestead; to provide a homestead exemption from all Glynn County ad valorem taxes, including taxes levied for the reduc tion of bonded indebtedness, for certain residents of Glynn County who are 62 years of age or older who have a net income of less than $10,000.00 or are 65 years of age or older who have a net income of less than $10,000.00 in the amount of $12,000.00 of the assessed value of that homestead.

SB 655. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclu sions; to require submission of this Act to the United States Attorney Gen eral for certain approval.

SB 656. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for cer tain approval.

1096

JOURNAL OF THE HOUSE,

HB 1562.

By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Crawford County School Dis trict 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 have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.

HB 1688.

By Representative Greene of the 158th:
A bill to amend an Act reconstituting the Board of Education of Clay County, so as to change the provisions relating to the qualifications of mem bers of the board; to change the provisions relating to compensation.

HB 1753.

By Representatives Bordeaux of the 151st, Johnson of the 153rd, Mueller of the 152nd, Johnson of the 148th and Pelote of the 149th:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.

HB 1756.

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.

HB 1773.

By Representative Scoggins of the 24th:
A bill to amend an Act creating a new charter for the City of Winterville, so as to provide for the filling of a vacancy in the office of mayor or city councilmember; to establish the Municipal Court of the City of Winterville.

HB 1757. 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.

SB 432. By Senators Gillis of the 20th, Hemmer of the 49th and Hill of the 4th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," so as to redefine a certain term; to provide hazardous waste management fees for hazardous waste burned for energy recovery; to provide maximum pay ments for hazardous waste water which is treated on site.

SB 530. By Senators Marable of the 52nd, Dean of the 31st and Henson of the 55th:
A bill to amend Code Section 25-2-40 of the Official Code of Georgia Anno tated, relating to smoke detectors in new dwellings, so as to provide that all dwellings, dwelling units, houses, condominiums, townhouses, motels, hotels, and dormitories shall have installed smoke detectors in good working order.

SB 537. By Senators Balfour of the 9th and Turner of the 8th:
A bill to amend Chapter 8 of Title 45 of the Official Code of Georgia Anno tated, relating to accounting for public funds, so as to change the provisions relating to the designation of depositories for the funds of counties and boards of education.

MONDAY, FEBRUARY 21, 1994

1097

SB 553. By Senator Blitch of the 7th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the Senate and qualifications of its mem bers, so as to change the composition of certain senatorial districts; to provide for an effective date and applicability.

SB 563. By Senators Isakson of the 21st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide for civil penalties for certain notifications regarding surveys of nursing homes or intermediate care homes.

SB 602. By Senators Turner of the 8th and Balfour of the 9th:
A bill to amend Code Section 50-17-59 of the Official Code of Georgia Anno tated, relating to deposits of securities in lieu of bonds of state depositories, so as to provide that securities guaranteed by the Federal Home Loan Mort gage Corporation, the Federal National Mortgage Association, and certain other entities may be pledged as collateral to secure public deposits.

SB 644. By Senator Hill of the 4th:
A bill to amend Code Section 20-2-989.1 of the Official Code of Georgia Annotated, relating to classifications for certificated personnel established by the State Board of Education remaining in effect, so as to change the provi sions providing exceptions to the transfer of functions to the Professional Standards Commission.

SB 647. By Senators Hill of the 4th, Ragan of the llth, Taylor of the 12th and Gillis of the 20th:
A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational program weights and funding, so as to provide for migrant student grants for schools; to provide for a definition.

HB 1194.

By Representative Watson of the 139th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the defini tion of the term "employment"; to change the provisions relating to the exclusion of certain independent contract carriers of publishers or distribu tors of printed materials from the term "employment".

HB 1263. .

By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 8-2-23 of the Official Code of Georgia Anno tated, relating to the amendment and revision of certain state codes, so as to change a reference to the Office of Energy Resources; to provide for the transfer of assets and liabilities of and personnel employed by or assigned to the Office of Energy Resources to such authority.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

1098

JOURNAL OF THE HOUSE,

HB 1226. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to issue certain temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.

HB 1227.

By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that ix>r purposes of certain licensure, the term "conviction" includes first offender treatment and pleas of nolo contendere for certain offenses.

HB 1739. By Representative Hudson of the 156th: A bill to create a board of elections and registration in Ben Hill County.

The Senate has agreed to the House substitute to the following Bill of the Senate:

SB 415. By Senators Coleman of the 1st, Taylor of the 12th, Brown of the 26th, Middleton of the 50th, Alien of the 2nd and others:
A bill to amend Chapter 7 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Industry, Trade, and Tourism, so as to provide that the department may undertake the acquisition, construction, and operation of a convention and trade center in Chatham County, Georgia, and may contract with the City of Savannah, Chatham County, and local authorities for the construction and operation of the convention and trade center.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 560. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd, Madden of the 47th and Baugh of the 25th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for com munity based risk reduction programs and the establishment, requirements, and operation thereof by juvenile courts and courts exercising jurisdiction over juvenile matters; to provide for a definition; to provide for court orders and the contents and purpose thereof; to provide for case plans.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 432. By Senators Gillis of the 20th, Hemmer of the 49th and Hill of the 4th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Site Response Act," so as to redefine a certain term; to provide hazardous waste management fees for hazardous waste burned for energy recovery; to provide maximum pay ments for hazardous waste water which is treated on site.
Referred to the Committee on Natural Resources & Environment.

MONDAY, FEBRUARY 21, 1994

1099

SB 530. By Senators Marable of the 52nd, Dean of the 31st and Henson of the 55th:
A bill to amend Code Section 25-2-40 of the Official Code of Georgia Anno tated, relating to smoke detectors in new dwellings, so as to provide that all dwellings, dwelling units, houses, condominiums, townhouses, motels, hotels, and dormitories shall have installed smoke detectors in good working order.
Referred to the Committee on Public Safety.

SB 537. By Senators Balfour of the 9th and Turner of the 8th:
A bill to amend Chapter 8 of Title 45 of the Official Code of Georgia Anno tated, relating to accounting for public funds, so as to change the provisions relating to the designation of depositories for the funds of counties and boards of education.
Referred to the Committee on Education.

SB 553. By Senator Blitch of the 7th:
A bill to amend Code Section 28-2-2 of the Official Code of Georgia Anno tated, relating to apportionment of the Senate and qualifications of its mem bers, so as to change the composition of certain senatorial districts; to provide for an effective date and applicability.
Referred to the Committee on Legislative & Congressional Reapportionment.

SB 560. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for com munity based risk reduction programs and the establishment, requirements, and operation thereof by juvenile courts and courts exercising jurisdiction over juvenile matters; to provide for a definition; to provide for court orders and the contents and purpose thereof; to provide for case plans.
Referred to the Committee on Judiciary.

SB 563. By Senators Isakson of the 21st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institu tions, so as to provide for civil penalties for certain notifications regarding surveys of nursing homes or intermediate care homes.
Referred to the Committee on Health & Ecology.

SB 602. By Senators Turner of the 8th and Balfour of the 9th:
A bill to amend Code Section 50-17-59 of the Official Code of Georgia Anno tated, relating to deposits of securities in lieu of bonds of state depositories, so as to provide that securities guaranteed by the Federal Home Loan Mort gage Corporation, the Federal National Mortgage Association, and certain other entities may be pledged as collateral to secure public deposits.
Referred to the Committee on Banks & Banking.

1100

JOURNAL OF THE HOUSE,

SB 644. By Senator Hill of the 4th:
A bill to amend Code Section 20-2-989.1 of the Official Code of Georgia Annotated, relating to classifications for certificated personnel established by the State Board of Education remaining in effect, so as to change the provi sions providing exceptions to the transfer of functions to the Professional Standards Commission.
Referred to the Committee on State Planning & Community Affairs.

SB 647. By Senators Hill of the 4th, Ragan of the llth, Taylor of the 12th and oth ers:
A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational program weights and funding, so as to provide for migrant student grants for schools; to provide for a definition.
Referred to the Committee on Education.

SB 654. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from all Glynn County ad valorem taxes for county purposes for certain residents in the amount of $6,000.00 of the assessed value of that homestead; to provide a homestead exemption from all Glynn County ad valorem taxes, including taxes levied for the reduc tion of bonded indebtedness, for certain residents of Glynn County who are 62 years of age or older who have a net income of less than $10,000.00 or are 65 years of age or older who have a net income of less than $10,000.00 in the amount of $12,000.00 of the assessed value of that homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 655. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclu sions; to require submission of this Act to the United States Attorney Gen eral for certain approval.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 656. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for cer tain approval.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 1739. By Representative Hudson of the 156th: A bill to create a board of elections and registration in Ben Hill County.

MONDAY, FEBRUARY 21, 1994

1101

The following Senate substitute was read:

A BILL
To create a board of elections and registration in Ben Hill County; to provide for authority; to empower said board with the powers and duties of the election superintend ent 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 pro cedures; to provide for the qualifications and terms of the members of said board; to pro vide a method for the appointment or election, resignation, and removal of its members; to provide for a chairperson and operating budget of the board and for offices, clerical assistants, and employees; to define its powers, duties, and responsibilities; to provide for compensation for the members of said board; 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. Pursuant to the authorization contained in subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created a Ben Hill County Board of Elections and Regis tration and said board is empowered with the powers and duties of the election superin tendent relating to the conduct of elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures in and for Ben Hill County, Georgia.
Section 2. The Ben Hill County Board of Elections and Registration shall be com prised of five members, each of whom shall be an elector and a resident of Ben Hill County, and who shall be selected in the following manner:
(1) One member shall be appointed by the chairperson of the county executive committee of the political party which receives the highest number of votes within the county for its candidate for Governor in the general election immediately preceding the appointment of the member, and one member shall be appointed by the political party which receives the second highest number of votes within the county for its can didate for Governor in the general election immediately preceding the appointment of the member. Each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purpose. In the event any appointment is not ratified by the vote of a majority of the members of such executive committee at least 60 days imme diately preceding the date on which such members are to take office, then the mem bers of the respective executive committees may elect such members by two-thirds' majority of the membership at such executive committee at least 45 days immediately preceding the date on which such members are to take office; otherwise, such mem bers shall be appointed in accordance with the provisions of Section 4 of this Act; and
(2) Three members shall be appointed by the governing authority of Ben Hill County, Georgia, and one of said members shall be designated by said governing authority as supervisor of registration and elections and that person shall be the administrator and chairperson of the board and shall carry out all duties of voter reg istration and elections. Said person shall hold the position of administrator and chair person for a period of two years. Thereafter, the administrator and chairperson of said board shall be appointed by the governing authority of Ben Hill County as one of the members of said board for a term of two years and nothing shall prevent said govern ing authority from appointing the same person.
Section 3. No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any such member shall be deemed vacant upon such member's qualifying as a candidate for an elec tive public office.
Section 4. No person shall take office as a member of the board unless the respective appointing or electing authority files an affidavit with the clerk of the Superior Court of

1102

JOURNAL OF THE HOUSE,

Ben Hill County no later than 30 days immediately preceding the date on which such member is to take office stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The clerk of the superior court shall record each such certification on the min utes of the superior court and shall certify the name of each appointed or elected member and the name of the supervisor of registration and elections 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 general law for registrars. In the event any appointing or electing authority fails to make a regular appointment or election within the time specified in this section or in Section 2 of this Act or fails to make an interim appointment or election to fill a vacancy in the board within 90 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of Ben Hill County.
Section 5. The initial members appointed or elected to the board shall serve for a term of office beginning May 1, 1994, and expiring at the end of December 31, 1995, and until the selection and qualification of their respective successors. Thereafter, all appoin tees shall serve for a term of two years beginning on the first day of January immediately following the expiration of the respective member's term of office and until a successor is appointed or elected and qualified, except in the event of resignation or removal as pro vided in this Act. Successors shall be appointed in the manner specified in Section 2 of this Act for the appointment or election of the member who is being succeeded. Members shall be eligible to succeed themselves and shall have the right to resign at any time by giving written notice of resignation to the respective appointing or electing authority and to the clerk of the Superior Court of Ben Hill County. Members shall also be subject to removal from the board at any time, for cause, after notice and hearing, by the appointing or electing authority but otherwise in the same manner provided by general law for the removal of registrars.
Section 6. The compensation of the supervisor of registration and elections shall be fixed by the governing authority of Ben Hill County and the compensation of the remain ing members of the board shall be likewise fixed and paid by the governing authority of Ben Hill County.
Section 7. In the event a vacancy occurs in the office of any member other than the supervisor of registration and elections before the expiration of that member's term of office, whether by removal, death, resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve the remainder of the unexpired term and until a successor is regularly appointed or elected.
Section 8. The first members of the board shall take office on May 1, 1994. Provi sions in paragraph (1) of Section 2 and in Section 4 of this Act specifying the time for performing certain duties before a member takes office are waived for the initial members of the board. Before entering upon a member's duties, each member shall take substan tially the same oath as required by general law for registrars and shall have the same priv ileges from arrest.
Section 9. Upon the members of the board taking office, the present board of regis trars of Ben Hill County shall be abolished and shall deliver to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. The election superintendent of Ben Hill County shall likewise be relieved of any responsi bilities pertaining to the conduct of elections and shall deliver to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties.
Section 10. (a) The Ben Hill County Board of Elections and Registration shall be empowered with all powers and duties relating to the conduct of elections as election superintendent pursuant to provisions of Title 21 of the O.C.G.A.

MONDAY, FEBRUARY 21, 1994

1103

(b) The Ben Hill County Board of Elections and Registration is empowered with all of the powers and duties relating to the registration of voters and absentee balloting proce dures as board of registrars 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 Sec tion 21-2-40 of the O.C.G.A. and shall be construed liberally so as to effectuate that pur pose.
(d) The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary for the execution of its duties.
Section 11. The board shall be responsible for the selection, appointment, and train ing of poll workers in primaries and elections, and such workers shall be appointed, insofar as practicable, from lists provided to the board by the county executive committee of each political party.
Section 12. The chairperson of the board of elections and registration 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 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.
Section 13. The governing authority of Ben Hill County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.
Section 14. As used in this Act, the words "election," "elector," "political party," "primary," "public office," "special election," and "special primary" shall have the same meaning ascribed to those words by Chapters 2 and 3 of Title 21 of the O.C.G.A. unless otherwise clearly apparent.
Section 15. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

Representative Hudson of the 156th moved that the House agree to the Senate substi tute to HB 1739.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:

HR 907. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd and others:
A resolution authorizing the disposition by sale of certain properties owned by the Georgia Ports Authority located in Columbus, Georgia, for the pur pose of providing portions of the softball venue for the Games of the XXVI Olympiad.

The following amendment was read and adopted:

Representatives Colwell of the 7th and Buck of the 135th move to amend HR 907 by striking in their entirety Sections 3 and 4 beginning on line 25 of page 4 and continuing through line 2 of page 6.

1104

JOURNAL OF THE HOUSE,

By striking from line 3 of page 6 the following: "Section 5", and inserting in lieu thereof the following: "Section 3". By striking in its entirety Section 6 on lines 10 through 15 of page 6. By renumbering Sections 7 and 8 on page 6 as Sections 4 and 5, respectively.

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
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
Culbreth Y Cummings
Davis, G Y Davis, M
Y Dickinson YDix
Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Epps 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
Henson Y Holland
Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin
James Y Jamieson
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
Lane, R
Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee E McClinton
Y McKinney Milam
Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Orrock
Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter E Poston
Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph
Ray Reaves Reichert Y Roberts Y Royal Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper

Smith, C Y Smith, L
Smith, P Y Smith, T Y Smith, V
Smith, W YSmyre
Snow
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
Teper
Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker
Y Wall Watson
Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1541. By Representative Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to clarify the definition of "alligator" and "wild animal"; to require certain conditions to be met prior to issuance of a wild animal license; to place additional species on the list of inherently dangerous wild animals.

The following Committee substitute was read:

MONDAY, FEBRUARY 21, 1994

1105

A BILL
To amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to clarify the definition of "alligator" and "wild animal"; to require certain conditions to be met prior to issuance of a wild animal license; to place additional species on the list of inherently dangerous wild animals; to expand the list of wild animals for which a license or permit is required; to provide for permits to be issued to persons pos sessing wild animals not previously regulated; to prohibit the release of any wild animal; 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 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," is amended by striking in their entireties paragraphs (1.1) and (75) of Code Section 27-1-2, relating to definitions relative to game and fish, and inserting in lieu thereof, respectively, the following:
I, i. i ^ Aiii3tor U163.HS floy fcptiic commoiy Known 0f ciflssiticci tts flu QHi^fltor P
Crocodylidac Alligator mississippiensis, commonly known as the American alligator." "(75) 'Wild animal' means any vertebrate er invertebrate ef the animal kingdom
which is not wildlife and is not normally a domestic species in this state. This term spe cifically includes any vertebrate er invertebrate ef the animal kingdom which is a hybrid or cross between any combination of a wild anima!2 wildlife, and an animal ef ft domestic species a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals."
Section 2. Said title is further amended by striking in its entirety Code Section 27-5-4, relating to inherently dangerous animals, and inserting in lieu thereof the following:
"27-5-4. (a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section. Unless otherwise speci fied by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of the provisions of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter.
(b) Wild animal licenses will be issued only to persons engaged in the wholesale or retail wild animal business or persons exhibiting wild animals to the public. Wild animal permits will be issued at no cost and only to persons for scientific or educational pur poses or to a pond owner for grass carp or grass carp hybrids where the department has determined that the possession of such carp by the pond owner will not constitute a threat to wildlife; provided, however, that no such permit shall be required for persons buying triploid grass carp from properly licensed wild animal dealers authorized to sell grass carp where the bill of sale is retained by the buyer as proof of such sale and where the triploid grass carp are to be stocked only into a private pond; provided, further, that no such license or permit shall be required solely for the transportation of wild animals through this state where the animals remain in this state no more than 24 hours and are not sold or transferred while in this state.
(c) It shall be unlawful for any person to sell, transfer, deliver, or surrender a wild animal listed in Code Section 27-5-5 or specified by the board by regulation to any other person unless that other person holds a license or permit issued pursuant to this chapter for such wild animal or is exempt from the requirement for such a permit or license by the provisions of subsection (d) of this Code section.
(d) No wild animal license or permit shall be required for a carrier regulated either by the Interstate Commerce Commission, the Civil Aeronautics Board, or the Public Service Commission to import or transport any wild animal.

1106

JOURNAL OF THE HOUSE,

(e) Any licenses issued by the department to any person for public exhibition pur poses shall be conditioned so that the person operating a wild animal exhibition in a nontraveling, fixed facility shall make the facility open to the public for a time no less than 30 hours per week for at least six months each year; and the person operating a wild animal exhibition in a transient facility shall make the facility open to the public for a reasonable period of time and for reasonable hours of the day, depending upon the nature of the exhibition. The department is authorized to issue such licenses in accord ance with this chapter requiring adequate facilities for the humane handling, care, and confinement of wild animals and ensuring public safety. Notwithstanding any other pro vision of this title, exhibitions of wild animals by federal, state, city, county, or munici pal governments or their agencies and transient circuses, which circuses can demonstrate to the satisfaction of the department that 10 percent of the proceeds from such exhibi tions shall be devoted to charitable purposes in this state, shall not be required to pur chase a wild animal license but shall be required to obtain the license, at no charge, from the department; provided, however, all other provisions of this chapter and all reg ulations relating to the humane handling, care, and confinement of wild animals must be complied with.
{f-)--Each license or permit te import, transport, seH; transfer, er poascss a wild animal which is listed in this subsection as being inherently dangerous te human beings shall be conditioned upon the licensee er permittee obtaining e* arranging for; providing proof oij fliiQ mflinTflining tft IOPCC QXIQ ciicct- ft iifluiiity insupftHcc policy witn flu insurcmcc company licensed te de business m this state, or with a unauthorized insurer if- permitted tjy Oftflptcr o of ' i. itic oo wnicn covers cicnifis fop injury OP uonid^fc to persons OP propcpiy cfluscd Dy tins flHimfli ift sn Qniount CCJU&T to p4\}ji/uu.vU fof cftctt wiicr ctnimfli p te a maximum ef $600,000.00, provided that this subsection shall net apply te fed eral; state, county, or municipal governments ot the agencies. T-h insurance company snfiii notiiy tnc Qcp&ttmcut rt icflst oy uoys prior to tnc tcrminfltion ot tnc policy i&y the company. The following list contains those animals considered te be inherently dan gerous te human beings;
4W--Class Mammalia: {A)--Order Maraupialia: Family Macropodidac: Genus Macropus (kangaroos) --
Ail 9pOC169}
4B)--Order Primates: {i)----Family Pongidac (gibbons, orang-utan, chimpanzees, siamangs, and
^jJOPHlftS/ *^~ rrlz SpCClCSJ
{)--Family Ccrcopithccidac: <)----Genus Macaco (macaques) -- AH species; {H)--Gcnua Papie (mandrills, drills, ad baboons) -- AH species; (III) Thcropithecus gclada (Gclada baboon);
(C) Order Carnivore: {i)----Family Conidac: (I)----Genus Canis (wolves, jackals, and dingos); (H)--Chrysocyon brachyurus (mancd wolf); (III) Cuon alpinus fred dog); 4IV)--Lycaon pictus (African hunting dog); {)--Family Ursidac (bears) -- AH species; (iii) Family Mustelidae -- Gulo gale (wolverine); {iv)--Family Hyacnidae (hyenas) -- AH species; H----Family Fclidac:

~~ All 9pCC16&J
^H)--Unica nie ^snew leopard); (III) Acinonyx jubatua (cheetah);
concolor except eeryi and cougar; {B)--0fdr Pcrissodactyla! Family Rhinoccrotidac (rhinoceroses) -- AH species; {E)--Order Artiodactyla;

MONDAY, FEBRUARY 21, 1994

1107

fi)----Family Suidac -- Phacocheeras acthiopicua (waft hog); {)--Family Hippopotamidac -- Hippopotamus amphibius (hippopotamus) ; (iii) Family Bovidac!
4-f-)----Genus Taurotragus (elands) -- AH species; {H)--Bosclaphua tragocamclus (nilgais);
(III) Bos sauvcli (koupfcy); (IV) Synccrus eaffer (African buffalo);
Hippotragua aiger
fVI)--Oryx-gazeHa (gcmsbok); (VII) Addax nasomaculatus (addax);
(VIII)--Genus Alcclaphus (hartcbccsta) -- AH species; (I)) Gcnua Connochactcs Igm*-, wildebeest);
(2) Class Rcptilia;
{A)--Order Crocodylia: Family Crocodylidac -- AH species; fB)--Order Squamata:
fi)----Suborder Scrpcntcs! \i)----f ftmiiy fjiCLpiQfre ^coDfflSj corsi suftKesj etc. J ~TM* AH species
Micrurus fulvius (Eastern eeral snake);
fH)--FaHy Vipcridac (adders, vipers, etev) -- AH species; (III) Family Colubridac -- AH poiaonous rcar-fangcd species (Opisthoglypis); {IV)--Family Crotalidae {pit vipers) -- AH species except Anciatrodon contortrix (copperhead), Ancistrodon piscivorous (cottonmouth), Sistrurus
oro*Uus iiofficius ^tiniuef rflttiesiiftKej > t>rotflius adamantetts (Eastern diamondbaek rattlesnake);
fii)--Suborder Laccrtilia: Family Hclodcrmatidac (Gila monsters and beaded iizflFt&7 -- /\ii species |
(3) Class Oatcichthycs: {A)--Order Cypriniformcs (Suborder Characoidci): Family Characidac (tctra,
piranha): Genera Scrrasalmua, Scrrasalmo, Pygoccntrus, Taddyclla, Rooscvclticlla, Pygopristis (piranhas) -- AH species;
{B)--Order Siluriformcs: Family Trichomyctcridac (paraaitic catfiahca): Genera Vandcllia (candiru) and Urinophilua -- AH species;
ft)--Class Chondrichthycs (cartilaginous fish): Order Rajiformcs: FaHly Potamotrygonidac (fresh- water atingray) -- AH species;
46)--AH ether wttd animals considered inherently dangerous te human beings a spccitieo oy re^uiflt-ious ot tiie Dofl-Ptr (f) Except as otherwise provided in this chapter, a wild animal license or permit is required for the possession of any wild animal listed in subsection (b) of Code Section 27-5-5 or as required by regulation of the board. Liability insurance is required for the possession of any wild animal that is classified as being inherently dangerous to people in subsection (a) of Code Section 27-5-5 or as required by regulation of the board. Prior to the issuance of a wild animal license or permit for animals classified as being inher ently dangerous to people, any applicant other than a governmental agency or university research facility must provide proof of liability insurance from a company licensed to do business in this state or an unauthorized insurer if permitted by Chapter 5 of Title 33. Such insurance must be maintained in force and effect and cover claims for injury or damage to persons or property in an amount equal to $40,000.00 for each inherently dangerous animal U to a maximum of $500,000.00. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company. Liability insurance is not required for wild animals that are not considered to be inher ently dangerous to people. {g)--Ay person who en May 1; 1086, possessed a wHd animal which is listed in Code Seetien 27-6-6 er apccificd by the beard by regulation and an- appropriate license e perit fi-e the department for sen animal ay continue te possess stieh wfld animal, provideo tiiflt trie reQUIrement/s t tins ctidpref felfl.t/in to in9urftnce ctnct iiuiiifiuic 11BHQiin^f; care, and confinement ef- wHd animals must be complied with.

1108

JOURNAL OF THE HOUSE,

{fe} (g) Any license or permit issued in accordance with this Code acction chapter shall be valid only for the species and numbers of wild animals referenced on the appli cation and the license or permit, ft shall be unlawful te heW any other wild animals e tfie license OP permitj including tiic proewy or tiie licensed of pcrimi Ltect WHO cuiiixicusj provided, however, the Keease e* permit te held a mother shall cover he* progeny white
ever period is longer. The license or permit to hold a female wild animal shall cover her progeny only while the progeny are physically dependent upon her or until her progeny are two months of age, whichever period is longer. It shall also be unlawful to transfer any license or permit issued by the department from one person to another person.
{i} (h) It shall be unlawful for any person holding a license or permit issued pursuant to this chapter to import, transport, sell, transfer, or possess any wild animal in facilities not approved by the department as described in Code Section 27-5-6.
{j} Q In the event that a determination has been made to revoke, suspend, deny, or refuse to renew any license or permit issued pursuant to this chapter, the applicant for the license or permit may appeal the determination according to the provisions stated in Code Section 27-2-25.
{h) (j) It shall be unlawful for any person holding a license or permit pursuant to this chapter to import, purchase, transport, sell, or transfer any wild animal and fail to record in a record book, within 24 hours after the completion of such a transaction, the date, place, manner, and names and addresses of all persons involved in such a transac tion. It shall also be unlawful to fail to maintain such records for a period of 12 months or to fail to provide the department access to such records during all regular business hours.
(k) Wild animal licenses shall not be issued unless the following conditions are met: (1) The applicant must be at least 18 years of age; (2) Applicants requesting a license for mammals must obtain a license from the
Animal and Plant Health Inspection Service of the United States Department of Agri culture or provide written documentation that the applicant is exempt from such requirements;
(3) Applicants must submit documentation verifying that the proposed construc tion of facilities and the holding of wild animals is not prohibited by county or munic ipal ordinances;
(4) The applicant must obtain required business licenses; and (5) Facilities for holding or exhibiting wild animals must be completely separated from a residence and meet specifications for humane handling, care, and confinement as provided in Code Section 27-5-6."
Section 3. Said title is further amended by striking in its entirety Code Section 27-5-5, which reads as follows:
"27-5-5. Except as provided in this Code section, a license or permit is required for all wild animals listed in this Code section, Code Section 27-5-4, or specified by regula tion of the board pursuant to either Code section:
(1) Class Mammalia: (A) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) -- All species,
except that a European ferret (Mustela putorius furo) may be held as a pet without a license or permit; provided, however, that the ferret is sexually neutered prior to seven months of age and is vaccinated against rabies with a vaccine approved for use on ferrets by the United States Department of Agriculture and administered in accordance with the manufacturer's recommendations; and provided, further, that the owner of a ferret held as a pet is able to provide documentation that said ferret has been neutered and vaccinated as specified in this subparagraph;
(B) Order Proboscidae (elephants) -- All species; (2) Class Osteichthyes (bony fish):
(A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha):
(i) Astyanax faciatus (banded tetra);

MONDAY, FEBRUARY 21, 1994

1109

(ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) -- All species; (B) Order Cypriniformes (Suborder Cyprinoidei): Family Cyprinidae (carp, grass carp, orfe, etc.):
(i) Ctenopharyngodon idella (grass carp); (ii) Hypophthal-michthys molitrix (silver carp); (iii) Aristichthys nobilis (bighead carp); (C) Order Siluriformes: (i) Family Clariidae (air-breathing catfishes) -- All species; (ii) Family Trichomyceteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus -- All species; (iii) Family Heteropneustidae (giant walking catfishes): Genus Heteropneustes -- All species; (D) Order Perciformes (Suborder Channoidei): Family Channidae (snakeheads): Genera Ophicephalus and Channa -- All species; (3) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) -- All species; (4) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, 'aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste-water treat ment system permitted by the Environmental Protection Division of the department. For purposes of this paragraph, exotic fish are all fish species not native to Georgia. This paragraph shall not apply to any species of fish regulated by any other chapter of this title; (5) All other wild animals specified by regulation of the board.", and inserting in lieu thereof the following: "27-5-5. (a) The following animals are considered to be inherently dangerous to human beings and are subject to the license or permit and insurance requirements pro vided for in subsection (f) of Code Section 27-5-4: (1) Class Mammalia: (A) Order Marsupialia: Family Macropodidae: Genus Macropus (Kangaroos) -- All species; (B) Order Primates: (i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and gorillas) -- All species; (ii) Family Cercopithecidae:
(I) Genus Macaca (macaques) -- All species; (II) Genus Papio (mandrills, drills, and baboons) -- All species; (III) Theropithecus gelada (Gelada baboon); (C) Order Carnivora: (i) Family Canidae: (I) Genus Canis (wolves, jackals, and dingos); all species; except that any person possessing hybrid crosses between wolves and domestic animals on July 1, 1994, shall have until July 1, 1995, to apply for a fee-exempt permit to pos sess these animals as pets; provided, however, that the said hybrid is sexually neutered; provided, further, that it shall be unlawful to transfer possession or ownership of said hybrid without prior written approval from the department. Liability insurance shall not be mandatory for wolf hybrids possessed under this fee-exempt permit; (II) Chrysocyon brachyurus (maned wolf);
(III) Cuon alpinus (red dog);
(IV) Lycaon pictus (African hunting dog);
(ii) Family Ursidae (bears) -- All species;
(iii) Family Mustelidae -- Gulo gulo (wolverine);
(iv) Family Hyaenidae (hyenas) -- All species;

1110

JOURNAL OF THE HOUSE,

(v) Family Felidae: (I) Genus Leo or Panthera or Neofelis (lions, tigers, jaguars, and leopards)
-- All species; (II) Unica unica (snow leopard); (III) Acinonyx jubatus (cheetah); (IV) Felis concolor (cougar) -- All subspecies;
(D) Order Proboscidae: Family Elephantidae (elephants) -- All species; (E) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses) -- All species; (F) Order Artiodactyla:
(i) Family Suidae -- Phacochoerus aethiopicus (wart hog); (ii) Family Hippopotamidae -- Hippopotamus amphibius (hippopotamus); (iii) Family Bovidae:
(I) Genus Taurotragus (elands) -- All species; (II) Boselaphus tragocamelus (nilgais); (III) Bos sauveli (kouprey); (IV) Syncerus caffer (African buffalo); (V) Hippotragus niger (sable); (VI) Oryx gazella (gemsbok); (VII) Addax nasomaculatus (addax); (VIII) Genus Alcelaphus (hartebeests) -- All species; (I)) Genus Connochaetes (gnu, wildebeest) -- All species; (2) Class Reptilia: (A) Order Crocodylia: (i) Family Crocodylidae (crocodiles, gavials, etc.) -- All species; (ii) Family Alligatoridae -- (alligators and caimans) -- All species; (B) Order Squamata: (i) Suborder Serpentes: (I) Family Elapidae (cobras, coral snakes, etc.) -- All species; (II) Family Viperidae (adders, vipers, etc.) -- All species; (III) Family Colubridae -- All poisonous rear-fanged species (Opisthoglypis); (IV) Family Crotalidae (pit vipers) -- All species; (ii) Suborder Lacertilia: Family Helodermatidae (Gila monsters and beaded lizards) -- All species; (3) Class Osteichthyes: (A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) -- All species; (B) Order Siluriformes: Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus -- All species; and (4) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) -- All species. (b) Except as provided in this Code section, a license or permit is required for the following wild animals and any others specified by regulation of the board: (1) Class Mammalia: (A) Order Marsupialia (oppossum, wallabies, etc.) -- All species; (B) Order Insectivora (shrews, moles, etc.) -- All species; (C) Order Dermoptera (flying lemurs) -- All species; (D) Order Chiroptera (bats) -- All species;
(E) Order Primates (monkeys, apes, etc.) -- All species except Family Hominidae;
(F) Order Edentata (sloths, armadillos, etc.) -- All species;
(G) Order Pholidota (pangolins or scaly anteaters) -- All species;
(H) Order Lagomorpha (rabbits, hares, etc.) -- All species except Genus Oryctolagus; or any other normally domesticated species;
(I) Order Rodentia (rats, mice, etc.) -- All species except Genus Cavia; Genus Gerbillus; Genus Mesocricetus; Mus musculous; Rattus rattus; Rattus norvegicus; or any other normally domesticated species;

MONDAY, FEBRUARY 21, 1994

1111

(J) Order Cetacea (whales, dolphins, etc.) -- All species; (K) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) -- All species, except that a European ferret (Mustela putorius furo) may be sold, purchased, exhibited, or held as a pet without a license or permit; provided, however, that the ferret owner can provide valid documentation that the ferret was sexually neutered prior to seven months of age and is vaccinated against rabies with a properly admin istered vaccine approved for use on ferrets by the United States Department of Agriculture; (L) Order Tubulidentata (aardvark) -- All species; (M) Order Proboscidea (elephants) -- All species; (N) Order Hyracoidea (conies) -- All species; (0) Order Sirenia (manatees, dugong) -- All species; (P) Order Perissodactyla (odd-toed ungulates) -- All species; (Q) Order Artiodactyla (even-toed ungulates) -- All species except Bison bison (buffalo) and Llama guanicoe, L. glama, and L. pacos (llamas);
(2) Class Aves: (A) Order Falconiformes (hawks, eagles, vultures, etc.) -- All species except that
persons possessing a federal falconry license shall be allowed to possess birds in the Order Falconiformes without obtaining a wild animal license;
(B) Order Galliformes: Family Meleagrididae (turkeys) -- All species not nor mally domesticated;
(C) Order Psittaciformes: Myiopsitta monachus (monk parakeet); (D) Order Cuculiformes: Family Cuculidae (cuckoos) -- All species; (E) Order Strigiformes (owls) -- All species; (F) Order Passeriformes:
(i) Family Alaudidae (larks): Alauda arvensis (sky larks); (ii) Family Pycnonotidae (bulbuls) -- All species; (iii) Family Muscicapidae (thrushes, blackbirds, fieldfare, etc.): Genus Turdus -- All species; (iv) Family Zosteropidae (white eyes): Genus Zosterops -- All species; (v) Family Emberizidae (buntings, etc.): Emberiza citrinella (yellow hammer); (vi) Family Ploceidae (sparrows, weavers, queleas, weaver finches, etc.):
(I) Genus Passer -- All species except Passer domesticus (English house sparrow);
(II) Ploceus capensis (cape weaver); (III) Ploceus philippinus (Baya weaver); (IV) Genus Quelea -- All species; (vii) Family Icteridae (blackbirds, grackles, orioles, etc.): Genera Molothrus, Quiscalus, and Agelaius -- All species; (viii) Family Estrildidae (waxbills, ricebirds, munias, weaver finches, etc.): Padda oryzivora (Java sparrow); (ix) Family Sturnidae (starlings, mynas, etc.) -- All species except Sturnus vulgaris (starling) and Gracula religiosa (Hill mynas); (x) Family Corvidae (crows, ravens, etc.) -- All species; (3) Class Amphibia (Order Anura): (A) Family Bufonidae (toads): Bufo marinus, Bufo paracnemis, Bufo horribilis (giant or marine toad group); (4) Class Osteichthyes (bony fish): (A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha):
(i) Astyanax faciatus (banded tetra); (ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) -- All species;
(B) Order Cypriniformes (Suborder Cyprinoidei): Family Cyprinidae (carp, grass
carp, orfe, etc.):
(i) Ctenopharyngodon idella (grass carp);
(ii) Hypophthalmichthys molitrix (silver carp);

1112

JOURNAL OF THE HOUSE,

(iii) Aristichthys nobilis (bighead carp); (C) Order Siluriformes:
(i) Family Clariidae (air-breathing catfishes) -- All species; (ii) Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus -- All species; (iii) Family Heteropneustidae (giant walking catfishes): Genus Heteropneustes -- All species; (D) Order Perciformes (Suborder Channoidei) Family Channidae (snakeheads): Genera Ophicephalus and Channa -- All species; (5) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) -- All species; and (6) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, 'aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste-water treat ment system permitted by the Environmental Protection Division of the department. For purposes of this paragraph, exotic fish are all fish species not native to Georgia. This paragraph shall not apply to any species of fish regulated by any other chapter of this title. (c) Any person who on July 1, 1994, possessed a wild animal for which a license or permit was not required prior to July 1, 1994, shall have until January 1, 1995, to apply for a fee-exempt permit, provided that the requirements of this chapter relating to insurance and humane handling, care, and confinement of wild animals are met. Such permits shall only be valid for wild animals possessed prior to July 1, 1994, and shall not authorize breeding, importation, sale, or transfer without specific authorization from the department."
Section 4. Said title is further amended by striking in its entirety Code Section 27-5-7, relating to the release of wild animals from captivity, and inserting in lieu thereof the following:
"27-5-7. It shall be unlawful for any person intentionally er knowingly to release from captivity any wild animal as defined in paragraph (75) of Code Section 27-1-2 regulated by this chapter or intentionally et knowingly to import, transport, sell, trans fer, or possess such a wild animal in such a manner so as to cause its release or escape from captivity. In the event a person imports, transports, sells, transfers, or possesses a wild animal in such a manner so as to pose a reasonable possibility that such wild ani mal may be released accidentally or escape from captivity, the department may revoke the license or permit, or both, of such person pursuant to the procedure set forth in Code Section 27-2-25."
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 amendment was read:

Representative Joyce of the 1st, et al. move to amend the Committee substitute to HB 1541 as follows:
By inserting on line 6 of page 2 between the word "animals" and the period the fol lowing:
". The term 'wild animal' shall not include a wolf and domestic animal hybrid and subsequent generations of a wolf and domestic animal hybrids".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

MONDAY, FEBRUARY 21, 1994

N Ashe Y Atkins N Bailey
Baker Y Bannister N Barfoot N Bargeron N Barnes
Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D
N Brooks, T Y Brown
N Buck N Buckner
Y Bunn
N Burkhalter
NByrd N Campbell Y Canty N Carlisle Y Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers Y Clark N Coker Y Coleman, B
Coleman, T

N Colwell
N Connell NCox Y Crawford Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M Y Dickinson YDix
Dixon, H Dixon, S
N Dobbs Y Ehrhart N Epps
Evans Felton N Floyd, J.M
N Floyd, J.W N Godbee
Golden N Goodwin
N Greene N Groover N Hammond N Hanner N Harris, B Y Harris, M N Hart N Heard Y Hegstrom Y Hembree Y Henson N Holland
Holmes

N Howard N Hudson Y Hughes
N Hugley N Irvin
N James Y Jamieson N Jenkins N Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
Johns ton Y 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
YMann
N Martin N McBee E McClinton
McKinney N Milam Y Mills

Y Mobley, B N Mobley, J Y Moore Y Mosley Y Mueller E Oliver N O'Neal
Orrock N Padgett
N Parham
E Parrish
N Patten N Pelote N Perry Y Pinholster YPoag N Polak
Y Porter
Y Poston Powell
N Purcell, A N Purcell, B N Randall Y Randolph N Ray N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan
Y Sherrill Y Shipp
N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 59, nays 97. The amendment was lost.

1113
N Smith, C N Smith, L
Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre YSnow
Stancil, F Y Stancil, S
Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas Y Tillman N Titus Y Towery N Trense
Turnquest
Y Vaughan N Walker Y Wall N Watson N Watts Y Westmorland N White N Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins
Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick
N Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner N Bunn Y Burkhalter Y Byrd Y Campbell
Y Canty

Carlisle
N Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers N Clark Y Coker N Coleman, B Y Coleman, T Y Colwell Y Connell YCox N Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
N Dickinson YDix
Dixon, H

Dixon, S Y Dobbs N Ehrhart
Y Epps Evans
Y 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
N Harris, M YHart Y Heard N Hegstrom N Hembree Y Henson Y Holland
Holmes

Y Howard Y Hudson N Hughes
Y Hugley Y Irvin Y James N Jamieson Y Jenkins Y Johnson, D.H N Johnson, E N Johnson, G N Johnson, J
Johns ton
Y Jones N Joyce NKaye Y Kinnamon Y Klein Y Ladd N Lakly Y Lane, D
Y Lane, R Y Lawrence N Lawson

YLee N Lewis YLord
Y Lucas N Maddox N Mann Y Martin Y McBee E McClinton Y McKinney Y Milam N Mills N Mobley, B
Y Mobley, J N Moore Y Mosley N Mueller E Oliver Y O'Neal
Orrock
N Padgett Y Parham E Parrish
Y Patten

1114

JOURNAL OF THE HOUSE,

Y Pelote Y Perry N Pinholster NPoag Y Polak N Porter Y Poston N Powell Y Purcell, A Y Purcell, B Y Randall N Randolph

YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper

Y Smith, C Y Smith, L N Smith, P Y Smith, T Y Smith, V N Smith, W Y Smyre YSnow Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P

Y Stephenson Y Streat Y Taylor
Y Teague Y Teper
Y Thomas Tillman
Y Titus N Towery Y Trense N Turnquest N Twiggs

N Vaughan Y Walker N Wall Y Watson Y Watts N Westmorland Y White Y Williams, B N Williams, R
N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 119, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1541 was ordered immediately transmitted to the Senate.

HB 1469.

By Representatives Poston of the 3rd, Porter of the 143rd, Jamieson of the 22nd, Johnson of the 97th, Davis of the 48th and others:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Anno tated, relating to rights of certain handicapped persons to be accompanied by guide or service dogs, so as to authorize certain trainers of such dogs to be accompanied by the dogs in the same manner in which the handicapped per sons may be accompanied by those dogs.

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
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 Y Ehrhart Y Epps
Evans Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Golden
Y Goodwin Y Greene Y Groover Y Hammond
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 Irvin
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 Y Lee Y Lewis YLord
Lucas
Y Maddox YMann Y Martin Y McBee E McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal Y Orrock Y Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B 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 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, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas
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, FEBRUARY 21, 1994

1115

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker announced the House in recess until 2:00 o'clock this afternoon.

1116

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker: Your Committee on Appropriations has had under consideration the following Bills of
the House and has instructed me to report the same back to the House with the following recommendations:
HB 1274 Do Pass HB 1375 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman
The following Resolutions of the House were read and adopted:
HR 989. By Representatives Maddox of the 108th, Carlisle of the 107th and Smith of the 109th: A resolution recognizing and commending the Henry County School System.
HR 990. By Representative Pelote of the 149th: A resolution in memory of Geneva Wallace Law.
HR 991. By Representative Pelote of the 149th: A resolution expressing condolences with regard to the passing of Mr. Ray mond Snype.
HR 992. By Representatives Pelote of the 149th, Johnson of the 148th and Mobley of the 69th: A resolution commending Dr. Prince A. Jackson, Jr.
HR 993. By Representatives Brooks of the 54th, Howard of the 118th, Holmes of the 53rd, Roberts of the 162nd, James of the 140th and others: A resolution proclaiming the Silver Rights Manifesto; making certain requests to the African-American community of this state.
HR 994. By Representatives Hughes of the 19th, Dixon of the 150th, Colwell of the 7th and Twiggs of the 8th: A resolution expressing regret at the passing of Neil Bonnett.
HR 995. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A resolution recognizing and commending The Gracious Ladies of Georgia.

MONDAY, FEBRUARY 21, 1994

1117

HR 996. By Representatives Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A resolution commending Rozell Fair Fabiani.

HR 997. By Representative Hudson of the 156th: A resolution commending Linda Phillips Roberts.

HR 998. By Representative Smith of the 174th: A resolution commending William C. Smith.

HR 999. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending and recognizing Leslie C. Cogdell.

HR 1000. By Representative Stancil of the 91st: A resolution paying tribute to Dorothy Jackson Breedlove.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1557.

By Representatives Ashe of the 46th, Sinkfield of the 57th, Taylor of the 134th, McBee of the 88th, Godbee of the 145th and others:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for the establishment of school breakfast programs in all school systems.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1332.

By Representatives Martin of the 47th, Walker of the 141st, Coleman of the 142nd, Stancil of the 91st, Childers of the 13th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation of health care facilities, so as to provide for definitions; to require the licensing of private home care providers and pro vide for license applications, conditions, and actions relating to such licenses.

The following Committee substitute was read:

A BILL
To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, so as to provide for definitions; to require the licensing of private home care providers and provide for license applications, conditions, and actions relating to such licenses; to provide for standards for and inspections of pri vate home care providers; to provide for rules and regulations; to provide for fees; to pro vide for exemptions and exceptions; to provide for penalties; to provide for certificates of need; to prevent such licenses from having certain effects; to provide for effective dates; to repeal conflicting laws; and for other purposes.

1118

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of health care facilities, is amended by adding at the end thereof a new article to read as follows:
"ARTICLE 13
31-7-300. As used in this article, the term: (1) 'Companion or sitter tasks' means the following tasks which are provided to elderly, handicapped, or convalescing individuals: transport and escort services; meal preparation and serving; and household tasks essential to cleanliness and safety. These tasks do not include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating. (2) 'Department' means the Department of Human Resources. (3) 'Personal care tasks' means assistance with bathing, toileting, grooming, shav ing, dental care, dressing, and eating; and may include but are not limited to proper nutrition, home management, housekeeping tasks, ambulation and transfer, and medi cally related activities, including the taking of vital signs only in conjunction with the above tasks. (4) 'Private home care provider' means any person, business entity, corporation, or association, whether operated for profit or not for profit, that directly provides or makes provision for private home care services through:
(A) Its own employees or agents; (B) Contractual arrangements with independent contractors; or (C) Referral of other persons to render home care services, when the individual making the referral has ownership or financial interest in the delivery of those ser vices by those other persons who would deliver those services. (5) 'Private home care services' means those items and services provided at an individual's residence that involve direct care to that individual and includes, without limitation, any or all of the following: (A) Nursing services, provided that such services can only be provided by a per son licensed under Chapter 26 of Title 43; (B) Personal care tasks; and (C) Companion or sitter tasks. Private home care services shall not include physical, speech, or occupational therapy; medical nutrition therapy; medical social services; or home health aide services pro vided by a home health agency. (6) 'Residence' means the place where an individual makes that person's perma nent or temporary home, whether that person's own apartment or house, a friend or relative's home, or a personal care home, but shall not include a hospital, nursing home, hospice, or other health care facility licensed under Article 1 of this chapter. 31-7-301. Except as otherwise provided in this article, on and after the date this arti cle becomes effective for all purposes, no person, business entity, corporation, or associa tion, whether operated for profit or not for profit, may operate as a private home care provider without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable. 31-7-302. The department is authorized to promulgate rules and regulations to implement this article. The department is authorized to issue, deny, suspend, or revoke licenses or take other disciplinary actions against licensees as provided in Code Section 31-2-6.
31-7-303. Each private home care provider for which a license has been issued shall be inspected by the department periodically; provided, however, the department may exempt a provider from inspections if it is certified or accredited by a certification or accreditation entity recognized and approved by the department. A provider seeking exemption from inspection shall be required to submit to the department documentation of certification or accreditation, including a copy of its most recent certification or accreditation report.

MONDAY, FEBRUARY 21, 1994

1119

31-7-304. The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee and the amount of such fees shall be established by the Board of Human Resources. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the fees charged shall approximate the total of the direct and the indirect costs to the state of the operation of the licensing program. Fees may be refunded for good cause as determined by the department.
31-7-305. This article shall not apply to private home care services which are pro vided under the following conditions:
(1) When those services are provided directly by an individual, either with or with out compensation, and not by agents or employees of the individual and not through independent contractors or referral arrangements made by an individual who has own ership or financial interest in the delivery of those services by others who would deliver those services;
(2) When those services are home infusion therapy services and the intermittent skilled nursing care is provided only as an integral part of the delivery and infusion of pharmaceuticals, but such skilled nursing care, whether hourly or intermittent, which provides care licensed by this Act beyond the basic delivery and infusion of pharmaceuticals is not exempt;
(3) When those services are provided through the temporary placement of profes sionals and paraprofessionals to perform those services in places other than a person's residence;
(4) When those services are provided by home health agencies which are licensed under Article 7 of this chapter;
(5) When those services are provided in a personal care home by the staff of the personal care home; and
(6) When those services are services within the scope of practice of pharmacy and provided by persons licensed to practice pharmacy. 31-7-306. A person, business entity, corporation, or association which has applied for a license pursuant to this article prior to the date this article becomes effective for all purposes, but which has not been granted such license within 180 days after rules imple menting this article have become effective shall be authorized to continue to operate without such license until 90 days after the application for license has been denied. 31-7-307. (a) A certificate of need issued pursuant to Chapter 6 of this title is not required for any person, business entity, corporation, or association, whether operated for profit or not for profit, which is operating as a private home care provider as long as such operation does not also constitute such person, entity, or organization operating as a home health agency or personal care home under this chapter. (b) A license issued under this article shall not entitle the licensee to operate as a home health agency, as defined in Code Section 31-7-150, under medicare or Medicaid guidelines."
Section 2. Only for purposes of establishing rules and regulations and issuing licenses pursuant to the article enacted by this Act, this Act shall become effective on July 1 of the fiscal year for which funds necessary to carry out its purposes are specifically appropri ated by the General Assembly. For all other purposes this Act shall become effective on the three hundred sixty-sixth day following the date any provision of this Act first becomes effective pursuant to the first sentence of this section.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Johnson of the 84th moves to amend the Committee substitute to HB 1332 as follows:
Page 2 - line 28 strike "an individual" insert "a patients"
Page 2 - line 30 strike "individual" insert "patient".

1120

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 sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Carlisle Y Carrel) Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark
Y Coker Y Coleman, B
Coleman, T

Colweli
Y Connell YCox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart
YEpps Evans
Y 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 Hart
Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland
Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
Johns ton Y Jones N Joyce NKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee N Lewis YLord
Y Lucas Y Maddox YMann Y Martin
McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B
Mobley, J Y Moore Y Mosley
Y Mueller E Oliver
Y O'Neal Y Orrock Y Padgett Y Parham E Parrish
Patten Y Pelote Y Perry Y Pinholster
NPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts
Royal
E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y 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 passage of the Bill, by substitute, as amended, the ayes were 143, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1547. By Representatives Childers of the 13th, Stephenson of the 25th, Watts of the 26th, Floyd of the 138th, Hudson of the 156th and others:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to applications and fees for drivers' licenses, so as to provide for reduced drivers' license fees for certain applicants who execute anatomi cal gifts.

The following amendment was read and adopted:

The Committee on Motor Vehicles moves to amend HB 1547 by inserting after "gifts;" on line 5 of page 1 the following:
"to provide for an effective date;".
By inserting between lines 2 and 3 of page 2 the following:

MONDAY, FEBRUARY 21, 1994

1121

"Section 1.5. This Act shall become effective July 1, 1995.".

The following amendment was read and ruled out of order:

Representative Smith of the 102nd, et al. move to amend HB 1547 as follows: Page 2 between lines 2 & 3 add a section: "Section 1A. Said Code section is further amended by striking paragraph 2 of subsec tion A and inserting in its place a new paragraph 2 to read as follows: '(2) For classes C and M drivers' licenses....$4.50'". Renumber subsequent sections.

Representative Groover of the 125th moved that HB 1547 be placed upon the table. 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 Y Barnes Y Bates N Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove N Brooks, D
N Brooks, T Brown
YBuck N Buckner
YBunn Y Burkhalter
YByrd N Campbell
Canty N Carlisle N Carrell
Carter Y Cauthorn
Y Chambless N Chandler
Y Channel! N Childers N Clark N Coker N Coleman, B Y Coleman, T

Colwell N Connell Y Cox N Crawford Y Crews N Culbreth
N Cummings Y Davis, G Y Davis, M N Dickinson NDix
N Dixon, H Dixon, S Dobbs
Y Ehrhart N Epps
Evans N Felton Y Floyd, J.M N Floyd, J.W
N Godbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond
Manner N Harris, B Y Harris, M
Hart N Heard N Hegstrom
N Hembree N Henson Y Holland
Holmes

Y Howard N Hudson N Hughes Y Hugley N Irvin Y James
Jamieson Y Jenkins N Johnson, D.H N Johnson, E
N Johnson, G Y Johnson, J
Johnston
N Jones Y Joyce YKaye N Kinnamon N Klein YLadd N Lakly N Lane, D N Lane, R N Lawrence Y Lawson YLee N Lewis YLord
Lucas N Maddox YMann N Martin N McBee E McClinton N McKinney N Milam Y Mills

N Mobley, B
N Mobley, J N Moore Y Mosley
Mueller E Oliver N O'Neal
Orrock Y Padgett N Parham E Parrish Y Patten N Pelote N Perry N Pinholster
NPoag N Polak N Porter N Poston Y Powell N Purcell, A
Purcell, B N Randall
N Randolph NRay Y Reaves N Reichert Y Roberts N Royal E Scoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield N Skipper

Y Smith, C N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre N Snow N Stancil, F
N Stancil, S Stanley, L
N Stanley, P N Stephenson N Streat Y Taylor N Teague N Teper Y Thomas N Tillman N Titus N Towery
Trense Turnquest
Y Twiggs N Vaughan
Walker Y Wall N Watson N Watts N Westmoreland N White N Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 52, nays 102. The motion was lost.

The following amendment was read and adopted:

Representative Childers of the 13th moves to amend HB 1547 by striking lines 25 and 26 of page 1 and inserting in lieu thereof the following:
"such application with a license fee of $8.00 if such applicant".

1122

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes N 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 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 Y Davis, G Y Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S
Dobbs 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
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 Irvin
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 NLord Y Lucas
Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills

Mobley, B
Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Y Orrock Y Padgett Y Parham E Parrish Y Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell
Y Purcell, A Purcell, B
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 Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V N Smith, W Y 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 Y Tillman Y Titus Y Towery Y Trense
Turnquest N 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, as amended, the ayes were 153, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Kaye of the 37th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1547.

The Speaker Pro Tern assumed the Chair.

HB 1488.

By Representatives Culbreth of the 132nd, McBee of the 88th, Heard of the 89th and Ehrhart of the 36th:
A bill to amend Code Section 33-8-1 of the Official Code of Georgia Anno tated, relating to fees and charges generally associated with insurance, so as to provide that no filing fee is required for a refiling of certain documents with the Commissioner of Insurance if a fee was paid with the original filing.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 21, 1994

1123

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 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 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
Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

Y Howard Y Hudson
Hughes Y Hugley Y Irvin
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
Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett Y Parham E Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A
Purcell, B 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 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 Y Teague Y Teper Y Thomas
Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker YWall
Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates
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.

HB 1531. By Representatives Sherrill of the 62nd, Randolph of the 72nd, Jenkins of the 110th, McKinney of the 51st, Dobbs of the 92nd and others:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to violation of ordinances of counties and state authorities, so as to change certain provisions relating to the use of citations and the prosecution of ordinance violations; to provide that the accused may be arrested prior to the time of trial for the violation of an ordinance relating to loitering.
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 Y Bordeaux Y Bostick Y Breedlove Y Brooks, D

N Brooks, T Brown
YBuck Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler

Y Channell
Y Childers Y Clark Y Coker Y Coleman, B
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 Ehrhart YEpps
Evans
Y 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
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes N Howard Y Hudson Y Hughes

1124
Y Hugley Ylrvin N James Y Jamieson Y Jenkins
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

JOURNAL OF THE HOUSE,

YLee Y Lewis
YLord Lucas
Y Maddox YMann Y Martin
Y McBee E McClinton Y McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
E Oliver Y O'Neal
Orrock Y Padgett

Y Parham E Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph Ray
Y Reaves Y Reichert N Roberts Y Royal E Scoggins

Y Shanahan Y Sherrill Y Shipp Y Simpson N Sinkfield 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

Y Teague YTeper Y Thomas Y Tillman
Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson
Y Watts Y Westmoreland Y White
Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 150, nays 5. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1531 was ordered immediately transmitted to the Senate.

HB 1642. By Representative Skipper of the 137th:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to provide that in each county of this state having a population of 350,000 or more according to the United States decennial census of 1990 or any future such census, the clerk of the superior court rather than the tax collector or tax commissioner shall be responsible for the collection and administration.

The following substitute, offered by Representatives Skipper of the 137th, Royal of the 164th and Buck of the 135th was read:

A BILL
To amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to the intangible recording tax, so as to provide that in each county of this state having a population of 50,000 or more according to the United States decennial cen sus of 1990 or any future such census, the clerk of the superior court rather than the tax collector or tax commissioner shall be responsible for the collection and administration of the intangible recording tax; to provide for a definition; to provide for the powers, duties, and responsibilities of clerks of the superior court with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to the intangible recording tax, is amended by striking Code Section 48-6-60, relating to definitions regarding the intangible recording tax, and inserting in its place a new Code Section 48-6-60 to read as follows:
"48-6-60. As used in this article, the term: (1) 'Collecting officer* means the tax collector or tax commissioner of the county:
provided, however, that in each county of this state having a population of 50,000 or more according to the United States decennial census of 1990 or any future such cen sus, collecting officer means the clerk of the superior court of the county.

MONDAY, FEBRUARY 21, 1994

1125

ft) (2) 'Instrument' or 'security instrument' means any written document pre sented for recording for the purpose of conveying or creating a lien or encumbrance on real estate for the purpose of securing a long-term note secured by real estate.
{3} (3) 'Long-term note secured by real estate' means any note representing credits secured by real estate by means of mortgages, deeds to secure debt, purchase money deeds to secure debt, bonds for title, or any other form of security instrument, when any part of the principal of the note falls due more than three years from the date of the note or from the date of any instrument executed to secure the note and con veying or creating a lien or encumbrance on real estate for such purpose.
{3} (4) 'Short-term note secured by real estate' means any note which would be a long-term note secured by real estate were it not for the fact that the whole of the principal of the note falls due within three years from the date of the note or from the date of any instrument executed to secure the note."
Section 2. Said article is further amended by striking Code Section 48-6-61, relating to filing of certain instruments, and inserting in its place a new Code Section 48-6-61, to read as follows:
"48-6-61. Every holder of a long-term note secured by real estate shall, within 90 days from the date of the instrument executed to secure the note, record the security instrument in the county in which is located the real estate conveyed or encumbered or upon which a lien is created to secure the note and shall present, prior to presenting the instrument to the clerk of superior court for recording, the security instrument to the tax collector er tax eommissieaer collecting officer of the county in which the real estate is located. The tax collector er tax commioMenef collecting officer shall determine from the face of the security instrument the date of execution of the instrument, the maturity date of the note, and the principal amount of the note. There is imposed on each instrument an intangible recording tax at the rate of $1.50 for each $500.00 or frac tion thereof of the face amount of the note secured by the recording of the security instrument. The tax collector e* tax commiasieBef collecting officer shall collect the tax due on the security instrument from the holder of the instrument. If the security instru ment reflects an amount greater than the principal amount of the note and, at the time the security instrument is presented for recording, the holder of the note also presents for recording with the security instrument his said holder's sworn statement itemizing the principal amount of the note and the other charges included within the amount shown on the face of the security instrument, the tax collector e* tax commissioner col lecting officer shall determine the principal amount of the note from the sworn state ment. The maximum amount of any intangible recording tax payable as provided in this Code section with respect to any single note shall be $25,000.00."
Section 3. Said article is further amended by striking Code Section 48-6-62, relating to tax payment certification, and inserting in its place a new Code Section 48-6-62, to read as follows:
"48-6-62. (a) (1) Upon payment of the correct tax as disclosed from the informa tion recited on the face of the security instrument, the tax collector er tax commis sioner collecting officer shall enter upon or attach to the security instrument a certification that the intangible recording tax as provided by Code Section 48-6-61 has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector er tax commiaaioncr collecting officer or his said officer's deputy. The holder of a security instrument upon which the tax has been paid as provided by this article may then present the security instrument together with the certificate to the clerk of superior court of the county in which the real property is located, who may then file the security instrument for record. It is the intention of the General Assem bly that the intangible tax levied by Code Section 48-6-61 shall be paid to the tax eellector er tax commiasieaef collecting officer prior to and as a prerequisite to the filing for record of the real property instrument securing the note with the clerk of superior court and that the clerk shall not be permitted to file the instrument for record unless the security instrument discloses on its face the principal amount of the note, the date

1126

JOURNAL OF THE HOUSE,

executed, the due date, and the certificate of the tax collector or tax commissioner col lecting officer or feis said officer's deputy showing that the tax has been paid on the instrument. Presentation for recording of a sworn statement as to the principal amount of the note, as authorized in Code Section 48-6-61, shall suffice for purposes of permitting the filing of a security instrument which is in compliance with this para graph other than for the fact that the security instrument does not disclose the princi pal amount of the note.
(2) However, any instrument otherwise in a form sufficient for recording and actu ally recorded by the clerk of superior court shall constitute legal notice of the interest and title of the holder of the note in and to the real estate which, under the instru ment, secures a long-term note; and this paragraph shall apply even if the intangibles tax, interest, and penalty, if any, required by this article have not been paid.
(3) The certificate entered upon or attached to the security instrument shall be recorded with the security instrument, shall be in the form required by the commis sioner, and shall in each instance bear the signature of the tax collector or tax com missioner collecting officer or feis said officer's deputy. (b) In the case of a new note or modification of a preexisting note, when the instru ment securing the new note or modification is taxable under Code Section 48-6-61 and is secured by a previously recorded instrument which requires no further recording, the holder of the instrument, in lieu of recording a new or amended instrument as provided for in subsection (a) of this Code section, may elect alternatively to execute a sworn affi davit in the form required by the commissioner, which affidavit shall set forth the infor mation required by Code Section 48-6-66. The holder of the instrument shall present the sworn affidavit to the tax collector or tax commissieaef collecting officer of the county in which the real estate is located. The tax collector or tax commissioner shall collect from the holder the tax due under Code Section 48-6-61 and upon payment of the tax shall enter upon or attach to the affidavit the certification provided for in subsection (a) of this Code section. The certification shall evidence the payment of the required tax with respect to the new instrument or modification."
Section 4. Said article is further amended by striking subsection (a) of Code Section 48-6-69, relating to recording, payment, and certification procedures, and inserting in its place a new subsection (a) to read as follows:
"(a) If any instrument required to be recorded by this article conveys, encumbers, or creates a lien upon real property located in more than one county, the tax imposed by this article shall be paid to the tax collector e* tax commissioner collecting officer of the county in which the instrument is first recorded. When the certificate of the tax collector or tax commiasieBef collecting officer acknowledging that the tax imposed by Code Section 48-6-61 has been paid has been entered on the security instrument, such instrument may thereafter be recorded in any other county of this state without pay ment of any further tax."
Section 5. Said article is further amended by striking Code Section 48-6-72, relating to collection and distribution of revenue, and inserting in its place a new Code Section 48-6-72 to read as follows:
"48-6-72. The intangible recording tax imposed by Code Section 48-6-61 upon instru ments securing long-term notes secured by real property shall be collected by the tax collector er tax commissieaef collecting officer of each county and fee said officer shall make the distributions as provided in Article 2 of this chapter."
Section 6. Said article is further amended by striking Code Section 48-6-73, relating to reports and distributions, and inserting in its place a new Code Section 48-6-73 to read as follows:
"48-6-73. Each tax collector d tax commissioner collecting officer shall make a report to the commissioner on the first day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. Each report shall additionally show the principal amount of each note, the date of execution, and the maturity date of each note as stated on the face of the security

MONDAY, FEBRUARY 21, 1994

1127

instrument to be recorded. The tax collector er tax commiaaieBef collecting officer shall retain 6 percent of the tax collected as compensation for his said officer's services in col lecting the tax. All such taxes shall be deemed to have been collected by the tax collcc tef er tax commissioner collecting officer in his said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the tax collector ef tax commissieftef collecting officer. In each county in which the tax collector ef tax commiaaieBef collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distri bution of this tax by the tax collector er tax eeasmtaaiefief collecting officer shall be the only compensation permitted to any tax collector er tax commiaaieBef collecting officer with respect to this tax. In counties having a population of more than 500,000, according to the United States decennial census of 1990 or any future such census, however, the commission allowed under this article as compensation to the tax collector or tax com missioncr collecting officer shall be 4 percent."
Section 7. Said article is further amended by striking Code Section 48-6-75, relating to additional collection procedures, and inserting in its place a new Code Section 48-6-75 to read as follows:
"48-6-75. In the event the tax collector er tax commissioner collecting officer required to collect the tax imposed by Code Section 48-6-61 is temporarily absent from his said officer's office for reasons of health, vacation, or otherwise, fee said officer shall designate the clerk of superior court or other qualified person as his said officer's deputy to be on duty to collect the intangible recording tax in his said officer's absence. In the event of the death of the tax collector er tax commiasteBO collecting officer, the county governing authority shall immediately designate the clerk of superior court or other qualified person to collect the tax until a new tax collector er tax commissieBer collect ing officer qualifies for the position as required by law."
Section 8. Said article is further amended by striking Code Section 48-6-76, relating to protest procedures, and inserting in its place a new Code Section 48-6-76 to read as fol lows:
"48-6-76. (a) If a taxpayer files with the tax collector er tax commisaieBef collecting officer at the time of payment of tax as provided in Code Section 48-6-61 a written pro test in duplicate of the collection or any part of the collection of the tax as erroneous or illegal, the tax collector er tax commisaieBef collecting officer receiving the payment under written protest shall be deemed to have made a conditional collection of the pro tested amount of the payment. Each protested collection shall be effective to discharge any duty of the taxpayer to pay the tax and to require the tax collector er tax commisaieaef collecting officer to enter upon or attach to the instrument securing the obligation upon which the tax is claimed to be due a certification in the form prescribed in Code Section 48-6-62 of the fact that the intangible recording tax as provided by Code Section 48-6-61 has been paid. Each collection as provided in this Code section shall be subject to the conditions set forth in this article as to refund upon determination by the com missioner or by final judgment in a refund action that the collection was erroneous or illegal.
(b) A tax collector ef tax commissioner collecting officer receiving a payment under written protest shall deposit the protested amount of the payment in a separate account in a bank approved as a depository for state funds, shall hold the protested amount as a special escrow fund for the purposes provided in this article, and, except as provided in this Code section, shall not distribute the amount under Code Section 48-6-74 or retain from the amount or pay into the county treasury any commission under Code Section 48-6-73. Immediately upon receiving a payment under written protest, the tax collector ef tax commissioner collecting officer shall forward to the commissioner one executed copy of the protest.

1128

JOURNAL OF THE HOUSE,

(c) The taxpayer making a payment under written protest may file at any time within 30 days after the date of the payment a claim for refund of the protested amount of the payment with the commissioner. Each claim shall be in writing, shall be in the form and contain such information as the commissioner requires, and shall include a summary statement of the grounds upon which the taxpayer relies in contending that the collection of the amount was erroneous or illegal. A copy of the claim shall be filed by the taxpayer within the 30 day period with the tax collector ef tax commissioner col lecting officer or his said officer's successor who collected the protested amount.
(d) The commissioner shall consider the claim for refund and shall approve or deny it and shall notify the taxpayer and the tax collector e teat commissioner collecting offi cer or his said officer's successor who collected the protested amount of his said officer's action. If the commissioner approves the claim in whole or in part, the test collector er tax commissioner collecting officer or his said officer's successor shall forthwith pay to the taxpayer the amount so approved, without interest, from the special escrow fund held by him said officer, and no appropriation or further authorization shall be neces sary to authorize and require the payment to the taxpayer from the special escrow fund.
(e) (1) Any taxpayer whose claim for refund is denied entirely or in part by the commissioner or with respect to whose claim no decision is rendered by the commis sioner within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the tax eetteeter er tax commissioner collecting officer or his said officer's successor who col lected the amount, in his said officer's official capacity, in the superior court of the county whose official collected the amount.
(2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayer's claim for refund by the commissioner.
(3) For the purposes of this Code section, a failure by the commissioner to grant or deny the taxpayer's claim for refund within the 30 day period shall not constitute a constructive denial of the claim.
(f) The commissioner in his said commissioner's official capacity shall be made a party defendant to each action for refund in order that the interests of the state may be represented in the action, and the Attorney General shall represent the defendants in each action. If it is determined in the action that the amount claimed by the taxpayer was erroneously or illegally collected from the taxpayer, the taxpayer shall be entitled to judgment against the defendant county tax official in his said tax official's official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. Court costs charged against the defendant in such an action and any inter est payable on a judgment in favor of the taxpayer in such an action for a period before the judgment becomes final shall be paid by the commissioner as part of the expenses of administering this article. The principal amount of a final judgment in favor of the taxpayer in such an action, exclusive of court costs, shall be paid forthwith to the tax payer by the defendant county tax official from the special escrow fund, and no appro priation or further authorization shall be necessary to authorize and require the payment of a judgment from the special escrow fund.
(g) (1) Upon expiration of the period for filing a claim for refund of a protested payment without any claim being filed, upon expiration of the period for filing an action for refund of a protested payment without any action being filed, upon dismis sal of such an action, or upon final judgment in such an action, whichever event occurs first, the tax collector er tax commiaaioncr collecting officer holding the pro tested amount in a special escrow fund shall retain from that portion of the amount which is not payable to the protesting taxpayer or shall pay into the county treasury, as provided in Code Section 48-6-73, the percentage of such portion which is allowed by Code Section 48-6-73 as compensation for his such collecting officer's services in collecting the tax.
(2) The balance of the portion after the deduction provided in paragraph (1) of this subsection shall be distributed as provided in Code Section 48-6-74 with respect to revenues derived, for the year during which the amount was paid by the taxpayer, from the intangible recording tax imposed by this article."

MONDAY, FEBRUARY 21, 1994

1129

Section 9. This Act shall become effective on July 1, 1994. Section 10. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Bannister of the 77th moves to amend the Floor substitute to HB 1642 as follows:
On line 4 page 1 change 50,000 to read 10,000 - again on line 25 page 1 change 50,000 to read 10,000.

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
N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown
NBuck Buckner
Y Bunn N Burkhalter NByrd N Campbell N Canty Y Carlisle N Carrell
N Carter N Cauthorn N Chambless N Chandler N Channell
N Childers N Clark Y Coker Y Coleman, B
Coleman, T

N Colwell Connell
YCox Y Crawford Y Crews N Culbreth N Cummings Y Davis, G Y Davis, M N Dickinson NDix N Dixon, H N Dixon, S
Dobbs Y Ehrhart NEpps N Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden
Good win
N Greene N Groover
N Hammond N Hanner N Harris, B N Harris, M
Hart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

N Howard N Hudson
Hughes N Hugley N Irvin N James N Jamieson
Jenkins Johnson, D.H
N Johnson, E Y Johnson, G Y Johnson,J
Johns ton N Jones Y Joyce YKaye N Kinnamon N Klein YLadd Y Lakly
Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis N Lord
Lucas
Y Maddox YMann
Martin N McBee
E McClinton Y McKinney
Milam
Y Mills

N Mobley, B N Mobley, J N Moore
N Moaley Y Mueller E Oliver N O'Neal
Orrock
N Padgett N Parham E Parrish N Patten N Pelote N Perry N Pinholster
NPoag N Polak
N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert Y Roberts N Royal E Scoggins N Shanahan N Sherrill N Shipp N Simpson
Sinkfield N Skipper

Y 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
Stanley, L Stanley, P N Stephenson
N Streat N Taylor N Teague NTeper N Thomas N Tillman
N Titus Y Towery
Trense Turnquest N Twiggs Y Vaughan Walker Y Wall Watson N Watts N Westmoreland N White
N Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 34, nays 116. The amendment was lost.

The following amendment was read:

Representative Bannister of the 77th moves to amend the Floor substitute to HB 1642 as follows:
Amend effective date - line 5 & 6 page 13 to read 1-1-95.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1130

JOURNAL OF THE HOUSE,

N Ashe Y Atkins
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
Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell N Carter
N Cauthorn N Chambless N Chandler Y Channell N Childers N Clark Y Coker Y Coleman, B
Coleman, T

N Colwell Connell
NCox Y Crawford Y Crews N Culbreth N Cummings Y Davis, G Y Davis, M Y Dickinson YDix N Dixon, H
N Dixon, S Dobbs
Y Ehrhart N Epps Y Evans Y Felton
N Floyd, J.M N Floyd, J.W N Godbee N Golden
Goodwin N Greene N Groover N Hammond N Hanner N Harris, B Y Harris, M
Hart N Heard N Hegstrom Y Hembree N Henson
N Holland N Holmes

N Howard N Hudson
Hughes N Hugley N Irvin N James N Jamieson
Jenkins Johnson, D.H N Johnson, E
Y Johnson, G Y Johnson, J
Johnston N Jones Y Joyce
YKaye N Kinnamon
N Klein YLadd Y Lakly
Lane, D N Lane, R Y Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox Y Mann
Martin N McBee E McClinton N McKinney
Milam Y Mills

N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal
Orrock N Padgett N Parham
E Parrish N Patten N Pelote N Perry N Pinholster
NPoag N Polak
Y Porter Y Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph YRay N Reaves Y Reichert Y Roberts N Royal E Scoggins N Shanahan
N Sherrill Y Shipp
N Simpson Sinkfield
N Skipper

On the adoption of the amendment, the ayes were 47, nays 106. The amendment was lost.

N Smith, C Y 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
Stanley, P N Stephenson
N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus Y Towery
Trense Turnquest
N Twiggs Y Vaughan
Walker Y Wall
Watson N Watts Y Westmoreland N White Y Williams, B
Y Williams, R Y Yates N Yeargin
Murphy, Spkr

The Floor substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T
Brown YBuck
Buckner Y Bunn
Y Burkhalter YByrd Y Campbell N Canty

N Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker
N Coleman, B Coleman, T
Y Colwell Connell
YCox Y Crawford
N Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Dickinson NDix Y Dixon, H

Y Dixon, S
Dobbs Y Ehrhart YEpps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Hanner
Harris, B N Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard
Y Hudson Hughes
Y Hugley Ylrvin
Y James Jamieson Jenkins Johnson, D.H
Y Johnson, E Y Johnson, G N 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 N Maddox YMann
Martin Y McBee E McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J N Moore Y Mosley N Mueller E Oliver Y O'Neal Orrock Y Padgett Y Parham E Parrish Y Patten

MONDAY, FEBRUARY 21, 1994

1131

Y Pelote Y Perry N Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph

YRay Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C N Smith, L
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, P

Y Stephenson Y Streat Y Taylor N Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Trense Turnquest Y Twiggs

Y Vaughan
Walker N Wall
Watson
Y Watts Y Westmoreland
Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 133, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1499.

By Representatives Cauthorn of the 35th and Barnes of the 33rd:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Anno tated, relating to deposit by sheriffs of certain funds in interest-bearing accounts, so as to provide that in certain counties sheriffs shall deposit cash bonds in interest-bearing trust accounts but shall not deposit cash reserves of professional bondspersons in such accounts.

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
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 YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps Y Evans
Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden
Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes

Y Howard Y Hudson
Hughes Y Hugley Y Irvin
Y James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
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 YMann
Martin Y McBee E McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J
Moore Y Mosley
Mueller
E Oliver Y O'Neal
Orrock Y Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Y PoweU Y Purcell, A Y Purcell, B Y Rendall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
Y Skipper

On the passage of the Bill, the ayes were 155, nays 0.

Y Smith, C Y Smith, L
Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas 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

1132

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

HB 1570.

By Representatives Powell of the 23rd, Parham of the 122nd and Harris of the 112th:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Anno tated, relating to local fire departments generally, so as to provide for exemp tions; to provide that law enforcement officers shall have primary authority and control over accident or crime scenes, except where there is an actual fire.

The following Committee substitute was read:

A BILL
To amend Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, so as to provide for exemptions; to provide that law enforcement officers shall have primary authority and control over accident or crime scenes, except where there is an actual fire, explosion, electrical hazard, or hazardous materials; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to local fire departments generally, is amended by striking Code Section 25-3-6, relating to the effect of powers and duties of fire departments on powers and duties of law enforce ment agencies, in its entirety and inserting in lieu thereof a new Code Section 25-3-6 to read as follows:
"25-3-6. (a) This article shall not affect the duties, powers, or responsibilities of the Safety Fire Commissioner, the state fire marshal, the Department of Public Safety, the Department of Agriculture, the Department of Natural Resources, the Department of Transportation, the Department of Defense, or the Department of Human Resources.
(b) Nothing in this article shall diminish or supersede the authority of law enforce ment officers as having the primary responsibility and control at accident or crime scenes on the highways of this state or elsewhere, except that the fire department shall have primary authority at a location during the time that there is an actual fire requir ing professional fire fighting or if there is an explosion or electrical hazard or if hazard ous materials are present."
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 Twiggs of the 8th and Powell of the 23rd move to amend the Com mittee substitute to HB 1570 by adding in the title on line 7 of page 1 between the semicolon and the words "to provide" the following:
"to provide for the authority of the Georgia Forestry Commission with respect to for est fires and other combustible vegetative materials;".
By adding on line 21 of page 1 between the comma and the word "the" the following:
"the Georgia Forestry Commission,".

MONDAY, FEBRUARY 21, 1994

1133

By adding on line 5 of page 2 between the word "present" and the period the follow ing:
"i provided, however, that the Georgia Forestry Commission shall have primary authority in preventing, controlling, or suppressing forest fires and other combustible vegetative materials".
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 Y Brooks, T
Brown YBuck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carlisle
Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

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
Dobbs 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 Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
Y James Y Jamieson
Jenkins Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Johns ton Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann
Martin Y McBee E McClinton Y McKinney
Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett Y Parham E Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston
Y Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
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 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.

The following Bill of the House, having been previously read was again taken up for consideration:

HB 800. By Representatives Jenkins of the 110th, Smith of the 109th and Lucas of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain charges with respect to certain coin operated devices shall constitute retail sales for purposes of state sales and use taxation; to repeal an exemption from state sales and use tax with respect to certain gross revenues of certain amusement machines.

1134

JOURNAL OF THE HOUSE,

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain provisions relating to master license fees and permit fees; to provide for the automatic repeal of said chapter; to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxation, so as to provide for the automatic repeal of an exemption; to provide for the automatic revival of a prior definition; to amend an Act amending Title 48 of the Official Code of Georgia Annotated providing for the comprehen sive regulation and licensure of bona fide coin operated amusement machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), so as to repeal Section 4 of said 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 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, is amended by striking subsection (a) of Code Sec tion 48-17-2, relating to license fees, and inserting in its place a new subsection (a) to read as follows:
"(a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay an annual master license fee ef $2,600.00. fees as follows:
(1) Level one license. (A) For ten or fewer machines, the owner shall pay a master license fee of $250.00.
(B) In the event such owner acquires an eleventh or greater number of machines during a calendar year which require a certificate for lawful operation under this chapter, such owner shall pay an additional master license fee of $250.00; or (2) Level two license. For more than U. machines, the owner shall pay a master license fee of $500.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The $2,600.00 master license fee shaft be tied te
amount by th commissioner if the state sales and se tax rte increases. The master license fee levied by this chapter shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the cal endar year for $1,760.00 one-half the cost of the applicable master license. The commis sioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year."
Section 2. Said chapter is further amended by striking subsection (a) of Code Sec tion 48-17-9, relating to permit fees and stickers, and inserting in its place a new subsec tion (a) to read as follows:
"(a) Every owner, except an owner holding a coin operated machine solely for per sonal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform annual permit fee of $16.00 $50.00 per bona fide coin operated amusement machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $16.00 $50.00 pay ment for each coin operated machine. The $16.00 fee per bona fide eein operated amuse MIGHT m&clime will DC tied to trie stflte sflies find use tflx Fflte or 4 percent &iiu will DC increased i a proportionate amount by the commissieftef if such sales tax rate increases. The annual fees levied by this chapter will be collected by the commissioner on an

MONDAY, FEBRUARY 21, 1994

1135

annual basis. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any coin operated machine prior to the end of any calendar year."
Section 3. Said chapter is further amended by striking Code Section 48-17-11, relat ing to permit fees for additional machines, and inserting in its place a new Code Section 48-17-11, to read as follows:
"48-17-11. If an owner purchases or receives additional coin operated machines dur ing the calendar year, the $16.00 $50.00 permit fee shall be paid to the commissioner and the sticker shall be affixed to the machine or placed at the location where the machine is located before the machine may be legally operated. A penalty fee of $50.00 shall be assessed by the commissioner for every machine in operation without a permit sticker."
Section 4. Said chapter is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-17-15, to read as follows:
"48-17-15. This chapter shall stand repealed in its entirety on January 1, 1998."
Section 5. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use taxes, is amended by striking subparagraph (E) of paragraph (6) of Code Section 48-8-2, relating to defini tions regarding sales and use taxation, which reads as follows:
"(E) Reserved.", and inserting in its place a new subparagraph (E) to read as follows:
"(E) Effective January 1, 1998, charges made for the operation of coin-operated musical devices and other coin-operated amusement devices."
Section 6. Said part is further amended by striking paragraph (43) of Code Section 48-8-3, relating to exemptions from sales and use taxation, and inserting in its place a new paragraph (43) to read as follows:
"(43) Gross revenues generated from all bona fide coin operated amusement machines which vend or dispense music or are operated for skill, amusement, entertainment, or pleasure which are in commercial use and are provided to the public for play which will require a permit fee under Chapter 17 of this title; This paragraph shall stand repealed in its entirety on January 1 1998;".
Section 7. An Act amending Title 48 of the Official Code of Georgia Annotated pro viding for the comprehensive regulation and licensure of bona fide coin operated amuse ment machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), is amended by repealing in its entirety Section 4, which reads as follows:
"Section 4. This Act shall stand repealed in its entirety on January 1, 1996, and shall be void and of no effect and the provisions affected by this Act shall be specifically revived as such provisions stood before the enactment of this Act, as amended by laws other than this Act."
Section 8. This Act shall become effective January 1, 1995.
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Murphy of the 18th, Watson of the 139th and Hughes of the 19th was read and adopted:

A BILL
To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to change certain provisions relating to master license fees and permit fees; to amend an Act amending Title 48 of the Official Code of Georgia Annotated providing for the comprehensive regulation and licensure of

1136

JOURNAL OF THE HOUSE,

bona fide coin operated amusement machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), so as to repeal Section 4 of said Act; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, is amended by striking subsection (a) of Code Sec tion 48-17-2, relating to license fees, and inserting in its place a new subsection (a) to read as follows:
"(a) Every owner, except an owner holding a bona fide coin operated amusement machine solely for personal use or resale, who offers others the opportunity to play for a charge, whether directly or indirectly, any bona fide coin operated amusement machine shall pay a annual master license fee ef- $2,600.00. fees as follows:
(1) Level one license. (A) For five or fewer machines, the owner shall pay a master license fee of $250.00.
(B) In the event such owner acquires a sixth or greater number of machines dur ing a calendar year which require a certificate for lawful operation under this chap ter, such owner shall pay an additional master license fee of $2,250.00; or (2) Level two license. For six or more machines, the owner shall pay a master license fee of $2,500.00. The cost of the license shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon said payment, the commissioner shall issue a master license certificate to the owner. The $2,600.00 master license fee fees shall be tied to the state sales and use tax rate of 4 percent and shall be increased in a proportionate amount by the commissioner if the state sales and use tax rate increases. The master license fee levied by this chapter shall be collected by the commissioner on an annual basis, provided that an owner may purchase a six-month master license during the cal endar year for $1,760.00 $175.00 for a level one license or $1,750.00 for a level two license. The commissioner may establish procedures for master license collection and set due dates for these license payments. No refund or credit of the master license charge levied by this chapter may be allowed to any owner who ceases the operation of bona fide coin operated amusement machines prior to the end of any calendar year."
Section 2. Said chapter is further amended by striking subsection (a) of Code Sec tion 48-17-9, relating to permit fees and stickers, and inserting in its place a new subsec tion (a) to read as follows:
"(a) Every owner, except an owner holding a coin operated machine solely for per sonal use or resale, who offers others the opportunity to play for a charge, whether direct or indirect, any bona fide coin operated amusement machine shall pay a uniform annual permit fee of $15.00 per bona fide coin operated amusement machine. The fee shall be paid to the commissioner by company check, cash, cashier's check, or money order. Upon payment, the commissioner shall issue a sticker for each $15.00 payment for each coin operated machine. The $15.00 fee per bona fide coin operated amusement machine will be tied to the state sales and use tax rate of 4 percent and will be increased in a proportionate amount by the commissioner if such sales tax rate increases. The annual fees levied by this chapter will be collected by the commissioner on an annual basis. The commissioner may establish procedures for annual collection and set due dates for the fee payments. No refund or credit of the annual fee levied by this chapter shall be allowed to any owner who ceases the exhibition or display of any coin operated machine prior to the end of any calendar year."
Section 3. Said chapter is further amended by striking Code Section 48-17-11, relat ing to permit fees for additional machines, and inserting in its place a new Code Section 48-17-11, to read as follows:
"48-17-11. If an owner purchases or receives additional coin operated machines dur ing the calendar year, the $15.00 permit fee shall be paid to the commissioner and the 'sticker shall be affixed to the machine or placed at the location where the machine is

MONDAY, FEBRUARY 21, 1994

1137

located before the machine may be legally operated. A penalty fee of $50.00 shall be assessed by the commissioner for every machine in operation without a permit sticker."
Section 4. An Act amending Title 48 of the Official Code of Georgia Annotated pro viding for the comprehensive regulation and licensure of bona fide coin operated amuse ment machines, approved April 13, 1992 (Ga. L. 1992, p. 1521), is amended by repealing in its entirety Section 4, which reads as follows:
"Section 4. This Act shall stand repealed in its entirety on January 1, 1996, and shall be void and of no effect and the provisions affected by this Act shall be specifically revived as such provisions stood before the enactment of this Act, as amended by laws other than this Act."
Section 5. This Act shall become effective January 1, 1995.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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
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 Y Davis, G Y Davis, M
Y Dickinson YDix
Dixon, H Y Dixon, S
Dobbs 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 Hanner Y Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom Y Hembree
Y Henson Y Holland
Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson
Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J
Johnston Jones Y Joyce
Y Kaye N Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas
Y Maddox N Mann
Martin Y McBee E McClinton
McKinney
Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett Y Parham E Parrish Y Patten
Y Pelote Y Perry Y Pinholster
NPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray
Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Sinkfield
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
Y Teague Y Teper Y Thomas
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 154, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Johnston of the 81st would like the records to show he was out due to illness.

1138

JOURNAL OF THE HOUSE,

Representative Groover of the 125th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 22, 1994

1139

Representative Hall, Atlanta, Georgia Tuesday, February 22, 1994

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 Beverly D. Rollins, Christian Fellowship Commu nity Church, Stone Mountain, 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 1880. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th: A bill to repeal an Act providing for a board of elections in each county in this state having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census (now not less than 88,000 and not more than 90,000 according to the United States decennial census of 1990 or any future such census).
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1881. By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th: A bill to create and provide for the Board of Elections of Houston County as successor to the board of elections in existence prior to the effective date of this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

1140

JOURNAL OF THE HOUSE,

HB 1882. By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Quitman County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1883. By Representative Buck of the 135th:
A bill to amend Chapter 6 of Title 12 of the Official Code of Georgia Anno tated, relating to forest resources and other plant life, so as to provide that any person who owns real property on which a kudzu vine is growing and who allows such kudzu vine to spread to the property of an adjoining prop erty owner shall be guilty of a misdemeanor.
Referred to the Committee on Natural Resources & Environment.

HB 1884. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to provide a new charter for the City of Cedartown.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1885. By Representatives Twiggs of the 8th, Colwell of the 7th, Coleman of the 142nd, Parham of the 122nd and Mobley of the 86th:
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 antique motor vehicles shall be authorized to display the license plate of the year of manufacture while maintaining a valid current license plate inside such vehicle.
Referred to the Committee on Motor Vehicles.

HB 1886. By Representatives Twiggs of the 8th, Colwell of the 7th, Coleman of the 142nd, Parham of the 122nd, Lucas of the 124th and others:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit persons from mis leading the general public concerning their employment with or association with a law enforcement agency.
Referred to the Committee on Public Safety.

HB 1887. By Representatives Cummings of the 27th and Murphy of the 18th:
A bill to amend an Act creating the Polk County Water Authority, so as to change certain provisions relating to the reappointment and taking of office of members of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1888. By Representative Carrell of the 87th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 22, 1994

1141

HB 1889. By Representative Carrell of the 87th:
A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the appointment and duties of the city administrator.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1890. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act providing for the election of the Sumter County Board of Education, so as to reconstitute said board of education; to provide education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1891. By Representatives Kaye of the 37th and Bunn of the 74th:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of intangibles, so as to repeal the intangible per sonal property tax.
Referred to the Committee on Ways & Means.

HB 1893. By Representatives Sinkfield of the 57th and Parham of the 122nd:
A bill to amend Code Section 40-6-12 of the Official Code of Georgia Anno tated, relating to subsequent violations of the offense of failure to maintain proof of insurance, so as to revise the provisions relative to the filing of proof of financial responsibility as the result of a second or subsequent violation.
Referred to the Committee on Motor Vehicles.

HB 1894. By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st:
A bill to create the Joint Liberty County, City of Gum Branch, City of Mid way, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1895. By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st:
A bill to amend an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1896. By Representatives Birdsong of the 123rd, Jenkins of the 110th, Streat of the 167th, Harris of the 112th, Hudson of the 156th and others:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia Anno tated, relating to wildlife generally, so as to authorize the Department of Natural Resources, to the extent that funds are appropriated for such pur pose, to pay bounties for the killing of coyotes.
Referred to the Committee on Game, Fish & Parks.

1142

JOURNAL OF THE HOUSE,

HB 1897. By Representatives Trense of the 44th, Campbell of the 42nd, Watts of the 26th, Johnson of the 97th, Klein of the 39th and others:
A bill to amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, prohibiting distribution of certain sexual materi als to minors, so as to change an exception for libraries.
By unanimous consent, HB 1897 was ordered engrossed.
Referred to the Committee on Education.

HB 1898. By Representatives Reichert of the 126th, Lucas of the 124th, Groover of the 125th, Randall of the 127th and Birdsong of the 123rd:
A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1899. By Representatives Johnson of the 84th and Carrell of the 87th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to provide for four-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 1900. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the provisions relating to the vote necessary for the commission to act on any matter.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1901. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change the provisions relating to the compensation of the members of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1902. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the compensation and expenses of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1903. By Representatives Williams of the 63rd, Mobley of the 69th, Polak of the 67th, Hegstrom of the 66th, Randolph of the 72nd and others:
A bill to amend an Act providing a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to provide that such exemp tions shall be in addition to and not in lieu of certain other exemptions.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 22, 1994

1143

HB 1904. By Representatives Henson of the 65th, Polak of the 67th, Baker of the 70th, Mobley of the 69th, Sherrill of the 62nd and others:
A bill to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1905. By Representative Dixon of the 168th:
A bill to amend an Act providing a new charter for the City of Waycross, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1906. By Representatives Connell of the 115th, Williams of the 114th, Brown of the 117th, Hart of the 116th, Padgett of the 119th and others:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to change the provisions relating to the Georgia Golf Hall of Fame Board and the membership thereof.
Referred to the Committee on State Institutions & Property.

HR 986. By Representatives Walker of the 141st, Murphy of the 18th, Groover of the 125th, Watts of the 26th, Lee of the 94th and others:
A resolution urging the Museum of Aviation Foundation, Inc., to designate a building at the Museum of Aviation in honor of Honorable Roy H. (Sonny) Watson, Jr.
Referred to the Committee on Rules.

HR 987. By Representative Byrd of the 170th:
A resolution to create the Study Committee on Employee Training in the Construction Industry.
Referred to the Committee on Rules.

HR 988. By Representatives Kaye of the 37th, Smith of the 102nd, Dix of the 76th, Hembree of the 98th, Lakly of the 105th and others:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 1002. By Representative Bordeaux of the 151st:
A resolution authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the rules were suspended in order that the following Bills and
Resolution of the House could be introduced, read the first time and referred to the com mittees:

1144

JOURNAL OF THE HOUSE,

HB 1920. By Representatives Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd, Smyre of the 136th and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the date on which the Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus the rate of tax levy.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1921. By Representatives Thomas of the 100th, Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the definition of employ ment with respect to unemployment compensation; to change the definition of employee with respect to workers' compensation; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for insur ance with respect to community service boards.
Referred to the Committee on Judiciary.

HB 1922. By Representative Dixon of the 150th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the "Georgia Noncompetition by Government Act".
Referred to the Committee on Industry.

HR 1010. By Representatives Felton of the 43rd, Martin of the 47th, Irvin of the 45th, Burkhalter of the 41st, Trense of the 44th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly or a county to create special zoning districts in rapid growth portions of the unincorporated areas of counties and provide for the delegation of some or all of the planning, zoning, and enforcement powers of the governing authorities of such counties with regard to those zoning dis tricts to other entities.
Referred to the Committee on State Planning & Community Affairs.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1868 HB 1869 HB 1870 HB 1871 HB 1872 HB 1873 HB 1874 HB 1875 HB 1876 HB 1877 HB 1879 HB 1892 HR 980

HR 981 HR 982 HR 983 HR 984 HR 985 HR 1001 SB 432 SB 530 SB 537 SB 553 SB 560 SB 563 SB 602

TUESDAY, FEBRUARY 22, 1994

1145

SB 644 SB 647 SB 654

SB 655 SB 656

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1798 Do Pass HB 1861 Do Pass HR 937 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Floyd of the 172nd District, Vice-Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1677 Do Pass, by Substitute
Respectfully submitted, /s/ Floyd of the 172nd
Vice-Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 548 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

1146

JOURNAL OF THE HOUSE,

HB 1865 Do Pass

Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 913 Do Pass, by Substitute SB 82 Do Pass SB 377 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 921 Do Pass HR 962 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 521 Do Pass, as Amended SB 569 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

TUESDAY, FEBRUARY 22, 1994

1147

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1113 Do Pass, by Substitute HB 1730 Do Pass HB 1794 Do Pass HB 1796 Do Pass HB 1826 Do Pass HB 1841 Do Pass HB 1849 Do Pass

HB 1852 Do Pass HB 1853 Do Pass HB 1854 Do Pass HB 1855 Do Pass HB 1856 Do Pass HB 1862 Do Pass HB 1863 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, FEBRUARY 22, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 27th Legislative Day as enu merated below:

HB 596 HB 1198 HB 1375 HB 1504 HB 1525 HB 1667 HB 1672 HB 1684 HB 1783

Income tax; retirement income; exemption Drive-by shooting; define offense General appropriations; FY 1994-95 Fulton County; board of equalization; appointment Hospital authorities; sovereign immunity Sheriffs and deputies; bonds conditioned on faithful accounting PSC; gas utility; filing supply plan Nat'1 Guard; call to duty; drugs and medical care Motor contract & common carriers; definition; exclude small buses

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1113.

By Representatives 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 commis sioners; to provide for commissioner districts.

The following Committee substitute was read and adopted:

A BILL
To amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4105), so as to provide that such board shall be composed

1148

JOURNAL OF THE HOUSE,

of five commissioners; to provide for commissioner districts; to provide for the election and terms of office of such members; to provide for currently serving commissioners; to provide for matters relative to the foregoing; to provide for the submission of this Act to the United States Attorney General; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4105), is amended by striking in its entirety Sec tion 1 and inserting in lieu thereof the following:
"Section 1. (a) There is created the Board of Commissioners of Talbot County, to be composed of five commissioners elected from commissioner districts as provided in subsection (b) of this section.
(b) (1) For purposes of electing members of the board of commissioners, Talbot County is divided into five commissioner districts. One member of the board shall be elected from each district. Those districts shall consist of the following described terri tory of Talbot County:
Commissioner District: I
TALBOT COUNTY VTD: 3003 GENEVA (Part) Tract: 9602. Block(s): 283, 284 VTD: 3007 TALBOTTON (Part) Tract: 9602. Block(s): 105, 126, 127A, 127B, 128, 129, 130, 131, 132A, 132B, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141A, 142A, 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, 171A, 172A, 174A, 175, 189, 201, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 234, 235, 236A, 236B, 239, 240, 273A, 273B, 274, 275, 282, 285
Commissioner District: 2
TALBOT COUNTY VTD: 3006 PRATTSBURG VTD: 3008 VALLEY (Part) Tract: 9601.98 Block(s): 125, 126, 127, 128B, 129, 138A, 138B, 139, 140, 141A, 141B, 143, 146, 147, 148, 149, 150A, 150B, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 194, 195, 197, 236, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 283A, 284A, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295 Tract: 9602. Block(s): 202, 203, 204, 286, 287
Commissioner District: 3
TALBOT COUNTY VTD: 3001 BOX SPRINGS VTD: 3003 GENEVA (Part)

TUESDAY, FEBRUARY 22, 1994

1149

Tract: 9603. Block(s): 138, 139, 140, 141B, 142
VTD: 3005 ONEALS
Commissioner District: 4
TALBOT COUNTY VTD: 3002 FLINT HILL VTD: 3008 VALLEY (Part) Tract: 9601.98 Block(s): 101, 102, 103, 104, 105, 106, 119, 120, 122, 123, 124, 130, 131, 132, 133, 134, 135, 136, 137, 142, 144, 145, 196
Commissioner District: 5
TALBOT COUNTY VTD: 3003 GENEVA (Part) Tract: 9603. Block(s): 134, 135, 136, 137, 141A, 143, 144A, 144B, 146, 173, 174, 175, 176, 177, 178, 179, 180, 181A, 181B, 182, 183, 184, 185, 186, 187, 188A, 188B, 189A, 189B, 190, 191, 192A, 192B, 193, 194, 195, 255, 256, 257, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 292, 293, 294, 295, 296, 297 VTD: 3004 JUNCTION CITY VTD: 3007 TALBOTTON (Part) Tract: 9602. Block(s): 124, 125, 141B, 142B, 171B, 172B, 173, 174B, 176, 177, 190, 191, 276, 277, 278, 279, 280, 281
(2) For purposes of paragraph (1) of this subsection: (A) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geo
graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia;
(B) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place;
(C) Whenever the description of any commissioner district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia;
(D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commissioner district contains a conflict between the geographical boundaries of any VTD and the bound aries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control;
(E) Any part of Talbot County which is not included in any commissioner dis trict described in paragraph (1) of this subsection shall be included within that com missioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(F) Any part of Talbot County which is described in paragraph (1) of this sub 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 popula tion according to the United States decennial census of 1990 for the State of Geor gia. (3) In order to be elected as a member of the board from a commissioner district, a person must have resided in that district for at least 12 months prior to election

1150

JOURNAL OF THE HOUSE,

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 commissioner 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 a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must con tinue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) (1) The members of the Board of Commissioners of Talbot County serving on the effective date of this Act shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. On the Tuesday next follow ing the first Monday in November, 1994, members of the board of commissioners from Commissioner Districts 1, 2, and 3 shall be elected to take office on January 1, 1995, for terms of four years and until their successors are duly elected and qualified. On the Tuesday next following the first Monday in November, 1996, members of the board of commissioners from Commissioner Districts 4 and 5 shall be elected to take office on January 1, 1997, for terms of four years and until their successors are duly elected and qualified. Thereafter, successors shall be elected for terms of four years and until their successors are duly elected and qualified.
(2) All members of the board who are elected as provided in paragraph (1) of this subsection shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"
Section 2. It shall be the duty of the governing authority of Talbot County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, to the United States Attorney General for approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

HB 1730.

By Representative Teague of the 58th:
A bill to amend an Act creating a new charter for the City of Union City, so as to clarify the manner in which elections are held in the City of Union City; to provide that the mayor and councilmembers shall be elected by plu rality vote.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1794. By Representatives Lane of the 55th and Brooks of the 54th:
A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1796.

By Representative Lane of the 55th:
A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, FEBRUARY 22, 1994

1151

HB 1826. By Representative Crawford of the 129th:
A bill to amend an Act establishing a new charter for the City of Thomaston, so as to deannex certain property from the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1849. By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to provide for a board of elections and registration for Lowndes County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1852. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Towery of the 30th, Klein of the 39th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the judges of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1853. By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Towery of the 30th, Klein of the 39th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of judges of the second division of the State Court of Cobb County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1854.

By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Klein of the 39th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1855.

By Representatives Coker of the 31st, Atkins of the 29th, Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior 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 compensation of the clerk and deputy clerk of the superior court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1152

JOURNAL OF THE HOUSE,

HB 1856.

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 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 1862.

By Representatives Ehrhart of the 36th, Coker of the 31st, Atkins of the 29th, Vaughan of the 34th, Cauthorn of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator and the investigators and the chief assistant district attorney and the assistant dis trict attorneys.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1863.

By Representatives Hammond of the 32nd, Barnes of the 33rd, Cauthorn of the 35th, Shipp of the 38th, Ehrhart of the 36th 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 the provisions relating to dismissal of employees and scheduling of hearings.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1841.

By Representative Lane of the 55th:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for City of East Point government purposes, includ ing ad valorem taxes levied to pay interest on and retire bonded indebted ness of the City of East Point government, for each resident of East Point who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such home stead does not exceed the maximum.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Y Bailey 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
Brown Y Buck
Buckner Y Bunn Y Burkhalter

Y Byrd Y Campbell
Canty Carlisle Y Carrell Carter Y Cauthorn

Chambless Y Chandler
Channell Y Childers Y Clark Y Coker Y Coleman, B

TUESDAY, FEBRUARY 22, 1994

1153

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 Ehrhart Y Epps
Evans
Y Felton Y Floyd, J.M
Floyd, J.W Godbee 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
Holland Holmes
Howard Y Hudson Y Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J
Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane, D

Y Lane, R Lawrence
Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox
Y Mann Y Martin Y McBee E McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett
Parham Parrish Y Patten Y Pelote Y Perry

Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper
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
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus
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 Bills, the ayes were 139, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 664. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, as amended, so as to change certain provisions regarding the qualifications for membership on such authority.

SB 665. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the provisions relating to the mayor pro tern; to provide for members of the city governing authority to be members of the city's pension board, the Marietta Historic Board of Review, and the Downtown Marietta Development Authority.

SB 666. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city; to pro vide authority for the city manager to levy and collect taxes, fees, charges, and other revenue; to establish the city manager as an ex officio sheriff; to provide an effective date.

SB 667. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to ratify and confirm certain home rule amendments and local Act amend ments relating to the board of lights and waterworks of the City of Marietta; to provide for officers of such board and powers and duties thereof; to pro vide for a board manager for such board and the powers and duties thereof.

1154

JOURNAL OF THE HOUSE,

HB 1787.

By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over.

HB 1788.

By Representative Stephenson of the 25th:
A bill to provide a homestead exemption from all Jackson County ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county who have annual earned family incomes not exceeding $18,000.00 and who are 65 years of age or over.

SB 399. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide for definitions; to provide for the registration of sex offenders with the sheriff and transmission of cer tain information to certain municipal police departments and the Georgia Crime Information Center; to provide for the crime of failure to register as a sex offender and a penalty.

SB 456. 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 the superior courts, so as to provide that the clerk of the superior court is the custodian of the records of his or her office; to provide for contracts relating to records or computer generated data and the requirements related thereto.

SB 469. By Senators Thompson of the 33rd, Oliver of the 42nd and Scott of the 36th:
A bill to amend Chapter 3 of Title 49 of the Official Code of Georgia Anno tated, relating to local family and children services, so as to change the com position, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chair person and vice chairperson; to provide for compensation and expenses; to provide for effective dates.

SB 499. By Senator Thompson of the 33rd:
A bill to amend Code Section 43-14-12 of the Official Code of Georgia Anno tated, relating to the suspension of, or refusal to restore, licenses and certifi cates by municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize a person licensed under Chapter 14 of Title 43 to execute and deposit a bond in the county of such licensee's principal place of business conditioned upon the work of the licensee comply ing with any ordinances or building and construction codes of any county or municipal corporation wherein the work of the licensee is performed; to pro vide for actions on the bond; to limit the liability of sureties; to prohibit any county or municipality from requiring any person who holds a license issued under Chapter 14 of Title 43 and who has executed and deposited a certain bond in the county of such licensee's principal place of business to give or furnish any code compliance bond or similar bond for the purpose of ensur ing that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and con struction codes; to provide an effective date.

TUESDAY, FEBRUARY 22, 1994

1155

SB 538. By Senators Oliver of the 42nd, Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of minors, so as to provide for a definition of net settlement; to provide for the jurisdiction of probate court judges in appoint ing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.
SB 558. By Senators Langford of the 29th, Kemp of the 3rd, Madden of the 47th and Baugh of the 25th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the defi nition of the term "unruly child" as used in said article; to change a cross reference.
SB 559. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd, Madden of the 47th, Baugh of the 25th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that cer tain juvenile court records and juvenile law enforcement records shall be made available, after conviction and prior to sentencing, to the judge of the superior court, to provide that certain information and records shall not be revealed to the public and shall be sealed.

SB 571. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Anno tated, relating to limitation on civil liability of those engaged in equine activ ities, so as to provide for limitation on civil liability of llama activity sponsors, llama professionals, and those engaged in llama activities; to pro vide for intent; to provide for and change definitions; to provide for excep tions.
SB 582. By Senators Coleman of the 1st, Hill of the 4th, Thompson of the 33rd and Crotts of the 17th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, relating to charitable solicitations, so as to provide that any person soliciting funds in any manner other than face to face solicitation shall pro vide certain information to persons solicited; to provide for legislative intent; to define a certain term.

SB 611. By Senator Henson of the 55th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Charitable Solicitations Act of 1988," so as to provide for definitions; to provide for the filing of reports by law enforce ment related organizations; to provide for the confidentiality of certain infor mation; to provide for penalties.

SB 630. By Senators Kemp of the 3rd, Pollard of the 24th and Baugh of the 25th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for written rules and regulations defining acceptable sure ties; to provide for the publishing of such rules and regulations by the sher iffs of the state; to provide for requirements; to provide for real property bonds; to provide for qualifications of bondspersons.

1156

JOURNAL OF THE HOUSE,

HB 1262.

By Representatives Patten of the 176th, Dobbs of the 92nd, Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Water Quality Control Act," so as to trans fer the administration of certain federal grants from the Environmental Pro tection Division of the Department of Natural Resources to the Georgia Environmental Facilities Authority.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1505.

By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th, Watson of the 139th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to revise definitions; to pro vide for conditions which create rebuttable presumptions with regard to the causation of accidents and injuries or deaths.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 391. By Senators Thomas of the 10th, Scott of the 36th, Walker of the 22nd, Brown of the 26th, Langford of the 35th and others:
A resolution creating the Commission on Minority Health Improvement.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 399. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide for definitions; to provide for the registration of sex offenders with the sheriff and transmission of cer tain information to certain municipal police departments and the Georgia Crime Information Center; to provide for the crime of failure to register as a sex offender and a penalty.
Referred to the Committee on Public Safety.

SB 456. 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 the superior courts, so as to provide that the clerk of the superior court is the custodian of the records of his or her office; to provide for contracts relating to records or computer generated data and the requirements related thereto.
Referred to the Committee on Judiciary.

SB 469. By Senators Thompson of the 33rd, Oliver of the 42nd and Scott of the 36th:
A bill to amend Chapter 3 of Title 49 of the Official Code of Georgia Anno tated, relating to local family and children services, so as to change the com position, qualifications, and manner of selecting county boards of family and children services; to provide for terms and vacancies; to provide for a chair person and vice chairperson; to provide for compensation and expenses; to provide for effective dates.
Referred to the Committee on Children and Youth.

TUESDAY, FEBRUARY 22, 1994

1157

SB 499. By Senator Thompson of the 33rd:
A bill to amend Code Section 43-14-12 of the Official Code of Georgia Anno tated, relating to the suspension of, or refusal to restore, licenses and certifi cates hy municipal or county inspection authorities with respect to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize a person licensed under Chapter 14 of Title 43 to execute and deposit a bond in the county of such licensee's principal place of business conditioned upon the work of the licensee comply ing with any ordinances or building and construction codes of any county or municipal corporation wherein the work of the licensee is performed; to pro vide for actions on the bond; to limit the liability of sureties; to prohibit any county or municipality from requiring any person who holds a license issued under Chapter 14 of Title 43 and who has executed and deposited a certain bond in the county of such licensee's principal place of business to give or furnish any code compliance bond or similar bond for the purpose of ensur ing that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and con struction codes; to provide an effective date.
Referred to the Committee on Industry.
SB 538. By Senators Oliver of the 42nd, Ralston of the 51st and Farrow of the 54th:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of minors, so as to provide for a definition of net settlement; to provide for the jurisdiction of probate court judges in appoint ing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.
Referred to the Committee on Judiciary.
SB 558. By Senators Langford of the 29th, Kemp of the 3rd, Madden of the 47th 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 change the defi nition of the term "unruly child" as used in said article; to change a cross reference.
Referred to the Committee on Education.
SB 559. By Senators Langford of the 29th, Kemp of the 3rd, Thompson of the 33rd and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that cer tain juvenile court records and juvenile law enforcement records shall be made available, after conviction and prior to sentencing, to the judge of the superior court, to provide that certain information and records shall not be revealed to the public and shall be sealed.
Referred to the Committee on Judiciary.
SB 571. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Anno tated, relating to limitation on civil liability of those engaged in equine activ ities, so as to provide for limitation on civil liability of llama activity sponsors, llama professionals, and those engaged in llama activities; to pro vide for intent; to provide for and change definitions; to provide for excep tions.
Referred to the Committee on Judiciary.

1158

JOURNAL OF THE HOUSE,

SB 582. By Senators Coleman of the 1st, Hill of the 4th, Thompson of the 33rd and others:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, relating to charitable solicitations, so as to provide that any person soliciting funds in any manner other than face to face solicitation shall pro vide certain information to persons solicited; to provide for legislative intent; to define a certain term.
Referred to the Committee on Industry.

SB 611. By Senator Henson of the 55th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Charitable Solicitations Act of 1988," so as to provide for definitions; to provide for the filing of reports by law enforce ment related organizations; to provide for the confidentiality of certain infor mation; to provide for penalties.
Referred to the Committee on Industry.

SB 630. By Senators Kemp of the 3rd, Pollard of the 24th and Baugh of the 25th:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for approval of sureties; to provide for written rules and regulations defining acceptable sure ties; to provide for the publishing of such rules and regulations by the sher iffs of the state; to provide for requirements; to provide for real property bonds; to provide for qualifications of bondspersons.
Referred to the Committee on Judiciary.

SB 664. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, as amended, so as to change certain provisions regarding the qualifications for membership on such authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 665. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to change the provisions relating to the mayor pro tern; to provide for members of the city governing authority to be members of the city's pension board, the Marietta Historic Board of Review, and the Downtown Marietta Development Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 666. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city; to pro vide authority for the city manager to levy and collect taxes, fees, charges, and other revenue; to establish the city manager as an ex officio sheriff; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 22, 1994

1159

SB 667. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to ratify and confirm certain home rule amendments and local Act amend ments relating to the board of lights and waterworks of the City of Marietta; to provide for officers of such board and powers and duties thereof; to pro vide for a board manager for such board and the powers and duties thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 391. By Senators Thomas of the 10th, Scott of the 36th, Walker of the 22nd and others:
A resolution creating the Commission on Minority Health Improvement.
Referred to the Committee on Rules.

Representative Kaye of the 37th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1547. By Representatives Childers of the 13th, Stephenson of the 25th, Watts of the 26th, Floyd of the 138th, Hudson of the 156th and others:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to applications and fees for drivers' licenses, so as to provide for reduced drivers' license fees for certain applicants who execute anatomi cal gifts.
On the motion, the roll call was ordered and the vote was as follows:

Ashe Y Atkins N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnes Y Bates N Benefield
N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown NBuck
Buckner Y Bunn N Burkhalter
N Byrd Y Campbell
Canty N Carlisle N Carrell N 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 N Crawford Y Crews
N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix N Dixon, H N Dixon, S
Dobbs Y Ehrhart N Epps
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
Y Harris, M NHart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

N Howard N Hudson
N Hughes N Hugley
Irvin N James N Jamieson
N Jenkins Y Johnson, D.H N Johnson, E Y Johnson, G
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 NLord
Lucas Y Maddox YMann N Martin N McBee E McClinton
McKinney N Milam Y Mills

On the motion, the ayes were 41, nays 113.

N Mobley, B N Mobley, J Y Moore
N Mosley Y Mueller E Oliver N O'Neal N Orrock
Padgett Parham
N Parrish N Patten N Pelote N Perry Y Pinholster NPoag N Polak N Porter N Poston N Powell N Purcell, A
Purcell, B Randall N Randolph
NRay N Reaves N Reichert
N Roberts N Royal N Scoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield
N Skipper

N Smith, C N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre
Snow
N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson
N Streat N Taylor
Teague
Y Teper N Thomas
Tillman
Y Titus Y Towery
Trense N Turnquest N Twiggs Y Vaughan N Walker N Wall
Watson N Watts Y Westmorland
White Williams, B N Williams, R YYates N Yeargin Murphy, Spkr

1160

JOURNAL OF THE HOUSE,

The motion was lost.

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 22, 1994
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 22, 1994, by adding the following:
HB 1306 Georgia Health Insurance Plan; enact
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, /a/ Lee of the 94th
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 596. By Representatives Birdsong of the 123rd, Lord of the 121st, Chandler of the 99th, Smith of the 174th and Hembree of the 98th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to increase the amount of the exclusion with respect to retirement income.

The following Committee 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 increase the amount of dependent exemption and retirement income exclusion with respect to Georgia taxable net income; to change the amount of cer tain income tax withholding exemption allowances; to provide for powers, duties, and authority of the state revenue commissioner with respect 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking paragraph (2) of subsection (b) of Code Section 48-7-26, relating to personal exemptions, and inserting in its place new paragraphs (2) and (3) to read as follows:
"(2) An exemption of $1,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return and for each dependent ef ty taxpayer.
(3) (A) For taxable years beginning on or after January 1^ 1994, and prior to Janu ary L. 1995, an exemption of $2,000.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer.
(B) For taxable years beginning on or after January 1 1995, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in comput ing Georgia taxable income of the taxpayer."

TUESDAY, FEBRUARY 22, 1994

1161

Section 2. Said chapter is further amended by striking subparagraph (a) (5) (A) of Code Section 48-7-27, relating to the computation of Georgia taxable net income, and inserting in its place a new subparagraph (a) (5) (A) to read as follows:
"(A) Retirement income otherwise included in Georgia taxable net income not to exceed the exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; ad
(ii) For taxable years beginning on or after January 1, 1990, and prior to January 1^ 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; i
(iii) For taxable years beginning on or after January 1^ 1994, and prior to January 1^ 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; and
(iv) For taxable years beginning on or after January 1. 1995. retirement income from any source not to exceed an exclusion amount of $12,000.00."

Section 3. Said chapter is further amended by striking paragraph (1) of subsection

(b) of Code Section 48-7-101, relating to income tax withholding, and inserting in its place

a new paragraph (1) to read as follows:

"(1) The withholding exemption allowance applicable to a wage payment to an

employee, determined according to the payroll period of the employee, shall be the

amount shown in Column 1, below, or the amount shown in Column 2, below, as the

withholding exemption status of the employee may be, plus the amount shown in Col

umn 3, below, multiplied by the number of dependency exemptions claimed by the

employee.

Col. 1

Col. 2

Col. 3

Single

Marital

Each Dependent

Payroll Period

Exemption

Exemption

Exemption

Weekly

$ 28.75

$ 57.50

48.00

Biweekly

57.50

115.00

c>7 CA

96.00

Semimonthly

62.50

125.00

104.00

Monthly

125.00

250.00

208.00

Quarterly

375.00

750.00

Qrfg AA

625.00

Semiannual

750.00

1,500.00

'TEA AA i UV. W

1,250.00

Annual

1,500.00

3,000.00

2,500.00

Daily or

Miscellaneous

4.10

8.20

4M

6.80"

Section 4. This Act shall become effective on July 1, 1994.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Kaye of the 37th, et al. move to amend the Committee substitute to HB 596 by inserting between "allowances;" and "to" on line 6 of page 1 the following:
"to provide for annual adjustments;".
By striking from lines 19 through 26 of page 2 the following:
"of $10,000.00 per year received from any sourcer;

1162

JOURNAL OF THE HOUSE,

(iii) For taxable years beginning on or after January 1^ 1994, and prior to January lj 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; and
on or after Januar 1995, retirement income from any source not to exceed an exclusion amount of $12,000.00.'",
and inserting in its place the following:
"of $10,000.00 per year received from any source.
(iii) For taxable years beginning on or after January 1^ 1994, and lj 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00;
(iv) For taxable years beginning on or after January 1^ 1995, and prior to January lj 1996, retirement income from any source not to exceed an exclusion amount of $12,000.00; and
(v) For taxable years beginning in calendar year 1996 and future calendar years, the exclusion amount provided for in division (iv) of this paragraph shall be annually adjusted by the commissioner by the same percentage as the most recently available federal Social Security Cost of Living Adjustment percentage which adjustment shall be rounded to the nearest $10.00.'"
By striking from line 26 of page 1 through line 3 of page 2 the following:
years beginning on or after Januar 1995, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer.'",
and inserting in its place the following:
"(B) For taxable years beginning on or after January 1^ 1995, and prior to January lj 1996, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer.
(C) For taxable years beginning in calendar year 1996 and future calendar years, the exemption amount provided for in subparagraph (B) of this paragraph shall be annually adjusted by the commissioner by the same percentage as the most recently available fed eral Social Security Cost of living Adjustment percentage which adjustment shall be rounded to the nearest $10.00.'"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey N Baker Y Bannister N Barfoot
N Bargeron Y Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick
Breedlove N Brooks, D N Brooks, T
Brown NBuck N Buckner Y Bunn

N Burkhalter NByrd N Campbell N Canty N Carlisle
N Carrell N Carter Y Cauthorn N Chambless N Chandler N Channel! N Childers N Clark N Coker N Coleman, B N Coleman, T N Colwell N Connell NCox N Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson
YDix N Dixon, H
N Dixon, S N Dobbs Y Ehrhart N Epps 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 N Hughes N Hugley
Irvin
N James N Jamieson
N Jenkins

N Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein
NLadd Y Lakly N Lane, D
N Lane, R N Lawrence N Lawson
NLee N Lewis NLord
Lucas

TUESDAY, FEBRUARY 22, 1994

1163

Y Maddox Y Mann N Martin N McBee E McClinton
McKinney N Milam
Y Mills N Mobley, B N Mobley, J N Moore N Mosley N Mueller E 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
N Poston N Powell N Purcell, A
N Purcell, B N Randall N Randolph

NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp
N Simpson N Sinkfield N Skipper N 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, P N Stephenson
N Streat N Taylor
Teague
NTeper N Thomas N Tillman
Titus

On the adoption of the amendment, the ayes were 30, nays 137. The amendment was lost.

N Towery Trense
N Turnquest N Twiggs Y Vaughan N Walker Y Wall
Watson
N Watts Y Westmoreland
White N Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Kaye of the 37th, et al. move to amend the Committee substitute to HB 596 by inserting between "allowances;" and "to" on line 6 of page 1 the following:
"to provide for annual adjustments;".
By striking from line 21 of page 1 through line 3 of page 2 the following:
"(3) (A) For taxable years beginning on or after January \ 1994, and prior to Janu ary 1^ 199S, an exemption of $2,000.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer.
(B) For taxable years beginning on or after January l^ 1995, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in comput ing Georgia taxable income of the taxpayer.'",
and inserting in its place the following:
"(3) (A) For taxable years beginning on or after Janu 1, 1994, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in comput ing Georgia taxable income of the taxpayer.
(B) For taxable years beginning in calendar year 1995 and future calendar years, the exemption amount provided for in subparagraph (A) of this paragraph shall be annually adjusted by the commissioner by the same percentage as the most recently available federal Social Security Cost of Living Adjustment percentage which adjust ment shall be rounded to the nearest $10.00.'"
By striking from lines 19 through 26 of page 2 the following:
"of $10,000.00 per year received from any sourcer j
(iii) For taxable years beginning on or after January lj 1994, and prior to January lj 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; and
(iv) For taxable years beginning on or after January 1^ 1995, retirement income from any source not to exceed an exclusion amount of $12,000.00.'",
and inserting in its place the following:
"of $10,000.00 per year received from any source; j and
(iii) (I) For taxable years beginning on or after January 1^ 1994, retirement income from any source not to exceed an exclusion amount of $12,000.00.

1164

JOURNAL OF THE HOUSE,

(II) For taxable years beginning in calendar year 1995 and future calendar years, the exclusion amount provided for in subdivision (I) of this division shall be annu ally adjusted by the commissioner by the same percentage as the most recently available federal Social Security Cost of Living Adjustment percentage which adjust ment shall be rounded to the nearest $10.00.'"

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
Y Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D
N Brooks, T Brown
N Buck N Buckner
YBunn N Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell
N Carter Y Cauthorn N Chambless N Chandler N Channel!
N Childers Y Clark Y Coker Y Coleman, B N Coleman, T

N Colwell N Connell NCox N Crawford
Y Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson YDix N Dixon, H
N Dixon, S N Dobbs 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 NHart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

N Howard
N Hudson N Hughes N Hugley
Irvin N James N Jamieson N Jenkins N Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J
Y Johnston N Jones
Y Joyce YKaye N Kinnamon Y Klein
NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord
Lucas Y Maddox YMann N Martin N McBee E McClinton
McKinney N Milam Y Mills

N Mobley, B
N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal
Orrock N Padgett N Parham N Parrish
N Patten N Pelote N Perry Y Pinholster
NPoag N Polak
N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves
N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield
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, P N Stephenson
N Streat N Taylor
Teague N Teper
Thomas N Tillman Y Titus N Towery
Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall
N Watson N Watts Y Westmorland
White N Williams, B
Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 37, nays 130. The amendment was lost.

The following amendment was read and ruled out of order:

Representatives Harris of the 17th, Smith of the 174th, Stancil of the 16th and Law rence of the 64th move to amend the Committee substitute to HB 596 by striking lines 8 and 9 of page 1 and inserting in lieu thereof the following:
"the foregoing; to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to sales and use tax exemptions, so as to provide an exemption for food for human consumption; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.".
By striking lines 19 and 20 of page 3 in their entirety and inserting in lieu thereof the following:
"Section 4. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, is amended by striking the word "or" from paragraph

TUESDAY, FEBRUARY 22, 1994

1165

(54) of said Code section, by striking the period at the end of paragraph (55) and insert ing "; or" in its place, and by adding a new paragraph (56) to read as follows:
'(56) (A) The retail sale for off-premises human consumption or use of:
(i) Cereals and cereal products; (ii) Milk and milk products; (iii) Meat and meat products; (iv) Fish and fish products; (v) Eggs and egg products; (vi) Vegetables and vegetable products; (vii) Fruit and fruit products including fruit juices; (viii) Sugar, sugar products, and sugar substitutes other than candy, confection ery, and chewing gum; (ix) Coffee and coffee substitutes; (x) Tea, cocoa, and cocoa products other than candy and confectionery; (xi) Spices, condiments, and salt; and (xii) Oleomargarine.
(B) The exemption provided for in subparagraph (A) of this paragraph shall not include:
(i) Candy, confectionery, and chewing gum; (ii) Spirituous, malt, or vinous liquors; (iii) Cocktail mixes; (iv) Soft drinks, sodas, and similar beverages; (v) Medicines, tonics, vitamins, and other dietary supplements; (vi) Water, mineral water, carbonated water, and ice; (vii) Pet foods; (viii) Meals served on or off the premises of the retailer; (ix) Food furnished, prepared, or served for consumption at tables, chairs, or counters, or from trays, glasses, dishes, or other tableware provided by the retailer; (x) Food sold by retailers who ordinarily sell for consumption on or near the premises of the retailer even though such food is sold on a 'take out' or 'to go' order and is actually bagged, packaged, or wrapped and taken from the premises of the retailer; (xi) Food sold through vending machines; and (xii) Food sold by street vendors.'
Section 5. Sections 1 through 3 of this Act shall become effective July 1, 1994. Section 4 of this Act shall become effective as follows: July 1, 1994, the rate of taxation shall be reduced from 4 percent to 3 percent; July 1, 1995, the rate of taxation shall be reduced from 3 percent to 2 percent; July 1, 1996, the rate of taxation shall be reduced from 2 percent to 1 percent; and on and after July 1, 1997, no sales and use tax shall be imposed on the sale of such items.".
By redesignating existing Section 5 of this Act as Section 6.

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 Bargemn Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

1166

JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown YBuck Y Buckner YBunn Y Burkhalter YByrd
Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y 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 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
Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H

Y Johnson, E Y Johnson,G Y Johnson, J Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E 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, A
Y Purcell, B 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 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 Y Teague Y Teper
Y Thomas 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 174, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 596 was ordered immediately transmitted to the Senate.

HB 1783.

By Representative Benefield of the 96th:
A bill to amend Chapter 1 of Title 46 of the Official Code of Georgia Anno tated, relating to general provisions relative to public utilities and public transportation, so as to exclude certain small buses from the definition of motor contract carrier and motor common carrier.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transportation, so as to exclude certain small buses from the definition of motor contract carrier and motor common car rier; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transportation, is amended by striking division (7)(C)(xiii) of Code Section 46-1-1, relating to definitions, in its entirety and inserting in lieu thereof the following:
"(xiii) Vehicles transporting net mere than for hire with a seating capacity not to exceed 15 persons for tee, inclusive of the driver, except that any operator of such a vehicle is required to register the exempt operation with the commission, register and

TUESDAY, FEBRUARY 22, 1994

1167

identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules;"
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker
Y Bannister Barfoot
Y Bargeron Barnes 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
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 Ehrhart
Epps Y Evans Y Felton
Y Floyd, J.M Y Ployd, J.W
Godbee Y Golden
Good win
Y Greene Y Groover Y Hammond
Hanner Harris, B Harris, M YHart
Heard Y Hegstrom
Y Hembree Y Henson Y Holland
Holmes

Y Howard
Y Hudson Y Hughes Y Hugley
Irvin 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
Lord Lucas
Y Maddox Y Mann
Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E 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, A Purcell, B
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 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 Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Y Vaughan Y Walker
Y Wall Watson
Y Watts Y Westmorland
Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1684.

By Representatives Birdsong of the 123rd, Bargeron of the 120th, Padgett of the 119th, Smith of the 175th, Moore of the 113th and others:
A bill to amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to provide that the Governor is authorized to order the Georgia National Guard to duty for the purpose of assisting federal, state, and local law enforcement agencies in drug law enforcement matters and for the purpose of delivering medical care to medically underserved areas.

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:

1168

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
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
Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Epps Y Evans
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 YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Holmes

Howard
Y Hudson Y Hughes Y Hugley
Irvin 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
Lawrence Y Lawson YLee Y Lewis
Lord Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E 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, A Y Purcell, B Y 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 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 Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery
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 160, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Joyce of the 1st 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 House were taken up for consideration and read the third time:

HB 1198.

By Representatives Wall of the 82nd, Mobley of the 86th, Davis of the 48th, McKinney of the 51st, Bannister of the 77th and others:
A bill to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to provide for the offense of drive-by shooting; to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty generally, so as to add as a statutory aggravating circum stance the offense of murder committed while offender was engaged in the commission of the offense of drive-by shooting.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, so as to redefine the act of aggravated assault; to provide for addi tional penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 22, 1994

1169

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, is amended by striking subsection (a) in its entirety and inserting in its place the following:
"(a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; or (2) With a deadly weapon or with any object, device, or instrument which, when
used offensively against a person, is likely to or actually does result in serious bodily injury^; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons with the intent to intimidate, harass, injure, or murder, thereby creating a grave risk to human life."
Section 2. Said Code section is further amended by adding a new subsection to read as follows:
"(g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 30 years."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Wall of the 82nd was read and adopted:

A BILL
To amend Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, so as to redefine the act of aggravated assault; to provide for addi tional 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. Code Section 16-5-21 of the Official Code of Georgia Annotated, relating to aggravated assault, is amended by striking subsection (a) in its entirety and inserting in its place the following:
"(a) A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; or (2) With a deadly weapon or with any object, device, or instrument which, when
used offensively against a person, is likely to or actually does result in serious bodily injury:; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons."
Section 2. Said Code section is further amended by adding a new subsection to read as follows:
"(g) A person convicted of an offense described in paragraph (3) of subsection (a) of this Code section shall be punished by imprisonment for not less than three nor more than 20 years."
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:

1170

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
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
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 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 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 Irvin
Y James
Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E 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, A Y Purcell, B
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 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 Y Teague Y Teper
Y Thomas 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, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1672. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to provide procedures for the determination of appropriate gas supply plans for gas utilities and adjustment factors which shall be applicable to firm customers.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, so as to change the provisions relating to the payment of a special fee by corporations and utilities subject to the jurisdiction of the commission; to provide that such special fee shall be fixed according to the gross revenues of each pub lic service corporation or utility resulting from intrastate service regulated by the commis sion; to provide that certain revenues shall not be included in the gross revenues of telephone utilities; to provide that certain revenues shall not be included in the gross reve nues of local exchange companies; to provide for notice of amount due; to repeal certain provisions relating to revised apportionment based on appeal; to provide procedures for the determination of appropriate gas supply plans for gas utilities and adjustment factors which shall be applicable to firm customers; to define certain terms; to provide procedures for determining purchased gas adjustment rates; to provide that on or before August 1 of

TUESDAY, FEBRUARY 22, 1994

1171

each year, each gas utility shall file with the commission its gas supply plan for the follow ing recovery year; to provide for certain information and factors to be included in such filings; to provide for hearings conducted by the commission; to provide that a gas utility has the burden of proof to show that a proposed gas supply plan and adjustment factors are appropriate; to provide that adjustment factors shall be set at levels appropriate to account for underrecoveries and overrecoveries during the preceding recovery year; to pro vide that under certain circumstances a gas supply plan and adjustment factors proposed by a gas utility shall become effective by operation of law; to require gas utilities to file with the commission information relating to purchased gas costs and accumulated pur chased gas costs during a recovery year and data available showing monthly and accumu lated overrecoveries and underrecoveries of actual purchased gas costs resulting from application of its purchased gas adjustment rate; to provide for revisions in adjustment factors; to provide for judicial review of orders of the commission; to limit the authority of the commission with respect to purchased gas adjustment rates after certain actions by federal regulatory agencies; to authorize gas utilities to recover certain purchased gas costs except where there is fraud or willful misconduct by the gas utility; to provide an excep tion with respect to imprudent conduct on the part of a gas utility; to provide that the commission may authorize a gas utility to recover additional costs and to remove certain costs from purchased gas costs; to authorize the commission to amend gas supply plans 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to the Public Service Commission, is amended by striking in its entirety Code Section 46-2-10, relating to the payment of a special fee by corporations and utilities subject to the jurisdiction of the commission, and inserting in lieu thereof a new Code Section 46-2-10 to read as follows:
"46-2-10. (a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value ef tta property, as ascertained by th test preceding state tax assessment gross rev enues of each such public service corporation or utility resulting from intrastate service regulated by the commission, as ascertained by the state revenue commissioner from reports filed with the state revenue commissioner by such public service corporations and utilities and from gross revenues reported for income tax purposes pursuant to Chapter 7 of Title 48, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation gross revenues so as to produce a revenue of $1,050,000.00 per annum. Notwithstanding any other provisions of this Code section, the gross revenues of a telephone utility shall not include revenues of such a utility received from the collection of interstate tolls, interstate access or subscriber line charges, interstate call charges, amounts paid by a telecommunications service provider to any other telecommunications service provider for carrier access charges, or any charges for any unregulated services. Any revenues collected by a local exchange com pany as a billing and collection agent shall be excluded from the calculation of the gross revenues of the local exchange company.
(b) (1) Not later than December 1, 1000 1994, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20, 1991 1995. Such sum of $1,050,000.00 shall be available for appropria tion in an amount sufficient to cover the cost of operating the Public Service Commis sion.
(2) Effective January 1, 1991 1995, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1,050,000.00 shall

1172

JOURNAL OF THE HOUSE,

be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. (c) fe the event a public service corporation of utility appeals its- test preceding state
t>tX Q9SG99IX16I11} IJlC I1HL1 OUtCOMIC Or 9UC11 ftft &]3]3&Ll Silflli 06 IxlC 03913 tOT ft FCV19CQ
apportionment ef-fees which wiH fee applied toward future public service corporation fee assessments. In case of default in payment by any public service corporation or utility of the fee provided for in this Code section, the state revenue commissioner shall pro ceed to collect the same in the same manner as franchise taxes are collected."
Section 2. Said chapter is further amended by adding between Code Section 46-2-26.4 and 46-2-27 a new Code Section 46-2-26.5 to read as follows:
"46-2-26.5. (a) As used in this Code section, the term: (1) 'Adjustment factor' means a factor used pursuant to a purchased gas adjust
ment rate to recover purchased gas costs. (2) 'Commission' means the Georgia Public Service Commission. (3) 'Firm customer' means a customer who purchases gas from a gas utility on a
firm basis which ordinarily is not subject to interruption or curtailment. (4) 'Gas supply plan' means the particular array of available gas supply, storage,
and transportation options selected by a gas utility to supply the requirements of its firm customers.
(5) 'Gas utility' means a gas utility subject to the jurisdiction of the commission. (6) 'Purchased gas adjustment rate' means a purchased gas adjustment rider or similar rate, provision, or clause in the tariff of a gas utility pursuant to which pur chased gas costs are billed to the firm customers of the gas utility. (7) 'Purchased gas costs' means all costs incurred by a gas utility for the purpose of acquiring gas delivered to its system in order to supply its firm customers, includ ing without limitation the costs incurred in purchasing gas from sellers; the costs incurred in transactions involving rights to buy and sell gas; the costs incurred in gathering gas for transportation to the gas utility; the costs incurred in transporting gas to the facilities of the gas utility; the costs incurred in acquiring and using gas storage service from others, including the costs of injecting and withdrawing gas from storage; and all charges, fees, and rates incurred in connection with such purchases, rights, gathering, storage, and transportation. (8) 'Recovery year' means the 12 calendar months commencing October 1, 1994, and ending September 30, 1995, and each succeeding 12 calendar month period there after.
(b) Commencing October 1, 1994, the requirements of this Code section shall apply to any purchased gas adjustment rate. The requirements of Code Section 46-2-25 shall not apply to filings made or proceedings conducted pursuant to this Code section.
(c) On or before August 1 of each year, each gas utility shall file with the commission its gas supply plan for the following recovery year. The gas utility shall include with such filing the adjustment factors it proposes for recovering its purchased gas costs dur ing such following recovery year, together with the calculations that produced such fac tors.
(d) Not less than ten days after any such filing by a gas utility, the commission shall conduct a public hearing on such filing. The gas utility's testimony shall be under oath and shall, with any corrections thereto, constitute the gas utility's affirmative case. At any hearing conducted pursuant to this Code section, the burden of proof to show that the proposed gas supply plan and adjustment factors are appropriate shall be upon the gas utility.
(e) Following such a hearing, the commission shall issue an order approving the gas supply plan filed by the gas utility or adopting a gas supply plan for the gas utility that the commission deems appropriate. In addition, the commission in its order shall approve the adjustment factors proposed by the gas utility or adopt adjustment factors that the commission deems appropriate. The adjustment factors approved or adopted by the commission, or otherwise made effective under this Code section, shall be applied uniformly to all firm customers upon the effective date of such factors. The adjustment factors to be effective during the recovery year commencing October 1, 1994, shall be

TUESDAY, FEBRUARY 22, 1994

1173

set at levels appropriate to account for underrecoveries or overrecoveries, if any, under the purchased gas adjustment rate of the gas utility in effect prior to October 1, 1994. The adjustment factors to be applicable during each recovery year commencing October 1, 1995, and thereafter, shall be set at levels appropriate to account for underrecoveries or overrecoveries during the preceding recovery year. Should the commission fail or refuse to issue an order by the forty-fifth day after the gas utility's filing which either approves the gas supply plan filed by the gas utility or adopts a different gas supply plan for the gas utility, the gas supply plan proposed by the gas utility shall thereupon be deemed approved by operation of law. Similarly, should the commission fail or refuse to issue an order by such date which either approves the adjustment factors proposed by the gas utility or adopts different adjustment factors for the gas utility, the adjust ment factors proposed by the gas utility shall thereupon be deemed approved by opera tion of law.
(f) The provisions of law relating to parties, intervention, and discovery in proceed ings before the commission shall apply with respect to proceedings under this Code sec tion.
(g) Each gas utility shall file with the commission monthly its actual monthly pur chased gas costs and accumulated purchased gas costs during the recovery year. The gas utility shall include in such filing information which demonstrates whether such pur chased gas costs were incurred in accordance with a gas supply plan which had become effective in accordance with the provisions of this Code section.
(h) Each gas utility shall also file with the commission monthly the most current data available showing the monthly and accumulated overrecoveries or underrecoveries of actual purchased gas costs resulting from application of its purchased gas adjustment rate.
(i) At least every three calendar months, the gas utility shall file proposed revisions to the adjustment factors based on actual unrecovered purchased gas costs in order that the revenues to be recovered pursuant to such rate during the remainder of the current recovery year shall equal, as nearly as possible, the gas utility's unrecovered purchased gas costs through the end of such recovery year. The revisions to the adjustment factors, if any, shall be made to the nearest O.Olit per therm. Unless the commission directs oth erwise, such revised adjustment factors shall become effective on the first day of the first calendar month that begins at least 15 days after the date of such filing.
(j) All commission orders issued pursuant to this Code section shall contain the com mission's findings of fact and conclusions of law upon which the commission's action is based. Any such order shall be deemed a final order subject to judicial review under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(k) The commission shall not prohibit or limit the operation of a purchased gas adjustment rate of a gas utility to the extent that the adjustment permits increases or decreases to adjust for increased or decreased purchased gas costs when such increased or decreased purchased gas costs shall have become effective under the procedures of a federal regulatory agency or under a contract approved by a federal regulatory agency. Any subsequent refunds received by a gas utility with respect to any such increased pur chased gas costs which become effective under procedures of a federal regulatory agency, or otherwise, shall be treated by the gas utility in such manner as the commission may direct.
(1) Any purchased gas costs which are incurred by a gas utility in accordance with a gas supply plan which was in effect pursuant to the provisions of this Code section at the time such costs were incurred may be recovered by the gas utility under its pur chased gas adjustment rate and shall not be disallowed retroactively by the commission nor by any court which reviews the action of the commission in the absence of fraud or willful misconduct on the part of the gas utility; provided, however, that the commis sion may disallow and make appropriate adjustments for any purchased gas costs that were not incurred in accordance with such a gas supply plan if the same resulted in higher purchased gas costs and were the result of clearly imprudent conduct on the part of the gas utility. The provisions of this Code section shall not prohibit the commission from authorizing a gas utility to recover under a purchased gas adjustment rate costs

1174

JOURNAL OF THE HOUSE,

or amounts in addition to purchased gas costs, nor shall the provisions of this Code sec tion prohibit the commission from removing from purchased gas costs those costs incurred by a gas utility for the purpose of acquiring gas to supply customers who are not firm customers.
(m) After a gas supply plan has become effective under the provisions of this Code section as a result of a proceeding before the commission, the commission shall retain jurisdiction of the proceeding for the balance of the recovery year for the purposes set forth in this subsection. Upon the application of the affected gas utility or upon its own initiative, the commission may, after affording due notice and opportunity for hearing to the affected gas utility and the intervenors in the proceeding, amend the gas supply plan of the affected gas utility for the remainder of the recovery year. The amended gas supply plan shall become effective upon the date of the commission's order and shall not have retroactive effect."
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.

Pursuant to Rule 134, Representative Bailey of the 93rd was excused from voting on HB 1672.

The following amendment was read:

Representative Teper of the 61st moves to amend the Committee substitute to HB 1672 as follows:
Page 3 line 17 strike "$1,050,000.00" and insert "$4,000,000.00",
Page 4 line 4 strike "$1,050,000.00" and insert "$4,000,000.00", Page 4 line 11 strike "$1,050,000.00" and insert "$4,000,000.00".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Ashe N Atkins
Bailey Baker N Bannister Barfoot N Bargeron
N Barnes Bates
N Benefield Birdsong
N Bordeaux N Bostick N Breedlove N Brooks, D
N Brooks, T Y 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 N Channell N Childers N Clark N Coker N Coleman, B N Coleman, T
N Colwell N Connell N Cox N Crawford N Crews N Culbreth N Cummings N Davis, G
N Davis, M N Dickinson N Dix N Dixon, H N Dixon, S N Dobbs
Ehrhart N Epps 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 Banner N Harris, B N Harris, M
N Hart N Heard N Hegstrom N Hembree N Henson N Holland N Holmes N Howard
N Hudson N Hughes N Hugley
Irvin N James N Jamieson N Jenkins N Johnson, D.H N Johnson, E
Johnson, G N Johnson, J N Johnston N Jones N Joyce

N Kaye N Kinnamon N Klein N Ladd N Lakly N Lane, D N Lane, R
N Lawrence Lawson
N Lee N Lewis
Lord Lucas N Maddox N Mann
N Martin N McBee E McClinton N McKinney N Milam N Mills N Mobley, B N Mobley, J N Moore
N Mosley N Mueller E Oliver Y O'Neal
Orrock

N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pinholster
N Poag N Polak
Porter N Poston N Powell N Purcell, A N Purcell, B N Randall
N Randolph N Ray N Reaves N Reichert N Roberts N Royal
Scoggins Shanahan N Sherrill
N Shipp N Simpson N Sinkfield N Skipper
Smith, C

TUESDAY, FEBRUARY 22, 1994

1175

N Smith, L Y Smith, P
Smith, T N Smith, V
N Smith, W Smyre
N Snow

N Stancil, F N Stancil, S
N Stanley, L N Stanley, P N Stephenson N Streat N Taylor

N Teague Y Teper N Thomas N Tillman
N Titus Towery
N Trense

Turnquest N Twiggs N Vaughan N Walker N Wall
N Watson N Watts

On the adoption of the amendment, the ayes were 6, nays 150. The amendment was lost.

N Westmorland N White N Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Y Baker Y Bannister
Barfoot Y Bargeron
Y Barnes Bates
Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown Y Buck Y Buckner
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
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 Ehrhart
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 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 Irvin
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 YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence
Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam
Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley
Y Mueller E 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, A Y Purcell, B 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 Skipper

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, P
Y Stephenson Y Streat Y Taylor Y Teague N Teper Y Thomas Y Tillman Y Titus
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 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 1375 was postponed until Wednesday, February 23, 1994, immediately following the period of unanimous consents.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

1176

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tem called the House to order
Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1866 Do Pass, by Substitute
Respectfully submitted, /a/ Reaves of the 178th
Chairman
Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1487 Do Pass, by Substitute HB 1119 Do Pass, by Substitute SB 626 Do Pass, by Substitute
Respectfully submitted, /a/ Thomas of the 100th
Chairman
Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 419 Do Pass, by Substitute HB 260 Do Pass, by Substitute
Respectfully submitted, /a/ Cummings of the 27th
Chairman
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker:

TUESDAY, FEBRUARY 22, 1994

1177

The Senate insists on its substitute to the following Bill of the House:

HB 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.

The following Resolutions of the House were read and adopted:

HR 1004.

By Representatives Hart of the 116th, Padgett of the 119th, Connell of the 115th, Howard of the 118th, Brown of the 117th and others:
A resolution commending the students and teachers of Hephzibah High School.

HR 1005. By Representative Streat of the 167th: A resolution commending Mr. Max Lockwood.

HR 1006.

By Representatives Howard of the 118th, Hart of the 116th, Brown of the 117th and Connell of the 115th:
A resolution commending Rev. James C. Kendrick, Sr., of the Hale Street Baptist Church.

HR 1007.

By Representatives Martin of the 47th, Lane of the 55th and Sinkfield of the 57th:
A resolution commending the Odyssey Family Counseling Center on the ded ication of its new facilities.

HR 1008. By Representatives Vaughan of the 34th and Ehrhart of the 36th: A resolution commending the McEachern High School wrestling team.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1504.

By Representatives Felton of the 43rd, Campbell of the 42nd, Barnes of the 33rd, Cauthorn of the 35th, Vaughan of the 34th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to change the manner of appointment of members and alternate members of county boards of equalization in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census.

The following Committee substitute was read and withdrawn:

A BILL
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for arbitration as

1178

JOURNAL OF THE HOUSE,

an alternate method of appealing a decision of the county board of tax assessors; to change certain provisions regarding notice of changes in taxpayers' returns; to provide for the appointment of arbitrators; to provide procedures for arbitration; to change certain refer ences to laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking subsection (b) of Code Section 48-5-306, relating to notice of changes in taxpayers' returns, and inserting in its place a new subsection (b) to read as follows:
"(b) Contents of notice. The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and the assessed value of the taxpayer's property subject to taxation after being reduced. In addition to the fore going, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors ad either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. You must elect at that time if you desire to submit your appeal to arbitration or your right to arbitration may be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'"
Section 2. Said part is further amended by striking in their entirety subsections (e) through (i) of Code Section 48-5-311, relating to the creation of county boards of equaliza tion and their duties, and inserting in lieu thereof new subsections (e) through (j) to read as follows:
"(e) Appeal. (1) Any resident or nonresident taxpayer may appeal from an assessment by the
county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions; ; Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this sub section. Appeals to an arbitrator or arbitrators shall be conducted in the manner spec ified in subsection (f) of this Code section.
(2) (A) An appeal shall be effected by filing with the county board of tax asses sors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations provid ing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. The taxpayer shall elect on such appeal whether the taxpayer desires to submit the appeal to arbitration in the event the board of tax assessors makes no changes or corrections in the valuation or decision in question. 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 iden tification 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.

TUESDAY, FEBRUARY 22, 1994

1179

A written objection to an assessment of personal property received by a county board of tax assessors 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 assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissat isfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by sending a written notice of appeal to the county board of tax asses sors. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (3) Reserved. (4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization. (5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(B) The commissioner, by regulation, may adopt uniform procedures and stan dards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals. (6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her autho rized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board.
(B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notifi cation to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented.
(C) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each ques tion presented by the appeal, shall state that with respect to the appeal no mem ber of the board is disqualified from acting by virtue of subsection $t) Q of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the

1180

JOURNAL OF THE HOUSE,

county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately follow ing year rather than substituting the valuation which was changed by the county board of equalization.
(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 deduc tion in his or her 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 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. (7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county con ducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (f) Arbitration. (1) In the event the taxpayer has made the proper election to arbitrate the appeal as required under subparagraph (e)(2)(A) of this Code section, such appeal shall be submitted to arbitration. If the taxpayer fails or refuses to make such election, such appeal may be submitted to arbitration under this subsection by the taxpayer if the county board of tax assessors makes a written election to arbitrate such appeal. (2) Following an election by the taxpayer or the county board of tax assessors under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 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 county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration including, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee. (3) The arbitration of the correctness of the decision of the county board of tax assessors shall be conducted pursuant to the procedures outlined in Article 2 of Chap ter 9 of Title 9 with the following exceptions: (A) If both parties agree, the matter may be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator;

TUESDAY, FEBRUARY 22, 1994

1181

(B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the superior court as provided in Code Section 9-9-67;
(C) In order to be qualified to serve as an arbitrator, a person must be at least a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board;
(D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their appointment shall render a decision regarding the correctness of the deci sion of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be cor rected. The decision of the arbitrator or arbitrators, as applicable, may be appealed to the superior court in the same manner as a decision of the board of equalization; and
(E) The two parties shall each be responsible for one-half of the fees and costs of such arbitration.
{) (g) Appeals to the superior court.
(1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization,, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county gov erning authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by filing a written notice of appeal with the county board of tax assessors. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice in either case shall be filed within 30 days from the date on which the decision of the county board of equalization is mailed pur suant to subparagraph (e)(6)(C) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall cer tify to the clerk of the superior court the notice of appeal and any other papers speci fied by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equali zation. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court.
(3) The appeal shall constitute a de novo action.
(4) (A) The appeal shall be heard before a jury at the first term following the fil ing of the appeal. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court.
(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 deter mination of value on appeal is less than the valuation set by the county board of equalization; the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in his or her taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduc tion at the same rate as specified in Code Section 48-2-35 which shall accrue from

1182

JOURNAL OF THE HOUSE,

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 arbitrator, or the arbitrators, as applicable, 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. 4g) (h) Alternate members. Alternate members of the county board of equalization in the order in which selected shall serve: (1) As members of the county board of equalization in the event there is a perma nent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alter nate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; (2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. $} (i) Disqualification. (1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject mat ter. (2) The parties to an appeal to the county board of equalization shall file in writ ing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) of this Code section. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. {i} (j) Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be deter mined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed rea sonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representatives Felton of the 43rd, Buck of the 135th, Royal of the 164th, Skipper of the 137th and Harris of the 112th was read and adopted:
A BILL
To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for arbitration as

TUESDAY, FEBRUARY 22, 1994

1183

an alternate method of appealing a decision of the county board of tax assessors; to change certain provisions regarding notice of changes in taxpayers' returns; to provide for the appointment of arbitrators; to provide procedures for arbitration; to change certain refer ences to laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking subsection (b) of Code Section 48-5-306, relating to notice of changes in taxpayers' returns, and inserting in its place a new subsection (b) to read as follows:
"(b) Contents of notice. The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain the amount of the previous assessment, the amount of the current assessment, and the year for which the new assessment is applicable. In all cases, the notice shall contain a brief description of the assessed property broken down into real and personal property classifications, the fair market value of property of the taxpayer subject to taxation, and the assessed value of the taxpayer's property subject to taxation after being reduced. In addition to the fore going, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors and either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'"
Section 2. Said part is further amended by striking in their entirety subsections (e) through (i) of Code Section 48-5-311, relating to the creation of county boards of equaliza tion and their duties, and inserting in lieu thereof new subsections (e) through (j) to read as follows:
"(e) Appeal. (1) Any resident or nonresident taxpayer may appeal from an assessment by the
county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions; . Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this sub section. Appeals to an arbitrator or arbitrators shall be conducted in the manner spec ified in subsection (f) of this Code section.
(2) (A) An appeal shall be effected by filing with the county board of tax asses sors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations provid ing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in par agraph (1) of this subsection. A written objection to an assessment of personal prop erty received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of per sonal 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

1184

JOURNAL OF THE HOUSE,

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 equal ization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatis fied with the changes or corrections made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissat
isfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of
equalization by sending a written notice of appeal to the county board of tax asses sors. The county board of tax assessors shall send or deliver the notice of appeal
and all necessary papers to the county board of equalization. (3) Reserved.
(4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization.
(5) (A) The county board of equalization shall determine all questions presented
to it on the basis of the best information available to the board. (B) The commissioner, by regulation, may adopt uniform procedures and stan
dards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals.
(6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall
so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her autho
rized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the
agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing
required in this paragraph but not earlier than 20 days from the date of such notifi cation to the taxpayer, the county board of equalization shall hold such hearing to
determine the questions presented. (C) (i) The decision of the county board of equalization shall be in writing,
shall be signed by each member of the board, shall specifically decide each ques tion presented by the appeal, shall state that with respect to the appeal no mem
ber of the board is disqualified from acting by virtue of subsection $} (i) of this Code section, and shall certify the date on which notice of the decision is given
to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of
the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required
in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the
county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on
the property tax notice of assessment of such taxpayer for the immediately follow ing year rather than substituting the valuation which was changed by the county board of equalization.

TUESDAY, FEBRUARY 22, 1994

1185

(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 deduc tion in his or her 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 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. (7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors. (8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county con ducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request. (f) Arbitration. (1) At the option of the taxpayer an appeal shall be submitted to arbitration.
(2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's filing a written notice of arbi tration with the county board of tax assessors. The notice of arbitration shall specifi cally state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for coun ties 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 county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration includ ing, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee.
(3) The arbitration of the correctness of the decision of the county board of tax assessors shall be conducted pursuant to the procedures outlined in Article 2 of Chap ter 9 of Title 9 with the following exceptions:
(A) If both parties agree, the matter may be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator;
(B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the superior court as provided in Code Section 9-9-67;
(C) In order to be qualified to serve as an arbitrator, a person must be at least a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board;

1186

JOURNAL OF THE HOUSE,

(D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their appointment shall render a decision regarding the correctness of the deci sion of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be cor rected. The decision of the arbitrator or arbitrators, as applicable, may be appealed to the superior court in the same manner as a decision of the board of equalization; and
(E) The taxpayer shall be responsible for the fees and costs of such taxpayer's arbitrator and the county shall be responsible for the fees and costs of such county's arbitrator. The two parties shall each be responsible for one-half of the fees and costs of the third arbitrator. In the event the appeal is submitted to a single arbitra tor, the two parties shall each be responsible for one-half of the fees and costs of such arbitrator.
{f-) (g) Appeals to the superior court.
(1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county gov erning authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by filing a written notice of appeal with the county board of tax assessors. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice in either case shall be filed within 30 days from the date on which the decision of the county board of equalization is mailed pur suant to subparagraph (e)(6)(C) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall cer tify to the clerk of the superior court the notice of appeal and any other papers speci fied by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equali zation. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court.
(3) The appeal shall constitute a de novo action.
(4) (A) The appeal shall be heard before a jury at the first term following the fil ing of the appeal. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court.
(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 deter mination of value on appeal is less than the valuation set by the county board of equalization the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in his or her taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduc tion 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 arbitrator, or the arbitrators, as applicable, the taxpayer shall be liable for the

TUESDAY, FEBRUARY 22, 1994

1187

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. {g} (h) Alternate members. Alternate members of the county board of equalization in the order in which selected shall serve: (1) As members of the county board of equalization in the event there is a perma nent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alter nate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term; (2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or (3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board. $*} {i} Disqualification. (1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject mat ter. (2) The parties to an appeal to the county board of equalization shall file in writ ing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) of this Code section. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court. & (& Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be deter mined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed rea sonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals."
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 Y Bates Y Benefield Y Birdsong
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 Y Cauthorn
Chambless
Y Chandler

1188

JOURNAL OF THE HOUSE,

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 Y Dixon, H
Y Dixon, S Y Dobbs
Y Ehrhart Y Epps
Evans
Y Feiton 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
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hughes Y Hugley
Jrvin 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 Lawrence
Y Lawson
YLee Y Lewis YLord
Lucas Y Maddox
YMann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett
Parham Y Parrish Y Patten

Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph YRay
Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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
Thomas 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
Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker assumed the Chair.

HB 1306. By Representatives Lord of the 121st, Culbreth of the 132nd, Towery of the 30th, Johnson of the 148th, Brown of the 117th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to public assistance, so as to enact a new article providing for health care insurance coverage to be made available for the residents of this state.

Representative Holmes of the 53rd moved that HB 1306 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Ashe
N Atkins N Bailey
Baker N Bannister
N Barfoot N Bargeron
N Barnes N Bates N Benefleld N Birdsong
Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T N Brown N Buck N Buckner
Y Bunn

N Burkhalter
NByrd N Campbell
Y Canty Y Carlisle
N Carrell N Carter N Cauthorn
N Chambless N Chandler N Channell
Y Childers N Clark N Coker N Coleman, B
Coleman, T N Colwell N Connell NCox N Crawford

N Crews N Culbreth Y Cummings Y Davis, G N Davis, M
Dickinson NDix Y Dixon, H
N Dixon, S N Dobbs N Ehrhart N Epps N Evans N Feiton N Floyd, J.M N Floyd, J.W N Godbee N Golden
Goodwin Y Greene

N Groover N Hammond N Hanner N Harris, B N Harris, M YHart N Heard Y Hegstrom N Hembree N Henson N Holland Y Holmes N Howard
N Hudson N Hughes Y Hugley
Irvin
Y 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 N Klein NLadd N Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord
Lucas

TUESDAY, FEBRUARY 22, 1994

1189

N Maddox N Mann N Martin
N McBee E McClinton
McKinney N Milam N Mills Y Mobley, B N Mobley, J N Moore N Mosley N Mueller
E Oliver N O'Neal Y Orrock

N Padgett N Parham N Parrish
Patten Y Pelote
Y Perry N Pinholster N Poag Y Polak Y Porter Y Poston N Powell N Purcell, A
N Purcell, B Y Randall N Randolph

N Ray N Reaves N Reichert
Y Roberts N Royal
Y Scoggins Shanahan
N Sherrill N Shipp N Simpson Y Sinkfield N Skipper N Smith, C
Y Smith, L N Smith, P N Smith, T

N Smith, V N Smith, W Y Smyre
N Snow N Stancil, F
N Stancil, S Y Stanley, L N Stanley, P N Stephenson N Street Y Taylor Y Teague Y Teper
Thomas Y Tillman N Titus

N Towery N Trense Y Turnquest
N Twiggs N Vaughan
N Walker N Wall N Watson N Watts N Westmoreland Y White N Williams, B N Williams, R
N Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 35, nays 131. The motion was lost.

The following amendment was read:

The Committee on Insurance moves to amend HB 1306 by adding "or policy" immedi ately following "contract" on line 15 of page 4.
By striking lines 15 through 18 of page 5 and inserting in their place the following:
"(15) 'Medicaid coverage' means only that portion of mandatory services as defined as that health care coverage required under the Medicaid law which the department determines to include in the Medicaid plan."
By striking lines 26 and 27 of page 5 and inserting in their place the following:
"however, that the department determines the services which shall be included in this plan, except that no long-term care services shall be included in this plan."
By striking lines 31 through 34 of page 5 and lines 1 and 2 of page 6 and inserting in their place the following:
"(19) 'Plan minimum coverage' means such coverage as specified by regulation of the department but shall not exceed Medicaid coverage".
By adding "(1)" immediately following "(b)" on line 9 of page 7.
By adding immediately after "state" on line 13 of page 7 the following:
"and health care provider networks which qualify under rules and regulations to be established by the department".
By striking line 15 of page 7 and inserting in its place the following:
"of medical assistance, subject to the provisions of Code Section 49-4-126. The entity contracting to".
By striking lines 27 through 30 of page 7 and inserting in their place the following:
"services while outside the state. The department shall award contracts under this subsection following substantially the same bidding requirements imposed upon the department in awarding other contracts for health care coverage for recipients of medi cal assistance."
By adding between lines 30 and 31 of page 7 the following:
"(2) To ensure that recipients of medical assistance receive the highest quality of service under contracts awarded under paragraph (1) of this subsection, the department

1190

JOURNAL OF THE HOUSE,

shall monitor all state contractors at least quarterly; review patient grievances, disenrollment forms, medical records, and financial records; and require all state con tractors to establish methods for assuring quality and patient satisfaction."
By striking "the plan minimum coverage" on line 3 of page 8 and lines 8 and 9 of page 8 and inserting in their place the following:
"health care contracts or policies providing the plan minimum coverage".
By striking "The department" on line 17 of page 8 and inserting in its place the fol lowing:
"Health care contracts or policies providing the plan minimum coverage".
By striking lines 21 and 22 of page 8 and inserting in their place the following:
"by another state contractor. Health care contracts or policies providing the plan min imum coverage shall provide for".
By striking lines 22 through 24 of page 9 and inserting in their place the following:
"49-4-194. The department shall determine which recipients of medical assistance shall be members of the Medicaid plan."
By adding "and payment of premium" immediately after "application" on line 8 of page 10.
By striking lines 6 and 7 of page 17 and inserting in their place the following:
"multiplied by three. The maximum premium which may be charged".
By striking "for families of the same number of covered persons" from lines 17 and 18 of page 17.

The following amendment was read and lost:

Representative Holmes of the 53rd moves to amend the Committee amendment to HB 1306 as follows:
Strike language in Code Section 49-4-194 on page 3, lines 12 - 14, and substitute the following language in 49-4-194 to read as follows:
"Every recipient of medical assistance shall have a choice of whether to be enrolled in a plan offered by a state contractor".

The Committee amendment was adopted.

The following amendment was read and adopted:

Representative Canty of the 52nd moves to amend HB 1306 as follows: Line 27 - 7 after the word state, Add - or out of the assigned geographical area, temporarily.

The following amendment was read and lost:

Representative Holmes of the 53rd moves to amend HB 1306 as follows: On line 9, page 7 strike the word "shall" and add the words "is authorized to".

TUESDAY, FEBRUARY 22, 1994

1191

The following amendment was read and adopted:

Representative Mueller of the 152nd moves to amend HB 1306 as follows: On page 6 delete line 1 and 2.

The following amendment was read:

Representative Turnquest of the 73rd moves to amend HB 1306 as follows:
Add on pg 7 at line 15 after the word assistance. The entity contracting to provide coverage under that contract must include on its physician referral list any willing provider who is licensed and has experience in a stated medical area in compliance with O.C.G.A. Code Section 33-30-25.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey
Baker N Bannister
N Barfoot Bargeron
N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown NBuck N Buckner
Y Bunn N Burkhalter NByrd N Campbell
Y Canty N Carlisle N Carrell N Carter N Cauthorn
Chambless N Chandler N Channell Y Childers N Clark N Coker N Coleman, B N Coleman, T

N Colwell N Connell N Cox N Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M
Dickinson N Dix Y Dixon, H N Dixon, S N Dobbs N Ehrhart
YEpps Evans
N Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden
Good win Y Greene N Groover Y Hammond N Hanner N Harris, B N Harris, M YHart Y Heard Y Hegatrom
N Hembree Y Henson Y Holland Y Holmes

Howard N Hudson N Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E N Johnson, G N Johnson, J Y Johnston
Y Jones Y Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane, D N Lane, R N Lawrence Y Lawson
NLee N Lewis
NLord Lucas
Y Maddox
N Mann Y Martin
Y McBee E McClinton Y McKinney N Milam
Y Mills

Y Mobley, B N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal Y Orrock N Padgett N Parham N Parrish
Patten Y Pelote N Perry
N Pinholster YPoag Y Polak Y Porter Y Poston N Powell N Purcell, A N Purcell, B Y Randall Y Randolph
NRay N Reaves
N Reichert Y Roberts N Royal Y Scoggins
Shanahan N Sherrill N Shipp N Simpson
Y Sinkfield N Skipper

On the adoption of the amendment, the ayes were 56, nays 108. The amendment was lost.

N Smith, C Y 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, P Y Stephenson N Streat Y Taylor
Y Teague Y Teper N Thomas Y Tillman N Titus N Towery N Trense
Y Turnquest Twiggs
N Vaughan N Walker N Wall
N Watson N Watts N Westmoreland Y White
Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

Representative Tillman of the 173rd moved that the House reconsider its action in failing to adopt the Turnquest amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins Y Bailey

Baker N Bannister N Barfoot

N Bargeron N Barnes N Bates

N Benefield N Birdsong Y Bordeaux

Bostick N Breedlove N Brooks, D

1192

JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown NBuck Y Buckner Y Bunn
Y Burkhalter
NByrd
N Campbell
Y Canty
Y Carlisle
N Carrell N Carter
N Cauthorn Chambless
N Chandler N Channell Y Childers N Clark N Coker N Coleman, B
N Coleman, T N Colwell N Connell N Cox
N Crawford
Y Crews N Culbreth Y Cummings
Y Davis, G N Davis, M
Dickinson NDix Y Dixon, H

N Dixon, S N Dobbs N Ehrhart YEpps Y Evans N Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden
Goodwin Y Greene N Groover
Y Hammond N Manner
N Harris, B N Harris, M YHart Y Heard Y Hegstrom
N Hembree Y Henson Y Holland Y Holmes Y Howard
Hudson Y Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins
Y Johnson, D.H

N Johnson, E N Johnson, G N Johnson, J N Johnston
Y Jones Y Joyce NKaye N Kinnamon Y Klein YLadd N Lakly
Lane, D N Lane, R
N Lawrence Y Lawson NLee
N Lewis NLord
Lucas
Y Maddox YMann Y Martin Y McBee E McClinton Y McKinney N Milam Y Mills Y Mobley, B N Mobley, J N Moore Y Mosley N Mueller E Oliver

N O'Neal Y Orrock N Padgett
N Parham N Parrish
Patten
Y Pelote Y Perry N Pinholster
YPoag Y Polak Y Porter Y Poston
N Powell N Purcell, A Y Purcell, B Y Randall Y Randolph NRay Y Reaves N Reichert
Y Roberts Y Royal Y Scoggins
Shanahan
N Sherrill N Shipp
N Simpson Y Sinkfield N Skipper Y Smith, C Y Smith, L N 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 Y Teague Y Teper
Thomas Y Tillman N Titus N Towery N Trense Y Turnquest
N Twiggs N Vaughan Y Walker N Wall N Watson N Watts N Westmoreland Y White
Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 78, nays 86. The motion was lost.

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
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
Y Brown NBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty N Carlisle
Y Carrell Y Carter Y Cauthorn
N Chambless Y Chandler

Y Channell
Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell NCox
Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M
Dickinson YDix
N Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans
Y Felton Y Floyd, J.M
Y Floyd, J.W Y Godbee Y Golden
Goodwin N Greene

Y Groover
N Hammond Y Hanner Y Harris, B Y Harris, M N Hart Y Heard N Hegstrom Y Hembree
N Henson Y Holland
N Holmes N Howard Y Hudson Y Hughes N Hugley
Irvin
N James N Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon
Y Klein

YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas N Maddox YMann N Martin Y McBee E McClinton
McKinney Y Milam Y Mills N Mobley, B
Y Mobley, J N Moore N Mosley Y Mueller E Oliver Y O'Neal N Orrock
Y Padgett Y Parham Y Parrish
Patten

N Pelote Y Perry Y Pinholster
YPoag N Polak N Porter N Poston Y Powell Y Purcell, A Y Purcell, B N Randall N Randolph
YRay Y Reaves Y Reichert N Roberts N Royal N Scoggins
Shanahan Y Sherrill
Y Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C N Smith, L Y Smith, P N Smith, T Y Smith, V
Y Smith, W

TUESDAY, FEBRUARY 22, 1994

1193

N Smyre Y Snow Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P

Y Stephenson
Y Streat N Taylor
N Teague N Teper Y Thomas

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, as amended, the ayes were 122, nays 46.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Lord of the 121st moved that HB 1306 be ordered immediately trans mitted to the Senate.
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 N Brooks, T
Brown Y Buck
Buckner Y Bunn Y Burkhalter NByrd Y Campbell N Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn N Chambless Y Chandler Y Channell N Childers Y Clark
Y Coker Y Coleman, B
Y Coleman, T

Y Colwell Y Connell Y Cox Y Crawford Y Crews Y Culbreth
N Cummings Davis, G
Y Davis, M Dickinson
YDix
N 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
Goodwin N Greene Y Groover N Hammond Y Manner Y Harris, B Y Harris, M NHart Y Heard
N Hegstrom
Y Hembree Y Henson Y Holland N Holmes

N Howard
Y Hudson Y Hughes N Hugley
Irvin
N James N 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 Y Lee Y Lewis YLord
Lucas N Maddox YMann N Martin Y McBee E McClinton N McKinney Y Milam Y Mills

On the motion, the ayes were 121, nays 42. The motion prevailed.

N Mobley, B
Y Mobley, J
Y Moore N Mosley Y Mueller E Oliver Y O'Neal
N Orrock
Y Padgett Y Parham Y Parrish
Patten N Pelote
Y Perry Y Pinholster
YPoag Y Polak N Porter N Poston Y Powell
Y Purcell, A Y Purcell, B N Randall N Randolph
YRay Reaves
N Reichert
N Roberts Y Royal N Scoggins
Shanahan Y Sherrill
Y Shipp Y Simpson N Sinkfield Y Skipper

Y Smith, C N Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W
N Smyre YSnow Y Stancil, F Y Stancil, S N Stanley, L Y Stanley, P N Stephenson Y Streat N Taylor
N Teague N Teper Y Thomas N Tillman Y Titus Y Towery
Y Trense N Turnquest Y Twiggs Y Vaughan N Walker Y Wall Y Watson Y Watts Y Westmoreland
White Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

By unanimous consent, HB 1525 and HB 1667 were postponed until Wednesday, Feb ruary 23, 1994.

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.

1194

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 23, 1994

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 Perky Daniel, Presbyterian Minister, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 1907. By Representatives Bannister of the 77th, Lawson of the 20th and Johnson of the 97th: A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation purposes, so as to provide for reports regarding loss and loss adjustment expense reserves to be filed by such funds.
Referred to the Committee on Industrial Relations.
HB 1908. 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 change the corporate boundaries.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 23, 1994

1195

HB 1909. By Representatives Brooks of the 103rd, Yates of the 106th and Epps of the 131st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Coweta County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1910. By Representative Brooks of the 103rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Heard County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1911. By Representatives Burkhalter of the 41st, Trense of the 44th and Campbell of the 42nd:
A bill to increase the homestead exemption from City of Alpharetta ad valo rem taxes for certain residents thereof who are 65 years of age or over and for other residents thereof who are 70 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1912. By Representatives Bannister of the 77th, Lawson of the 20th and Johnson of the 97th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation purposes, so as to eliminate the use of surety bonds in lieu of deposits of securities; to provide that deposits of securities shall be adjusted to reflect changes in the membership of the fund.
Referred to the Committee on Industrial Relations.

HB 1913. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act relating to the board of education of Colquitt County, so as to provide for the addition of a seventh member of the board to be elected at large.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1914. By Representatives Bannister of the 77th, Johnston of the 81st, Mann of the 5th, Coleman of the 80th and Davis of the 60th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for state-wide, staggered motor vehicle registration over a 12 month period; to change certain licensing and registration deadlines; to provide for penalties for late registration; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to change certain dates for payment of ad valorem taxes on motor vehicles.
Referred to the Committee on Motor Vehicles.

1196

JOURNAL OF THE HOUSE,

HB 1915. By Representatives Floyd of the 138th, Walker of the 141st, Hudson of the 156th and James of the 140th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Cordele Judicial Circuit by the counties comprising such circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1916. By Representatives Thomas of the 100th and Twiggs of the 8th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the provisions relating to court orders in cases of driving under the influence of alcohol or drugs; to change provisions relating to submission of evidence of satisfactory completion of a DUI Alcohol or Drug Use Risk Reduction Pro gram.
By unanimous consent, HB 1916 was ordered engrossed.
Referred to the Committee on Judiciary.

HB 1917. By Representatives Ladd of the 59th, Teper of the 61st, Randolph of the 72nd, Mobley of the 69th, Jones of the 71st and others:
A bill to provide a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to a pro rata amount of the proceeds generated from the collection of certain local sales and use taxes for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1918. By Representative Parrish of the 144th:
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 for additional requirements for the issuance of licenses; to provide for continuing education requirements; to provide for powers of the State Board of Funeral Service.
Referred to the Committee on Health & Ecology.

HB 1919. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for a new charter for the City of Blackshear, so as to revise certain provisions of said charter describing the City of Blackshear's powers regarding municipal utilities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1923. By Representative Porter of the 143rd:
A bill to amend an Act reconstituting the Board of Education of the City of Dublin, so as to provide that successors to members of the board of educa tion whose terms of office are to expire shall be elected at the City of Dublin general election immediately preceding the expiration of such terms.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 23, 1994

1197

HB 1924. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to authorize a change in the location of commission meetings.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1925. By Representative Simpson of the 101st:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of drivers' licenses to persons who are not in compliance with orders for child support.
Referred to the Committee on Judiciary.

HB 1926. By Representative Scoggins of the 24th:
A bill to amend an Act creating a Board of Commissioners of Madison County, so as to provide three proposals relating to the composition of the Board of Commissioners of Madison County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1927. By Representatives Dobbs of the 92nd, Sherrill of the 62nd and Holmes of the 53rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a person under the age of 21 years with an alcohol concentration of 0.02 shall be guilty of driving under the influence of alcohol.
Referred to the Committee on Judiciary.

HR 1003. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Barrow County in exchange for termination of a lease of certain other real property owned by the State of Georgia in Barrow County.
Referred to the Committee on State Institutions & Property.

HR 1009. By Representatives Maddox of the 108th, Smith of the 109th, Pinholster of the 15th, Stancil of the 16th, Moore of the 113th and others:
A resolution proposing an amendment to the Constitution, so as to provide that before the State Board of Pardons and Paroles grants a pardon or parole, the judge who imposed the original sentence must accept or reject the decision of the board.
Referred to the Committee on Judiciary.

HR 1011. By Representatives Crews of the 78th, Byrd of the 170th, Watts of the 26th, Mueller of the 152nd, Stancil of the 16th and others:
A resolution urging the Department of Human Resources to discontinue con tractual arrangements with Planned Parenthood of the Atlanta Area.
Referred to the Committee on Health & Ecology.

1198

JOURNAL OF THE HOUSE,

HR 1012. By Representatives Bates of the 179th and Titus of the 180th:
A resolution authorizing the conveyance of certain state owned real property located in Grady County.
Referred to the Committee on State Institutions & Property.

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 1929. By Representatives Trense of the 44th and Burkhalter of the 41st:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain representative districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1880 HB 1881 HB 1882 HB 1883 HB 1884 HB 1885 HB 1886 HB 1887 HB 1888 HB 1889 HB 1890 HB 1891 HB 1893 HB 1894 HB 1895 HB 1896 HB 1897 HB 1898 HB 1899 HB 1900 HB 1901 HB 1902 HB 1903 HB 1904 HB 1905

HB 1906 HB 1920 HB 1921 HB 1922 HR 986 HR 987 HR 988 HR 1002 HR 1010 SB 399 SB 456 SB 469 SB 499 SB 538 SB 558 SB 559 SB 571 SB 582 SB 611 SB 630 SB 664 SB 665 SB 666 SB 667 SR 391

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1516 Do Pass, by Substitute SB 396 Do Pass

WEDNESDAY, FEBRUARY 23, 1994

1199

Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1422 Do Pass HB 1736 Do Pass

HB 1785 Do Pass HB 1857 Do Pass

Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 471 Do Pass, by Substitute HB 1696 Do Pass

HB 1813 Do Pass, by Substitute HB 1836 Do Pass, by Substitute

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 726 Do Pass, as Amended
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs 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:

1200

JOURNAL OF THE HOUSE,

HB 1906 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1591 Do Pass HB 1817 Do Pass, by Substitute HB 1845 Do Pass HB 1871 Do Pass HB 1876 Do Pass

HB 1879 Do Pass SB 524 Do Pass SB 550 Do Pass, by Substitute SB 604 Do Pass SB 617 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways & Means has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 208 Do Pass, by Substitute HB 1654 Do Pass, by Substitute

HR 132 Do Pass, by Substitute SB 564 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, FEBRUARY 23, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enu merated below:

HB 715 HB 1376 HB 1632 HB 1653 HB 1658 HB 1662 HB 1676 HB 1702

Local govt; cert prop in adjoining county; prohibit purchase Comm driver's license; serious traffic violation; definition Commerce and trade; rights of creditor and surety; notice Motor veh accidents; timely notice for action by DPS Individual sewage management systems; amend provisions Senior district attorney; create office Financial institutions; amend provisions Education; state board authority; define textbook

WEDNESDAY, FEBRUARY 23, 1994

1201

HB 1728 High-voltage Safety Act; cert enforcement provisions; repeal HB 1764 Joint development authorities; job tax credits HB 1767 Developmental highway system; add certain road corridor HB 1810 Decentralization of state government; provisions
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 1591.

By Representatives McKinney of the 51st, Holmes of the 53rd, McClinton of the 68th, Orrock of the 56th, Ashe of the 46th and Davis of the 48th:
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 the terms of 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 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1817. 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 change the council districts for election of councilmembers.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing a new charter for the City of East Dublin, approved, April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess. p. 426), so as to change the council districts for election of councilmembers; 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 East Dublin, approved April 9, 1981 (Ga. L. 1981, p. 4645), as amended, particularly by an Act approved Septem ber 18, 1991 (Ga. L. 1991, Ex. Sess. p. 426), is amended by striking Section 5.11 in its entirety and inserting in lieu thereof the following:
"Section 5.11. Municipal elections, (a) Two councilmembers shall be elected by the voters of the city at large. The two candidates receiving the highest number of votes shall be declared elected councilmembers at large. Three councilmembers shall be elected from three council districts to be designated District 1, District, 2, and District 3. In all district elections the candidate receiving the majority of votes shall be declared elected. Any candidate for the office of councilmember shall designate at the time of qualifying for election that council district, if any, for which such person is offering. A candidate must be a resident of the district for which he or she is offering.
(b) The mayor shall be elected by majority vote and must be a resident of the City of East Dublin.

1202

JOURNAL OF THE HOUSE,

(c) All persons elected councilmembers and the person elected mayor shall be elected for four-year terms. The election under this Act shall be held on the Tuesday next fol lowing the first Monday in November, 1995, and in accordance with the general election laws thereafter.
(d) The three council districts for the City of East Dublin shall be as follows:
District: 1
LAURENS COUNTY VTD: 0020 SMITH (Part) Tract: 9510. Block(s): That part of block 530 lying south of Hill St. and east of France St. Block(s): 531, 532, 533, 534, 535, 536, 537, 538, 603A, 604, 607, 608, 609, 610, 611, 612, 618
District: 2
LAURENS COUNTY VTD: 0020 SMITH (Part) Tract: 9510. Block(s): 305A, 401A, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 416, 506A, 507A, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 520A, 520B, 522, 523, 524, 525, 526, 527, 528, 529, Block(s): That part of block 530 lying north of Hill St. and west of France St. Block(s): 539, 540, 541, 542, 543, 544, 545, 613, 614, 615, 616, 617, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 701, 702, 703, 704, 705, 706, 707
District: 3
LAURENS COUNTY VTD: 0020 SMITH (Part) Tract: 9510. Block(s): 307, 413, 414, 415, 417, 418, 419, 420, 421, 422, 423A, 424, 425, 426, 427, 428A, 429, 430, 431A, 708, 709, 710, 711, 712A, 713, 714, 715, 716
(e) For purposes of subsection (d) 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 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 city council 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 city 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;
(5) Any part of the City of East Dublin which is not included in any city council district described in subsection (d) of this section shall be included within that city council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and

WEDNESDAY, FEBRUARY 23, 1994

1203

(6) Any part of the City of East Dublin which is described in subsection (d) of this section as being included in a particular city council district shall nevertheless not be included within such city council district if such part is not contiguous to such city council district. Such noncontiguous part shall instead be included within that city council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 97, nays 4,
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1845. By Representatives Cox of the 160th and Greene of the 158th: A bill to provide a new charter for the City of Blakely.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1871.

By Representatives Johnson of the 84th, Breedlove of the 85th, Bannister of the 77th, Dickinson of the 83rd, Dix of the 76th and others:
A bill to create the Vines Botanical Gardens Enhancement and Development Authority 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1876. By Representatives Carrell of the 87th and Stancil of the 91st:
A bill to amend an Act incorporating the City of Social Circle, so as to pro vide for a city manager.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 1879. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1204

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
SB 524. By Senators Clay of the 37th, Thompson of the 33rd, Ragan of the 32nd and Isakson of the 21st:
A bill to amend an Act entitled "An Act to create a court to be known as the 'Civil and Criminal Court of Cobb County,'" as amended, so as to redesignate the solicitor and assistant solicitors of said court as solicitor general and assistant solicitors general.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
SB 550. By Senators Harris of the 17th and Irvin of the 45th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the number of council members; to provide for certain residency requirements; to provide for council districts; to provide for elections; to provide for the filling of vacancies; to provide for an election superintendent.
The following Committee substitute was read and adopted:
A BILL
To amend an Act entitled "An Act to create a new charter for the City of Conyers," approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), so as to change the number of council members; to provide for certain residency requirements; to provide for council districts; to provide for elections; to provide for the filling of vacancies; to provide for an election superintendent; to provide for a referendum and for automatic repeal; to provide for sub mission under the federal Voting Rights Act; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to create a new charter for the City of Conyers," approved March 16, 1978 (Ga. L. 1978, p. 3868), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4032), is amended by striking in their entireties Sections 2-101 and 2-102 and inserting in lieu thereof the following:
"2-101. Creation; composition. There shall be a city council, referred to in this chap ter as the council, which shall be composed of the mayor and five council members elected in the manner and for the terms of office provided for in Article IV of this chap ter.
2-102. Qualifications. To be eligible for election or appointment to the council, a per son, at the time of election or appointment, must:
(1) Have attained the age of 18 years; (2) Have resided in the city and in the district such person seeks to represent for at least one year; (3) Be a qualified elector of the city; and (4) Meet any other requirements as may be established by state law."
Section 2. Said Act is further amended by striking in its entirety Chapter 1 of Arti cle IV and inserting in lieu thereof the following:
"CHAPTER 1
Conduct of Elections
Section 4-101. Application of general laws. All municipal general or special elections and primaries shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the 'Georgia Municipal Election Code.'

WEDNESDAY, FEBRUARY 23, 1994

1205

Section 4-102. Districts and posts, (a) The city shall be divided into four council dis tricts as provided in this section. Each such district shall be composed of either a por tion of the Conyers and Olde Towne Precinct or any combination thereof as provided in this subsection. The districts are further delineated on the map designated as the Official City of Conyers, Georgia Election Districts Map, August 20, 1993, which map is adopted and made a part of this Act.
Council District 1.
ROCKDALE COUNTY: VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 303B, 305, 306, 307, 308 Tract: 0603.04 Block(s): 101, 102A, 102B, 103, 304A VTD: 0009 OLDE TOWNE (Part) Tract: 0603.04 Block(s): 102C, 106A, 107, 108, 109, 110, 111, 112, 511, 512, 513, 514, 515, 517, 518, 519, 522, 523, 524
Council District 2
ROCKDALE COUNTY VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 201A, 205A, 206A, 207, 208A, 208B, 208C, 210A, 211, 212A, 213, 214, 215, 216A, 303A, 601A, 602A, 603, 604 VTD: 0008 MILSTEAD (Part) Tract: 603.03 Block(s): That part of Block 701B lying within the city limits of Conyers as of January 1, 1994 VTD: 0009 OLDE TOWNE (Part) Tract: 0603.03 Block(s): 116A, 201B, 201C, 501A, 502A, 503, 504, 505, 601B, 605A, 607A, 701A
Council District 3
ROCKDALE COUNTY VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 218, 219, 220 Tract: 0603.04 Block(s): 114, 115, 116 VTD: 0008 MILSTEAD (Part) Tract: 603.02 Block(s): Those parts of Blocks 201, 212, 605, 611B, 614, and 617 lying within the city limits of Conyers as of January 1, 1994 Tract: 0603.03 Block(s): That part of Block 119B lying within the city limits of Conyers as of January 1, 1994 VTD: 0009 OLDE TOWNE (Part) Tract: 0603.02 Block(s): 611A Tract: 0603.03 Block(s): 113A, 118A, 118C, 118D, 119A, 401A, 402, 403, 506, 507, 508, 509, 511, 511B, 702A Tract: 0603.04 Block(s): 202, 401A, 402, 403A, 404

1206

JOURNAL OF THE HOUSE,

Council District 4
ROCKDALE COUNTY VTD: 0001 CONYERS (Part) Tract: 0603.03 Block(s): 221, 222 Tract: 0603.04 Block(s): 501, 502, 503A, 504, 505, 506 VTD: 0003 FIAT SHOALS (Part) Tract: 603.04 Block(s): Those parts of Blocks 704 and 705B lying within the city lim its of Conyers as of January 1, 1994 VTD: 0009 OLDE TOWNE (Part) Tract: 0602. Block(s): 701A Tract: 0603.02 Block(s): 301A, 305A Tract: 0603.03 Block(s): 510 Tract: 0603.04 Block(s): 113A, 405, 406, 407A, 503B, 507, 508, 509, 510A, 516, 520, 521, 525A, 526, 527, 528A, 529, 530, 601A, 607A, 608, 609A, 610, 611A, 612, 613, 614A, 615A, 616A, 617A, 701A, 701B, 702A, 705A
(b) (1) The members of the council shall be districted as follows: District 1: one member; District 2: two members; one member from Post 1 and one member from Post
2; District 3: one member; and District 4: one member.
(2) Each council member shall reside in the district which he or she serves. (c) The mayor shall be elected at large. (d) 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) 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;
(4) Any part of the City of Conyers which is not included in any council district described in subsection (a) of this section shall be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and
(5) Any part of the City of Conyers which is described in subsection (a) of 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 dis trict. Such noncontiguous part shall instead be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Section 4-103. Elections; time for holding, (a) The initial elections for mayor and council members under this Act shall be held at a special election conducted on March

WEDNESDAY, FEBRUARY 23, 1994

1207

15, 1994. Thereafter, all municipal elections shall be held on the Tuesday following the first Monday in November in odd-numbered years.
(b) At the special election held on March 15, 1994, the mayor and council members representing District 1 and District 2 Post 1 shall be elected for terms ending on Decem ber 31, 1997, and until their successors are duly elected and qualified. The council mem bers representing District 2 Post 2, District 3, and District 4 shall be elected for terms ending on December 31, 1995, and until their successors are duly elected and qualified. Candidates for election at such special election shall file their notices of candidacy on or after February 14, 1994, but before February 19, 1994. Thereafter, successors shall be elected at the municipal election held immediately prior to the expiration of the terms of office for terms of four years.
(c) The candidate receiving the highest number of votes shall be elected. (d) The mayor and council members elected in 1994 shall take office at the next reg ular council meeting following their election. Thereafter, the mayor and council members shall take office at the next regular council meeting in January following their election. Section 4-104. Vacancies in office, (a) In the event that the office of mayor or council member shall become vacant for any cause, the council may call a special election to fill the unexpired term; provided, however, that if only one such vacancy exists, the council may function as the full council until the vacancy is filled at the next municipal election. (b) If the office of mayor is vacated, the mayor pro tern shall be vested with all of the powers of the office of mayor until the vacancy is duly filled. Section 4-105. Election superintendent. The city clerk shall serve as election superin tendent of all elections. Section 4-106. Filing notice of candidacy. All filings of notice of candidacy shall be made pursuant to Code Section 21-3-91 of the O.G.C.A."
Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Conyers shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Conyers for approval or rejection. The election superintendent shall conduct that elec tion on March 15, 1994, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Rockdale County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which shortens the terms of the city council members serving Posts 1, 4, and 5 and provides for a new form of city
( ) NO government consisting of a mayor and five city council members?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as pro vided in this section, Sections 1 and 2 of this Act shall not become effective and this Act shall be automatically repealed as provided in Section 5 of this Act.
The expense of such election shall be borne by the City of Conyers. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
Section 4. It shall be the duty of the governing authority of the City of Conyers to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Vot ing Rights Act of 1965, as amended, to the United States Attorney General for approval.
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. If a majority of electors voting in the refer endum provided by Section 3 of this Act fail to approve this Act, then Sections 1 and 2 of this Act shall be repealed in their entireties and the election conducted in accordance with Section 2 of this Act shall be null and void. In that event, the council members serving Posts 1, 4, and 5 on the date of such election shall continue to serve for the remainder of their terms, and the mayor and the council members serving Posts 2, 3, and

1208

JOURNAL OF THE HOUSE,

6 shall serve until December 31, 1997, and until their successors are duly elected and qual ified.
Section 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 604. By Senator Henson of the 55th:
A bill to amend an Act to create and establish for and in the County of DeKalb a court to be known as the recorder's court of DeKalb County, as amended, so as to provide the court with authority to assess fines for traffic violations not to exceed the sum of $1,000.00.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SB 617. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the provisions relating to the deposits for advance costs; 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 97, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 653. By Senator Egan of the 40th:
A bill to repeal a constitutional amendment duly ratified at the 1978 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for a seven-member Fulton County Planning Commission.

HB 1543. By Representatives Lane of the 55th, Felton of the 43rd, Irvin of the 45th, Canty of the 52nd, Brooks of the 54th and others:
A bill to continue the Fulton County School Employees Pension Fund.

WEDNESDAY, FEBRUARY 23, 1994

1209

HB 1742. By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide for a homestead exemption from Coweta County ad valorem taxes for county purposes for certain residents of that county.

HB 1743.

By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to provide a homestead exemption from certain Coweta County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for residents of that county.

HB 1799.

By Representative Hughes of the 19th:
A bill to provide for an advisory referendum election to be held in Dawson County for the purpose of ascertaining whether the voters of such county prefer the county governing authority to be in the form of a sole commis sioner or a board of commissioners.

HB 1800.

By Representatives Harris of the 112th and Yeargin of the 90th:
A bill to amend an Act providing for a new charter for the City of Lincolnton, so as to provide that no person shall be elected as mayor or council member for more than three consecutive terms.

HB 1804.

By Representatives Carter of the 166th, Bostick of the 165th and Royal of the 164th:
A bill to provide a homestead exemption from Colquitt County ad valorem taxes for county purposes and Colquitt County School District taxes for edu cational purposes in the amount of $10,000.00 of the assessed value of that homestead for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are totally disabled paralyzed homeowners.

SB 402. By Senators Burton of the 5th, Balfour of the 9th and Boshears of the 6th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to issuance of a driver's license, so as to provide that no license shall be issued or renewed unless the applicant signs a pledge acknowledging that the penalty for conviction of driving under the influence of alcohol or drugs is suspension of the driver's license.
SB 561. By Senators Isakson of the 21st, Edge of the 28th, McGuire of the 30th, Hemmer of the 49th and Balfour of the 9th:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia Anno tated, relating to the revenue shortfall reserve, the midyear adjustment reserve, and related matters, so as to provide that the midyear adjustment reserve shall be available for appropriation by the General Assembly for edu cational purposes; to provide that each appropriations Act shall state the bal ance in the shortfall reserve and the effect of the passage of such Act on such balance.

SB 576. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misde meanor violations involving the possession of one ounce or less of marijuana when the defendant waives a jury trial; to provide for application and an effective date in connection therewith.

1210

JOURNAL OF THE HOUSE,

SB 580. By Senators Oliver of the 42nd and Farrow of the 54th:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nurs ing homes; to clarify the intended effect of this law upon other circumstances in which an order not to resuscitate may be issued and implemented; to pro vide an effective date.

SB 581. By Senators Farrow of the 54th, Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 5-6-48 of the Official Code of Georgia Anno tated, relating to grounds for dismissal of appeals, so as to provide that an appeal may be dismissed for nonpayment of the costs or failure to have a sufficient affidavit of indigence filed or contained in the record; to delete cer tain provisions relating to payment of costs within certain time periods.

SB 594. By Senators Hooks of the 14th, Robinson of the 16th, Ray of the 19th and Walker of the 22nd:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to require monthly transfers of net proceeds of the lottery for credit to the Lottery for Educa tion Account; to provide for monthly reports showing the proceeds thus transferred and certain disbursements of appropriations from lottery pro ceeds.

SB 618. By Senators Ragan of the llth and Turner of the 8th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for the creation of housing authorities for certain Indian tribes; to provide for the powers, duties, rights, and functions of such housing authorities and their commissioners; to provide for activation of such housing authorities; to pro vide for an appointing authority and a proposed area of operation.

SB 627. By Senators Ray of the 19th, Walker of the 22nd, Robinson of the 16th, Isakson of the 21st and Edge of the 28th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change the functions of the Health Planning Agency; to provide for the inapplicability of a certain plan and certain rules to certain certificate of need applications; to change the composition of the Health Planning Review Board; to provide for qualifica tions, terms, and compensation of the members of such board.

HB 1214.

By Representatives Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th and Hugley of the 133rd:
A bill to amend Code Section 48-5-444 of the Official Code of Georgia Anno tated, relating to the county where a motor vehicle is returned for ad valo rem tax purposes, so as to specify a criminal penalty for certain false statements in connection with such return.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

WEDNESDAY, FEBRUARY 23, 1994

1211

SR 485. By Senators Slotin of the 39th, Robinson of the 16th and Ray of the 19th:
A resolution creating the Joint Rhodes Memorial Hall Study Committee to clarify the State's ownership and study and make recommendations to the General Assembly and the Governor as to the long-term utilization of certain state-owned, improved real property located within the City of Atlanta, Ful ton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee.

SR 500. By Senators Farrow of the 54th and Huggins of the 53rd:
A resolution authorizing the conveyance of certain state owned real property located in Whitfield County, Georgia; to provide an effective date.

SR 502. By Senators Hooks of the 14th, Gillis of the 20th, Broun of the 46th and Robinson of the 16th:
A resolution designating the present or any subsequently built bridge across the Flint River as the Garland T. Byrd Bridge.

SR 516. By Senator Dean of the 31st:
A resolution designating a portion of the U.S. Highway 278, State 100 Bypass as the "Martin Luther King, Jr., Boulevard".

SR 519. By Senator Middleton of the 50th:
A resolution authorizing the disposition, through negotiated sale to or exchange (including without limitation like-kind exchanges) with Georgia Power Company, of real property interests that the State of Georgia now owns or will acquire in property located in Rabun County and Habersham County, Georgia, for the development and operation of a state park at Tallulah Gorge; to further authorize the grant of nonexclusive easements to Georgia Power Company for the operation and maintenance.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th, Dawkins of the 45th, Starr of the 44th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 127. By Senators Crotts of the 17th, Garner of the 30th, Langford of the 29th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.
Referred to the Committee on Special Judiciary.

1212

JOURNAL OF THE HOUSE,

SB 402. By Senators Burton of the 5th, Balfour of the 9th and Boshears of the 6th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to issuance of a driver's license, so as to provide that no license shall be issued or renewed unless the applicant signs a pledge acknowledging that the penalty for conviction of driving under the influence of alcohol or drugs is suspension of the driver's license.
Referred to the Committee on Judiciary.

SB 561. By Senators Isakson of the 21st, Edge of the 28th, McGuire of the 30th and others:
A bill to amend Code Section 45-12-93 of the Official Code of Georgia Anno tated, relating to the revenue shortfall reserve, the midyear adjustment reserve, and related matters, so as to provide that the midyear adjustment reserve shall be available for appropriation by the General Assembly for edu cational purposes; to provide that each appropriations Act shall state the bal ance in the shortfall reserve and the effect of the passage of such Act on such balance.
Referred to the Committee on Appropriations.

SB 576. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misde meanor violations involving the possession of one ounce or less of marijuana when the defendant waives a jury trial; to provide for application and an effective date in connection therewith.
Referred to the Committee on Judiciary.

SB 580. By Senators Oliver of the 42nd and Farrow of the 54th:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to further describe legislative intent; to authorize such orders for persons who are not in hospitals or nurs ing homes; to clarify the intended effect of this law upon other circumstances in which an order not to resuscitate may be issued and implemented; to pro vide an effective date.
Referred to the Committee on Health & Ecology.

SB 581. By Senators Farrow of the 54th, Robinson of the 16th and Oliver of the 42nd:
A bill to amend Code Section 5-6-48 of the Official Code of Georgia Anno tated, relating to grounds for dismissal of appeals, so as to provide that an appeal may be dismissed for nonpayment of the costs or failure to have a sufficient affidavit of indigence filed or contained in the record; to delete cer tain provisions relating to payment of costs within certain time periods.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 23, 1994

1213

SB 594. By Senators Hooks of the 14th, Robinson of the 16th, Ray of the 19th and others:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to require monthly transfers of net proceeds of the lottery for credit to the Lottery for Educa tion Account; to provide for monthly reports showing the proceeds thus transferred and certain disbursements of appropriations from lottery pro ceeds.
Referred to the Committee on Industry.

SB 618. By Senators Ragan of the llth and Turner of the 8th:
A bill to amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing authorities, so as to provide for the creation of housing authorities for certain Indian tribes; to provide for the powers, duties, rights, and functions of such housing authorities and their commissioners; to provide for activation of such housing authorities; to pro vide for an appointing authority and a proposed area of operation.
Referred to the Committee on Industry.

SB 627. By Senators Ray of the 19th, Walker of the 22nd, Robinson of the 16th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change the functions of the Health Planning Agency; to provide for the inapplicability of a certain plan and certain rules to certain certificate of need applications; to change the composition of the Health Planning Review Board; to provide for qualifica tions, terms, and compensation of the members of such board.
Referred to the Committee on Health & Ecology.

SB 653. By Senator Egan of the 40th:
A bill to repeal a constitutional amendment duly ratified at the 1978 general election and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for a seven-member Fulton County Planning Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 485. By Senators Slotin of the 39th, Robinson of the 16th and Ray of the 19th:
A resolution creating the Joint Rhodes Memorial Hall Study Committee to clarify the State's ownership and study and make recommendations to the General Assembly and the Governor as to the long-term utilization of certain state-owned, improved real property located within the City of Atlanta, Ful ton County, Georgia, and known as Rhodes Memorial Hall; to provide for a purpose; to provide for membership of the committee.
Referred to the Committee on State Planning & Community Affairs.

SR 500. By Senators Farrow of the 54th and Huggins of the 53rd:
A resolution authorizing the conveyance of certain state owned real property located in Whitfield County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

1214

JOURNAL OF THE HOUSE,

SR 502. By Senators Hooks of the 14th, Gillis of the 20th, Broun of the 46th and others:
A resolution designating the present or any subsequently built bridge across the Flint River as the Garland T. Byrd Bridge.
Referred to the Committee on Transportation.

SR 516. By Senator Dean of the 31st:
A resolution designating a portion of the U.S. Highway 278, State 100 Bypass as the "Martin Luther King, Jr., Boulevard".
Referred to the Committee on Transportation.

SR 519. By Senator Middleton of the 50th:
A resolution authorizing the disposition, through negotiated sale to or exchange (including without limitation like-kind exchanges) with Georgia Power Company, of real property interests that the State of Georgia now owns or will acquire in property located in Rabun County and Habersham County, Georgia, for the development and operation of a state park at Tallulah Gorge; to further authorize the grant of nonexclusive easements to Georgia Power Company for the operation and maintenance.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Institutions and Property and referred to the Committee on State Plan ning and Community Affairs.

HB 1906. By Representatives Connell of the 115th, Williams of the 114th, Brown of the 117th, Hart of the 116th, Padgett of the 119th and others:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to change the provisions relating to the Georgia Golf Hall of Fame Board and the membership thereof.

The following communication was received:

I ask to be excused at 1:30 pm 2/23/94 to attend the funeral of Ralph C. Netherland, my uncle. I also ask that my machine be locked.
/s/ Lynn Westmoreland District 104

Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:

HB 1375. 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, 1994 and ending June 30, 1995; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and

WEDNESDAY, FEBRUARY 23, 1994

1215

other agencies, and for the university system, common schools, counties, political subdivi sions, 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 total of $9,775,460,431 is hereinafter appropriated for the State Fiscal Year beginning July 1, 1994 and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a reve nue estimate of $9,775,460,431 for State Fiscal Year 1995. (Includes $139,287,133 in Indi gent Care Trust Fund receipts and $240,173,298 from Lottery proceeds.)

PARTI LEGISLATIVE BRANCH

Section 1. F.Y. 1995

Legislative Branch. $23,305,626

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 lature and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Leg islative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most effi cient 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 the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, fur nishings, repairs, printing services, and other expenses of the Legislative Branch of Gov ernment; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations.

Section 2. F.Y. 1995

Department of Audits. $17,627,634

1216

JOURNAL OF THE HOUSE,

PART II JUDICIAL BRANCH

Section 3. F.Y. 1995

Supreme Court. $5,881,835

Section 4. F.Y. 1995

Court of Ap $6,454,926

Section 5. F.Y. 1995

Superior Courts. $49,641,159

Section 6. F.Y. 1995

Juvenile Courts. $1,115,177

Section 7. F.Y. 1995

Institute of Continuing Judicial Education. $1,000,218

Section 8. F.Y. 1995

Judicial Council. $1,813,839

Section 9. F.Y. 1995

Judicial Qualifications Commission. $159,952

Section 10. F.Y. 1995

Indigent Defense Council. $2,550,000

Section 11. F.Y. 1995

Georgia Courts Automation Commission. $1,619,893

PART III EXECUTIVE BRANCH

Section 12. F.Y. 1995

Department of Administrative Services. $36,653,196

Section 13. F.Y. 1995

Agency for the Removal of Hazardous Materials. $110,133

Section 14. F.Y. 1995

Department of Agriculture. $39,402,340

Section 15. F.Y. 1995

Department of Banking and Finance. $8,470,415

Section 16. F.Y. 1995

Department of Children and Youth Services. $87,825,644

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 utilize funds on the following programs in Fiscal Year 1995 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 and alternatives to secure detention;
Child welfare services to include protective services, child care, and services needed to prevent unnecessary and inappropriate placement of children who are at risk of becoming wards of the state;
Foster Care Rates; and

WEDNESDAY, FEBRUARY 23, 1994

1217

Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 17. F.Y. 1995

Department of Community Affairs. $24,690,665

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for Loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.

Section 18. F.Y. 1995

Department of Corrections. $660,578,717

Section 19. F.Y. 1995

Department of Defense. $4,024,495

Section 20. F.Y. 1995

State Board of Education. $3,413,200,647

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,638.65. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event applica tion totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work site development and supervision.
Provided that, of the above appropriation relative to staff and professional develop ment, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided that, of the above appropriation relative to staff and professional develop ment, the State Board of Education is authorized to designate up to five percent of the total appropriated for staff development to train teachers to teach Algebra, Environmental Education, and other State Board priorities.
Provided, that of the above appropriation relative to the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for middle school programs.
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 utilize funds on the following programs in Fiscal year 1995 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 21. F.Y. 1995

Employees' Retirement System. $0

Section 22. F.Y. 1995

Forestry Commission. $34,286,675

Section 23. F.Y. 1995

Georgia Bureau of Investigation. $39,543,840

1218

JOURNAL OF THE HOUSE,

Section 24. F.Y. 1995

Office of the Governor. $27,019,159

Section 25. F.Y. 1995

Department of Human Resources. $1,106,770,665

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 utilize funds on the following programs in Fiscal Year 1995 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 Welfare services to include protective services, child care, and services needed
to prevent unnecessary and inappropriate placement of children who are at risk of becoming wards of the state. Foster Care Rates Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 26. F.Y. 1995

Department of Industry, Trade and Tourism. $18,964,391

Section 27. F.Y. 1995

Office of the Commissioner of Insurance. $14,304,794

Section 28. F.Y. 1995

Department of Labor. $17,270,026

Section 29. F.Y. 1995

Department of Law. $9,727,971

Section 30. F.Y. 1995

Department of Medical Assistance. $1,278,581,301

Section 31. F.Y. 1995

State Merit System of Personnel. $0

The Department is authorized to assess no more than $171.50 per merit system bud geted 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 F.Y. 1995 shall not exceed 12.5 percent.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for F.Y. 1995 shall not exceed 8.66 percent.

Section 32. F.Y. 1995

Department of Natural Resources. $79,435,868

Provided, that no land shall be purchased for State park purposes from funds appro priated in this section or from any other funds without the approval of the State Proper ties Control Commission, except that land specifically provided for in this Section.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50% of the excess receipts to supplant State funds and a minimum of 50% may be amended into the budget of the Parks, Recreation and His toric 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 Depart ment.

WEDNESDAY, FEBRUARY 23, 1994

1219

Provided that the funds appropriated in Per Diem, Fees, and Contracts for historic preservation technical assistance be distributed among qualified agencies for professional, regional preservation planning services.

Section 33. F.Y. 1995

State Board of Technical and Adult Education. $141,936,000

Provided, that none of the State funds appropriated in this section may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education.

Section 34. F.Y. 1995

Department of Public Safety. $104,109,366

Section 35. F.Y. 1995

Public School Employees' Retirement System. $9,640,000

Section 36. F.Y. 1995

Public Service Commission. $8,072,976

Section 37. F.Y. 1995

Regents', University System of Georgia. $1,151,194,204

The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fis cal Affairs Subcommittees.
The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing a health benefit reserve in the amount not to exceed twenty percent of total benefit payments for the fiscal year to which this appro priation act applies. Such transfers shall not require approval of either the Office of Plan ning and Budget or the Fiscal Affairs Subcommittee.
Of the above Lottery Funds, $15,000,000 shall be used to match public and private grants to public colleges and universities. The Board of Regents shall allocate a minimum of $2,500,000 for educational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.

Section 38. F.Y. 1995

Department of Revenue. $85,554,500

Section 39. F.Y. 1995

Secretary of State. $27,589,707

Section 40. F.Y. 1995

Soil and Water Conservation Commission. $1,907,910

Section 41. F.Y. 1995

Georgia Student Finance Commission. $114,782,978

Provided, that of the above appropriated amount relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancelable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancelable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000.
B) Eligible members of the Georgia National Guard: Not to exceed $100,000. C) Teachers seeking special education training: Not to exceed $225,000. D) Students who are to become agricultural teachers: Not to exceed $30,000. E) Students who are to become mathematics or science teachers: Not to exceed
$300,000.

1220

JOURNAL OF THE HOUSE,

The appropriation in this Section relative to Tuition Equalization Grants provides for payment of grants per academic year and for payment of grants for the summer school
quarter or semester to undergraduate students attending colleges as provided for in Code Sections 20-3-410 through 20-3-416.

Section 42. F.Y. 1995

Teachers' Retirement System. $3,925,000

Section 43. F.Y. 1995

Department of Transportation. $451,049,819

For this and all future general appropriations acts, it is the intent that the following provisions apply:
(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced 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 subject to the approval by the Office of Planning and Budget.
(c) Interstate Rehabilitation Funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
(d) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in this Section in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax appro priations.
(e) Functions financed with General Fund appropriations shall be accounted for 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.
It is the further intent of this General Assembly, that of the $505,000,000 of motor fuel tax appropriated in this Act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt services on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and spe cific purpose of addressing the State's special need appropriation.

Section 44. F.Y. 1995

Department of Veterans Service. $23,549,136

Section 45. F.Y. 1995

State Board of Workers' Compensation. $9,828,337

Section 46. F.Y. 1995

State of Georgia General Obligation Debt Sinking Fund. $419,457,463

A. Budget Unit: State General Funds (Issued) Motor Fuel Tax Funds (Issued)

$307,500,933 61,000,000
$368,500,933

WEDNESDAY, FEBRUARY 23, 1994

1221

B. Budget Unit: State General Funds (New)

$ 50,956,530

With regard to the appropriations in Section 46 for "State of Georgia General Obliga tion Debt Sinking Fund (New)", the maximum maturities, user agencies and user authori ties, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $124,740 is specifically appropriated for the purpose of financing projects for the Department of Agriculture 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 useful in connection therewith, through the issuance of not more than $540,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $231,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority (Markets) 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $465,000 is specifically appropriated for the purpose of financing the renovation of offices and facilities of the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, 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 $5,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $231,000 is specifically appropriated for the purpose of financing projects of the Georgia Building Authority 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 useful in connection therewith, through the issuance of not more than $1,000,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $207,900 is specifically appropriated for the purpose of financing the renovation of offices or facilities of 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 $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 Sinking Fund (New), $192,045 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth 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 $2,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $88,815 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Services by means of the

1222

JOURNAL OF THE HOUSE,

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 $955,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $143,220 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth 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 $620,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $330,615 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth 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 $3,555,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $102,795 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth 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 $445,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $508,200 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 $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $277,200 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 $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $231,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $90,090 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,

WEDNESDAY, FEBRUARY 23, 1994

1223

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $390,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $46,200 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 $200,000 in prin cipal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $18,480 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 $80,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $16,170 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 $70,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $14,713,065 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $158,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $597,525 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 librar ies or library systems, through the issuance of not more than $6,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $934,395 is specifically appropriated for the purpose of financing projects for the State Board of Education 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 useful in connection therewith, through the issuance of not more than $4,045,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $1,386,000 is specifically appropriated for the purpose of financing projects for the State Board of Education 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 useful in connection therewith, through the issuance of not more than $6,000,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

1224

JOURNAL OF THE HOUSE,

Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $1,395,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facilities or systems, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $284,580 is specifically appropriated for the purpose of financing projects for the Department of Human Resources 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 $3,060,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $150,195 is specifically appropriated for the purpose of financing projects for the Department of Human Resources 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 $1,615,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $150,195 is specifically appropriated for the purpose of financing projects for the Department of Human Resources 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 $1,615,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $126,480 is specifically appropriated for the purpose of financing projects for the Department of Human Resources 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 $1,360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $122,430 is specifically appropriated for the purpose of financing projects for the Department of Human Resources 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 $530,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $107,415 is specifically appropriated for the purpose of financing projects for the Department of Human Resources 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 $465,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $1,860,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources by means of the acquisition,

WEDNESDAY, FEBRUARY 23, 1994

1225

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 $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $478,950 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources 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 $5,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $413,850 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 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 $4,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $240,405 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 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 $2,585,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $232,500 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 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 two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $710,325 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 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 $3,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $56,730 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 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 $610,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $46,500 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 improvement of

1226

JOURNAL OF THE HOUSE,

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 $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 Sinking Fund (New), $1,069,530 is specifically appropriated for the purpose of financing projects for the Secretary of State 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 $4,630,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $3,135,030 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 $33,710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $949,410 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 $4,110,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $231,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $5,673,000 is specifically appropriated for the purpose of financing public road and bridge projects for the Department of Transportation 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 $61,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $11,625,000 is specifically appropriated for the purpose of financing public road and bridge projects for the Department of Transportation 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 $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $334,800 is specifically appropriated for the purpose of financing rail projects for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, property, waters, highways, buildings, structures, equipment or facilities, both real and personal, nec essary or useful in connection therewith, through the issuance of not more than $3,600,000

WEDNESDAY, FEBRUARY 23, 1994

1227

in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $627,750 is specifically appropriated for the purpose of financing public road, bridge or navigational projects for the Department of Transporta tion 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 $6,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 47. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 48. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.
Section 49. Each and every agency, board, commission, and authority receiving appropriations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State 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 State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 50. In accordance with the requirements of Article IX, Section VI, Para graph l(a) of the Constitution of the State of Georgia, as amended, there is hereby appro priated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in exis tence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insuffi cient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 51. 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,

1228

JOURNAL OF THE HOUSE,

which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Bud get utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 52. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.
Section 53. 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, farmers gasoline tax refund and any other refunds specifically authorized by law.
Section 54. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with federal funds.
Section 55. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pick-up trucks, vans, station wagons and other such vehicles for street and highway use; and
(2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles.
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by the Office of Planning and Budget.
Section 56. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly for this state fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Execu tive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common" object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases,

WEDNESDAY, FEBRUARY 23, 1994

1229

Publications and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.
(2) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount of each com mon object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(3 It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 57. 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 58. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 59. Salary Adjustment

$210,831,834

In addition to all other appropriations for State Fiscal Year ending June 30, 1995, there is hereby appropriated $210,831,834 for the purposes described herein; (1) for merit increases of 4% for full-time employees of the executive, judicial and legislative branches of government to be awarded on each employee's anniversary date based on a rating of satisfactory or better on the employee's annual performance appraisal; (2) for a 4% increase for each state official (excluding 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, 1994; (3) for a 5% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1994 for non-academic personnel and September 1, 1994 for academic personnel; (4) for a 5% increase in state base salary on the teacher salary schedule for the State Board of Education and the Department of Technical and Adult Education; (5) for a 4% salary adjustment for State paid school bus drivers and lunchroom workers effective July 1, 1994; (6) for job class upgrades, supplement increases and other salary adjustments included in the Governor's F.Y. 1995 Budget Report.

Section 60. F.Y. 1995

TOTAL STATE FUND APPROPRIATIONS $9,775,460,431

Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 62. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995; 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.

1230

JOURNAL OF THE HOUSE,

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, 1994, and ending June 30, 1995, 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 $9,396,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

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....................................................................?

23,305,626 11,773,415 3,669,384 2,776,448
76,500 7,000
0 177,500 473,000
5,000 651,000 103,970
2,389,609 70,000
1,132,800 23,305,626 23,305,626

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total

$

3,435,848

?

681,479

?

1,146,293

$

5,263,620

3,435,848 681,479
1,146,293 5,263,620

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

$

8,961,172

$

500,655

?

1,295,690

$

10,757,517

8,961,172
500,655 1,295,690 10,757,517

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

?

2,383,497

?

2,212,535

?

990,860

?

1,697,597

?

7,284,489

2,383,497 2,212,535
990,860 1,697,597 7,284,489

WEDNESDAY, FEBRUARY 23, 1994

1231

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, con sider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ......................................................,........$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

16,288,129 13,586,417
416,600 550,650 105,102 42,580 852,070 34,000 569,710 131,000 16,288,129 16,288,129

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,200,558 4,336,196 1,510,605 5,846,801 5,200,558

1232

JOURNAL OF THE HOUSE,

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.........................................................! 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.............................................!
Section 11. Georgia Courts Automation Commission. Budget Unit: Georgia Courts Automation
Commission..............................................................! Operating Expenses........................................................................! Computerized Information Network............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,950,473 5,296,896
703,577 6,000,473 5,950,473
48,669,886 47,567,015
1,911,833 162,826 131,069
1,201,222 50,973,965 48,669,886
918,190
652,490 513,260
139,230 652,490 652,490
1,765,210 1,225,454
76,500 70,756
26,700
20,000 12,000
33,800 300,000 1,765,210 1,765,210
1,190,463 507,895 682,568
1,190,463 1,190,463

WEDNESDAY, FEBRUARY 23, 1994

1233

PART III.

EXECUTIVE BRANCH

Section 12. 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....................................................................!

36,442.265 41,266,808 11,667,606
270,459 174,200 1,968,391 11,691,066 2,772,902 3,279,622 4,687,065 11,305,000 46,500 2,750,000
500,000
0 48,553,700
683,000 21,000,000
250,000
35,000 162,901,319 36,442,265

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 Distance Learning and
Telemedicine Office of the Treasury Total

1,694,090 2,504,391 10,992,402
480,350 2,731,255
404,497 17,155,666 46,957,644 3,689,197 62,278,779 6,934,674 2,107,641 1,242,779 2,489,226
458,534
0 780,194 162,901,319

520,000 2,400,509 8,242,402
480,350 2,731,255
0 0 13,739,458 0 6,850,000 0 0 0 239,563 458,534
0 780,194 36,442,265

B. Budget Unit: Georgia Building Authority....................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$

0 19,809,211 4,914,086

1234

JOURNAL OF THE HOUSE,

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.......................

20,700
302,000
219,725 112,200 12,700 161,340 285,000
0 8,950,000 1,047,272
0 35,834,234
0

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

1,457,429 5,515,932 4,577,331 5,857,439
375,536 4,075,930 12,230,720 1,743,917
0 35,834,234

Section 13. 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 14. 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 ................................................................$

35,225,502 30,501,476 4,153,363
896,000 446,460 391,082 359,078 791,341 402,901 957,050 860,000

WEDNESDAY, FEBRUARY 23, 1994

1235

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............................................................! Payments to Georgia Development
Authority......................................................................................! Renovation, Construction, Repairs and
Maintenance Projects at Major and Minor Markets.............................................................................! Capital Outlay.................................................................................! Contract - Federation of Southern Cooperatives.................................................................................! Boll Weevil Eradication Program.................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,515,782
2,083,712 412,000 127,000 175,000
593,084
250,000
700,000 0
40,000 0
46,655,329 35,225,502

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

$

4,838,347

!

7,191,045

$

1,993,628

!

3,092,518

!

3,760,957

$

2,126,401

$

3,250,520

$

7,784,540

!

4,291,914

$

5,143,303

$

722,410

$

2,459,746

!

46,655,329

4,517,347 6,954,343 1,941,563 2,967,518 3,382,457 2,126,401 3,125,520
4,916,193 1,774,111 1,520,303
0 1,999,746 35,225,502

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............................

0 826,373 170,568
5,000 12,500 35,150 5,000
0 7,420 7,950 75,000 113,200 1,258,161
0

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking

1236

JOURNAL OF THE HOUSE,

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....................................................................!

8,477,310 6,844,499
384,985 392,080 104,080 26,730 341,668 302,436 70,832
10,000 8,477,310 8,477,310

Section 16. 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 ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

87,888,032 60,741,685 4,426,680
765,800 234,700 299,095 255,600 1,540,689 733,400 2,674,670 2,017,600 547,600 2,686,400 13,329,313 308,000
0 90,561,232 87,888,032

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 Multi-Service Centers Total

21,831,073 8,043,669 7,923,791 4,542,423 4,915,500 15,737,033 2,979,860
901,314 822,130 15,132,820
895,497
671,091
6,045,031 120,000
90,561,232

21,031,573 7,701,969 7,585,491 4,373,823 4,690,400 15,737,033 2,979,860
901,314 822,130 14,332,820
895,497
671,091
6,045,031 120,000
87,888,032

WEDNESDAY, FEBRUARY 23, 1994

1237

Section 17. 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).........................................................................-!
National and Community Service Program...........................................................................!
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........................................................................................!
State Commission on National and Community Service.....................................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

24,632,583 5,529,841
230,905 157,750 12,000
6,040 169,000 549,166 46,211 215,700
0
2,272,825 2,633,300
94,731
30,000,000
250,000
257,480 100,000 750,000
4,625,000
4,485,000
1,686,239
2,090,000
750,000
180,000 57,091,188 24,632,583

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Office of Commissioner Government Management Financial Assistance Coordinated Planning Total

21,129,517 1,502,682 32,064,747 2,394,242 57,091,188

19,855,450 1,502,682 1,043,963 2.230.488 24,632,583

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!

624,046.470 437,417,038 62,560,607
2,110,975 3,114,564 4,169,710

1238

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay ...........................................,.....................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ County Workcamp Construction Grants .....................................$ Central Repair Fund.......................................................................!
Payments to Central State Hospital for Meals.......................................................................$
Payments to Central State Hospital for Utilities...................................................................!
Payments to Public Safety for Meals ..........................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................$ 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....................................................................!

5,012,000 5,581,082 5,822,295 6,232,895
0 20,547,180
950,000 13,928,400 2,117,200
0 886,000
3,985,806
1,340,100 459,900
1,400,000 51,967,153
60,400
341,250 0
630,004,555 450,000 0
624,046,470

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

67,687,126 457,134,081 105.183,348 630,004,555

!

66,696,026

! 455,303,256

! 102,047,188

! 624,046,470

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....................................................................!

37,475,692 30,428,032
1,140,630 678,400 264,500 167,500 428,130
2,623,000 838,000 252,500 650,000 5,000
37,475,692 37,475,692

Section 19. Department of Defense. Budget Unit: Department of Defense ................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$

4,048,909 7,045,746 4,574,530
22,550 0

WEDNESDAY, FEBRUARY 23, 1994

1239

Equipment................................... Computer Charges...................... Real Estate Rentals................... Telecommunications .................. Per Diem, Fees and Contracts. Capital Outlay ............................ Total Funds Budgeted............... State Funds Budgeted...............

24,000 11,000 10,000 41,845 547,400
0 12,277,071 4,048,909

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Air National Guard Georgia Army National Guard Total

1,340,189 4,600,360 6,336.522 12,277,071

1,215,912 528,520
2,304,477 4,048,909

Section 20. 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............................................................................................!

3,307,519,159
38,338,223 3,958,764 1,063,842
138,000 366,586 14,681,295 1,495,141 1,242,587 15,996,779 764,752 175,000
780,868,914 742,883,488 291,533,707 144,878,589 104,829,548 295,111,728 42,414,473 64,718,259
29,843,108 90,359,653 611,873,186 130,562,533 (635,320,498)
0 0
148,246,937 3,609,604 20,820,414 57,106,336 61,481,182
416,000

1240

JOURNAL OF THE HOUSE,

Non-QBE Grants: Education of Children of LowIncome Families...........................................................................$ Retirement (H.B. 272 and H.B. 1321) .........................................$ Instructional Services for the Handicapped ................................................................................$ Tuition for the Multi-Handicapped.............................................$ Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................$ School Lunch (State)......................................................................$ Supervision and Assessment of Students and Beginning Teachers and PerformanceBased Certification......................................................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System ............................................$ High School Program .....................................................................$ Special Education in State Institutions...................................................................................! Governor's Scholarships.................................................................! Counselors........................................................................................! Vocational Research and Curriculum ..........................................$ Even Start........................................................................................! Salaries and Travel of Public Librarians.........................................................................! Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & O....................................................................! Child Care Lunch Program (Federal)..........................................! Chapter II - Block Grant Flow Through...............................................................................! Payment of Federal Funds to Board of Technical and Adult Education................................................! Education of Homeless Children/Youth......................................! Innovative Programs.......................................................................! Next Generation School Grants....................................................! Limited English-Speaking Students Program .......................................................................$ Drug Free School (Federal)...........................................................! At Risk Summer School Program ................................................$ 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 .......................................................................$ Advanced Placement Exams .........................................................$ Serve America Program .................................................................$ Family Connection Grants.............................................................! Youth Apprenticeship Grants.......................................................!
Remedial Summer School..............................................................!
Alternative Programs......................................................................!
Superintendent's Base Salary .......................................................$
Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding .................................................$

198,714,081 4,950,000
51,519,023 1,841,080 37,229,829 165,074,766 24,758,747
1,500,000 7,001,200 3,300,462 22,179,854
3,991,103 2,972,200 5,669,000
258,213 1,375,160
10,760,927 5,149,409
934,522 4,039,395 37,880,233
10,019,305
13,311,012 186,700
2,349,999 500,000
8,517,944 12,505,800 3,691,270
228,500
4,570,112 253,000
99,047,892 14,602,242 1,250,000
57,035 1,100,400
356,000 2,575,000 2,000,000 1,876,182 7,500,000 1,130,820 3,843,186,547
340,000

WEDNESDAY, FEBRUARY 23, 1994

1241

State Funds Budgeted...........................................................

3,307,519,159

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

4,415,979 21,868,209 1,194,075 27,411,309 6,430,750
837,039 3,765,315,578
4,700,018 6,316,309
4.697,281 3,843,186,547

$

3,800,096

!

17,414,624

$

1,105,305

! 23,042,667

$

3,114,536

$

837,039

! 3,243,263,748

!

4,486,530

!

6,128,184

!

4,326,430

! 3,307,519,159

B. Budget Unit: Lottery for Education..............................................! Pre-Kindergarten for 4-year-olds .................................................$ Applied Technology Labs ..............................................................$ Next Generation Schools ...............................................................$ Drug and Anti-Violence Education ..............................................$ Alternative Programs......................................................................$ Educational Technology Centers ..................................................$ Regional Science Equipment.........................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................$

97,300,000 80,000,000
6,300,000
500,000 1,000,000
8,500,000 1,000,000
0 97,300,000 97,300,000

Section 21. 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....................................................................!

0 1,582,338
337,000 20,500
0 13,113 532,528
302,000 24,886
1,091,500
0 3,903,865
0

Section 22. 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 ........................................................................$

34.332,917 28,453,791 5,472,475
150,185 1,265,696 1,682,392
300,200 52,455 951,378 475,898
0

1242

JOURNAL OF THE HOUSE,

Ware County Grant for Southern Forest World .................................................. ..............................$
Ware County Grant for Road Maintenance . ..............................$ Capital Outlay ..................................................................................$ Total Funds Budgeted.....................................................................$ State Funds Budgeted...................................... ..............................$

30,000 60,000 258,219 39,152,689 34,332,917

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,927,295

$

33,224,143

$

4,001,251

$

39,152,689

$

100,000

$

30,399,821

$

3,833,096

$

34,332,917

Section 23. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .. ...............................$
Personal Services.. .............................................,..............................$ Regular Operating Expenses ..........................................................I 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. .........................................................$

40,023,066 29,829,867 2,540,638
505,589 992,500 764,021 1,529,394 1,883,202 767,110 701,745 509,000
0 40,023,066 40,023,066

Georgia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime Information Center Forensic Sciences Total

$

3,355,181

$

9,433,807

$

11,972,049

$

6,782,757

$

8,479,272

$

40,023,066

$

3,355,181

$

9,433,807

$

11,972,049

$

6,782,757

$

8,479,272

$

40,023,066

Section 24. Office of the Governor. A. Budget Unit: Office of the Governor.............. ...............................$
Personal Services.............................................. ...............................$ Regular Operating Expenses ..........................................................$ Travel .................................................................................................$ Motor Vehicle Purchases ................................ ...............................$ Equipment......................................................... ...............................$ Computer Charges..... ....................................... ...............................$ Real Estate Rentals ...................................... ..................................$ Telecommunications ........................................ ...............................$ Per Diem, Fees and Contracts....................... ...............................$ Cost of Operations ..........................................................................$ Mansion Allowance .......................................... ...............................$ Governor's Emergency Fund .......................... ...............................$ Intern Stipends and Travel............................ ...............................$

26,295,353 14,057,557
882,728 291,544
0 119,796 618,255 1,052,178 349,611 35,731,243 3,184,094 40,000 3,600,000 165,000

WEDNESDAY, FEBRUARY 23, 1994

1243

Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds .....................................................$ Children and Youth Grants...........................................................$ Juvenile Justice Grants ..................................................................$
Georgia Crime Victims Assistance Program.....................................................................$
Grants to Local Systems................................................................! Grants - Local EMA.......................................................................$ Grants - Other.................................................................................! Grants - Civil Air Patrol................................................................! Total Funds Budgeted..............,.....................................................! State Funds Budgeted....................................................................!

3,007,357 359,004 60,000 0 290,975
1,112,317
100,000 684,400 1,044,200
0 60,000 66,810,259 26,295,353

Office of the Governor Functional Budgets

Total Funds

State Funds

Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Council Criminal Justice
Coordinating Council Children and Youth
Coordinating Council Human Relations Commission Professional Standards
Commission Georgia Emergency Management
Agency Office of State Olympic
Coordination Total

6,989,094
911,207
5,836,232 4,129,292 2,319,777 33,794,630
351,360
545,189
1,508,372
1,735,967 301,197
3,679,160
4,486,190
222,592 66,810,259

6,989,094
773,198
5,836,232 3,347,292 2,319,777
269,751
83,934
545,189
391,432
508,467 301,197
3,679,160
1,028,038
222,592 26,295,353

B. Budget Unit: Lottery for Education.. Technology Grants.............................. Total Funds Budgeted........................ Lottery Funds Budgeted....................

500,000 500,000 500,000 500,000

Section 25. 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......................................................!

648,888,092
56,639,228 1,896,500 1,283,117 1,326,625 117,425 4,947,294 757,627

1244

JOURNAL OF THE HOUSE,

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..............................

1,316,901 629,431 244,000
30,809,504 31,999,329
67,500 961,036 13,061,295 146,056,812 412,600 90,272,131

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

943,532 2,048,237
30,809,504
27,459,047 5,599,652 1,971,126
657,973 2,810,366
8,494,996 5,990,277 5,531,377 1,768,008 1,679,226
0 506,897 48,159,259
1,627,335 $ 146,056,812

943,532 2,048,237
22,564,521
26,109,983 4,485,460 1,971,126
647,973 2,810,366
1,922,315 2,227,997 5,331,377 1,768,008 1,679,226 (7,945,954)
506,897 21,653,732
1,547,335 90,272,131

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.............................................................!

51,307,142 74,956,194
965,919 0
150,672 1,189,239 5,167,803
884,772 755,461 8,131,654 308,000 3,280,000
960,000 653,222 672,400 672,246

WEDNESDAY, FEBRUARY 23, 1994

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....................

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 -

11,408,193 1,168,153 1,405,427
2,039,956
4,079,993
5,486,723
2,172,225 7,781,944 77,674,052 51,625,588 13,174,108 2,874,732 1,582,565
575,004 941,562
5,624,391
1,050,368 1,374,622 1,906,836 1,007,080
506,365 4,307,232
840,070 293,275 1,684,689 1,795,408 1,236,591 I,420,559 5,268,732 3,552,585 510,152 7,720,355 II,462,507 3,220,025 2,987,478

1245
11,627,476 91,390,810
34,500 139,801
766,455 254,013,766
549,718 134,438,375
State Funds
11,278,518 922,624
1,195,252
1,509,956
3,683,691
5,374,723
321,819 4,280,069
0 50,769,588 7,691,833 1,818,184 1,457,897
439,337 0
5,156,068
724,348 514,156 805,458 1,007,080 506,365 4,307,232 642,845 293,275 1,551,088 1,576,335 1,013,773 1,244,466 5,148,732 1,351,553 330,703 4,044,462 508,816 2,485,942 1,933,378

1246

JOURNAL OF THE HOUSE,

Planning Councils Early Intervention Public Health -
Division Indirect Cost Total

168,677 12,085,544
0 254,013,766

151,525 9,933,002
(1,535,718) 134,438,375

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....................................................................!

66,669,489 11,478,127
829,018 63,700 527,225 3,947,918 7,536,461 2,313,365 1,522,688 24,687,235 27,675 692,387 9,025,409
148,554 912,445 734,188 131,115,884 100,000 21,937,855

Rehabilitation Services Functional Budgets

Total Funds

State Funds

District Field Services Independent Living 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

$

42,805,575

$

573,642

I

1,697,218

$

8,126,966

$

6,922,771

$

1,017,410

$

3,662,179

$

701,682

$

31,902,848

$

12,001,125

$

21,704,468

5 131,115,884

!

8,793,354

!

573,642

$

837,565

!

3,153,263

!

1,472,781

!

0

!

1,252,799

!

701,682

!

0

$

804,075

!

4,348,694

!

21,937,855

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..................................

41,218,446 3,599,474
723,173 0
348,301 2,618,805 17,966,733 23,375,898

WEDNESDAY, FEBRUARY 23, 1994

Telecommunications....................... Children's Trust Fund.................... Cash Benefits ................................... Special Purpose Contracts............. Service Benefits for Children........ Purchase of Service Contracts ...... Postage.............................................. Grants to County
DFACS - Operations................... Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care
Day Care Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

$

378,902

$

4,142,108

$

5,690,539

$

3,678,311

$

11,772,913

$

1,094,091

$

1,937,040

$

27,467,673

$

49,073,041

$ 478,723,383

$

100

$

2,799,421

$

12,966,539

$ 101,653,359

$

82,455,713

$

3,053,351

$

7,545,258

$

57,258,469

$

12,039,879

$

26,196,997

$

2,884,700

$

32,999,018

$

8,399,105

$

2,198,812

$

9,538,644

$

6,175,493

$

90,303,653

$

152,058

$

1,484,548

$

1,267,311

$

0

$ 1,045,330,429

Budget Unit Object Classes: Personal Services..............

1247
3,990,060 1,095,001 493,635,443 4,236,441 171,198,096 16,934,020
3,437,860
260,952,678 1,045,330,429
2,565,582 402,239,731

State Funds

$

378,902

$

3,763,924

$

4,504,254

$

3,678,311

$

1,020,544

$

1,094,091

$

1,755,583

$

12,308,393

$

2,436,515

$ 180,526,588

$

100

$

0

$

0

$

50,678,565

$

30,437,583

$

0

$

2,114,331

$

26,720,345

$

4,541,676

$

10,841,651

$

2,262,504

$

20,682,619

$

6,725,777

$

1,920,404

$

7,256,644

$

3,836,012

$

27,236,623

$

152,058

$

1,459,766

$

1,267,311

$

(7,361,343)

$ 402,239,731

215,834,305

1248

JOURNAL OF THE HOUSE,

Regular Operating Expenses .......................... Travel................................................................. Motor Vehicle Purchases ................................ Equipment......................................................... Real Estate Rentals......................................... Per Diem, Fees and Contracts....................... Computer Charges............................................ Telecommunications........................................ Crippled Children's Benefits.......................... Kidney Disease Benefits................................. Cancer Control Benefits.................................. Benefits for Medically Indigent High-Risk
Pregnant Women and Their Infants......... Family Planning Benefits............................... Case Services..................................................... E.S.R.P. Case Services..................................... Crippled Children's Clinics............................. Children's Trust Fund..................................... Cash Benefits.................................................... Special Purpose Contracts.............................. Service Benefits for Children......................... Purchase of Service Contracts ....................... Grant-In-Aid to Counties................................ Institutional Repairs
and Maintenance.......................................... Utilities.............................................................. Postage.............................................................. Payments to DMA-Community Care........... Grants for Regional Maternal
and Infant Care ........................................... Grants to County DFACS - Operations......
B. Budget Unit: Community Mental Health/ Mental Retardation and Institutions...............................
Personal Services............................................. Regular Operating Expenses ......................... Travel................................................................ Motor Vehicle Purchases ............................... Equipment........................................................ Computer Charges........................................... Real Estate Rentals........................................ Telecommunications ....................................... Per Diem, Fees and Contracts...................... Utilities ............................................................. 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....................................

91,930,295 3,801,227 1,390,325 1,143,623 12,703,256 31,428,624 27,890,936 6,897,640 8,131,654
308,000 3,280,000
960,000 653,222 24,687,235 27,675 672,400 1,095,001 493,635,443 5,845,074 202,007,600 69,586,234 91,390,810
250,554 912,445 5,272,885 13,061,295
766,455 260,952,678
453,549,101 357,906,757 38,609,341
310,642 536,000 2,031,779 4,714,791 262,805 2,420,742 9,147,738 11,662,611
1,789,045 47,886,720
91,101,329 30,171,912
62,683,827 294,118
661,530,157 2,404,100
453,549,101

WEDNESDAY, FEBRUARY 23, 1994

1249

Community Mental Health/Mental Retardation and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital Brook Run Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Total

46,222,315 32,454,866
34,058,259
25,471,929
30,122,181
32,707,207 144,030,051
26,324,943
49,422,633
24,580,585 3,652,861
10,486,840
4,025,729
70,405,651 29,820,474
738,489 534,154 1,134,450
62,683,827 439,184
1,515,383
290,264 351,438
4,242,573
14,805,724
95,472 10,912,675 661,530,157

26,136,518 13,574,257
28,206,429
21,525,985
21,122,689
25,269,771 86,660,147
21,215,772
24,189,196
19,827,498 2,753,743
10,377,423
3,021,587
34,086,393 26,376,057
738,489 534,154 1,134,450
58,644,635 439,184
1,319,883
290,264 351,438
4,242,573
14,805,724
95,472 6,609.370 453,549,101

Section 26. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade
and Tourism ............................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$

19,067,207 8,155,880 1,494,818
335,000

1250

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ..............................,................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts .................................................$ Marketing .........................................................................................$ Georgia Ports Authority
Lease Rentals...............................................................................! Foreign Currency Reserve..............................................................! Waterway Development in Georgia..............................................$ Lanier Regional Watershed Commission.....................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

32,000 60,883 152,440 947,130 227,000 663,178 154,100 6,479,578
1,450,000 50,000 50,000 0 0
20,252,007 19,067,207

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

10,537,279

$

4,203,072

$

951,205

$

4,560,451

!

20,252,007

$

9,707,479

$

4,058,072

$

951,205

$

4,350,451

$

19,067,207

Section 27. 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....................................................................!

14,405,585 12,601,520
713,762 401,560 84,000 55,750 447,756 806,814 251,433 202,990
0 15,565,585 14,405,585

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

!

4,327,490

!

6,212,193

$

427,266

!

4,598,636

!

15,565,585

$

4,327,490

$

6,212,193

$

427,266

$

3,438,636

$

14,405,585

Section 28. Department of Labor. Budget Unit: Department of Labor....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................!

7,170,026 66,655,245 5,609,533
1,102,315 0

WEDNESDAY, FEBRUARY 23, 1994

1251

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...............

903,198 8,302,843 2,187,517 1,166,682
69,792,752 3,020,853 0 1,774,079 1,013,125
161,528,142 7,170,026

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices/ Administrative Services
Employment and Training Services
Total

27,869,860
133,658,282 161,528,142

5,328,984
1,841,042 7,170,026

Section 29. 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....................................................................!

9,722,888 8,873,873
504,005 102,540
0 26,136 342,637 455,147 125,317 60,000 140.000 10,629,655 9,722,888

Section 30. 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.......................................................................!
Audit Contracts...............................................................................! SFY 1994 Medicaid Benefits,
Penalties and Disallowances......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,156,386.995 13,372,230 4,007,985 188,400 0 74,644 19,138,965 885,000 425,000 66,926,024
3,210,021,753 772,500
0 3,315,812,501 1,156,386,995

Medical Assistance Functional Budgets

Total Funds

State Funds

1252

JOURNAL OF THE HOUSE,

Commissioner's Office Benefits, Penalties
and Disallowances Community Services Systems Management Professional Services Program Compliance Maternal and Child Health Financial and Hospital
Reimbursement Nursing Home Reimbursement Nursing Home and Hospital
Policy Total

65,129,010
3,210,021,753 958,808
20,821,786 4,385,009 3,744,097 2,009,349
1,547,749 632,273
6,562.667 3,315,812,501

4,346,969
1,137,679,765 355,524
5,310,279 2,042,589 1,448,548
919,567
752,016 316,136
3,215,602 1,156,386,995

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts......................................................! Benefits .............................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

139,287,133 7,557,900
358,962,316 366,520,216 139,287,133

Section 31. 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 7,746,276 1,772,962
82,440 32,625 917,345 136,502,980 3,290,473 261,965 838,823,000 989,430,066 113,880 10,107,595
979,064,150 144,441 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

2,237,508 2,406,096
1,196,933 1,197,173
1,331,722
34,910,504 943,205,397
2,944,733 989,430,066

Section 32. Department of Natural Resources.

WEDNESDAY, FEBRUARY 23, 1994
A. Budget Unit: Department of Natural Resources..................................................................!
Operations Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ....................................................,,! Computer Charges...........................................................................! Telecommunications.......................................................................! Authority Lease Rentals................................................................! Advertising and Promotion............................................................! Cost of Material for Resale ...........................................................$
Capital Outlay: New Construction............................................................................! Repairs and Maintenance..............................................................! Land Acquisition Support.............................................................! Wildlife Management Area Land Acquisition....................................................................................! Shop Stock - Parks.........................................................................! User Fee Enhancements.................................................................! Buoy Maintenance..........................................................................! Waterfowl Habitat..........................................................................$ Paving at State Parks and Historic Sites................................................................................!
Grants: Land and Water Conservation......................................................! Environmental Facilities .............,,,,...............................................$ National War Museum...................................................................! 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 ..................................................................$ Payments to Mclntosh County.....................................................! 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..............................................................!
Receipts from North Georgia

1253
79,657.610
65,885,253 13,006,165
477,000 2,016,107 2,219,450 2,389,732 3,440,791 1,066,568 1,143,671
130,000 150,000 2,590,000
1,077,719 2,214,111
225,000
800,000 350,000 1,300,000 35,000
0
500,000
800,000 0
250,000 500,000
0 106,513
170,047 80,000 185,725
300,000
0 8,918,534 5,363,868
2,323,167 100,000 7,000
120,121,421
887,210
3,804,148
3,362,900

1254

JOURNAL OF THE HOUSE,

Mountain Authority....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

1,415,630 200,000
79,657,610

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Pollution Prevention Program Total

$

6,853,412

$

39,068,417

$

2,360,974

$

31,267,622

$

38,595,216

$

1,975,780

$ 120,121,421

$

6,853,412

$

13,715,588

$

2,244,724

$

26,909,749

$

29,000,210

$

933,927

$

79,657,610

B. Budget Unit: Georgia Agricultural Exposition Authority..............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 1,882,086 1,598,081
31,000 18,000 85,000 35,000
0 36,000 625,000
0 4,310,167
0

Functional Budget

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

4,310,167

$

0

Section 33. 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.............................................................................!

91,098,313
54,889,973 7,424,338
145,742 4,025,000
646,650 4,047,061
10,356 593,000 392,400
150,000 0
72,324,520 1,650,000 70,674,520
16,101,557

WEDNESDAY, FEBRUARY 23, 1994

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 DO AS Service Funding. State Funds Budgeted..................

Public Safety Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

19,789,885

$

20,423,793

$

52,534,635

$

92,748,313

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..............................................

Attached Units Functional Budgets

Total Funds

1255
1,840,988 25,800 73,500 100,000 45,000 61,058
619,000 189,140
0 290,000
30,000 1,047,750 20,423,793
0 20,423,793
State Funds
18,289,885 20,423,793 52,384,635 91,098,313
13,818,424
7,028,572 2,586,935
87,970 68,500 198,860 235,708 102,114 144,490 646,987 3,518,370
0 14,618,506 13,523,506
416,931 28,450 9,828
0 3,168 37,080 78,161 3,800 7,500 2,760,000 3,344,918 294,918
State Funds

1256

JOURNAL OF THE HOUSE,

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

$

3,344,918

$

5,444,100

$

1,035,163

$

1,145,078

$

459,784

$

6,534,381

$

17,963,424

294,918
5,444,100 970,163
1,045,078
459,784
5,604,381 13,818,424

Section 34. 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.........................................

9,640,000 490,000
9,150,000 9,640,000 9,640,000

Section 35. 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...................................

8,269,808 6,632,449
390,285 256,756 216,200 36,174 408,660 348,489 114,754 1,688,000 10,091,767 8,269,808

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,657,023 3,498,344 4,936,400 10,091,767

$

1,657,023

1,848,555

4,764,230

8,269,808

Section 36. 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.................................................................................!

948,775,494
1,021,538,824 140,000,000
255,384,706 150,000,000
9,938,094 308,856 338,725 319,747
4,347,000 0

WEDNESDAY, FEBRUARY 23, 1994

1257

Total Funds Budgeted....................................................................! Departmental Income.....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

1,582,175,952 40,000,000 290,000,000 300,373,158 3,027,300 948,775,494

B. Budget Unit: Regents Central Office and Other Organized Activities....................................!
Personal Services: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................! Sponsored Operations.....................................................................! Fire Ant and Environmental Toxicology Research .......................................................................$ Agricultural Research.....................................................................! Advanced Technology Development Center............................................................................................! Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships ..................................................................$ Mercer Medical School Grant.......................................................! Morehouse School of Medicine Grant .........................................$ Capital Outlay .................................................................................$ Center for Rehabilitation Technology...................................................................................! SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia Military College...........................................................................! CRT Inc. Contract at Georgia Tech Research Institute.......................................................................! Direct Payments to the Georgia Public Telecommunications Commission for Operations..............................................................................! Total Funds Budgeted....................................................................! Departmental Income................................................................,....! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

151,531,849
243,658,796 66,191,000
125,825,902 38,067,000
0 1,923,573
1,845,158
2,937,583 2,484,870
146,400 6,244,350 4,941,300
332,090
2,156,619 5,960,000 1,188,042
600,000 200,000
821,295
212,983
8,008,090 513,745,051
0 106,039,476 255,618,026
555,700 151,531,849

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute

!

1,772,979

!

3,746,131

!

1,289,731

! 126,865,582

1,236,191
1,415,242 889,008
12,512,506

1258

JOURNAL OF THE HOUSE,

Education Extension Services
Agricultural Experiment Station
Cooperative Extension Service
Medical College of Georgia Hospital and Clinics
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

8,406,046
51,597,446 44,076,352 225,322,601
2,516,193 2,633,376 22,082,249 2,719,756 2,857,032 17,859,577 $ 513,745,051

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................$ Operating Expenses........................................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund...................................................................................$ Capital Outlay - GPTV..................................................................$ Georgia Research Alliance .............................................................$ Capital Outlay-Georgia State University ....................................$ Research Consortium......................................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted ................................................................$

Section 37. Department of Revenue. Budget Unit: Department of Revenue ...............................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement
and FICA......................................................................................! Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

2,379,846
33,298,793
26,617,995
30,343,977
2,516,193
482,087
22,082,249
0
0 17,757,762 151,531,849
0 7,027,593 9,478.750 16,506,343 16,506,343
0
31,875,000
15,000,000 0
14,875,000 2,000,000
0 31,875,000 31,875,000
85,710,120 54,974,828 4,596,395 1,380,174
246,000 800,122 13,035,576 2,832,804 866,537 1,558,524
3,369,000 0
3,145,955 3,496,176 90,302,091 3,755,000 85,710,120

WEDNESDAY, FEBRUARY 23, 1994

1259

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

6,622,293 11,348,127 8,886,891 17,581,952 7,312,806 18,959,391 7,034,530 4,286,212 4,005,872
46,000 4,218,017 90,302,091

6,622,293 11,148,127 8,071,691 17,371,952 6,612,806 17,659,391 7,034,530 3,249,241 3,676,072
46,000 4.218,017 85,710,120

Section 38. 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.................

26,113,474 15,910,488 3,662,577
230,350 111,000 243,162 2,030,588 2,484,990 368,304 1,417,015 700,000 27,158,474 26,113,474

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

!

3,442,680

!

4,427,394

!

4,751,435

!

3,561,836

!

1,036,656

!

299,254

!

9,639.219

!

27,158,474

3,412,680 4,352,394
4,035,435
3,541,836 982,656 299,254
9,489,219 26,113,474

B. Budget Unit: Real Estate Commission. Personal Services...................................... Regular Operating Expenses.................
Motor Vehicle Purchases ......................................................,........$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,940,000 1,126,200
155,100 16,000 23,000 8,000 350,000 113,700 30,000 118,000 1,940,000 1,940,000

1260

JOURNAL OF THE HOUSE,

Real Estate Commission Functional Budget

State Funds

Cost of Operations

Real Estate Commission

1,940,000

$

1,980,000

Section 39. 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....................................................................$

1,907,008 995,900 233,414 40,520 24,000 12,115 7,500 78,865 22,000 631,350 424,000
2,469,664 1,907,008

Section 40. 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....................................................................!

27,263.651 4,789,333
399,051 81,800
0 16,000 371,000 24,763 142,000 42,757
0 4,076,000 18,840,166 5,003,940
38,000 75,000 160,000 593,600 425,000 35,078,410 27,263,651

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

5,342,017
0
29,211,706
524,687 35,078,410

0
0
26,738,964
524,687 27,263,651

WEDNESDAY, FEBRUARY 23, 1994

1261

B. Budget Unit: Lottery for Education..............................................$ Hope Financial Aid - Tuition........................................................$ Hope Financial Aid - Books ..........................................................$ Hope Financial Aid - Fees.............................................................$ Tuition Equalization Grants .........................................................$
Georgia Military College Scholarship ........................................................,..........................$
LEPD Scholarship ..........................................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

86,174.658 48,994,747 20,620,107 4,656,704 11,563,000
240,000 100,000 86,174,558 86,174,558

Section 41. 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....................................................................$

3.925.000 3,668,086
365,250 30,000
0 24,150 967,136 469,750 68,893 376,000 3,400,000
525,000 9,894,265 3,925,000

Section 42. 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....................................................................!

138,462,642 3,623,425 371,335 110,500 0 15,000 406,730 334,490 158,000 629,000 96,108,185 19,524,900 0 6,441,910 24,067,445 2,668,900 14,669,900
169,129,720 138,462,642

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

!

5,648,480

$ 163,481.240

! 169,129,720

3,840,685 134,621,957 138,462,642

B. Budget Unit: Lottery for Education......................................

24,323,740

1262

JOURNAL OF THE HOUSE,

Computer Laboratories and Satellite Dishes - Adult Literacy ..............................................................$
Capital Outlay - Technical Institute Satellite Facilities........................................................................$
Equipment-Technical Institutes ...................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................?

1,000,000
20,920,990 2,402,750 24,323,740 24,323,740

Section 43. Department of Transportation. Budget Unit: Department of Transportation....................................?
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Capital Outlay - Airport Approach Aid and
Operational Improvements........................................................? Capital Outlay - Airport Development........................................? Mass Transit Grants.......................................................................? Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations................................? Spoilage Area Acquisition, Clearing,
Preparation and Dike Reconstruction......................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

450,894,978 244,643,425 55,888,851
1,494,910 1,522,000 5,757,602 6,077,860 1,334,773 2,503,900 47,504,677 628,498,885
1,024,100 1,167,500 9,463,781
680,000
0 1,007,562,264
450,894,978

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

? 759,892,740

$ 196,819,300

?

12,062,562

$

23,126,927

? 991,901,529

? 224,366,211

? 185,619,300

?

11,512,562

$

22,501,927

? 444,000,000

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

?

1,395,402

?

13,585,333

?

680,000

?

15,660,735

?

0

?

1,008,402

?

5,206,576

?

680,000

?

6,894,978

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service...........
Personal Services........................................................ Regular Operating Expenses .................................... Travel........................................................................... Motor Vehicle Purchases .......................................... Equipment...................................................................

23,084,407 4,640,467
115,123 74,200
0 183,700

WEDNESDAY, FEBRUARY 23, 1994

1263

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...................

11,753 238,641 57,883 23,500
17,179,635
6,730,171
325,825 29,580,898 23,084,407

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

$

5,265,867

$

17,516,260

$

6,798,771

$

29,580,898

4,995,258
13,215,790
4,873,359 23,084,407

Section 45. 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..................................................................

9,885,417 7,116,638
310,300 55,000
0 17,250 450,000 1,013,996 108,890 255,000 748,343 10,075,417 9,885,417

Section 46. 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)............ .............................................$

307,500,933 61,000,000 368,500,933
36,063,984 0
36,063,984

Section 47. 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

1264

JOURNAL OF THE HOUSE,

Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.
Section 48. 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 49. 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 50. 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 51. 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 52. 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 53. Provisions Relative to Section 12, 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 54. Provisions Relative to Section 14, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities.
It is the intent of this General Assembly that the Department of Agriculture deter mine the feasibility of relocating the MLK laboratories.
Section 55. Provisions Relative to Section 17, 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,

WEDNESDAY, FEBRUARY 23, 1994

1265

municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Section 56. Provisions Relative to Section 18, Department of Corrections. 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 chap lains as that for classified merit system positions with the same job duties.
Section 57. Provisions Relative to Section 20, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,689.75. 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 20, 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 1995.
From the Appropriations in Section 20, 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 1995 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 1995 that it contributed during SFY 1994.
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.

1266

JOURNAL OF THE HOUSE,

It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning 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 kindergarten and 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 58. Provisions Relative to Section 22, 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 59. Provisions Relative to Section 24, 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 60. Provisions Relative to Section 25, 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

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, 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.

WEDNESDAY, FEBRUARY 23, 1994

1267

The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1995 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.
The Department of Human Resources is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 33 mentally
retarded clients from hospitals to community residential settings. The Department of Human Resources is hereby directed to coordinate continued
development of the Social Services Network computer system with the Department of
Administrative Services.
The Department of Human Resources is directed to provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of
insurance, whichever is less. All billings for treatments will be at the lowest possible acqui sition prices and this funding is for uninsured clients with hemophilia. In addition, the not
for profit agency will provide home visits and coordinated after care with federally funded Comprehensive Hemophilia Treatment Centers utilizing the agency's nurses and social
workers and with no charge to the uninsured clients.
Section 61. Provisions Relative to Section 29, Law Department. Provided, the department is authorized to use other funds for the use of upgrading computer sys
tems.

1268

JOURNAL OF THE HOUSE,

Section 62. Provisions Relative to Section 30, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
Section 63. Provisions Relative to Section 31, 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 1995 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 1995 shall not exceed 8.66%.
Section 64. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 32 (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 32.
Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 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 65. Provisions Relative to Section 33, 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 66. Provisions Relative to Section 36, 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, $3,750,000 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, $15,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Additionally, $14,950,000 shall be used to match public and private grants to public colleges and universities. Provided, how ever that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents shall allocate $3,000,000 for edu cational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.

WEDNESDAY, FEBRUARY 23, 1994

1269

Section 67. Provisions Relative to Section 38, 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 42, Department of Technical and Adult Education. None of the State funds appropriated in Section 42 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.
Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County.

Section 69. Provisions Relative to Section 43, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article HI, 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 $505,000,000 of motor fuel
tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist
ance Road Program.

1270

JOURNAL OF THE HOUSE,

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.
It is the intent of the General Assembly that the Department of Transportation design Highway 441 in Rabun County without limited access.
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 $8,291,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/ mental retardation institutions ($8,171,000 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 of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

WEDNESDAY, FEBRUARY 23, 1994

1271

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 1994 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each

1272

JOURNAL OF THE HOUSE,

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 46 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

A.) Maturities not to exceed two hundred forty months.

Principal Amount

Debt Service

Design, Site Work and Construction of Parking Deck
Construction of Public Libraries
Major Repairs and Renovation at Abraham Baldwin Agricultural College
Planning and Design of Board of Regents Facilities
Land Acquisition, Equipment and Construction of Testing Facility in Tifton
Construction and Equipment for Multipurpose Building at Albany Tech
Construction of Academic/ Classroom Building at Athens Tech
Construction of an Applied Manufacturing Technology Building at Augusta Tech
Construction of a Library at Columbus Tech
Construction of Classroom at

27,440,000 960,000
1,325,000 3,125,000
500,000 4,065,000 4,355,000
620,000 5,200,000

$

2,551,920

89,280

123,225 290,625

46,500

378,045

405,015

57,660 483,600

WEDNESDAY, FEBRUARY 23, 1994

Lanier Tech in Oakwood Construction of a Multipurpose
Building at Okefenokee Tech in Waycross Construction of a Multipurpose Building at Valdosta Tech Construction of a Library/ Lecture Hall at Walker Tech in Rock Spring Construction of a Visitor Center at Tallulah Gorge in Habersham and Rabun Counties Construction of a Camping Area at Richard B. Russell State Park Construction of an Interpretive Center for Sapelo Island Pool Restoration at Warm Springs Phase I Construction of Golf Course at Laura S. Walker State Park Governor's Road Improvement Program On-System Resurfacing and Rehabilitation Program and Matching Funds for the Federal Surface Transportation Program Dike Construction and Protection at the Savannah Harbor Governor's Preservation 2000 Land Acquisition Program Construction of a Multipurpose Building at the Augusta YDC Construction of Cottage at Lorenzo Benn YDC Major Renovations and Repairs at State Parks Construction of a Parking Facility on Butler St. Purchase a Parking Facility in Downtown Atlanta Acquisition of a Facility to House Public Safety Cost Over-Runs at Technical Institutes Construction of Correctional Institution in Muscogee County Sports Hall of Fame Project
Construction of Visitor Center
in Lavonia
Acquisition of Rhine to
Rochelle and Rochelle to
Cordele Rail Corridors

4,065,000
3,025,000 7,640,000
4,740,000
1,500,000
250,000 400,000 500,000
2,500,000 125,000,000
61,000,000
6,750,000 20,000,000 2,065,000
955,000 6,000,000 12,750,000 4,000,000 3,700,000 2,298,000
7,500,000 6,500,000 1,035,000
1,150,000

1273 378,045
281,325 710,520
440,820
139,500
23,250 37,200 46,500
232,500 11,625,000
5,673,000
627,750 1,860,000
192,045 88,815 558,000 1,185,750 372,000 344,100 213,714
697,500 604,500 96,255
106,950

1274

JOURNAL OF THE HOUSE,

Planning and Design of a Medical Facility for the Department of Corrections

2,400,000

223,200

B.) Maturities not to exceed sixty months.

Purchase of Vocational Equipment for New High Schools
Repairs and Renovations of Technical and Adult Facilities
Purchase of Equipment for the Governor's Traditional Industries Competitiveness Initiative
Design a New Facility for the Fulton RYDC
Replacement of HVAC Systems at Department of Children and Youth Services' Facilities
Renovations, Upgrades and Replacement Projects at Department of Human Resources Facilities
Planning and Design of a Public Health Laboratory
Minor Construction and Repair Projects at Correctional Facilities Statewide
Planning for Phase III Construction at Lee Arrendale Correctional Institution
Planning for the Expansion of Ancillary Services at Coastal Correctional Institution
Planning for the Replacement and Expansion of the Rome and Atlanta Diversion Centers
Planning for Capital Enhancements to the Food and Farm Program
Repairs and Renovations at the Atlanta Farmers' Market and the Seasonal Farmers' Markets Statewide
Construction and Equipment for four Poultry Diagnostic Labs
Retro-Fit Major HVAC Systems Purchase Computer Hardware and
Software for Development of a Motor Voter Registration System

6,000,000 1,000,000
3,075,000 620,000 445,000
530,000 465,000 1,000,000
390,000 200,000 80,000 70,000
1,000,000 720,000 900,000
4,630,000

1,386,000 231,000
710,325 143,220 102,795
122,430 107,415 231,000
90,090 46,200 18,480 16,170
231,000 166,320 207,900 1,069,530

Section 82. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $215,370,838 for the following purposes: 1.) To provide an increase of 4% 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 provide for a 4% increase for each state official whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia Gen eral Assembly, as amended, as authorized in said act, Code Section 45-7-4. 3.) To provide

WEDNESDAY, FEBRUARY 23, 1994

1275

for a 5% increase in state base salary on the teacher salary schedule for the State Board of Education and the Board of Technical and Adult Education and to provide a 4% increase for school bus drivers and lunchroom workers effective July 1, 1994. 4.) To pro vide a 5% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1994 for non-academic personnel and on September 1, 1994 for aca demic personnel. 5.) To reassign the following job classes by one paygrade and provide a one-step increase to incumbents of all positions in these classes: Special Agent, Senior Agent, Principal Agent, Assistant Agent-in-Charge, Inspector, Assistant Deputy Director, Trooper Cadet, Trooper, Trooper First class, Corporal, Sergeant (Assistant Post Com mander), Conservation Ranger Cadet, Conservation Ranger, Conservation Ranger First Class, Conservation Corporal, Conservation Sergeant, Conservation Captain, Revenue Enforcement Officer, Revenue Corporal, Revenue Sergeant, Revenue Lieutenant, Revenue Captain. 6.) To increase the monthly supplement earned by Squad Leaders, Assistant Squad Leaders and members of the Department of Corrections Tactical Squads (increase by $30). 7.) To reassign all classes in the Registered Nurse series by two paygrades and all classes in the Licensed Practical Nurse series by one paygrade and provide a one-step increase to incumbents of all positions in these classes. 8.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades.
Section 83. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1995.....................................................................................$ 9,775,460,431
Section 84. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 86. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 1375, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 1375 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representative Mills of the 21st, et al. move to amend the Committee substitute to HB 1375 by striking on page 56 line 35 the word "education" and inserting in lieu of the following:
"education that does not promote homosexuality as an alternative lifestyle."

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

N Ashe Y Atkins N Bailey
N Baker 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
N Buck N Buckner Y Bunn Y Burkhalter
Byrd

Y Campbell N Canty
Carlisle
N Carrell Carter
N Cauthorn
N Chambless N Chandler N Channell
Childers Y Clark

Y Coker Y Coleman, B N Coleman, T
N Colwell N Connell N Cox
N Crawford Y Crews N Culbreth N Cummings N Davis, G

Y Davis, M N Dickinson Y Dix
N Dixon, H N Dixon, S N Dobbs
Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M

1276

JOURNAL OF THE HOUSE,

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 Holmes
N Howard N Hudson N Hughes N Hugley Ylrvin N James
Jamieson Jenkins

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
N Lucas Y Maddox YMann N Martin N McBee E McClinton

Y McKinney N Milam Y Mills
N Mobley, B N Mobley, J Y Moore
Mosley Y Mueller E Oliver N O'Neal N Orrock
N Padgett N Parham
N Parrish N Patten N Pelote N Perry
Pinholster
YPoag N Polak
Y Porter Y Poston N Powell N Purcell, A Y Purcell, B

N Randall
N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield
N Skipper N Smith, C N Smith, L Y Smith, P
Smith, T Y Smith, V
Y Smith, W N Smyre NSnow N Stancil, F Y Stancil, S N Stanley, L

On the adoption of the amendment, the ayes were 56, nays 107. The amendment was lost.

N Stanley, P N Stephenson N Streat N Taylor Y Teague N Teper N Thomas N Tillman Y Titus Y Towery
Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson
N Watts E Westmorland N White Y Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:
Representative Mills of the 21st, et al. move to amend the Committee substitute to HB 1375 by striking on page 56 line 35 the word "education" and inserting in lieu of the following:
"education that is abstinence 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 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
Byrd Y Campbell
N Canty N Carlisle
Carrell N Carter N Cauthorn N Chambless N Chandler N Channell

Y 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 Y Ehrhart N Epps Y Evans Y Felton N Floyd, J.M N Floyd, J.W NGodbee N Golden Y Goodwin N Greene N Groover N Hammond

N Hanner N Harris, B Y Harris, M
Hart N Heard
N Hegstrom Y Hembree N Henson N Holland
Holmes N Howard N Hudson N Hughes N Hugley Y Irvin N James
Jamieson
N Jenkins 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 N Lawson NLee
Lewis NLord
N Lucas Y Maddox
YMann N Martin
N McBee E McClinton Y McKinney N Milam Y Mills N Mobley, B N Mobley, J Y Moore
Mosley Y Mueller E 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 N Poston N Powell N Purcell, A Y Purcell, B N Randall N Randolph
NRay N Reaves N Reichert
N Roberts N Royal
N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W N Smyre N Snow N Stancil, F Y Stancil, S N Stanley, L

WEDNESDAY, FEBRUARY 23, 1994

N Stanley, P N Stephenson
Y Streat N Taylor N Teague

N Teper N Thomas N Tillman Y Titus Y Towery

Y Trense Y Turnquest
Twiggs Y Vaughan N Walker

Y Wall N Watson N Watts E Westmoreland N White

On the adoption of the amendment, the ayes were 57, nays 108. The amendment was lost.

The following amendment was read:

1277
Y Williams, B Y Williams, R YYates N Yeargin
Murphy, Spkr

Representative Kaye of the 37th moves to amend the Committee substitute to HB 1375 as follows:
Page 70 line 10 in Section 78 delete "1993" and insert "1994".

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
Breedlove Y Brooks, D N Brooks, T
Brown NBuck N Buckner Y Bunn N Burkhalter
NByrd
Y Campbell
N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers
Y Clark Y Coker
Coleman, B N Coleman, T

N Colwell N Connell NCox Y Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart
NEpps Y Evans Y Felton N Floyd, J.M N Floyd, J.W N God bee 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
Holmes

N Howard
N Hudson N Hughes N Hugley N Irvin N James
Jamieson Jenkins Johnson, D.H Y Johnson, E Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamun Y Klein YLadd
Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox YMann N Martin Y McBee E McClinton
N McKinney N Milam Y Mills

N Moblev, B N Mobley, J Y Moore N Mosley Y Mueller E 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 N Poston N Powell N Purcell, A Y Purcell, B N Randall
N Randolph NRay N Reaves N Reichert
N Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 47, nays 121. The amendment was lost.

The following amendment was read:

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, P N Stephenson N Streat N Taylor
N Teague Y Teper
N Thomas N Tillman Y Titus N Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson N Watts E Westmoreland
White Y Williams, B N Williams, R YYates N Yeargin
Murphy, Spkr

Representative Crews of the 78th moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Dept. of Human Resources Public Health Activity in Section 25 relating to State Fiscal Year 1995 the figure ($430,945) and by decreasing object classes as listed below:

1278

JOURNAL OF THE HOUSE,

Object Classes Purchase of Services Contracts

$

(430,945)

(Contract with

Planned Parenthood

of the Atlanta

Area)

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 N Brooks, D N Brooks, T
Brown N Buck N Buckner
YBunn Y Burkhalter
Byrd Y Campbell N Canty N Carlisle N Carrell
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
Dixon, H N Dixon, S N Dobbs Y Ehrhart NEpps Y Evans N Felton N Floyd, J.M N Floyd, J.W
N Godbee N Golden
Y Goodwin N Greene N Groover N Hammond N Manner N Harris, B
Y Harris, M NHart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

N Howard N Hudson N Hughes
N Hugley N Irvin N James
Jamieson Y Jenkins
Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly
Lane, D N Lane, H Y Lawrence N Lawson
NLee Y Lewis NLord N Lucas Y Maddox YMann N Martin
N McBee E McClinton
McKinney N Milam Y Mills

N Mobley, B
Y Mobley, J Y Moore
Mosley Y Mueller E 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 N Poston N Powell N Purcell, A Y Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts
Royal N Scoggins N Shanahan N Sherrill
N Shipp N Simpson N Sinkfield N Skipper

N Smith, C N Smith, L Y Smith, P
Smith, T
Y Smith, V Y Smith, W N Smyre N Snow N Stancil, F Y Stancil, S
N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague NTeper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson
N Watts E Westmorland N White
Williams, B Y Williams, R
Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 49, nays 113. The amendment was lost.

The following amendment was read and ruled out of order:

Representative Kaye of the 37th moves to amend Committee substitute to HB 1375 by realigning the State funds budgeted for the Department of Education Budget Unit "B": Lottery for Education relating to State Fiscal Year 1995 the figure $500,000 and by
(increasing) (decreasing) object classes as listed below:

Object Classes

Next Generation School Grants Drug and Anti-Violence Education

(500,000) 500,000

And by deleting the following language on page 58 lines 3-6 relating to State Fiscal Year 1995:

WEDNESDAY, FEBRUARY 23, 1994

1279

"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."

Representative Kaye of the 37th moved that the House overrule the Chair. On the motion, 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 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 Channel! N Childers
N Clark N Coker N Coleman, B N Coleman, T

N Colwell N Connell NCox N Crawford N Crews N Culbreth
N Cummings N Davis, G Y Davis, M N Dickinson N Dix N Dixon, H N Dixon, S N Dobbs
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 Y Hembree N Henson N Holland N Holmes

N Howard N Hudson N Hughes
N Hugley N Irvin
N James Jamieson
N Jenkins Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J Y Johnston N Jones
Y Joyce YKaye N Kinnamon N Klein
NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox YMann N Martin N McBee E McClinton
McKinney N Milam
N Mills

On the motion, the ayes were 12, nays 158. The motion was lost.

N Mobley, B
N Mobley, J N Moore N Mosley N Mueller E 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 N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert
N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp
N Simpson N Sinkfield 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
N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague Y Teper N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs
N Vaughan N Walker N Wall
N Watson N Watts E Westmorland N White N Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Stancil of the 16th moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Department of Community Affairs relating to State Fiscal Year 1995 the figure $100,000 and by decreasing object classes as listed below:

Object Classes

Payments to Sports Hall of Fame

(100,000)

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

Y Bannister Barfoot
N Bargeron N Barnes

Bates N Benefield
N Birdsong N Bordeaux

N Bostick Breedlove
Y Brooks, D N Brooks, T

Brown NBuck N Buckner Y Bunn

1280

JOURNAL OF THE HOUSE,

Y Burkhalter
NByrd Y Campbell
Canty N Carlisle N Carrell
N Carter
N Cauthorn
N Chambless N Chandler N Channel! N Childers
Y Clark N Coker Y Coleman, B N Coleman, T
N Colwell N Connell NCox Y Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson
YDix N Dixon, H N Dixon, S N Dobbs 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 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 Irvin
N James Jamieson
N Jenkins Johnson, D.H
N Johnson, E Y Johnson, G
Y Johnson, J

Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein YLadd Y Lakly
N Lane, D N Lane, R Y Lawrence N Lawson NLee N Lewis
NLord N Lucas Y Maddox YMann N Martin N McBee E McClinton N McKinney N Milam Y Mills
N Mobley, B
N Mobley, J Y Moore N Mosley N Mueller
E Oliver N O'Neal
N Orrock

N Padgett N Parham N Parrish N Patten N Pelote N Perry Y Pinholster N Poag N Polak
N Porter
Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph N Ray N Reaves N Reichert N Roberts N Royal N Scoggins
N Shanahan
N Sherrill N Shipp
N Simpson
N Sinkfield N Skipper N Smith, C
N Smith, L
N Smith, P N Smith, T

On the adoption of the amendment, the ayes were 40, nays 128. The amendment was lost.

Y Smith, V
N Smith, W
N Smyre N Snow N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
N Stephenson N Streat N Taylor
N Teague N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker
N Wall N Watson N Watts E Westmoreland N White Y Williams, B N Williams, R Y Yates
N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Stancil of the 16th moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Department of Community Affairs relating to State Fiscal Year 1995 the figure $112,929 and by decreasing object classes as
listed below:

Object Classes

Payments to Music Hall of Fame

(112,929)

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
Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T
Brown
NBuck
N Buckner
Y Bunn

Y Burkhalter
N Byrd Y Campbell
Canty N Carlisle
N Carrell N 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 Y Dickinson YDix N Dixon, H N Dixon, S
N Dobbs Y Ehrhart NEpps Y Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden
Y Goodwin
N Greene

N Groover
N Hammond N 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 Irvin N James
Jamieson N Jenkins

Johnson, D.H
N Johnson, E
Y 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
N Lawson NLee N Lewis NLord N Lucas

WEDNESDAY, FEBRUARY 23, 1994

1281

Y Maddox Y Mann N Martin
N McBee E McClinton Y McKinney N Milam Y Mills N Mobley, B N Mobley, J
Y Moore N Mosley N Mueller E Oliver N O'Neal N Orrock

N Padgett N Parham N Parrish N Patten N Pelote N Perry Y Pinholster N Poag N Polak N Porter
Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph

NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp
N Simpson N Sinkfield
N Skipper N 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, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus

On the adoption of the amendment, the ayes were 44, nays 124. The amendment was lost.

Y Towery Y Trense N Turnquest N Twiggs
Y Vaughan N Walker N Wall N Watson
N Watts E Westmoreland
N White Y Williams, B
N Williams, R Yates
N Yeargin Murphy, Spkr

The following amendment was read:

Representative Stancil of the 16th moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Department of Human Resources, Community Mental Health/Mental Retardation and Institutions, Section 25, relating to State Fiscal Year 1995 the figure $35,000 and by adding object classes as listed below:

Object Classes

Motor Vehicle Equipment Purchases

$

(35,000)

Remove purchase of vehicle for Cherokee County Training Center

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
Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove
Y Brooks, D N Brooks, T
Brown NBuck N Buckner Y Bunn N Burkhalter
NByrd N Campbell
N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers Y Clark

Y Coker
N Coleman, B N Coleman, T N Colwell N Connell NCox N Crawford N Crews N Culbreth
N Cummings N Davis, G
Y Davis, M Y Dickinson YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans
N Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris, B 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 Irvin
N James Jamieson
N Jenkins Johnson, D.H
N Johnson, E N Johnson, G Y Johnson, J Y Johnston N Jones
Y Joyce YKaye N Kinnamon N Klein
NLadd Y Lakly N Lane, D N Lane, R Y Lawrence Y Lawson N Lee N Lewis NLord

N Lucas Y Maddox YMann N Martin N McBee E McClinton N McKinney N Milam
Mills N Mobley, B N Mobley, J Y Moore
N Mosley Y Mueller E Oliver N O'Neal
N Orrock N Padgett N Parham N Parrish N Patten N Pelote N Perry Y Pinholster
NPoag N Polak Y Porter
Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph

NRay N Reaves E Reichert
N Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, L Y 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, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery

1282

JOURNAL OF THE HOUSE,

N Trense N Turnquest N Twiggs

Y Vaughan N Walker Y Wall

N Watson
N Watts E Westmorland

N White N Williams, B N Williams, R

On the adoption of the amendment, the ayes were 37, nays 132. The amendment was lost.

Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 1375 as follows:
P. 36 - Line 18 cut $75,000.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins
N Bailey N Baker N Bannister
N Barfoot N Bargeron N Barnes
Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T
Brown N Buck
Buckner
Y Bunn N Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker N Coleman, B
Coleman, T

N Colwell N Connell N Cox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
N Dickinson YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart
N Epps Y Evans
Felton N Floyd, J.M
N Floyd, J.W Godbee
N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris, B N Harris, M N Hart N Heard N Hegstrom Y Hembree
Henson N Holland
Holmes

Howard N Hudson N Hughes N Hugley N Irvin N James
Jamieson N Jenkins N Johnson, D.H N Johnson, E
Johnson, G N Johnson, J
Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein NLadd Y Lakly
N Lane, D N Lane, R Y Lawrence N Lawson NLee N Lewis
NLord Lucas
Y Maddox YMann N Martin
N McBee E McClinton N McKinney
N Milam Y Mills

N Moblev, B
N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal
N Orrock N Padgett N Parham N Parrish N Patten
N Pelote N Perry Y Pinholster
N Poag N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
N Ray N Reaves
Reichert N Roberts N Royal
Scoggins N Shanahan N Sherrill
Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 23, nays 137. The amendment was lost.

N Smith, C N Smith, L N 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, P N Stephenson N Streat N Taylor
N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense
Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts E 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 Committee substitute to HB 1375 as follows:
P. 4 - Line 34 cut $25,000.

WEDNESDAY, FEBRUARY 23, 1994

1283

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey N Baker N Bannister N Barfoot N Bargeron
N Barnes Bates
N Benefield
N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown NBuck
Buckner YBunn Y Burkhalter NByrd N Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers Y Clark N Coker
N Coleman, B N Coleman, T

N Colwell
N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
Dickinson YDix N Dixon, H
N Dixon, S N Dobbs Y Ehrhart NEpps
Y Evans Y Felton N Floyd, J.M N Floyd, J.W
Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Hanner N Harris, B N Harris, M NHart N Heard N Hegstrom Y Hembree
Henson N Holland
Holmes

Howard N Hudson N Hughes N Hugley
N Irvin
N James Jamieson
N Jenkins N Johnson, D.H Y Johnson, E Y Johnson, G
Johnson, J Y Johnston N Jones Y Joyce YKaye
N Kinnamon N Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson
NLee N Lewis NLord
N Lucas Y Maddox YMann N Martin Y McBee E McClinton Y McKinney N Milam Y Mills

N Moblev, B N Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal
N Orrock N Padgett N Parham N Parrish N Patten N Pelote
N Perry
Y Pinholster N Poag N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal
Scoggins N Shanahan N Sherrill
Shipp N Simpson
N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 35, nays 126. The amendment was lost.

N Smith, C N Smith, L N 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, P N Stephenson
N Streat N Taylor
N Teague NTeper
Thomas N Tillman N Titus Y Towery
Trense Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson N Watts E Westmoreland N White N Williams, B N Williams, R Y Yates N Yeargin Murphy, Spkr

The following amendment was read:

Representative Felton of the 43rd moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Alternative Programs activity in Sec tion 20 relating to State Fiscal Year 1995, the figure $7,500,000.
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 Y Bannister N Barfoot N Bargeron N Barnes
Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T
Brown

NBuck Buckner
Y Bunn Y Burkhalter NByrd Y Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker

Y Coleman, B N Coleman, T N Colwell N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix N Dixon, H
N Dixon, S N Dobbs N 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 Hanner N Harris, B Y Harris, M NHart N Heard N Hegstrom

Y Hembree N Henson N Holland
Holmes Howard N Hudson
N Hughes N Hugley Y Irvin N James
Jamieson N Jenkins N Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston

1284

JOURNAL OF THE HOUSE,

N Jones Y Joyce YKaye N Kinnamon N Klein YLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox YMann N Martin N McBee

E McClinton
McKinney N Milam Y Mills N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E 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 N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts
N Royal Scoggins
N Shanahan N Sherrill
N Shipp N Simpson

N Sinkfield N Skipper N 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, P N Stephenson N Streat N Taylor N Teague
N Teper

On the adoption of the amendment, the ayes were 36, nays 130. The amendment was lost.

N Thomas N Tillman Y Titus N Towery
Trense Turnquest N Twiggs N Vaughan N Walker N Wall N Watson
N Watts E Westmorland N White Y Williams, B N Williams, R
Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:
Representative Felton of the 43rd moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Remedial Summer School activity in Section 20 relating to State Fiscal Year 1995, the figure $1,876,182.

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
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 Y Buckner
YBunn Y Burkhalter NByrd Y Campbell N Canty N Carlisle N Carrell N Carter N Cauthorn
N Chambless
N Chandler
N Channell
N Childers N Clark N Coker Y Coleman, B N Coleman, T

N Colwell
N Connell NCox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix N Dixon, H
N Dixon, S N Dobbs 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 Hanner N Harris, B N Harris, M
NHart N Heard
N Hegstrom Y Hembree N Henson N Holland
Holmes

Howard N Hudson
N Hughes N Hugley Ylrvin N James
Jamieson N Jenkins N Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J Y Johnston N Jones N Joyce
YKaye N Kinnamon N Klein
NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord
N Lucas Y Maddox N Mann N Martin Y McBee E McClinton N McKinney
Milam N Mills

N Mobley, B N Mobley, J Y Moore N Mosley Y Mueller E 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 N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 30, nays 138.

N 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, P N Stephenson
N Streat N Taylor
N Teague N Teper N Thomas N Tillman
N Titus Y Towery Y Trense
Turnquest N Twiggs N Vaughan N Walker N Wall N Watson N Watts E Westmoreland N White
Williams, B
N Williams, R Y Yates N Yeargin
Murphy, Spkr

WEDNESDAY, FEBRUARY 23, 1994

1285

The amendment was lost.

The following amendment was read:

Representative Smith of the 102nd District moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund, Section 46, relating to State Fiscal Year 1995 the figure $232,500 and by reducing the object classes below:

Object Classes

St. of Ga. Gen. Obligation Sinking Fund - State General Fund New

$

(232,500)

Remove the following project:

1.) Phase I construction of Golf Course at Laura S. Walker St. Park ($2,500,000 20-year bonds)

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 Y Breedlove N Brooks, D N Brooks, T
Brown N Buck 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 N Connell NCox Y Crawford
Crews N Culbreth N Cummings N Davis, G Y Davis, M
Y Dickinson YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart NEpps Y Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden Y Goodwin N Greene N Groover N Hammond N Hanner N Harris, B Y Harris, M
Hart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

Howard N Hudson N Hughes N Hugley Ylrvin N James
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 N Lewis NLord N Lucas Y Maddox YMann N Martin N McBee E McClinton Y McKinney N Milam Y Mills

N Mobley, B N Mobley, J Y Moore N Mosley
Mueller E 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 N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson N Sinkfield 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, P N Stephenson
N Streat N Taylor
N Teague Y Teper
Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson N Watts E Westmoreland N White
Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 42, nays 125. The amendment was lost.

The following amendment was read:

Representative Ehrhart of the 36th, et al. move to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Department of Community

1286

JOURNAL OF THE HOUSE,

Affairs Section 17 relating to State Fiscal Year 1995 the figure $100,000 and by decreasing the object classes as listed below:

Object Classes

Local Assistance Grants

(100,000)

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 N Breedlove Y Brooks, D N Brooks, T
Brown NBuck N Buckner
YBunn Y Burkhalter N Byrd N Campbell
N Canty N Carlisle N Carrell N 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 NDix N Dixon, H N Dixon, S N Dobbs 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 Hanner N Harris, B N Harris, M NHart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

Howard
N Hudson N Hughes N Hugley Y Irvin N James
Jamieson
N Jenkins N Johnson, D.H N Johnson, E
Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein NLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson
NLee N Lewis
NLord N Lucas Y Maddox YMann N Martin N McBee E McClinton N McKinney N Milam Y Mills

N Mobley, B N Mobley, J Y Moore
N Mosley N Mueller
E Oliver N O'Neal
Orrock N Padgett N Parham N Parrish
N Patten N Pelote N Perry Y Pinholster NPoag N Polak
N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper

On the adoption of the amendment, the ayes were 37, nays 132. The amendment was lost.

N Smith, C N Smith, L N Smith, P N Smith, T
Y Smith, V N Smith, W
Smyre N Snow N Stancil, F Y Stancil, S
N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
N Teague Y Teper N Thomas N Tillman N Titus Y Towery N Trense
Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson N Watts E Westmoreland N White Y Williams, B N Williams, R
Y Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representatives Lawrence of the 64th and Johnston of the 81st move to amend Com mittee substitute to HB 1375 by adding to Section 82 relating to State Fiscal Year 1995, after the word "better." on line 8, page 76, the following:
"However, this increase shall not apply to State Legislators."

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 Y Barnes N Bates N Benefield

N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D

N Brooks, T Brown
N Buck N Buckner Y Bunn

Y Burkhalter NByrd Y Campbell N Canty N Carlisle

WEDNESDAY, FEBRUARY 23, 1994

1287

N Carrell N Carter
Y Cauthorn
N Chambless
N Chandler
N Channell
N Childers Y Clark Y Coker Y Coleman, B N Coleman, T N Colwell N Connell N Cox N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson Y Dix N Dixon, H
N Dixon, S N Dobbs
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 N Hegstrom Y Hembree N Henson N Holland
Holmes N Howard N Hudson N Hughes N Hugley Y Irvin N James
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 N Lakly
N Lane, D N Lane, R Y Lawrence N Lawson NLee N Lewis NLord N Lucas Y Maddox YMann N Martin N McBee E McClinton N McKinney N Milam Y Mills N Mobley, B
N Mobley, J Y Moore N Mosley Y Mueller E 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 Y Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts
N Royal N Scoggins N Shanahan N Sherrill
Y Shipp
N Simpson N Sinkfield 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, P Y Stephenson N Streat N Taylor N Teague Y Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker N Wall N Watson
N Watts E Westmorland
N White Y Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 48, nays 124. The amendment was lost.

The following amendment was read:

Representative Johnson of the 153rd moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the Department of Children and Youth Services, Section 16, relating to State Fiscal Year 1995 the figure $207,669 and by adding the object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses

(157,669) (50,000)

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 N Byrd Y Campbell Y Canty N Carlisle
N Carrell
N 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 N Crawford
Y Crews N Culbreth
N Cummings N Davis, G Y Davis, M Y Dickinson
NDix N Dixon, H
N Dixon, S N Dobbs 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 N Hegstrom Y Hembree N Henson N Holland
Holmes N Howard N Hudson N Hughes N Hugley

Y Irvin N James
Jamieson N Jenkins
Y Johnson, D.H
Y Johnson, E
Y 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
Lawrence

1288
N Lawson NLee N Lewis NLord
Lucas Y Maddox YMann N Martin N McBee E McClinton N McKinney N Milam Y Mills N Mobley, B N Mobley, J Y Moore N Mosley

JOURNAL OF THE HOUSE,

Y Mueller E 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, A

N Purcell, B
Randall N Randolph NRay N Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
Y Shipp N Simpson
Sinkfield
N Skipper
N Smith, C N Smith, L

N 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, P N Stephenson
N Streat N Taylor N Teague N Teper N Thomas
N Tillman

Titus Y Towery Y Trense
Y Turnquest N Twiggs Y Vaughan
Walker Y Wall N Watson N Watts
E Westmorland N White Y Williams, B Y Williams, R Y Yates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 51, nays 116. The amendment was lost.

Representative Mueller of the 152nd moved that the House reconsider its action in failing to adopt the Johnson amendment.
On the motion, 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 N Burkhalter NByrd Y Campbell Y Canty N Carlisle
N Carrell
N 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 N Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
Y Dickinson YDix N Dixon, H N Dixon, S N Dobbs 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 N Hammond N Hanner N Harris, B Y Harris, M
YHart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

N Howard N Hudson
N Hughes N Hugley Y Irvin N James
Jamieson N Jenkins Y 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 N Lewis NLord N Lucas Y Maddox YMann N Martin
Y McBee E McClinton
McKinney
N Milam Y Mills

On the motion, the ayes were 51, nays 117. The motion was lost.

The following amendment was read:

Y Moblev, B N Mobley, J Y Moore N Mosley Y Mueller E 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, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert
Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp N Simpson
Sinkfield
N Skipper

N Smith, C N Smith, L N 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, P N Stephenson N Streat N Taylor
Teague
N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs Y Vaughan N Walker Y Wall N Watson N Watts E Westmoreland N White Y Williams, B
Williams, R
Y Yates N Yeargin
Murphy, Spkr

WEDNESDAY, FEBRUARY 23, 1994

1289

Representative Irvin of the 45th, et al. moves to amend Committee substitute to HB 1375 by removing from the State funds budgeted for the State of Georgia General Obliga tion Debt Sinking Fund, Section 46, line 10, page 52 relating to State Fiscal Year 1995
the figure $2,551,920 as listed below:

Object Classes

State General Funds New

(2,551,920)

And by deleting lines 14 - 16 on page 72 so as to remove the following projects:

Design, site work and construction of a 1,000 space parking deck at the Georgia World Congress Center.

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 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 N Buck N Buckner Y Bunn N Burkhalter N Byrd Y Campbell
N Canty N Carlisle N Carrell
N Carter N Cauthorn
N Chambless N Chandler N Channell
N Childers Y Clark N Coker Y Coleman, B N Coleman, T

N Colwell
N Connell NCox Y Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix N Dixon, H
N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Felton N Floyd, J.M N Floyd, J.W N Godbee
N Golden Y Goodwin N Greene N Groover N Hammond N Manner N Harris, B Y Harris, M NHart N Heard N Hegstrom Y Hembree N Henson N Holland
Holmes

Howard N Hudson
N Hughes N Hugley Y Irvin N James
Jamieson N Jenkins N Johnson, D.H Y Johnson,E Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane, D N Lane, R Y Lawrence N Lawson
NLee Lewis
NLord N Lucas Y Maddox YMann N Martin N McBee E McClinton Y McKinney Y Milam Y Mills

N Mobley, B N Mobley, J
Y Moore N Mosley N Mueller E 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 N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts N Royal
Scoggins N Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

N Smith, C N Smith, L N 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, P N Stepbenson
N Streat N Taylor
N Teague Y Teper N Thomas N Tillman Y Titus N Towery Y Trense N Turnquest
Twiggs Y Vaughan
N Walker N Wall N Watson N Watts E Westmoreland N White N Williams, B N Williams, R YYates N Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 45, nays 124. The amendment was lost.

The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

N Ashe N Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

1290

JOURNAL OF THE HOUSE,

Y Brooks, T Brown
YBuck Y Buckner
N Bunn N Burkhalter
YByrd Y Campbell
Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers N Clark N Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell YCox
Y Crawford N Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M Y Dickinson
NDix Y Dixon, H

Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans
N Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden N Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B N Harris, M
YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley N Irvin Y James Y Jamieson Y Jenkins
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 Y Lewis
YLord Y Lucas N Maddox NMann Y Martin Y McBee E McClinton Y McKinney Y Milam N Mills Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller
E 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 Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson
Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague N Teper
Y Thomas Y Tillman Y Titus N Towery N Trense Y Turnquest Y Twiggs N Vaughan Y Walker Y Wall Y Watson
Y Watts E Westmorland
Y White N Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 138, nays 35.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

House of Representatives Atlanta, Georgia 30334
2/23/94
I voted no on the FY 95 Budget for several reasons. I think we should strive to improve the process by which the budget is presented. I had different priorities than those addressed by some parts of the budget. There are numerous areas of the bill that I totally agree with, such as, teachers pay raises and care for the elderly. My vote expresses my heart-felt desire to study our budget procedure.
/s/ Vance Smith, Jr. District 102

2/23/94
HB 1375 contains many good uses of taxpayer's dollars; however, the process of the state budget input must be changed. State Representatives are elected to serve the taxpayer's best interest, but the largest part of this budget is never discussed or debated and that is the "continuation" part of the budget. A two and a half million dollar golf course is included in this budget but there were no funds available to restore a leaky school roof in Douglas County. The process needs improving when something like this occurs. There are good funds included in this budget for the House district I represent and it makes my decision a hard one to make. We had less than 48 hours to review this almost 10 billion dollar budget and I feel this process is not in the best interest of the taxpayers I represent. These are a few of the many reasons I voted no (and against giving myself a raise that was also in this budget).
Is/ State Rep. James Mills

WEDNESDAY, FEBRUARY 23, 1994

1291

District 21

Dear Mr. Clerk,
Pursuant to Rule 137, I hereby explain my votes on the Mills amendments.
While I agree with the specific intent of the amendments, I do not believe that the General Appropriations Act is the appropriate statute whereby the amendments should be offered.
The General Appropriations Act is not codified in the Official Code of Georgia Anno tated. I believe that the amendments would be better placed in the Official Code of Geor gia.
Please enter this explanation in the House Journal.
/s/ David Hughes 19th District

The Speaker announced the House in recess until 3:30 o'clock this afternoon.

1292

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 1014.

By Representatives Smith of the 169th, Smith of the 174th and Tillman of the 173rd:
A resolution recognizing the National Association of Health Unit Coordina tors and proclaiming August 23 as National Health Unit Coordinators Day in the State of Georgia.

HR 1015. By Representatives McKinney of the 51st, Canty of the 52nd, Holmes of the 53rd, Stanley of the 49th and Stanley of the 50th:
A resolution commending the Atlanta Mortgage Consortium.

HR 1016. By Representative Smith of the 109th:
A resolution commending the Jackson High School Red Regiment Marching Band.

HR 1017.

By Representatives Brooks of the 54th, Teague of the 58th, Stanley of the 49th, Davis of the 48th and Sinkfield of the 57th:
A resolution expressing regret at the passing of Ms. Charlie Mae Littlejohn Pearson.

Representative Colwell of the 7th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 966 Do Pass HR 1001 Do Pass
HR 1002 Do Pass HR 1012 Do Pass

SB 568 Do Pass, by Substitute SB 572 Do Pass, by Substitute SR 426 Do Pass

Respectfully submitted, /s/ Colwell of the 7th
Chairman

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1376.

By Representative Parham of the 122nd:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change certain definitions.

WEDNESDAY, FEBRUARY 23, 1994

1293

The following substitute, offered by Representative Parham of the 122nd was read and adopted:

A BILL
To amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, the "Uniform Commercial Driver's License Act," so as to change certain definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, the "Uniform Commercial Driver's License Act," is amended by striking paragraphs (22) and (24) of Code Section 40-5-142, relating to definitions relative to commercial driv ers, in its entirety and inserting in lieu thereof the following:
"(22) 'Serious traffic violation' means: (A) Speeding 15 or more miles per hour above the posted speed limit; ef (B) Reckless driving, as defined under state or local law;; (C) Following another vehicle too closely, as defined under state or local law; (D) Improper or erratic lane change which presents a risk to any other vehicle, but
not including failure to signal a lane change; or (E) A violation, arising in connection with a fatal accident, of state law or a local
ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations." "(24) 'Tank vehicle' means any commercial motor vehicle designed to transport any liquid; powdered, or gaseous materials within a tank that is either permanently or tem porarily attached to the vehicle or the chassis. Such vehicles include, but are not limited to, cargo tanks and portable tanks as defined by federal law. However, the term 'tank vehicle* shall not include a portable tank having a rated capacity under 1,000 gallons."
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 Atkins
Y Bailey Baker
Y Bannister
Y Barfoot Y Bargeron
Barnes Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Brown YBuck
Buckner Bunn Y Burkhalter Byrd Campbell Y Canty Carlisle Carrell Y Carter

Cauthorn Y Chambless Y Chandler Y Channell Y Childers
Clark Y Coker Y Coleman, B Y Coleman, T
Colwell Y Connell
YCox Y Crawford
Crews Y Culbreth
Cummings Y Davis, G
Davis, M Y Dickinson
Dix Dixon, H E Dixon, S Dobbs Ehrhart Y Epps Y Evans
Y Felton

Floyd, J.M Floyd, J.W Godbee Y Golden Goodwin Y Greene Y Groover Hammond Y Manner Y Harris, B Y Harris, M Hart N Heard Y Hegstrom Y Hembree Henson Y Holland
Holmes Howard Y Hudson Y Hughes Y Hugley Ylrvin Y James Y Jamieson Jenkins Y Johnson, D.H

Y Johnson, E
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D
Lane, R Lawrence Lawson YLee Y Lewis Lord
Lucas Maddox
YMann Martin
Y McBee E McClinton
McKinney YMilam
Mills

Mobley, B
Y Mobley, J Y Moore
Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Padgett
Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag
Polak Y Porter
Poston Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Reaves N Reichert

1294

JOURNAL OF THE HOUSE,

Y Roberts
Y Royal Scoggins
Y Shanahan Y Sherrill
Shipp Simpson Sinkfield Y Skipper

Smith, C
Smith, L Y Smith, P
Smith, T Smith, V Y Smith, W Smyre Snow Y Stancil, F

Y Stancil, S
Stanley, L Stanley, P Stephenson Streat Y Taylor Teague Y Teper Thomas

Y Tillman
Y Titus Towery
Y Trense Y Turnquest
Twiggs Y Vaughan
Walker Y Wall

Watson
Y Watts E Westmorland
White Y Williams, B
Williams, R Y Yates
Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 96, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1667.

By Representative Randall of the 127th:
A bill to amend Code Section 15-16-5 of the Official Code of Georgia Anno tated, relating to sheriffs' required bonds, so as to provide that bonds be con ditioned on the faithful accounting for all public and other funds or property coming into the sheriffs' or deputies' custody, control, care, or possession.

The report 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 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1764.

By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 36-62-5.1 of the Official Code of Georgia Anno tated, relating to joint development authorities, so as to specify procedures with respect to qualifying for job tax credit pursuant to Code Section 48-7-40; to provide for an additional job tax credit.

The report 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.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and refered to the Committee on Educa tion.

SB 644. By Senator Hill of the 4th:
A bill to amend Code Section 20-2-989.1 of the Official Code of Georgia Annotated, relating to classifications for certificated personnel established by the State Board of Education remaining in effect, so as to change the provi sions providing exceptions to the transfer of functions to the Professional Standards Commission.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 23, 1994

1295

HB 1702.

By Representatives Godbee of the 145th, Purcell of the 147th, White of the 161st, Taylor of the 134th, O'Neal of the 75th and others:
A bill to amend Code Section 20-2-1010 of the Official Code of Georgia Annotated, relating to state board authority to prescribe textbooks, so as to provide for state board authority to regulate the definition of the term "text book" to include systematically designed material in any medium within that definition.

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
Bates Benefield Birdsong Y Bordeaux Y Bostick Y Breedlove Brooks, D Y Brooks, T
Brown Y Buck
Y Buckner Y Bunn Y Burkhalter
Byrd Campbell Y Canty 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 Connell Cox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M Y Dickinson YDix
Dixon, H E Dixon, S
Dobbs Y Ehrhart
YEpps Y Evans Y Felton Y Floyd, J.M
Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene
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 Irvin
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
Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R
Lawrence Lawson
YLee Y Lewis
Lord Lucas Maddox YMann Y Martin Y McBee E McClinton McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston
Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Reaves
Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
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 Y Tillman
Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts E Westmoreland
White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

HB 1662. By Representative Groover of the 125th:
A bill to amend Code Section 15-18-5 of the Official Code of Georgia Anno tated, relating to the appointment of a substitute for an absent or disquali fied district attorney, so as to provide that a senior district attorney may be appointed for such purpose; to provide that a senior district attorney may not serve in another public office.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HB 1662 as follows:

1296

JOURNAL OF THE HOUSE,

By adding after "court" on line 16 page 4 the following: "As prescribed in O.C.G.A. 45-15-10, 45-15-18 and 45-15-19,".

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
Barfoot Bargeron
Y Barnes Bates
Y Benefield Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown
YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd
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
Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H
E Dixon, S Dobbs
Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Good win Y Greene Y Groover
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 Irvin
Y James Jamieson Jenkins
Y Johnson, D.H Y Johnson, E
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
Lucas Maddox YMann Y Martin Y McBee E McClinton McKinney Y Milam
Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Y Orrock Y Padgett
Par ham Y Parrish
Patten Pelote Y Perry Y Pinholster Poag Y Polak Porter Y Poston Powell Y Purcell, A Y Purcell, B Randall Y Randolph
YRay Reaves
Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts E Westmorland
White Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1632.

By Representatives Thomas of the 100th, Hammond of the 32nd and Chambless of the 163rd:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for specificity in the notice from the surety to the creditor.

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

Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Brown YBuck Y Buckner Y Bunn

WEDNESDAY, FEBRUARY 23, 1994

1297

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 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 E Dixon, S
Dobbs Y Ehrhart
Y Epps

Evans Y Felton
Y Floyd, J.M Y Floyd, J.W
Godbee Golden Goodwin
Y Greene Y Groover
Y Hammond Hanner
Y Harris, B Y Harris, M
Hart Y Heard
Hegstrom
Y Hembree Y Henson Y Holland
Y Holmes Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E 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
Lawson Y Lee Y Lewis
Lord
Lucas
Y Maddox Y Mann Y Martin
Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller
E Oliver Y O'Neal
Orrock

Y Padgett Y Parham
Y Parrish Patten
Y Pelote Perry
Y Pinholster
Poag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Randolph
Y Ray Reaves
Y Reichert
Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C
Y Smith, L Y Smith, P
Y Smith, T

Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman
Y Titus
Y Towery Y Trense Y Turnquest
Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts E Westmoreland
White Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 141, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1525.

By Representatives Chambless of the 163rd, Bostick of the 165th, Reichert of the 126th and Snow of the 2nd:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to pro vide that sovereign immunity extends to hospital authorities; to provide for exceptions and waivers thereof; to provide for reaffirmation and ratification of hospital authorities.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, known as the "Hospital Authorities Law," so as to provide that sovereign immunity extends to hospital authorities; to provide for exceptions and waivers thereof; to require hospital authorities to provide certain liability insurance protection or self-insurance pro tection in certain minimum amounts; to provide for the immunity of hospital authorities; to provide for other matters related thereto; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, known as the "Hospital Authorities Law," is amended by adding, following Code Section 31-7-75.2, a new Code Section 31-7-75.3 to read as follows:
"31-7-75.3. (a) Except as specifically provided in this Code section, sovereign immu nity extends to hospital authorities.
(b) The immunity provided by subsection (a) of this Code section shall be waived as to those actions or claims for the recovery of damages for which liability insurance

1298

JOURNAL OF THE HOUSE,

protection or self-insurance protection has been provided, but only to the extent of any such protection which is provided.
(c) Each hospital authority is required to purchase or otherwise provide liability insurance protection or self-insurance protection in the minimum amount of $1 million per claim and $3 million in the annual aggregate for actions for negligence asserted against such authority or any officer, agent, or employee thereof.
(d) Any such hospital authority is authorized to purchase insurance providing limits greater than those required in subsection (c) of this Code section and, in such event, the immunity is waived to the extent of such greater limits."
Section 2. To the extent that there was in effect a policy of liability insurance issued by a company authorized to do business pursuant to Title 33 of the Official Code of Geor gia Annotated for the period after January 1, 1991, and prior to the effective date of this Act, it is the intent of the General Assembly of Georgia that sovereign immunity existed but was deemed waived to the extent of such coverage for such period.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield Y Birdsong N 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 Y Connell
YCox Y Crawford Y Crews Y Culbreth
Cummings Y Davis, G
Davis, M Y Dickinson YDix Y Dixon, H
E Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Good win Y Greene Y Groover Y Hammond 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 Irvin Y James
Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson YLee Y Lewis YLord
Lucas Maddox YMann Y Martin Y McBee E McClinton McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J
Y Moore Mosley
Y Mueller E Oliver Y O'Neal
Orrock Y Padgett Y Parham
Y Parrish Patten
N Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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 Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts E 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 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

WEDNESDAY, FEBRUARY 23, 1994

1299

The Speaker Pro Tern assumed the Chair.

HB 1810.

By Representatives Hanner of the 159th, Cox of the 160th, Kinnamon of the 4th, Coleman of the 142nd, Buck of the 135th and others:
A bill to amend Chapter 12 of Title 45 of the Official Code of Georgia Anno tated, relating to the office of the Governor, so as to provide for decentraliza tion of state government; to provide for evaluations; to provide that the Office of Planning and Budget shall effectuate the purposes of decentraliza tion of state government.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HB 1810 by strik ing line 9 of page 2 and inserting in its place the following:
"Budget shall send all requests for new, expanded, relocated, or renovated rental real estate space to the".
By striking line 19 of page 6 and inserting in its place the following:
"of standard metropolitan statistical areas.'".

The following amendment was read and adopted:

Representative Cox of the 160th moves to amend HB 1810 as follows: Delete on page 9, line 10 "any individual or state" And delete lines 11, 12 & 13, page 10.

The following amendment was read and lost:

Representatives Holmes of the 53rd and Sinkfield of the 57th move to amend HB 1810 as follows:
Add on line 14, p. 5 a new Section 14 to read as follows: "This Act shall apply only to expansion of new agency facilities." And renumber Section 14 as Section 15.

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 N Bailey N Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates N Benefield Y Birdsong Y Bordeaux Y Bostick

Y Breedlove Y Brooks. D N Brooks, T
Brown Y Buck N Buckner Y Bunn
Y Burkhalter Y Byrd N Campbell N Canty Y Carlisle Y Carrell

Y Carter Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark
Y Coker Y Coleman, B Y Coleman, T Y Colwell
Connell Y Cox

Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y Dickinson
N Dix Y Dixon, H E Dixon, S Y Dobbs Y Ehrhart Y Epps

Evans N 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

1300

JOURNAL OF THE HOUSE,

YHart Y Heard N Hegstrom Y Hembree N Henson Y Holland N Holmes Y Howard
Y Hudson Y Hughes
N Hugley Y Irvin Y James Y Jamieson
Y Jenkins N Johnson, D.H Y Johnson, E N Johnson, G N Johnson, J Y Johnston Y Jones Y Joyce NKaye

Y Kinnamon Y Klein YLadd
Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson NLee Y Lewis YLord Y Lucas
Y Maddox YMann N Martin Y McBee E McClinton
McKinney Y Milam Y Mills N Mobley, B Y Mobley, J Y Moore

Y Mosley Y Mueller E Oliver N O'Neal N Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag N Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B N Randall N Randolph YRay Y Reaves

Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan N Sherrill Y Shipp Y Simpson N Sinkfield 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 N Stanley, L N Stanley, P Y Stephenson

Y Streat N Taylor N Teague NTeper
Thomas 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 N Williams, B
Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 131, nays 36.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1810 was ordered immediately transmitted to the Senate.
2-24-94
Mr Speaker, today I obtained the roll call vote on HB 1810 which showed that my vote was "yes". I voted "no" and saw a red light. It must have been inadvertently changed before the roll call was announced.
I would appreciate having the record show that my vote was "no".
Thank you, /s/ Barbara Bunn
Representative 74th District

HB 1728.

By Representatives Dixon of the 150th and Watson of the 139th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, the "High-voltage Safety Act," so as to repeal Code Section 46-3-36, relating to certain administration and enforcement activities by the Commissioner of Labor.

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
Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty

Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H

E Dixon, S YDobbs
Ehrhart YEpps
Evans Y Felton Y Floyd, J.M
Y Floyd, J.W YGodbee Y Golden
Good win Y Greene

WEDNESDAY, FEBRUARY 23, 1994

1301

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 Irvin
N 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 YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E 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, A Y Purcell, B
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 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
Taylor Y Teague Y Teper Y Thomas 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, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative James of the 140th stated that his machine was voted red in error. He would like to be recorded as voting "aye".

HB 1676.

By Representative Oliver of the 154th:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to change the filing require ments for affiliate transfers so as to require the affiliated trust company to file information regarding the transfer with the Department of Banking and Finance; to allow state credit unions to give their employees a preferential rate on loans as an employee benefit.

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
Brown YBuck Y Buckner
Bunn Y Burkhalter
YByrd Y Campbell Y Canty

Carlisle Y Carrell Y Carter
Y Cauthorn Y Chambless Y Chandler Y Channel! Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T Y Colwell
Connell YCox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H

E Dixon, S
Y Dobbs Y Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden
Good win Y Greene Y Groover
Y Hammond Hanner
Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard
Y Hudson Y Hughes
Hugley Y Irvin 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 YMann Y Martin
Y McBee E McClinton
McKinney Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett Y Parham Y Parrish
Patten

1302

JOURNAL OF THE HOUSE,

Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph

Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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 Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

Y Vaughan Y Walker Y Wall
Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1767. By Representatives Colwell of the 7th and Twiggs of the 8th:
A bill to amend Code Section 32-4-22 of the Official Code of Georgia Anno tated, relating to the Developmental Highway System, so as to add a certain road corridor to said 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 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 Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H
E Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Good win
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 Irvin
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 YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett Y Parham Y Parrish
Patten Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson
Y Streat Y Taylor
Y Teague N Teper Y Thomas Y Tillman
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 158, nays 1. The Bill, having received the requisite constitutional majority, was

By unanimous consent, HB 1767 was ordered immediately transmitted to the Senate.

WEDNESDAY, FEBRUARY 23, 1994

1303

HB 1653.

By Representatives Twiggs of the 8th, Colwell of the 7th, Dobbs of the 92nd, Sherrill of the 62nd, O'Neal of the 75th and others:
A bill to amend Code Section 40-9-32 of the Official Code of Georgia Anno tated, relating to determination of the amount of security required under the "Motor Vehicle Safety Responsibility Act," so as to provide that the Depart ment of Public Safety shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code sec tion which is received more than 12 months after the date of the accident.

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 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
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
E Dixon, S Y Dobbs
Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover
Y Hammond Manner 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 Irvin 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
Maddox YMann Y Martin Y McBee E McClinton
McKinney Milam Y Mills

Y Mobley, B Mobley. J
Moore Y Mosley Y Mueller E 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, A
Y Purcell, B 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 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 Y Teague Y Teper Y Thomas 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, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 715. By Representatives Skipper of the 137th and Greene of the 158th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that no county or municipality within .the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located.

The following Committee substitute was read and adopted:

1304

JOURNAL OF THE HOUSE,

A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to provide that no county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by fed eral law, without the written consent of the governing authority of such adjoining county wherein the real property is located; to provide exceptions; to provide that no development authority of a county or municipality within the county or joint development authority within the county shall purchase or accept title to any real property located in an adjoin ing county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local gov ernment, is amended by adding at the end of Chapter 60, relating to general provisions applicable to counties and municipal corporations, a new Code Section 36-60-16 to read as follows:
"36-60-16. No county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; provided, however, that the provisions of this Code section shall not apply to the exercise of eminent domain by a county or municipality as autho rized under the Constitution or other provisions of law; provided, however, that the pro visions of this Code section shall not apply to any agreement entered into by two or more counties, municipal corporations, consolidated governments, or development authorities or any combination thereof prior to July 1, 1993, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section."
Section 2. Said title is further amended by adding in Chapter 62, known as the "Development Authorities Law," between Code Sections 36-62-6 and 36-62-7, a new Code Section 36-62-6.1 to read as follows:
"36-62-6.1. No development authority of a county or municipality within the county or joint development authority within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for cer tain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; provided however, that the provisions of this Code Section shall not apply to any agreement entered into by two or more counties, municipal corporations, consolidated governments, or development authorities or any combination thereof prior to July 1, 1993, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section."
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
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D

Y Brooks, T
Brown Y Buck Y Buckner
Bunn

Y Burkhalter
Y Byrd Y Campbell Y Canty
Carlisle

WEDNESDAY, FEBRUARY 23, 1994

1305

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
N Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix Y Dixon, H E Dixon, S Y Dobbs Y Ehrhart Y Epps
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 Hart
Y Heard
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Howard Y Hudson Y Hughes
Hugley Y Irvin 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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J
Y Moore
Y Mosley Y Mueller E 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, A Y Purcell, B Y Randall Y Randolph
Ray Reaves
Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan
Y Sherrill
Y Shipp
Y Simpson Y Sinkfield 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 Y Teague
Y Teper Y Thomas 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, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1658.

By Representatives Childers of the 13th, Simpson of the 101st and Cummings of the 27th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to change the provisions relating to standards for individual sewage management systems; to provide conditions under which such on-site individual sewage manage ment systems are subject to reexamination by such department.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
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
E Dixon, S Y Dobbs Y Ehrhart
YEpps Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Good win Y Greene

Y Groover
Y Hammond
Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 NLord
Y Lucas

1306

JOURNAL OF THE HOUSE,

Y Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E 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, A Y Purcell, B Y Randall Y Randolph

YRay
Reaves Y Reichert Y Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Sinkfield
Y Skipper Y Smith, C Y Smith, L Y Smith, P
Y Smith, T

Y Smith, V Y Smith, W Y Smyre YSnow Y Stand), F Y Stand), S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
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
Yeargin Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1478 was postponed until Monday, February 28, 1994.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1334 Do Pass HR 943 Do Pass, by Substitute SB 511 Do Pass, by Substitute

SB 563 Do Pass, as Amended SB 565 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Watson of the 139th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1503 Do Pass, by Substitute HB 1596 Do Pass, by Substitute HB 1690 Do Pass, by Substitute

HB 1820 Do Pass, by Substitute HB 1878 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

WEDNESDAY, FEBRUARY 23, 1994

1307

Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1872 Do Pass
Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Smith of the 169th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 553 Do Pass
Respectfully submitted, /s/ Smith of the 169th
Chairman

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 323 Do Pass HB 671 Do Pass, by Substitute HB 1104 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

1308

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 24, 1994

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 Raleigh Ruclor, Mt. Patmos Baptist Church, Decatur, 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 1928. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Vaughan of the 34th, Towery of the 30th, Ehrhart of the 36th and others: A bill to amend an Act reincorporating the City of Marietta, so as to deannex a certain area of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1930. By Representatives Childers of the 13th, Carrell of the 87th, Skipper of the 137th and Lucas of the 124th: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to delete certain references and provisions relating to per sonal care homes and provide instead for the regulation of adult residential homes and assisted living facilities and services rendered therein.
Referred to the Committee on Health & Ecology.

THURSDAY, FEBRUARY 24, 1994

1309

HB 1931. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to amend an Act creating the Walnutgrove-Youth Water Authority, now known as the Walton County Water and Sewerage Authority, so as to authorize the governing authority of the water and sewerage authority to pro vide by resolution for compensation of the chairman of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1932. By Representatives Smith of the 169th, Streat of the 167th, Mosley of the 171st, Byrd of the 170th and Stanley of the 49th:
A bill to amend Article 21 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to silent prayer or meditation period, so as to provide for a definition; to provide for a voluntary, student-led period of prayer at extra curricular events.
Referred to the Committee on Judiciary.

HB 1933. By Representatives Wall of the 82nd, Dickinson of the 83rd, Crews of the 78th, Dix of the 76th, Bannister of the 77th and others:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1934. By Representatives Stanley of the 50th, Stanley of the 49th, Davis of the 48th and Teague of the 58th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide for the registration of per sons who are convicted of certain sexual offenses; to provide a short title; to provide for legislative findings and declarations; to define certain terms; to create the sexual offender registry.
Referred to the Committee on Judiciary.

HB 1935. By Representative White of the 161st:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Anno tated, relating to the registration, operation, and sale of watercraft, so as to provide that the regulation of the operation of vessels upon the waters of the state shall be provided by law; to provide that persons shall have the right to operate vessels upon any waters of this state which will support such oper ation.
Referred to the Committee on Game, Fish & Parks.

HB 1936. By Representative Groover of the 125th:
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 provide that certain nonprofit corporation statutes shall apply to the Georgia Sports Hall of Fame Board.
Referred to the Committee on Judiciary.

1310

JOURNAL OF THE HOUSE,

HR 1013. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Randall of the 127th, Stanley of the 50th, Davis of the 48th and others:
A resolution creating the House Environmental Justice Study Committee.
Referred to the Committee on Rules.

HR 1018. By Representatives Stanley of the 49th, Bates of the 179th and Stanley of the 50th:
A resolution urging the Senate to join with the House of Representatives in developing an annual forum on legislative issues and policy.
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 1907 HB 1908 HB 1909 HB 1910 HB 1911 HB 1912 HB 1913 HB 1914 HB 1915 HB 1916 HB 1917 HB 1918 HB 1919 HB 1923 HB 1924 HB 1925 HB 1926 HB 1927 HB 1929

HR 1003 HR 1009 HR 1011 HR 1012 SB 127 SB 402 SB 561 SB 576 SB 580 SB 581 SB 594 SB 618 SB 627 SB 653 SR 485 SR 500 SR 502 SR 516 SR 519

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1825 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Patten of the 176th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:

THURSDAY, FEBRUARY 24, 1994

1311

Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1717 Do Pass HB 1814 Do Pass
Respectfully submitted, /s/ Patten of the 176th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1886 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1146 Do Pass HB 1846 Do Pass HB 1851 Do Pass HB 1867 Do Pass, as Amended HB 1881 Do Pass HB 1882 Do Pass HB 1884 Do Pass HB 1887 Do Pass HB 1889 Do Pass

HB 1890 Do Pass HB 1894 Do Pass HB 1895 Do Pass HB 1900 Do Pass HB 1901 Do Pass HB 1902 Do Pass HB 1903 Do Pass HB 1904 Do Pass HB 1920 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 24, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enu merated below:

1312

JOURNAL OF THE HOUSE,

HB 250 HB 649 HB 1313 HB 1327 HB 1358 HB 1390 HB 1400 HB 1403 HB 1426 HB 1436 HB 1450 HB 1462 HB 1483

Law enforcement officers; indemnification; line of duty Personal care home; licensing; long-term care ombudsman Open records law; applicability to local government records Juvenile courts; associate judges; qualifications Theft by conversion; certain rented or leased property Used cars; dealers and salvage dealers; combine state boards Liens on aircraft; labor, materials, contracts of indemnity Escape; convicted person; minimum mandatory sentence Emergency medical services; invalid car; applicability County boards of equalization; assessments; appeals Candidates for nonresuscitation; amend provisions Professional Stds & Prof Practices Comm; withdrawal of applicant Superior courts; sessions; alternative locations

HR 824 Jerry D. Jackson Bridge; designate HR 921 Aged and Disabled Transportation Task Force; create HR 925 Private George W. Lee, Jr., Memorial Bridge; designate HR 962 State Museum and State Library Study Commission; create

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1805. By Representative Poag of the 6th: A bill to change the manner of filling vacancies for unexpired and full terms of office upon the board of the Hospital Authority of Murray County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1846.

By Representative Channell of the lllth:
A bill to amend an Act creating a board of commissioners for Taliaferro County, so as to provide for a chairperson and five members of the board; to reapportion Taliaferro County into five districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1851.

By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to amend an Act creating a board of commissioners for Lowndes County, so as to change the composition of the board of commissioners; to provide for elections and terms; to provide for a chairperson; to provide for districts.

THURSDAY, FEBRUARY 24, 1994

1313

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1867. By Representatives Connell of the 115th, Hart of the 116th, Howard of the 118th and Padgett of the 119th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to provide for a change in the date the budget must be pre sented to the board of education for study and consideration to allow receipt of state appropriations; to change the current requirements that each expenditure be budgeted by each object and activity.

The following amendment was read and adopted:

The Committee on State Planning & Community Affairs - Local moves to amend HB 1867 by striking lines 16 through 19 of page 1 and inserting in lieu thereof the following:
"1872, p. 456), as amended, is amended by striking subsections (a) through (e) of Sec tion 7 of said Act and substituting in lieu thereof new subsections (a) through (e) of Sec tion 7 to read as follows:
'(a) Fiscal".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

HB 1881.

By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to create and provide for the Board of Elections of Houston County as successor to the board of elections in existence prior to the effective date of this Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1882.

By Representative Greene of the 158th:
A bill to reconstitute the Board of Education of Quitman County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1884. By Representatives Cummings of the 27th and Murphy of the 18th: A bill to provide a new charter for the City of Cedartown.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1887.

By Representatives Cummings of the 27th and Murphy of the 18th:
A bill to amend an Act creating the Polk County Water Authority, so as to change certain provisions relating to the reappointment and taking of office of members of the Authority.

1314

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1889.

By Representative Carrell of the 87th:
A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the appointment and duties of the city administrator.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1890.

By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act providing for the election of the Sumter County Board of Education, so as to reconstitute said board of education; to provide education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1894.

By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st:
A bill to create the Joint Liberty County, City of Gum Branch, City of Mid way, City of Riceboro, and City of Walthourville Fire Protection Facilities and Equipment Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1895.

By Representatives Floyd of the 172nd, Oliver of the 154th, Tillman of the 173rd and Mosley of the 171st:
A bill to amend an Act establishing the State Court of Liberty County, so as to change the compensation of the judge and solicitor of the said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1900.

By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the Board of Commissioners of Decatur County, so as to change the provisions relating to the vote necessary for the commission to act on any matter.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1901.

By Representative Birdsong of the 123rd:
A bill to amend an Act providing for the election of the members of the Board of Education of Twiggs County, so as to change the provisions relating to the compensation of the members of the board of education.

THURSDAY, FEBRUARY 24, 1994

1315

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1902.

By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the provisions relating to the compensation and expenses of the members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1920.

By Representatives Buck of the 135th, Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd, Smyre of the 136th and others:
A bill to amend an Act creating the Muscogee County School District, so as to change the provisions relating to the date on which the Muscogee County Board of Education shall annually certify to the governing authority of the consolidated government of Columbus the rate of tax levy.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1903.

By Representatives Williams of the 63rd, Mobley of the 69th, Polak of the 67th, Hegstrom of the 66th, Randolph of the 72nd and others:
A bill to amend an Act providing a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes on the full value of the homestead after a five-year phase in period for certain residents of that school district who are 70 years of age or over and who have annual incomes not exceeding $50,000.00, so as to provide that such exemp tions shall be in addition to and not in lieu of certain other exemptions.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1904.

By Representatives Henson of the 65th, Polak of the 67th, Baker of the 70th, Mobley of the 69th, Sherrill of the 62nd and others:
A bill to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to provide for certain limitations on the millage rate levied in certain municipalities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey

Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes
Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

1316

JOURNAL OF THE HOUSE,

Y Brooks, T Brown Buck Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Carlisle Y Carrell Y Carter
Cauthorn
Chambless Chandler 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
Dix Dixon, H

Y Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee
Golden Goodwin 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 Irvin
James Jamieson Y Jenkins Johnson, D.H

Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly Y Lane, D
Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Lucas Maddox
Y Mann Martin
Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
E Oliver

Y O'Neal
Y Orrock Y Padgett
Parham Parrish
Y Patten Y Pelote
Perry Y Pinholster YPoag Y Polak
Porter
Y Poston Powell
Y Purcell, A
Y Purcell, B Randall
Y Randolph
YRay Y Reaves Y Reichert Y Roberts
Y Royal Scoggins
Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield Skipper Y Smith, C Y Smith, L Y Smith, P

Smith, T Y Smith, V Y Smith, W
Smyre Y Snow
Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor Y Teague
Y Teper Thomas
Y Tillman Titus
Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan
Walker
Y Wall Watson
Y Watts Y Westmorland
White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the passage of the Bills, the ayes were 122, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 638. By Senator Newbill of the 56th:
A bill to amend an Act providing for the number and election of members of the Board of Education of Fulton County, as amended, so as to change the provisions relating to vacancies on that board.

SB 675. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submis sion of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.

SB 677. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to create the Ellijay-Gilmer County Water and Sewerage Authority" so as to provide for the compensation of the members of such authority.

THURSDAY, FEBRUARY 24, 1994

1317

SB 678. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Appling County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

SB 679. By Senator Newbill of the 56th:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, as amended, so as to change provisions relating to the municipal court of the City of Alpharetta.

SB 682. By Senators Day of the 48th and Hemmer of the 49th:
A bill to increase from $2,000.00 to $5,000.00 over a three-year period the homestead exemption from certain ad valorem taxes levied by Forsyth County for county purposes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to pro vide for a referendum, effective date, and automatic repeal.

SB 683. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Bacon County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

SB 684. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

HB 1427.

By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to increase the homestead exemption from city ad valorem taxes, except taxes levied to retire bonded indebtedness, for residents of the City of Lawrenceville who own and occupy their residences.

HB 1648.

By Representative Parham of the 122nd:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead for residents of that county.

1318

JOURNAL OF THE HOUSE,

HB 1741.

By Representatives Brooks of the 103rd, Westmoreland of the 104th, Epps of the 131st and Yates of the 106th:
A bill to amend an Act establishing the City Court of Newnan, as amended, particularly by an Act changing its name to the State Court of Coweta County, so as to provide that the judge and solicitor of such court shall devote full time to their official duties.

HB 1751.

By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to provide a homestead exemption from certain Newton County ad valorem taxes for county purposes in the amount of $2,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county.

HB 1765.

By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act providing for election districts for the board of edu cation of Douglas County, so as to provide for election of members; to pro vide for compensation of members.

HB 1801. By Representative Hughes of the 19th:
A bill to amend an Act to provide for an elected Board of Education of Dawson County, so as to provide new education districts.

HB 1808. By Representatives Bates of the 179th and Titus of the 180th:
A bill to amend an Act creating a new board of education of Grady County, so as to provide for new districts for members of the board of education.

HB 1809.

By Representatives Bates of the 179th and Titus of the 180th:
A bill to amend an Act creating a board of commissioners of the County of Grady, so as to provide for new districts for members of the board of com missioners.

HB 1815.

By Representatives Smith of the 109th, Carlisle of the 107th and Maddox of the 108th:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the compensation of the members of the author ity.

SB 427. By Senators Isakson of the 21st, Edge of the 28th, Clay of the 37th, Ralston of the 51st, Egan of the 40th and others:
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 require a budget unit planning to institute any new program, the projected cost of which exceeds $1 million, to submit to the Budgetary Responsibility Oversight Committee an evaluation of the feasibil ity of involving private persons.
SB 534. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to change provisions relating to issuance and recording of ad valorem tax executions; to amend Code Section 15-6-61 of the Official Code of Geor gia Annotated, relating to duties of clerks of superior courts, so as to specify that ad valorem tax executions issued by the county tax collector or tax com missioner must be recorded on the general execution docket without the charging of any fee.

THURSDAY, FEBRUARY 24, 1994

1319

SB 567. By Senators Starr of the 44th and Robinson of the 16th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to prohibit deceptive or fraudulent telemarketing activities in connection with certain commercial activities; to provide for legislative intent; to define certain terms; to provide for applica bility with respect to other laws; to provide for situs of offers and sales.

SB 593. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to require lists of certain requests for appropriations from those proceeds.

SB 595. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to provide for additional information in the budget report regarding lottery proceeds and appropriations therefrom.

SB 619. By Senators Starr of the 44th, Hooks of the 14th, Robinson of the 16th and Ray of the 19th:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to review of applications for federal assistance and state contracts, so as to provide for certain coordination, refer ral, review, and tracking functions by the Office of Planning and Budget regarding federal grant applications by state agencies; to authorize such rules and regulations as may be necessary to ensure compliance by state agencies.

HB 572. By Representatives Martin of the 47th, Cauthorn of the 35th and Hammond of the 32nd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to the regulation of specialized land transactions, so as to pro vide for the suspension of services provided to a unit owner under certain circumstances.

HB 632. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of Georgia Music Hall of Fame Authority shall become members of such retirement system.

HB 1363. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd, Culbreth of the 132nd and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding special withholding requirements.

1320

JOURNAL OF THE HOUSE,

HB 1388. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Jamieson of the 22nd and Culbreth of the 132nd:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to provide an unem ployment tax amnesty program.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:

SR 413. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that not less than 50.8 percent of the annual state budget shall be appropri ated to the State Board of Education, the Department of Education, and the Board of Regents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection.

HR 818. By Representatives Shipp of the 38th, Clark of the 40th, Vaughan of the 34th, Klein of the 39th, Atkins of the 29th and others:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1254. By Representatives Thomas of the 100th, Chambless of the 163rd and Cauthorn of the 35th:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense pro grams, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valua tions established on appeal can be changed for subsequent taxable years.

HB 1668. By Representatives Lakly of the 105th and Westmoreland of the 104th: A bill to create a court to be known as the State Court of Fayette County.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

THURSDAY, FEBRUARY 24, 1994

1321

SB 427. By Senators Isakson of the 21st, Edge of the 28th, Clay of the 37th and oth ers:
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 require a budget unit planning to institute any new program, the projected cost of which exceeds $1 million, to submit to the Budgetary Responsibility Oversight Committee an evaluation of the feasibil ity of involving private persons.
Referred to the Committee on Appropriations.
SB 534. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to change provisions relating to issuance and recording of ad valorem tax executions; to amend Code Section 15-6-61 of the Official Code of Geor gia Annotated, relating to duties of clerks of superior courts, so as to specify that ad valorem tax executions issued by the county tax collector or tax com missioner must be recorded on the general execution docket without the charging of any fee.
Referred to the Committee on Judiciary.
SB 567. By Senators Starr of the 44th and Robinson of the 16th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to prohibit deceptive or fraudulent telemarketing activities in connection with certain commercial activities; to provide for legislative intent; to define certain terms; to provide for applica bility with respect to other laws; to provide for situs of offers and sales.
Referred to the Committee on Industry.
SB 593. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and others:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to require lists of certain requests for appropriations from those proceeds.
Referred to the Committee on Appropriations.

SB 595. By Senators Hooks of the 14th, Robinson of the 16th, Walker of the 22nd and others:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to the disposition of lottery proceeds, so as to provide for additional information in the budget report regarding lottery proceeds and appropriations therefrom.
Referred to the Committee on Appropriations.

SB 619. By Senators Starr of the 44th, Hooks of the 14th, Robinson of the 16th and others:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to review of applications for federal assistance and state contracts, so as to provide for certain coordination, refer ral, review, and tracking functions by the Office of Planning and Budget regarding federal grant applications by state agencies; to authorize such rules and regulations as may be necessary to ensure compliance by state agencies.
Referred to the Committee on Appropriations.

1322

JOURNAL OF THE HOUSE,

SB 638. By Senator Newbill of the 56th:
A bill to amend an Act providing for the number and election of members of the Board of Education of Fulton County, as amended, so as to change the provisions relating to vacancies on that board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 675. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submis sion of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 677. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to create the Ellijay-Gilmer County Water and Sewerage Authority" so as to provide for the compensation of the members of such authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 678. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Appling County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 679. By Senator Newbill of the 56th:
A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta, Georgia, in the County of Fulton and creating a new charter for said city, as amended, so as to change provisions relating to the municipal court of the City of Alpharetta.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 682. By Senators Day of the 48th and Hemmer of the 49th:
A bill to increase from $2,000.00 to $5,000.00 over a three-year period the homestead exemption from certain ad valorem taxes levied by Forsyth County for county purposes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to pro vide for a referendum, effective date, and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, FEBRUARY 24, 1994

1323

SB 683. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Bacon County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 684. By Senator Boshears of the 6th:
A bill to provide a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 413. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that not less than 50.8 percent of the annual state budget shall be appropri ated to the State Board of Education, the Department of Education, and the Board of Regents of the University System of Georgia; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Rules.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1020.

By Representatives Murphy of the 18th, Purcell of the 9th and Colwell of the 7th:
A resolution commending Col. Haines Hill and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1483.

By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for superior court proceedings in places other than the courthouse.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts in general, so as to provide that in counties having a pop ulation of not more than 50,000 superior court proceedings may be held in places other

1324

JOURNAL OF THE HOUSE,

than the courthouse; to provide an exception; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts in general, is amended by striking Code Section 15-6-18, relating to alternative locations for holding superior court, in its entirety and inserting the following:
"15-6-18. (a) If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authorities of the county in and for which the court is to be held may from time to time provide for such purpose, provided that except as provided in subsection (b) of this Code section no session or sitting of any superior court may be held under this subsection at any place other than the county site of the county of such court.
(b) The provisions of this subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following condi tions and limitations:
(1) The senior judge or chief judge of superior court (such terms meaning the active judge who is senior in time of service) must enter a written order for such ses sion of superior court to be so held outside the county site, and such order must incor porate a written finding that it is impracticable for the session of court to be held at the county site;
(2) A judge of the state court must enter a written order consenting for such ses sion of superior court to be held in the courtroom of the state court;
(3) The holding of superior court sessions shall not affect the place of filing of doc uments to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and
(4) Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court. (c) Notwithstanding the provisions of subsection (a) and (b) of this Code section, in each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the proper authorities of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the proper authorities of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that js not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alter nate or additional facility without the consent of the accused. {e) (d) All acts of a superior court or state court done at a place provided therefor by the county authorities, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17."
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.

THURSDAY, FEBRUARY 24, 1994

1325

On the passage of the Bill, by substitute, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1313.

By Representatives Harris of the 112th, Murphy of the 18th, Birdsong of the 123rd, Bargeron of the 120th and Lakly of the 105th:
A bill to amend Code Section 50-18-70 of the Official Code of Georgia Anno tated, relating to public access to and inspection of public records, so as to redefine certain terms; to provide for the applicability of the open records law to records of certain governmental associations.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to public access to and inspection of public records, so as to redefine certain terms; to pro vide for the applicability of the open records law to records of certain governmental associ ations; to provide for the applicability of the law to public records; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to public access to and inspection of public records, is amended by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:
"(a) As used in this article, the term 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated informa tion, or similar material prepared and maintained or received in the course of the opera tion of a public office or agency. 'Public records' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure. Provided, further, this Code sec tion shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. 'Agency' as As used in this articlej the term 'agency' or 'public agency' or 'public office' shall be as defined i have the same meaning and application as provided for in the def inition of the term 'agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization which: (1) has a membership or ownership body composed primarily of counties, munici pal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general operating budget from pay ments from such political subdivisions.
(b) All state, county, and municipal records public records of an agency as defined in subsection (a), except those which by order of a court of this state or by law are pro hibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citi zen."
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.

1326

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
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
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

Colwell Connell YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Dicktnson YDix Y Dixon, H
Dixon, S
Y Dobbs 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 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 Irvin 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
Ladd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Maddox
YMann Martin
Y McBee E McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal Y Orrock
Y Padgett Parham
Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Powell Y Purcell, A Y Purcell, B Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanghai] Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Y Smith, V Y Smith, W
Smyre Snow Y Stancil, F
Y Stancil, S Stanley, L Stanley, P
Y Stephenson
Y Streat Y Taylor Y Teague Y Teper
Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y 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, by substitute, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 649. By Representatives Sherrill of the 62nd and Davis of the 48th:
A bill to amend Code Section 31-7-3 of the Official Code of Georgia Anno tated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for consultation with the office of the state long-term care ombudsman prior to licensing a personal care home.

The following amendment was read and adopted:

The Committee on Human Relations and Aging moves to amend HB 649 by striking "consultation with" and inserting "notice to" on line 4 of page 1.
By adding after "regulations;" on line 9 of page 1 the following:
"to provide for statutory construction;".
By striking lines 20 through 24 of page 1 and inserting in their places the following:
"made, the department shall inform the office of the state long-term care ombudsman of the name and address of the applicant prior to issuing authority to operate or receive residents and shall provide to the ombudsman program an opportunity to provide to the department information relevant to the".

THURSDAY, FEBRUARY 24, 1994

1327

By striking "shall" and inserting "may" on line 1 of page 2.
By striking the quotation marks at the end of line 14 of page 2.
By adding between lines 14 and 15 of page 2 the following:
"(4) Nothing in this subsection shall be construed to provide any authority to the long-term care ombudsman program to license or refuse to license the operation of a personal care home.'"
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown
YBuck Buckner
Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter
Cauthorn
Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman, B
Y Coleman, T

Colwell
Connell YCox
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 Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Goodwin Y Greene Y Groover
Y Hammond Y Manner Y Harris, B Y Harris, M Y Hart Y Heard
Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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 YLee Y Lewis
Lord
Y Lucas Maddox
YMann Martin
Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
E Oliver Y O'Neal
Y Orrock Y Padgett
Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster
N Poag Y Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins N Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

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
Stanley, L Stanley, P
Y Stephenson Y Street Y Taylor
Y Teague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
Y Westmorland White
Y Williams, B Y Williams, R Y Yates
Y Yeargin Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 145, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 649 was ordered immediately transmitted to the Senate.

Representative Walker of the 141st assumed the Chair.

HB 1436.

By Representatives Vaughan of the 34th, Hammond of the 32nd, Mobley of the 86th, Barnes of the 33rd, Ehrhart of the 36th 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 their duties regarding review of assessments and appeal procedures, so as to pro vide for filing by mail; to provide for appeals of assessments.

1328

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization 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 meetings and deliberations; to provide for consol idation of appeals; to provide for open deliberations; to repeal certain provisions dealing with appeals of the decisions of the county boards of equalization; to provide for service of notice of appeal by the board of equalization; to provide for continuances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and their duties regarding review of assessments and appeal procedures, is amended by striking subsections (e) and (f) of said Code section in their entirety and inserting in lieu thereof the following:
"(e) (1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions, in the manner provided in paragraph (2) of this subsection.
(2) (A) An appeal shall be effected by mailing to or filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal cor porations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax asses sors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. A written objection to an assessment of personal property received by a county board of tax assessors 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 par agraph (1) of this subsection. The county board of tax assessors shall review the val uation 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 assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissat isfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of

THURSDAY, FEBRUARY 24, 1994

1329

equalization by sending mailing to or filing with the county board of tax assessors a written notice of appeal te the county board of tax assessors. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. Such notice of appeal need not be in any particular form and need not state grounds for appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (3) Reserved. The county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period, the appeal shall be automatically referred to the county board of equaliza tion. (4) The determination by the county board of tax assessors of questions of fact shall be prima-facie correct in any appeal to the county board of equalization. (5) (A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(B) The commissioner, by regulation, may adopt uniform procedures and stan dards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals.
(6) (A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her autho rized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board.
(B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notifi cation to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. All meetings and deliberations of the county board of equalization shall be governed by the provisions of Chapter 14 of Title 50; provided, however, that upon written request of the taxpayer, the meetings and deliberations shall be closed to the public.
(C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property.
{} (D) (i) The decision of the county board of equalization shall be in writ ing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. All such meetings and deliberations shall be governed by the provisions of Chapter 14 of Title 50; provided, however, that upon written request of the taxpayer, the meetings and deliberations shall be closed to the public. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code sec tion, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question

1330

JOURNAL OF THE HOUSE,

and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equali
zation. (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 deduc tion in his or her 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 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.
(7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer.
(8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county con ducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request.
(f) (1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization to the superior court of the county in which the property lies. A county board of tax asses sors may not appeal a decision of the county board of equalization changing an assess ment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing a written notice ef appeal with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall need not specifically state the grounds for appeal. The notice in either ease shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(C) (e)(6)(D) of this Code section. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff infor mation from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become

THURSDAY, FEBRUARY 24, 1994

1331

a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and all other papers and information certified to the clerk, together with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made.
(3) The appeal shall constitute a de novo action. (4) (A) The appeal shall be heard before a jury at the first term following the fil ing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court.
(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 deter mination of value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his or her 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 Sec tion 48-2-35 which shall accrue from the date the tax was due or was paid, which ever 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 2. This Act shall become effective on July 1, 1994, and shall apply to all civil actions filed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Ehrhart of the 36th, Vaughan of the 34th, Ashe of the 46th, Burkhalter of the 41st and Barnes of the 33rd move to amend the Committee substitute to HB 1436 by striking lines 19 through 22 of page 4 and inserting in their place the fol lowing:
\4/--i. ftc dctcrmination by tfic county oo&ru &t tftx flsscsSOPS QT Questions ot isct shall be prima-facic correct k any appeal te the county beard ef- equalization.
In all appeals to the board of equalization or to the SUE in this Code section, the county board of tax assessors shall bear the burden of proof."

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 Y Barnes

N Bates N Benefield
Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T

Y Brown NBuck
Buckner YBunn Y Burkhalter NByrd Y Campbell
Canty

Y Carlisle N Carrell N Carter Y Cauthorn N Chambless Y Chandler N Channell N Childers

Y Clark Y Coker Y Coleman, B
Coleman, T Colwell Connell NCox Crawford

1332

JOURNAL OF THE HOUSE,

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Dickinson YDix
Dixon, H N Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Felton
Floyd, J.M N Floyd, J.W
N Godbee N Golden
Goodwin N Greene
Groover Y Hammond
N Manner
N Harris, B
Y Harris, M NHart N Heard Y Hegstrom

Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hughes N Hugley
Y Irvin
N James Jamieson
Y 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 Lane, R
Y Lawrence Y Lawson

NLee Lewis Lord
N Lucas Maddox
YMann
Martin
Y McBee E McClinton
McKinney N Milam Y Mills N Mobley, B N Mobley, J
Y Moore Y Mosley Y Mueller E Oliver
O'Neal
Y Orrock
Y Padgett Parham Parrish
N Patten N Pelote N Perry Y Pinholster N Poag

N Polak
Y Porter Y Poston N Powell
N Purcell, A Y Purcell, B
Randall N Randolph
Ray N Reaves
Reichert
Y Roberts N Royal N Scoggins N Shanahan N Sherrill Y Shipp Y Simpson
Y Sinkfield N Skipper Y Smith, C
Smith, L N Smith, P Y Smith, T
Smith, V
Smith, W Smyre N Snow

On the adoption of the amendment, the ayes were 65, nays 73. The amendment was lost.

N Stancil, F
Y Stancil, S Stanley, L Stanley, P
N Stephenson N Streat N Taylor N Teague Y Teper
Thomas N Tillman
Y Titus
Y Towery
Trense N Turnquest
Twiggs Y Vaughan
Walker YWall N Watson
N Watts Y Westmoreland
White Williams, B
Williams, R N Yates N Yeargin
Murphy, Spkr

The Committee substitute, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck
Buckner Y Bunn
Y Burkhalter
YByrd Y Campbell Y Canty
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
Crawford Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M
Y Dickinson YDix
Dixon, H
Y Dixon, S Dobbs
Y Ehrhart YEpps Y Evans Y Felton
Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene
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 Irvin 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
N Kinnamon
Y Klein
YLadd Y Lakly Y Lane, D
Lane, R Y Lawrence Y Lawson

YLee Y Lewis YLord Y Lucas
Maddox YMann
Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
O'Neal
Y Orrock
Y Padgett Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pinholster NPoag Y Polak Y Porter Y Poston Y Powell

Y Purcell, A Purcell, B 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 Skipper Y Smith, C
Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W
Smyre YSnow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague

THURSDAY, FEBRUARY 24, 1994

1333

Y Teper Y Thomas Y Tillman
Y Titus

Y Towery Y Trense Y Turnquest
Twiggs

Y Vaughan Walker
Y Wall
Y Watson

Y Watts Y Westmoreland
White
Williams, B

Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 149, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Holmes of the 53rd moved that the following Bill of the House be recommitted to the Committee on Governmental Affairs.

HB 1857.

By Representatives Henson of the 65th, Baker of the 70th, Barnes of the 33rd, Cauthorn of the 35th and Holmes of the 53rd:
A bill to amend Code Section 21-2-153 of the Official Code of Georgia Anno tated, relating to qualification of candidates for party nomination in a pri mary, so as to change the time for posting a list of candidates who have qualified.

The motion prevailed.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1358.

By Representatives Dobbs of the 92nd, Colwell of the 7th, Watts of the 26th, Dixon of the 150th and Groover of the 125th:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to offenses involving theft, so as to provide for a presumption of intention to convert rented or leased personal property.

The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to provide for a presumption of intention to convert certain rented or leased personal property; to define a certain term; to provide that in prosecutions for violations of Code Section 16-8-4 involving a written rental agree ment for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, is amended by adding at the end of Code Sec tion 16-8-4, relating to theft by conversion, a new subsection to read as follows:
"(c) (1) As used in this subsection, the term 'personal property' means personal property having a fair market value greater than $100.00 and includes heavy equip ment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture.
(2) Any person having any personal property in such person's possession or under such person's control by virtue of a lease or rental agreement who fails to return the

1334

JOURNAL OF THE HOUSE,

personal property within five days, Saturdays, Sundays, and holidays excluded, after a letter demanding return of the personal property has been mailed to such person by certified or registered mail, return receipt requested, at such person's last known address by the owner of the personal property or by the owner's agent shall be pre sumed to have knowingly converted such personal property to such person's own use in violation of such lease or agreement."
Section 2. Said article is further amended by striking in its entirety Code Section 16-8-11, relating to venue for purposes of Code Sections 16-8-2 through 16-8-9 and 16-8-13 through 16-8-15, and inserting in lieu thereof a new Code Section 16-8-11 to read as fol lows:
"16-8-11. In a prosecution under Code Sections 16-8-2 through 16-8-9; and 16-8-13 through 16-8-15, the crime shall be considered as having been committed in any county in which the accused exercised control over the property which was the subject of the theft. In addition, in any prosecution under Code Section 16-8-4 in which there is a writ ten rental agreement for personal property, the crime shall also be considered to have been committed in the county in which the accused signed the rental agreement."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 1358 as follows:
Page 1, line 19 by striking "fair market" and inserting "replacement cost".

The following amendment was read and adopted:
Representatives Johnson of the 84th and Powell of the 23rd move to amend the Committee substitute to HB 1358 as follows:
Page 1 - line 19 after $100.00 add ", including any late fees and penalties,".
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
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
Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans
Y Feiton Y Floyd, J.M Y Floyd, J.W
YGodbee Y Golden
Goodwin
Y Greene

Groover Y Hammond
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 Irvin 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 YLawson
YLee Y Lewis YLord Y Lucas

THURSDAY, FEBRUARY 24, 1994

1335

Maddox Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
O'Neal Y Orrock

Y Padgett Parham
Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
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 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
Y Teague Y Teper
Y Thomas 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1390.

By Representatives Skipper of the 137th, Dixon of the 150th, Chandler of the 99th, Powell of the 23rd, Watson of the 139th and others:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Registra tion of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to combine the State Board of Registration of Used Car Dealers and the State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Sal vage Dealers; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety paragraph (1) of Code Section 43-47-2, relating to definitions relative to the "Used Car Dealers' Registration Act," and inserting in lieu thereof the following:
"(1) 'Board' means the State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers."
Section 2. Said title is further amended by striking in their entireties subsections (a) and (b) of Code Section 43-47-3, relating to the creation of the State Board of Registration of Used Car Dealers, and inserting in lieu thereof the following:
"(a) There is created a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers. The board shall be comprised of 12 15 members:
(1) One member shall be a franchised motor vehicle dealer having used car opera tions;
(2) Pew Three members shall be independent used car dealers; (3) Four Two members shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars; (4) The director of the Motor Vehicle Division of the Department of Revenue, or his a designated agent, shall be a permanent ex officio member and shall be autho rized to vote on all matters before the board;

1336

JOURNAL OF THE HOUSE,

(5) The director of the Governor's Office of Consumer Affairs, or Iris a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; and
(6) One member shall be a representative of the automobile auction industryr j (7) The Director of the Georgia Bureau of Investigation or a designee; (8) One member shall be a representative of the auto salvage pool auction industrjr; (9) One member shall be a used motor vehicle parts dealer, as defined in Code Section 43-48-2; (10) One member shall be a dismantler, as defined in Code Section 43-48-2; (11) One member shall be a rebuilder, as defined in Code Section 43-48-2; and (12) One member shall be a salvage dealer, as defined in Code Section 43-48-2.
(\\i^jj\ TjV.l>ieo "f/c\atjryiitina trrttf +tihttas ufuur-rr.^u-n-*t miiiJtMrYii-iIuVvcnrit'Qs tojfi +tuVt>?o W ounnn.yrful gsiliinttTiIi e<xvypruirrei nVvH\ -iT/uvvinieo OovA, 1LO^JOJHIJ.
The members of the board referred to in paragraphs (1), (2), (3), and (6) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1990. The initial terms of the ten those eight appointed members shall expire as fol lows: two on June 30, 1992; two on June 30, 1993; two on June 30, 1994; two on June 30, 1995; and two on June 30, 1996. The members of the board referred to in paragraphs (8) through (12) of subsection (a) of this Code section shall be appointed by the Gover nor and shall take office on July 1^ 1994, or as soon thereafter as they are appointed and shall serve terms of five years. Successors to these terms shall be appointed for terms of five years. All members shall be residents of this state. None No more than two of the appointed members shall be from the same congressional district. The terms of the two ex officio members shall be coextensive with their terms of office."
Section 3. Said title is further amended by striking in their entireties paragraphs (1) and (2) of Code Section 43-48-2, relative to "The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act," and inserting in lieu thereof new para graphs (1), (2), and (15.1) to read as follows:
"(1) 'Board' means the State Board of Registration fer of Used Car Dealers and Motor Vehicle Parts Diamantlcrs, Rcbuildcra, and Salvage Dealers created by Code Sec tion 43-47-3.
\) J_Jcflier H16&H9 doy person, pftrtnersiiip, iirnit/cci iisuiiity coinpflny, tirm^ of corpoTM

a salvage dealer. Reserved." "(15.1) 'Used motor vehicle parts dealer' or 'dealer' means any person, partnership,
limited liability company, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer."
Section 4. Said title is further amended by striking in its entirety Code Section 43-48-3, relating to the creation of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, which reads as follows:
"43-48-3. (a) There is created a State Board of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers which shall be composed of the director of the Georgia Bureau of Investigation or his official designee, the director of the Motor Vehicles Division of the Department of Revenue or his official designee, and ten mem bers to be appointed by the Governor. The original appointments shall be made as fol lows: one member shall be appointed for a term of four years, three members shall be appointed for terms of three years each, three members shall be appointed for terms of two years each, and three members shall be appointed for terms of one year each. Such members shall serve until their successors are appointed and qualified. Thereafter, all appointees shall be for a term of four years. Such terms shall be staggered so that new members of the board will be appointed each year.
(b) All members shall be residents of this state. Not less than one nor more than two members shall be appointed from each of the following businesses: salvage dealers, used motor vehicle dismantles, used motor vehicle rebuilders, salvage pool dealers, and motor

THURSDAY, FEBRUARY 24, 1994

1337

vehicle insurers. At least two members shall not be associated with any of these busi nesses." and inserting in lieu thereof the following:
"43-48-3. Reserved."
Section 5. Said title is further amended by striking in its entirety Code Section 43-48-4, relating to the election of officers of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, which reads as follows:
"43-48-4. (a) The board shall elect a chairman and such other officers as the board deems necessary from among the members of the board for a one-year term. The board shall promulgate rules and regulations for the procedure and operation of the board. The board shall meet as often as is necessary upon the call of the chairman to perform the duties imposed upon it by this chapter.
(b) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2." and inserting in lieu thereof the following:
"43-48-4. Reserved."
Section 6. Said title is further amended by striking in its entirety Code Section 43-48-5, relating to the secretary of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, which reads as follows:
"43-48-5. The joint-secretary shall serve as the secretary of the board in all matters as set forth in Chapter 1 of this title." and inserting in lieu thereof the following:
"43-48-5. Reserved."
Section 7. Said title is further amended by striking in its entirety subsection (a) of Code Section 43-48-6, relating to the powers and duties of the State Board of Registration of Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers, and inserting in lieu thereof the following:
"43-48-6. (a) T4te In addition to the powers provided in Chapter 47 of this title, the board shall have the following powers and duties:
(1) To receive applications for registration as a dealer and to authorize the jointsecretary to license such dealers in the manner provided by law;
(2) To deny, suspend, revoke, or otherwise sanction licenses; (3) To publish on or before September 1 of each year an alphabetical listing of all dealers licensed pursuant to this chapter and to distribute copies of the same to the Department of Public Safety, the Department of Revenue, and the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state; (4) To promulgate such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter; (5) To inspect dealers covered under this chapter whether the dealer is licensed or unlicensed; (6) To impose penalties for violations of this chapter; and (7) To do all other things necessary and proper to carry out the provisions of this chapter."
Section 8. This Act shall become effective on January 1, 1995.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y 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

1338

JOURNAL OF THE HOUSE,

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 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 Dixon, H

Y Dixon, S
Dobbs 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
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson Hughes
Y Hugley Y Irvin 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
Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Maddox
Y Mann Y Martin Y McBee
E McClinton McKinney Milam
Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E 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, A Y Purcell, B
Randall Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield 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 Stanley, L Stanley, P
Y Stephenson Streat
Y Taylor
Y Teague Y Teper
Thomas 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, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 250. By Representatives Mobley of the 86th, Bostick of the 165th, Twiggs of the 8th, Streat of the 167th, Dixon of the 150th and others:
A bill to amend Code Section 45-9-81 of the Official Code of Georgia Anno tated, relating to definitions of terms used in provisions relative to the indemnification of law enforcement officers, firemen, prison guards, and pub licly employed emergency medical technicians, so as to change the circum stances under which a law enforcement officer shall be considered to be in the line of duty.

The following amendment was read and adopted:

Representative Mobley of the 86th moves to amend HB 250 as follows:
By striking 1993 on line 19, page 2, and inserting 1994. And, by striking 1993 on line 20, page 2, and inserting 1994.

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 Bordeaux
Y Bostick Y Breedlove Y Brooks, D

Y Brooks, T Y Brown Y Buck Y Buckner Y Bunn

Y Burkhalter YByrd Y Campbell Y Canty
Carlisle

THURSDAY, FEBRUARY 24, 1994

1339

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
Dixon, H Y Dixon, S
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
Groover
Y Hammond 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 Y Irvin
Y James Y Jamieson
Jenkins Y Johnson, D.H
Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce

YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann
Martin Y McBee E McClinton
Y McKinney Y Milam Y Mills Y Mobley, B
Mobley, J Y Moore Y Mosley
Y Mueller E Oliver
O'Neal Y Orrock
Y Padgett Par ham

Y Parrish Y Patten
Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert
Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
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 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1857 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Transportation and referred to the Committee on Ways and Means.

SB 543. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Transportation, so as to require the department to obtain a certification from a county governing authority relative to the use of certain tax proceeds in funding road, street, or bridge projects; to provide an effective date.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolutions of the House were taken up for consideration and read the third time:

1340

JOURNAL OF THE HOUSE,

HR 824. By Representatives Colwell of the 7th, Lawson of the 20th, Murphy of the 18th, Hughes of the 19th, Lee of the 94th and others:
A resolution designating the bridge across Lake Lanier on Georgia State Highway No. 53 in Hall County as the Jerry D. Jackson Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
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
Campbell
Canty Y Carlisle
Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S
Dobbs 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 Irvin 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
Y Lane, R Y Lawrence
Y Lawson YLee Y Lewis YLord Y Lucas
Maddox YMann
Martin
Y McBee E McClinton Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E 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, A Y Purcell, B
Randall Y Randolph
YRay Reaves
Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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
Y Teague Y Teper Y Thomas
Tillman Titus Y Towery
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
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 1426.

By Representative Taylor of the 134th:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to change certain provi sions relating to the applicability of said chapter to an invalid car or the operator thereof.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

THURSDAY, FEBRUARY 24, 1994

1341

Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T Y Colwell Y Connell YCox Y Crawford Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H

Y Dixon, S Y Dobbs
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
Holmes Howard Y Hudson Y Hughes Y Hugley Ylrvin 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 Y Lucas
Maddox YMann
Martin
Y McBee E McClinton
McKinney Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore Y Mosley
Mueller E 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, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins
Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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
Y Teague Y Teper
Thomas 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 1426 was ordered immediately transmitted to the Senate.

HR 962. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th, Coleman of the 142nd, McBee of the 88th and others:
A resolution creating the Georgia State Museum and State Library Study Commission.

The following amendment was read and ruled out of order:

Representative Johnson of the 97th moves to amend HR 962 as follows:
Page 3 - after line 10 - insert the following:
Be it further resolved that it is the consensus of the House of Representatives that all public entities, state and local, and the facilities thereof, shall publicly display the Georgia State Flag.

Representative Johnson of the 97th moved that the House overrule the Chair. 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 Bordeaux
N Bostick N Breedlove N Brooks, D
N Brooks, T

Brown
N Buck N Buckner N Bunn N Burkhalter N Byrd N Campbell N Canty

N Carlisle N Carrell
Carter N Cauthorn N Chambless N Chandler N Channell N Childers

N Clark N Coker N Coleman, B N Coleman, T N Colwell N Connell NCox N Crawford

1342

JOURNAL OF THE HOUSE,

N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson YDix
Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps N Evans N Feiton N Floyd, J.M N Floyd, J.W NGodbee
N Golden N Goodwin
N Greene N Groover N Hammond N Manner N Harris, B N Harris, M
Hart N Heard N Hegstrom

Y Hembree
N Henson N Holland N Holmes N Howard N Hudson N Hughes N Hugley N Irvin N James
Jamieson N Jenkins
Johnson, D.H N Johnson, E Y Johnson, G N Johnson, J
Y Johnston N Jones N Joyce
Kaye N Kinnamon N Klein
NLadd Y Lakly N Lane, D N Lane, R N Lawrence N Lawson

NLee N Lewis NLord
Lucas Maddox N Mann N Martin N McBee E McClinton N McKinney Milam Mills N Mobley, B
N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal
N Orrock N Padgett
Par ham N Parrish N Patten N Pelote N Perry N Pinholster
N Poag

On the motion, the ayes were 8, nays 148. The motion was lost.

N Polak Porter
N Poston Powell
N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves N Reichert N Roberts
N Royal Scoggins
N Shanahan N Sherrill N Shipp
N Simpson Sinkfield
N Skipper N Smith, C N Smith, L N Smith, P N Smith, T
Smith, V N Smith, W
N Smyre NSnow

N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
N Teague NTeper N Thomas N Tillman
N Titus N Towery
N Trense Turnquest
N Twiggs N Vaughan N Walker N Wall N Watson
N Watts Y Westmorland
White N Williams, B N Williams, R
Y Yates N Yeargin
Murphy, Spkr

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong 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
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 Ehrhart
YEpps Y Evans Y Feiton 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
Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
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 Maddox YMann Y Martin Y McBee E McClinton Y McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E 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, A Y Purcell, B
Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
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 Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
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

THURSDAY, FEBRUARY 24, 1994

1343

On the adoption of the Resolution, the ayes were 168, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Cummings of the 27th District, Chairman of the Committee on Retire ment, submitted the following report:

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1153 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

The Speaker announced the House in recess until 1:15 o'clock this afternoon.

1344

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1241. By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 923 Do Pass HR 924 Do Pass HR 930 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

The following Resolutions of the House were read and adopted:

HR 1019. By Representatives Hughes of the 19th and Murphy of the 18th: A resolution commending Marcus Byrd.

HR 1021.

By Representatives McBee of the 88th, Heard of the 89th and Scoggins of the 24th:
A resolution commending the Institute of Community and Area Development of the University of Georgia for producing The Interactive Atlas of Georgia, the computerized version of the official state atlas.

HR 1022. By Representative McKinney of the 51st: A resolution recognizing and commending Eddie Lee Brewster.

THURSDAY, FEBRUARY 24, 1994

1345

HR 1023. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Taylor of the 134th and Smyre of the 136th:
A resolution paying tribute to Emily Woodruff.

HR 1024. By Representative Purcell of the 147th:
A resolution commending and recognizing Pastor Charles and Mary Lou Thomas.

The following Resolutions of the House, favorably reported by the Committee on Rules were read and adopted:

HR 923. By Representative Parham of the 122nd:
A resolution commending Officer Gary Wisham and inviting him to appear before the House of Representatives.

HR 924. By Representative Parham of the 122nd:
A resolution commending Sergeant Walt Taylor and inviting him to appear before the House of Representatives.

HR 930. By Representatives Greene of the 158th, Patten of the 176th, Floyd of the 138th, Carter of the 166th, Bostick of the 165th and others:
A resolution recognizing the 50th Anniversary of Smokey Bear and inviting him to the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1450.

By Representative Johnson of the 153rd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to authorize such orders for persons who are not in hospitals or nursing homes.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to authorize such orders for persons who are not in hospi tals or nursing homes; to change the provisions relating to definitions; to limit the duties of certain health care and other facilities; to change the conditions regarding the issuance and cancellation of such orders; to change the effectiveness of such orders; to provide for physician notifications regarding such orders; to provide for examinations to determine whether patients still qualify as candidates for such orders; to change the provisions regarding revocation of consent to such orders; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regard ing orders not to resuscitate, is amended by striking Code Sections 31-39-2 through

1346

JOURNAL OF THE HOUSE,

31-39-6, relating to definitions, presumptions of capacity, conditions for issuance of orders, cancellation of orders, and revocation of consent to orders, respectively, and inserting in their respective places the following:
"31-39-2. As used in this chapter, the term: (1) 'Adult' means any person who is 18 years of age or older, is the parent of a
child, or has married. (2) 'Attending physician' means the physician selected by or assigned to a patient
in a health ewe facility who has to have primary responsibility for the treatment and care of the patient. Where more than one physician share such responsibility, any such physician may act as the attending physician pursuant to this chapter.
(3) 'Authorized person' means any one person from the following list in the order of priority as listed below:
(A) Any agent appointed pursuant to Chapter 36 of this title, the 'Durable Power of Attorney for Health Care Act';
(B) A spouse; (C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1; (D) A son or daughter 18 years of age or older; (E) A parent; or (F) A brother or sister 18 years of age or older. (4) 'Candidate for nonresuscitation' means a patient who, based on a determina tion to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the imminent death of the patient; (B) Is in a noncognitive state with no reasonable possibility of regaining cogni tive functions; or (C) Is a person for whom cardiopulmonary resuscitation would be medically futile in that such resuscitation will likely be unsuccessful in restoring cardiac and respiratory function or will only restore cardiac and respiratory function for a brief period of time so that the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time. (5) 'Cardiopulmonary resuscitation' means only those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest. (6) 'Decision-making capacity' means the ability to understand and appreciate the nature and consequences of an order not to resuscitate, including the benefits and dis advantages of such an order, and to reach an informed decision regarding the order. (7) 'Health care facility' means an institution which is licensed as a hospital or nursing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pursuant to Article 9 of Chapter 7 of this title. (8) 'Minor' means afiy person who is not an adult.
(9) 'Order not to resuscitate' means an order not to attempt cardiopulmonary resuscitation in the event a patient suffers cardiac or respiratory arrest, or both.
(10) 'Parent' means a parent who has custody of a minor.
(11) 'Patient' means a person who is receiving care and treatment from; or is a resi dent ef; a health eare facility as defined i this Code section an attending physician.
(12) 'Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician.
31-39-3. (a) Every patient shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless there is consent or authorization for the issuance of an order not to resuscitate.
(b) Every adult shall be presumed to have the capacity to make a decision regarding cardiopulmonary resuscitation unless determined otherwise in writing in the patient's medical record pursuant to this Code section or pursuant to a court order. When an order not to resuscitate is requested by an adult with decision-making capacity, such

THURSDAY, FEBRUARY 24, 1994

1347

order shall be presumed, unless revoked, to be the direction of such person regarding resuscitation.
(c) Nothing in this chapter shall require a health care facility2 any other facility, or health care provider to expand its existing equipment and facilities to provide cardiopulmonary resuscitation.
31-39-4. (a) It shall be lawful for the attending physician to issue an order not to resuscitate, provided that the order has been issued pursuant to the requirements of this chapter. Such an order shall be issued in writing in the patient's chart and shall be effective upon issuance. Such an order shall remain effective whether or not the patient is receiving treatment from or is a resident of a health care facility until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and health care facility, if applicable, of the order.
(b) An adult person with decision-making capacity may consent orally or in writing to an order not to resuscitate and its implementation at a present or future date, regard less of that person's mental condition on such future date.
(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circum stances under which such order is being considered.
(d) Any parent may consent orally or in writing to an order not to resuscitate for his or her minor child when such child is a candidate for nonresuscitation. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid with out the assent of such minor.
(e) If none of the persons specified in subsections (b), (c), and (d) of this Code sec tion is reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that:
(1) Such physician determines, in writing in the patient's medical record, that such patient is a candidate for nonresuscitation; and-
(2) An ethics committee or similar panel, as designated by the health care facility, concurs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitation; and
(3) The patient is receiving treatment from or is a resident of a health care facility other than a hospice. 31-39-5. (a) An attending physician for whose patient an order not to resuscitate has been issued pursuant to subsection (c), (d). or (ej of Code Section 31-39-4 shall examine that patient at such intervals as determined periodically by the attending phy sician to determine whether the patient still qualifies as a candidate for nonresuscitation, unless that order has been canceled or consent thereto revoked as pro vided in this chapter. That physician shall record such determination in the patient's medical chart. Failure to comply with this subsection shall not invalidate that order. {a} (b) If the attending physician determines at any time that an order not to resus citate issued at the request of the patient is no longer appropriate because the patient's medical condition has improved so that the patient no longer qualifies as a candidate for nonresuscitation, the physician shall immediately notify the patient or, if the patient does not then have decision-making capacity, an authorized person. If such person declines to revoke his such person's consent to the order, the physician shall immedi ately include in the patient's chart that the patient is no longer a candidate for nonresuscitation and shall immediately cancel the order aad . The physician or the physician's designee shall notify the person who consented to the order and all hospital staff responsible for the patient's care of the cancellation. {fe) (c) If the order not to resuscitate was entered upon the consent of a parent or authorized person and the attending physician who issued the order or, if he that

1348

JOURNAL OF THE HOUSE,

attending physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician shall immediately include such determination in the patient's chart, cancel the order, and notify the person who consented to the order and all hospital staff responsi ble for the patient's care of the cancellation.
4e) (d) If an order not to resuscitate was entered upon the consent of an authorized person and the patient at any time regains decision-making capacity, the attending phy sician who issued the order or, if he that physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resus citate and, if the patient does not so consent, cancel the order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancel lation.
31-39-6. (a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making eithe* a written or an oral declaration te a physician or memi&cf Qt tii nursing stflir frc trie ficftltii cftrc iftdiity wiicrc tie ts Dcinj* ircfltcQ or Dy iny other act evidencing a specific intent to revoke such consent which is communicated to a or in the presence of an attending physician or a member of the nursing staff at the health care facility staff.
(b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by notifying a physician er member ef the nursing staff at the health eare facility ef the revocation of consent in writing, dated tatA signed, 0f oy offtity notitying tiic fltiendin^j pnysicifln itt tnc prc9cncc ot ft witness TO yoflifs 0r age er Wer making a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of an attending physician or member of the nursing staff at the health care facility.
(c) Any physician who is informed of or provided with a revocation of consent pursu ant to this Code section shallj either himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify th any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staff who is informed of or provided with a revocation of consent pursuant to this Code section shall immediately notify a physician of such revo cation."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

YAshe Atkins
Bailey
Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnes Y Bates
Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown Buck Y Buckner Bunn Burkhalter Byrd

Y Campbell
Canty Carlisle 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
Davis, G

Davis, M
Y Dickinson
Dix Dixon, H Dixon, S Dobbs Ehrhart YEpps Y Evans Felton Y Floyd, J.M Y Floyd, J.W Godbee Golden Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Harris, M Hart

Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes Y Hugley Y Irvin
James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J Y Johnston
Jones
Y Joyce Kaye

Y Kinnamon Y Klein YLadd Y Lakly
Lane, D Lane, R Y Lawrence Lawson YLee Y Lewis Lord Y Lucas Maddox YMann Y Martin Y McBee E McClinton McKinney Milam Mills Mobley, B
Y Mobley, J

Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal Orrock Padgett Parham
Y Parrish
Patten Y Pelote
Y Perry
Y Pinholster
Poag

THURSDAY, FEBRUARY 24, 1994

Polak
Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph Ray Reaves Reichert Roberts Royal Scoggins

Y Shanahan Y Sherrill
Shipp Simpson Sinkfield 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, P Y Stephenson Streat Y Taylor Teague Y Teper Thomas Tillman Titus Towery Y Trense

1349
Turnquest Twiggs Y Vaughan Walker Y Wall Y Watson Watts Y Westmoreland White Y Williams, B Williams, R Yates Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1400.

By Representative Coker of the 31st:
A bill to amend Part 10 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to miscellaneous liens, so as to provide that any person engaged in servicing or furnishing supplies or accessories for aircraft or providing contracts of indemnity for aircraft shall have a lien on such aircraft for labor performed, materials furnished, or for contracts of indemnity provided.

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
Atkins
Bailey 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 Buck Y Buckner Bunn 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
Coleman, T

Colwell Y Connell YCox Y Crawford
Y Crews Culbreth
Y Cummings Davis, G Davis, M
Y Dickinson Dix Dixon, H Dixon, S Dobbs Ehrhart
YEpps Y Evans
Felton Floyd, J.M Y Floyd, J.W Godbee Y Golden Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B Harris, M Hart Heard Y Hegstrom
Y Hembree
Henson
Y Holland
Y Holmes

Howard Y Hudson
Y Hughes Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
Kaye
Y Kinnamon Y Klein
Ladd Y Lakly
Lane, D Lane, R Y Lawrence Lawson YLee Y Lewis Lord
Y Lucas Maddox
YMann Martin
Y McBee
E McClinton McKinney Milam Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett
Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Reichert Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Shipp Simpson Sinkfield Y Skipper

Y Smith, C Y Smith, L
Y Smith, P Smith, T
Y Smith, V Y Smith, W
Smyre YSnow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Tillman Y Titus Towery Y Trense Turnquest Twiggs Y Vaughan Walker Y Wall Y Watson Watts Y Westmoreland White Y Williams, B Williams, R Yates Y Yeargin Murphy, Spkr

1350

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 106, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 921. By Representatives Snow of the 2nd, Lane of the 146th, Dobbs of the 92nd, Orrock of the 56th, Trense of the 44th and others:
A resolution creating the Aged and Disabled Transportation Task Force.

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
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
Burkhaller
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
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 Ehrhart
YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden
Good win
Y Greene Groover
Y Haramond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H
Y Johnson, E 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
Lawson YLee Y Lewis YLord Y Lucas
Maddox YMann Y Martin Y McBee E McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett
Par ham Y Parrish
Patten Y Pelote
Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Reaves Reichert Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill
Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C Y Smith, L
Y Smith, P Smith, T
Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague YTeper Y Thomas Tillman
Y Titus Towery
Y Trense Turnquest
Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B
Williams, R Y Yates
Yeargin ' Murphy, Spkr

On the adoption of the Resolution, the ayes were 131, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1462.

By Representatives Klein of the 39th, Kinnamon of the 4th, Trense of the 44th, Campbell of the 42nd, Smith of the 175th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide that the Professional Standards Commission and the Professional Practices Commission shall not lose jurisdiction of an applicant who with draws his or her application for certification.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

THURSDAY, FEBRUARY 24, 1994

1351

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 Y Breedlove Y Brooks, D Y Brooks, T
Brown Y Buck
Buckner
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

Y Colwell Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M
Y Floyd, J.W Godbee
Y Golden Goodwin
Y Greene Groover
Y Hammond Manner
Y Harris, B
Y Harris, M YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
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
Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
Lord Y Lucas
Maddox Y Mann Y Martin Y McBee E McClinton
McKinney Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote
Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Reichert Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W
Smyre Y Snow
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague Y Teper
Y Thomas 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
Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 137, nays 0, The Bill, having received the requisite constitutional majority, was passed.

HB 1403. By Representatives Perry of the llth, Kinnamon of the 4th, Smith of the 12th, Shanahan of the 10th and Snow of the 2nd:
A bill to amend Code Section 16-10-52 of the Official Code of Georgia Anno tated, relating to escape, so as to change the penalty for the offense of escape committed by a person who has been convicted of a felony or misdemeanor.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HB 1403 by strik ing lines 13 through 21 and inserting in lieu thereof the following:
"escape shall be punished by imprisonment for not less than one nor more than five ten years. Any other person convicted of the offense of escape shall be punished as for a misdemeanor, except that a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than ten 20 years."

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:

1352

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Y Brooks, D N Brooks, T Brown YBuck
Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell
Canty Carlisle Carrell Y Carter
Y Cauthorn
Y Chambless
Chandler
Y Channell
Y Childers
Y Clark Y Coker Y Coleman, B
Coleman, T

Y Colwell Y Connell YCox Y Crawford
Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M Y Dickinson Y Dix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M
Floyd, J.W Godbee Y Golden Goodwin Y Greene Groover Y Hammond Hanner Y Harris, B
Y Harris, M
N Hart Y Heard
Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Ladd
Y Lakly Lane, D
Y Lane, R
Y Lawrence
Y Lawson YLee Y Lewis
YLord N Lucas
Maddox
Y Mann
Y Martin
Y McBee
E McClinton
N McKinney Milam
Y Mills

Y Mobley, B Y Mobley, J
Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett Parham
Y Parrish
Patten Y Pelote Y Perry
Y Pinholster Poag
Y Polak Y Porter Y Poston
Powell Y Purcell, A
N Purcell, B Randall
Y Randolph YRay
Reaves Reichert Roberts Y Royal Y Scoggins
Y Shanahan
Y Sherrill Y Shipp
Y Simpson Sinkfield
Y Skipper

Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas 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 134, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 925. By Representatives Streat of the 167th and Carter of the 166th: A resolution designating the Private George W. Lee, Jr., Memorial Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

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 Canty Carlisle
Y Carrell Y Carter
Y Cauthorn Y Chambless
Y Chandler
Y Channell
Y Childers
Y Clark Y Coker Y Coleman, B
Coleman, T Y Colwell Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Y Dickinson
YDix Dixon, H
Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W
Godbee Y Golden Y Goodwin Y Greene

Groover
Y Hammond Y Hanner Y Harris, B Y Harris, M YHart Y Heard
Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hughes Y Hugley Y Irvin 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 YLadd Y Lakly Y Lane, D Y Lane, R
Lawrence Y Lawson YLee Y Lewis YLord Y Lucas

THURSDAY, FEBRUARY 24, 1994

1353

Maddox Y Mann Y Martin
Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B
Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock

Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph

YRay Reaves Reichert Roberts
Y Royal Y Scoggins Y Shanahan
Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P
Smith, T

Y Smith, V Y Smith, W
Smyre
YSnow Stancil, F
Y Stancil, S Stanley, L Stanley, P
Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper Y Thomas
Tillman Y Titus

Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wail 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 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1327.

By Representatives Hammond of the 32nd, Cauthorn of the 35th, Skipper of the 137th, Cox of the 160th and Thomas of the 100th:
A bill to amend Code Section 15-11-10 of the Official Code of Georgia Anno tated, relating to associate juvenile court judges, so as to provide that the qualifications for associate juvenile court judges shall be the same as those provided by law for juvenile court judges.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section, 15-11-10 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, so as to provide that the qualifications for associate juvenile court judges shall be the same as those provided by law for juvenile court 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. Code Section 15-11-10 of the Official Code of Georgia Annotated, relating to associate juvenile court judges, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-11-10 to read as follows:
"15-11-10. (a) The judge may appoint one or more persons to serve as associate juvenile court judge in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authori ties of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. Except as provided in subsection (b) of this Code section, an AB associate juvenile court judge shall be a member of the State Bar of Georgia or shall be a graduate of a law school; provided, however, that any person serving as a referee on July 1, 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
(b) In each county having a population of 75,000 or more according to the United States decennial census of 1990 or any such future census and which employs a full-time juvenile court judge, each associate juvenile court judge appointed after July l 1994, shall have the same qualifications as required for a judge of the juvenile court as pro vided in subsection (e) of Code Section 15-11-3; provided, however, that any person serving as a referee on July 1^ 1983, shall be qualified for appointment thereafter to serve as an associate juvenile court judge.
{b) (c) The judge may direct that hearings in any case or class of cases involving alleged delinquent, unruly, or deprived children shall be conducted in the first instance

1354

JOURNAL OF THE HOUSE,

by the associate juvenile court judge in the manner provided by this article. If a party so requests, the hearing shall be conducted by the judge except for detention hearings or probable cause hearings, which shall be conducted by the associate juvenile court judge if directed to do so by the judge.
(e) (d) Upon the conclusion of a hearing before an associate juvenile court judge, except detention hearings or probable cause hearings, the associate juvenile court judge shall transmit findings and recommendations for disposition in writing to the judge. Prompt written notice of the findings and recommendations, together with copies thereof, shall be given to the parties to the proceedings.
{4} (e) A rehearing may be ordered by the judge at any time and, except for deten tion hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving written notice of the findings and rec ommendations of the associate juvenile court judge.
{e} (f) Unless a rehearing is so ordered, the findings and recommendations become the findings and order of the court when confirmed in writing by the judge.
4$ (g) Upon conclusion of a probable cause hearing or detention hearing before an associate juvenile court judge, the associate juvenile court judge shall sign and file an order of the court which sets forth the decision made by the associate juvenile court judge.
{g} (h) An associate juvenile court judge of any county of this state shall be vested with the same authority as any judge of this state for the purpose of performing mar riage ceremonies."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
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
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
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 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
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 Irvin 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 YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord Y Lucas
Maddox
YMann Y Martin
Y McBee E McClinton
McKinney Y Milam
Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph Y Ray Y Reaves
Reichert Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Sinkfield 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 Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westmoreland
White Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

THURSDAY, FEBRUARY 24, 1994

1355

On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The 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 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.

Representative Crews of the 78th moved that the House recede from its position in disagreeing to the Senate substitute to HB 415.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnes N Bates Y Benefield
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 N Canty N Carlisle
Carrell N Carter N Cauthorn N Chambless Y Chandler
N Channell N Childers Y Clark Y Coker Y Coleraan, 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 N Dobbs Y Ehrhart N Epps Y Evans N Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden N Goodwin Y Greene
Groover N Hammond N Manner N Harris, B Y Harris, M
YHart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes

N Howard N Hudson Y Hughes N Hugley Ylrvin N James
N Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane, D N Lane, R Y Lawrence Y Lawson YLee Y Lewis
YLord N Lucas
Maddox YMann
N Martin N McBee E McClinton N McKinney Y Milam Y Mills

N Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver
Y O'Neal N Orrock Y Padgett
Par ham N Parrish
Patten N Pelote N Perry Y Pinholster
Poag N Polak
N Porter N Poston Y Powell Y Purcell, A Y Purcell, B N Randall N Randolph YRay N Reaves
Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper

N Smith, C N Smith, L Y 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, P Y Stephenson Y Streat N Taylor
Teague N Teper
N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland N White Y Williams, B
Y Williams, R Y Yates
Yeargin Murphy, Spkr

On the motion, the ayes were 81, nays 84. The motion was lost.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Crews of the 78th, Carlisle of the 107th and Titus of the 180th.

1356

JOURNAL OF THE HOUSE,

The Speaker Pro Tern assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 337. By Representative Wall of the 82nd:
A bill to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide that if a tenant fails to make any required payment into the registry of the court, a writ of posses sion shall be issued after the expiration of ten days.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to dispossessory proceedings, so as to provide that under certain conditions a court shall issue a writ of possession instanter notwithstanding Code Section 9-11-62; to provide for the issuance of a writ of execution for the judgment amount and a writ of pos session at the expiration of ten days after the entry of judgment against a tenant; to change the provisions relating to appeals and the practices and procedures connected therewith; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to dispossessory proceedings, is amended by striking in its entirety subsec tion (a) of Code Section 44-7-53, relating to when writ of possession may be issued, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If the tenant fails to answer as provided in subsection (b) of Code Section 44-7-51, the court shall issue a writ of possession instanter notwithstanding Code Section 9-11-55 or Code Section 9-11-62; and the plaintiff shall be entitled to a verdict and judg ment by default for all rents due, in open court or in chambers, as if every item and paragraph of the affidavit provided for in Code Section 44-7-50 were supported by proper evidence, without the intervention of a jury."
Section 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 44-7-55, relating to judgment and landlord's liability for wrongful conduct, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If, on the trial of the case, the judgment is against the tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute. The court shall issue a writ of execution for the judgment amount and a writ of possession at the expiration of ten days after the date such judgment was entered, except as otherwise provided in Code Section 44-7-56."
Section 3. Said article is further amended by striking in its entirety Code Section 44-7-S6, relating to appeal and payment of rent pending appeal, and inserting in lieu thereof a new Code Section 44-7-56 to read as follows:
"44-7-56. Any judgment by the trial court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5, provided that any such appeal shall be filed within ten days of the date such judgment was entered and providedz further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the trial judge of the notice of appeal and the trial judge may, within 15 days, supplement the record with findings of fact and conclusions of law which will be considered as a part of the order of the judge in that case. If the judgment of the trial court is against the

THURSDAY, FEBRUARY 24, 1994

1357

tenant and the tenant appeals this judgment, the tenant shall remain in possession of the premises; provided, however, that the tenant shall be required to pay rent into the registry of the trial court pursuant to paragraph (1) of subsection (a) of Code Section 44-7-54 until the issue has been finally determined on appeal."
Section 4. 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 337.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey
Baker
Y Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield Y Birdsong Y Bordeaux N Bostick Y Breedlove N Brooks, D Y Brooks, T
Brown N Buck
N Buckner N Bunn
N Burkhalter NByrd N Campbell N Canty
Carlisle N Carrell N Carter N Cauthorn N Chambless N Chandler N Channell N Childers N Clark N Coker
Coleman, B Coleman, T

N Colwell Connell
NCox N Crawford
Crews N Culbreth N Cummings
N Davis, G N Davis, M N Dickinson NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps N Evans N Felton N Floyd, J.M N Floyd, J.W
Godbee N Golden Y Goodwin
N Greene N Groover N Hammond
N Hanner N Harris, B N Harris, M YHart N Heard Y Hegstrom N Hembree
Henson N Holland N Holmes

Howard
N Hudson Y Hughes N Hugley N Irvin N James N Jamieson N Jenkins N Johnson, D.H
Johnson, E N Johnson, G N Johnson, J Y Johnston
Jones N Joyce NKaye N Kinnamon
N Klein NLadd N Lakly
Lane, D N Lane, R N Lawrence N Lawson NLee N Lewis NLord
N Lucas Maddox
NMann Martin
N McBee E McClinton N McKinney N Milam N Mills

On the motion, the ayes were 19, nays 134. The motion was lost.

Y Mobley, B
N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal
Orrock N Padgett
Par ham N Parrish
Patten N Pelote N Perry N Pinholster
Poag N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B Y Randall N Randolph NRay
Reaves N Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp Y Simpson Y Sinkfield N Skipper

N Smith, C N Smith, L N Smith, P N Smith, T N Smith, V
N Smith, W Smyre
N Snow N Stancil, F N Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson
N Streat N Taylor
Teague N Teper N Thomas N Tillman N Titus N Towery N Trense Y Turnquest
Twiggs N Vaughan
Walker Y Wall N Watson N Watts N Westmoreland N White N Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1181.

By Representatives Lane of the 55th, Polak of the 67th, Lakly of the 105th and Burkhalter of the 41st:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.

1358

JOURNAL OF THE HOUSE,

Representative Floyd of the 172nd District, Vice-Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 965 Do Pass SB 602 Do Pass
Respectfully submitted, /s/ Floyd of the 172nd
Vice-Chairman

Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 1689 Do Not Pass HB 1838 Do Pass, by Substitute
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 961 Do Pass HR 967 Do Pass SR 502 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

Representative Buck of the 135th District, Chairman of the Committee on Ways & Means, submitted the following report:

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

THURSDAY, FEBRUARY 24, 1994

1359

HB 954 Do Pass, by Substitute HB 1762 Do Pass HB 1763 Do Pass, by Substitute SB 394 Do Pass

SB 506 Do Pass SR 203 Do Pass, by Substitute SR 407 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

1360

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 25, 1994

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 William F. Harrell, Pastor, Abilene Baptist Church, Martinez, 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 1937. By Representative Carter of the 166th: A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, so as to change and clarify the provisions relating to the incorporation and general powers of the Town of Alapaha and the provisions relating to the establishment, composition, form, election, and terms of the governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1938. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Shipp of the 38th, Clark of the 40th and others: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 25, 1994

1361

HB 1939. By Representatives Poag of the 6th and Hughes of the 19th:
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 criminal offense of dog theft; to provide for a penalty; to provide for the criminal offense of theft by receiving a stolen dog.
Referred to the Committee on Special Judiciary.

HB 1940. By Representatives Hegstrom of the 66th, Brooks of the 54th, Teper of the 61st, Sinkfield of the 57th, Mobley of the 69th 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 relative to public property, so as to provide that contracts for the use of a public stadium, auditorium, or arena shall provide that use of a mascot referring to a racial or ethnic group or sale of items relating to such a mascot constitutes breach of the contract.
Referred to the Committee on Special Judiciary.

HB 1941. By Representative McKinney of the 51st:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to levy of excise taxes on the furnishing of rooms, lodgings, and accommodations, so as to change provisions relating to rates of taxation.
Referred to the Committee on Ways & Means.

HB 1942. By Representatives Cauthorn of the 35th, Barnes of the 33rd, Crews of the 78th, Johnson of the 84th, Hammond of the 32nd and others:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the provisions relating to seizure and forfeiture; to repeal existing provisions relating to seizure and forfeiture of a motor vehicle operated by a habitual violator whose license has been revoked and who is arrested and charged with a violation of Code Section 40-6-391.
Referred to the Committee on Judiciary.

HB 1943. By Representative White of the 161st:
A bill to amend Code Section 20-3-250.6 of the Official Code of Georgia Annotated, relating to minimum standards for nonpublic postsecondary edu cational institutions, so as to exclude certain financial reports from being public records and being subject to public disclosure.
Referred to the Committee on University System of Georgia.

HB 1944. By Representative Hanner of the 159th:
A bill to create a board of elections and registration for Terrell County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.

1362

JOURNAL OF THE HOUSE,

HB 1945. By Representative Jenjdns of the 110th:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, the "Long-term Care Facility Resident Abuse Reporting Act," so as to change definitions; to provide for penalties for failure to make certain reports.
Referred to the Committee on Health & Ecology.

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 1950. By Representatives Trense of the 44th and Byrd of the 170th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Anno tated, relating to funding for direct instructional costs and media costs, so as to prohibit certain expenditures.
Referred to the Committee on Education.

HB 1951. By Representative Byrd of the 170th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to provide an exemption for sales of high school yearbooks.
Referred to the Committee on Ways & Means.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1928
HB 1930 HB 1931
HB 1932

SB 593
SB 595 SB 619
SB 638

HHBB 11993345
HB 1936 HR 1013 HR 1018 SB 427 SB 534 SB 567

SQTBJ C67T7I
SB 678 B 679 SB 682 SB 683 SB 684 SR 413

Representative White of the 161st District, Vice-Chairman of the Committee on Edu cation, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1185 Do Pass HB 1325 Do Pass HB 1353 Do Pass, by Substitute

HB 1724 Do Pass HB 1897 Do Pass

FRIDAY, FEBRUARY 25, 1994

1363

Respectfully submitted, Is/ White of the 161st
Vice-Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 1458 Do Pass, by Substitute HB 1786 Do Pass, by Substitute

HB 1916 Do Pass HB 1921 Do Pass, by Substitute

Respectfully submitted, Is/ Thomas of the 100th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1880 Do Pass HB 1898 Do Pass HB 1899 Do Pass HB 1908 Do Pass HB 1909 Do Pass HB 1910 Do Pass HB 1913 Do Pass

HB 1915 Do Pass HB 1917 Do Pass HB 1919 Do Pass HB 1923 Do Pass HB 1924 Do Pass HB 1926 Do Pass

Respectfully submitted, /s/ Lane of the 55th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 25, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enu merated below:

HB 260 HB 913 HB 1274 HB 1459 HB 1623 HB 1627 HB 1705

Employees' Ret; creditable service; forfeited leave Fulton Co; school employees pension fund; amend provisions Fiscal notes; amend provisions Council of Municipal Court Judges; create Insurers; conversion of mutual to stock; corporate existence Liability ins; nonprofit agencies; contract with Children & Youth Dept Natural Disaster Relief Fund; establish

1364

JOURNAL OF THE HOUSE,

HB 1768 Ed; prog for intellectually gifted; eligibility criteria HB 1906 Golf Hall of Fame Board; amend membership provisions
HR 966 Lumpkin County; convey property HR 1001 Richmond County; convey property HR 1012 Grady County; convey property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:

HB 1898.

By Representatives Reichert of the 126th, Lucas of the 124th, Groover of the 125th, Randall of the 127th and Birdsong of the 123rd:
A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.

By unanimous consent, HB 1898 was postponed until Monday, February 28, 1994.

HB 1880.

By Representatives Walker of the 141st, Watson of the 139th, Ray of the 128th and Floyd of the 138th:
A bill to repeal an Act providing for a board of elections in each county in this state having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census (now not less than 88,000 and not more than 90,000 according to the United States decennial census of 1990 or any future such census).

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1899.

By Representatives Johnson of the 84th and Carrell of the 87th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to provide for four-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.

HB 1908. 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 change the corporate boundaries.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1909.

By Representatives Brooks of the 103rd, Yates of the 106th and Epps of the 131st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Coweta County.

FRIDAY, FEBRUARY 25, 1994

1365

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1910. By Representative Brooks of the 103rd:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Heard County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1913.

By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A bill to amend an Act relating to the board of education of Colquitt County, so as to provide for the addition of a seventh member of the board to be elected at large.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1915.

By Representatives Floyd of the 138th, Walker of the 141st, Hudson of the 156th and James of the 140th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Cordele Judicial Circuit by the counties comprising such circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1919. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for a new charter for the City of Blackshear, so as to revise certain provisions of said charter describing the City of Blackshear's powers regarding municipal utilities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1923.

By Representative Porter of the 143rd:
A bill to amend an Act reconstituting the Board of Education of the City of Dublin, so as to provide that successors to members of the board of educa tion whose terms of office are to expire shall be elected at the City of Dublin general election immediately preceding the expiration of such terms.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1924. By Representatives Chandler of the 99th and Hembree of the 98th:
A bill to amend an Act creating the Board of Commissioners of Douglas County, so as to authorize a change in the location of commission meetings.

1366

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1926.

By Representative Scoggins of the 24th:
A bill to amend an Act creating a Board of Commissioners of Madison County, so as to provide three proposals relating to the composition of the Board of Commissioners of Madison County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1917.

By Representatives Ladd of the 59th, Teper of the 61st, Randolph of the 72nd, Mobley of the 69th, Jones of the 71st and others:
A bill to provide a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to a pro rata amount of the proceeds generated from the collection of certain local sales and use taxes for certain residents of that county.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey 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
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 Ehrhart
YEpps Y Evans Y Felton
Y Floyd, J.M Y Floyd, J.W E 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 Irvin
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
Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam
Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett Parham Parrish
Y Patten Pelote
Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
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 Skipper

On the passage of the Bills, the ayes were 163, nays 0.

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre
YSnow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest
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

FRIDAY, FEBRUARY 25, 1994

1367

The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 633. By Senator Madden of the 47th:
A bill to provide a new charter for the City of Canon; to provide for incorpo ration, boundaries, and powers of the city; to provide for a governing author ity of such city and powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.

SB 687. By Senator Kemp of the 3rd:
A bill to amend an Act providing for terms, districts, and qualifications of the Commissioners of Mclntosh County, and providing for nomination of candidates for such offices, as amended, so as to provide for four-year terms; to change the qualifications for commissioners; to provide for the expiration of terms of commissioners in office on the effective date of this Act.

SB 691. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Magistrate Court of Glynn County, as amended, so as to redesignate the presiding officer of the Magistrate Court of Glynn County as chief magistrate; to provide for the partisan election of the chief magistrate of the Magistrate Court of Glynn County; to provide for terms of office.

SB 692. By Senator Blitch of the 7th:
A bill to amend an Act creating the board of commissioners for Charlton County, as amended, so as to change provisions relating to commissioner dis tricts; to provide for submission of this Act to the United States Attorney General; to provide for automatic repeal.

SB 693. By Senator Blitch of the 7th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, as amended, so as to change provi sions relating to education districts; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General.

HB 1109. By Representative Lawson of the 20th: A bill to provide a new charter for the City of Lula.

HB 1803. By Representative Bargeron of the 120th:
A bill to amend an Act providing for the election of the chairperson and the members of the board of education of Jefferson County, so as to change the descriptions of the education districts of the board and provide for defini tions and inclusions of parts of education districts.

1368

JOURNAL OF THE HOUSE,

HB 1827. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the judge of the probate court of Putnam County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

HB 1829. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County, so as to change the provisions relating to the compensation of the tax commissioner.

HB 1831. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act creating the State Court of Decatur County, so as to change the compensation provision relating to the judge of said court.

HB 1834. By Representatives Milam of the 130th, Epps of the 131st and Smith of the 102nd:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the provisions thereof relating to the issuance of franchises by the city in its exercise of control over the use of streets, alleys, and public ways of the city.

SB 510. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for definitions; to provide for exemptions; to provide for the seizure and forfeiture of certain weapons, conveyances, and other property used to facilitate a violation of said part; to provide procedures for such for feitures.

SB 601. By Senators Hemmer of the 49th, Henson of the 55th, Pollard of the 24th, Broun of the 46th and Madden of the 47th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the definition of certain terms; to provide for the carriage and use of per sonal flotation devices aboard vessels; to limit the hours of operation of per sonal watercraft; to provide for an observer in vessels towing persons on water skis or similar devices; to provide an effective date.

SB 609. By Senators Guhl of the 45th, McGuire of the 30th and Gochenour of the 27th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to limit such evidence.

FRIDAY, FEBRUARY 25, 1994

1369

SB 671. By Senator Coleman of the 1st:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Anno tated, relating to local fire departments generally, so as to authorize a sub scription fire department to charge certain fees and be reimbursed for rendering fire protection or similar emergency services on property not cov ered by fire protection services through subscription within the subscription fire department's fire district; to provide a short title; to provide for declara tion of purpose.

HB 633. By Representatives Cauthorn of the 35th, Watts of the 26th, Barnes of the 33rd, Cummings of the 27th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that retirement benefits under such retirement system shall be calculated with regard to a judge then serving in the office from which a member retired so that retired members shall receive an increase in retire ment benefits based upon any increase received by active judges.

HB 1265.

By Representatives Stephenson of the 25th and Harris of the 112th:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Anno tated, relating to special and distinctive license plates for survivors of Pearl Harbor, so as to eliminate the requirement for a minimum number of appli cants for such license plates.

HB 1322. By Representatives Trense of the 44th, Sinkfield of the 57th, Campbell of the 42nd, Martin of the 47th and Ashe of the 46th:
A bill to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to provide that identified foster parents and child-placing agencies be given access to all records regarding children being considered for foster care place ment.

HB 1502. By Representatives Baker of the 70th, Hammond of the 32nd, Cauthorn of the 35th, Simpson of the 101st, Campbell of the 42nd and others:
A bill to amend Part 3 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration of businesses using trade names, so as to exempt limited liability companies doing business under their limited liability company names from the provisions of such part.

HB 1636. By Representative Davis of the 48th:
A bill to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and mort gage brokers, so as to provide for definitions; to revise and provide for exemptions from licensing and other requirements; to authorize the promul gation of rules and regulations.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:

1370

JOURNAL OF THE HOUSE,

HB 1420.

By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed inter vivos.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 392. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide that the rules establishing venue for where divorce cases may be tried shall also apply to separate maintenance cases where spouses are living separately and no action for divorce is pending; to provide for submission of this amendment for ratification or rejection.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:

HB 1497. By Representative Jamieson of the 22nd:
A bill to amend an Act incorporating the City of Toccoa, so as to deannex and exclude certain property from the corporate limits of said city.

HB 1187.

By Representatives Groover of the 125th and Walker of the 141st:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.

HB 1225. By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.

HB 1321.

By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd, Groover of the 125th, Thomas of the 100th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Anno tated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

FRIDAY, FEBRUARY 25, 1994

1371

SR 563. By Senators Robinson of the 16th, Ray of the 19th, and Scott of the 36th: A resolution relative to adjournment.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 168. By Senators Boshears of the 6th and Ralston of the 51st:
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 drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school com pletion as a requirement of issuance of a driver's license; to provide for veri fication.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 168. By Senators Boshears of the 6th and Ralston of the 51st:
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 drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school com pletion as a requirement of issuance of a driver's license; to provide for veri fication.
Referred to the Committee on Motor Vehicles.

SB 510. By Senators Newbill of the 56th and Clay of the 37th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for definitions; to provide for exemptions; to provide for the seizure and forfeiture of certain weapons, conveyances, and other property used to facilitate a violation of said part; to provide procedures for such for feitures.
Referred to the Committee on Public Safety.

SB 601. By Senators Hemmer of the 49th, Henson of the 55th, Pollard of the 24th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the definition of certain terms; to provide for the carriage and use of per sonal flotation devices aboard vessels; to limit the hours of operation of per sonal watercraft; to provide for an observer in vessels towing persons on water skis or similar devices; to provide an effective date.
Referred to the Committee on Game, Fish & Parks.

1372

JOURNAL OF THE HOUSE,

SB 609. By Senators Guhl of the 45th, McGuire of the 30th and Gochenour of the 27th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to limit such evidence.
Referred to the Committee on Judiciary.

SB 633. By Senator Madden of the 47th:
A bill to provide a new charter for the City of Canon; to provide for incorpo ration, boundaries, and powers of the city; to provide for a governing author ity of such city and powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 671. By Senator Coleman of the 1st:
A bill to amend Chapter 3 of Title 25 of the Official Code of Georgia Anno tated, relating to local fire departments generally, so as to authorize a sub scription fire department to charge certain fees and be reimbursed for rendering fire protection or similar emergency services on property not cov ered by fire protection services through subscription within the subscription fire department's fire district; to provide a short title; to provide for declara tion of purpose.
Referred to the Committee on Public Safety.

SB 687. By Senator Kemp of the 3rd:
A bill to amend an Act providing for terms, districts, and qualifications of the Commissioners of Mclntosh County, and providing for nomination of candidates for such offices, as amended, so as to provide for four-year terms; to change the qualifications for commissioners; to provide for the expiration of terms of commissioners in office on the effective date of this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 691. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Magistrate Court of Glynn County, as amended, so as to redesignate the presiding officer of the Magistrate Court of Glynn County as chief magistrate; to provide for the partisan election of the chief magistrate of the Magistrate Court of Glynn County; to provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 692. By Senator Blitch of the 7th:
A bill to amend an Act creating the board of commissioners for Charlton County, as amended, so as to change provisions relating to commissioner dis tricts; to provide for submission of this Act to the United States Attorney General; to provide for automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 25, 1994

1373

SB 693. By Senator Blitch of the 7th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, as amended, so as to change provi sions relating to education districts; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 392. By Senators Farrow of the 54th, Ralston of the 51st and Oliver of the 42nd:
A resolution proposing an amendment to the Constitution so as to provide that the rules establishing venue for where divorce cases may be tried shall also apply to separate maintenance cases where spouses are living separately and no action for divorce is pending; to provide for submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 1012. By Representatives Bates of the 179th and Titus of the 180th:
A resolution authorizing the conveyance of certain state owned real property located in Grady County.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 1012 was ordered immediately transmitted to the Senate.

HR 1001.

By Representative Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.

By unanimous consent, HR 1001 was postponed until Monday, February 28, 1994.

HR 966. By Representatives Hegstrom of the 66th, Byrd of the 170th, Dobbs of the 92nd and Dixon of the 150th:
A resolution authorizing the conveyance of two acres of certain state owned real property located in Lumpkin County.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 93, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

1374

JOURNAL OF THE HOUSE,

HB 1705.

By Representatives Purcell of the 147th, Benefield of the 96th, Reaves of the 178th, Royal of the 164th, Hanner of the 159th and others:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to establish the Natural Disaster Relief Fund; to provide for authorized deductions from state income tax refunds by the Department of Revenue for transfer to such fund.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y 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 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 E 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 Ehrhart YEpps
Evans Felton Y Floyd, J.M Y Floyd, J.W
E Godbee Golden
Y Goodwin Y Greene Y Groover Y Hammond
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 Irvin
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
Lewis YLord
Y Lucas Maddox
Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfleld 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, P Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus
Y Towery Y Trense
Turnquest
E 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 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 260. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia 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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became

FRIDAY, FEBRUARY 25, 1994

1375

members on or after July 1, 1982, so as to provide that such members shall receive credit able service for forfeited annual and sick leave; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to members of the Employees' Retirement System of Georgia who first or again became members on or after July 1, 1982, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Members subject to this Code section shall be subject to the following condi tions:
(1) The provisions of subsection (d) of Code Section 47-2-120 shall not be applica ble to members subject to this Code section;
(2) Except as otherwise provided in Code Sections 47-2-204 and 47-2-266 and para graph (3) of this subsection, no service shall constitute creditable service except mem bership service for which the full rate of employee membership contributions and employer contributions are made pursuant to subsections (c) and (d) of this Code sec tion; and
(3) The provisions of Code Section 47-2-91 shall et be applicable to members subject to this Code section; provided, however, that such benefits shall be subject to reduction or repeal by subsequent legislation and shall not be considered an element of any contract of employment."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the 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 YBuck Y Buckner Y 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 E 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 Y Dobbs Y Ehrhart YEpps

Evans Felton Y Floyd, J.M Y Floyd, J.W E Godbee Y Golden Y Goodwin
Y Greene N Groover
Y Hammond 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 Irvin Y James

Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce NKaye Y Kinnamon Y Klein NLadd Y Lakly Y Lane, D Y Lane, R N Lawrence Y Lawson YLee Y Lewis YLord
Lucas Maddox YMann Y Martin Y McBee

E McClinton McKinney
Y Milam Y Mills Y Mobley, B Y Mobley, J
Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham
Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Polak
Y Porter
Y Poston Y Powell
Purcell, A Purcell, B

1376

JOURNAL OF THE HOUSE,

Randall
Y Randolph Y Ray
Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill

Y Shipp
Y Simpson Sinkfield
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
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague

Y Teper
Y Thomas Y Tillman
Y Titus Y Towery Y Trense
Turnquest E Twiggs Y Vaughan Y Walker

Wall
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 142, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1623. By Representatives Culbreth of the 132nd, Williams of the 114th, Burkhalter of the 41st and Stanley of the 49th:
A bill to amend Chapter 14 of Title 33 of the Official Code of Georgia Anno tated, relating to domestic stock and mutual insurers, so as to revise require ments for procedures relative to the conversion of a mutual insurer to a stock insurer; to provide for the continuation of corporate existence.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to revise requirements for procedures relative to the conversion of a mutual insurer to a stock insurer; to provide for the continuation of corporate existence; to provide for the use of corporate names; to provide for procedures for conversion to a stock insurer of a mutual insurer which is insolvent or does not meet certain requirements; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, is amended by striking subsection (c) of Code Sec tion 33-14-7, relating to names of domestic mutual or stock insurance corporations, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) K Except as provided in subsection (d) of Code Section 33-14-76 with regard to converted insurers, if the corporation is a mutual insurer, the term 'mutual' shall also be a part of the name."
Section 2. Said chapter is further amended by striking Code Section 33-14-76, relat ing to the authorization and procedure for conversion of a mutual insurer to a stock insurer, and inserting in lieu thereof a new Code Section 33-14-76 to read as follows:
"33-14-76. (a) A mutual insurer may become a stock insurer under any plan and procedure as may be approved by the Commissioner.
(b) The Commissioner shall not approve the plan or procedure unless: (1) It is equitable to the insurer's members; (2) It is subject to approval by vote of not less than three-fourths 60 percent of
the insurer's current members voting who cast votes on such plan in person, by proxy, or by mail at a meeting of members called for the purpose pursuant to ten 20 days' notice and procedure as may be approved by the Commissioner;
(3) If a life insurer, the right to vote may be limited as the bylaws shall provide to members whose policies are other than term or group policies and have been in effect for more than one year;

FRIDAY, FEBRUARY 25, 1994

1377

(4) The equity of each policyholder in the insurer is determinable under a fair for mula approved by the Commissioner, which equity shall be based upon not less than the insurer's entire statutory surplus after deducting contributed or borrowed surplus funds plus a reasonable present equity in its reserves and in all nonadmitted assets2 less expenses of the conversion;
(5) The policyholder policyholders entitled to participate in the purchase of stock or distributing of assets shall include all current policyholders an4 aW existing persons
plan was submitted te the Commissioner who own a policy for which all premiums due have been fully paid on the date the plan was adopted by the board of directors of the insurer;
(6) The plan gives to each policyholder of the insurer as specified in paragraph (5) of this subsection a preemptive right to acquire his or her proportionate part of all of the proposed capital stock of the insurer within a designated reasonable period and to apply upon the purchase price thereof the amount of his or her equity in the insurer as determined in paragraph (4) of this subsection;
(7) Shares are so offered to policyholders at a price not greater than that to be thereafter offered to others btrt at net store than double th par value ef the sho-es;
(8) The plan provides for payment, to each policyholder not electing to apply his or her equity in the insurer for or upon the purchase price of stock to which preemptively entitled, of cash in the amount of not less than 50 percent of the amount of his or her equity not so used for the purchase of stock, which cash payment together with stock so purchased, if any, shall constitute full payment and discharge of the policyholder's equity as an owner of the mutual insurer; and
(9) The plan when completed would provide for the converted insurer paid-in capi tal stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance together with surplus funds in an amount required for the insurer under this title. (c) The corporate existence of a mutual insurer converting to a stock insurer pursu ant to this Code section shall not terminate upon such conversion, but the new stock insurer shall be deemed to be a continuation of the mutual insurer and to have been organized on the date the mutual insurer was originally organized. (d) The insurer which has converted from a mutual to a stock company may con tinue to use its old name or may change its name pursuant to the laws of this state. In the event the converted insurer continues to use the word mutual in its name, then it shall include words after its name identifying the converted insurer as a stock insurer. (e) (1) The Commissioner may approve any plan or procedure to become a stock insurer filed by a mutual insurer which at the time of the filing of such plan or proce dure is insolvent or does not meet the minimum statutory surplus requirements, pro vided that such plan or procedure, on the date such plan or procedure is completed, would provide for the converted insurer paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance together with surplus funds in an amount required for the insurer under this title. The mutual insurer may provide in the plan or procedure for the waiver of the requirement to give notice to policyholders, to obtain policyholder approval of the plan or procedure, or to make any distribution of the policyholders' equity in the mutual insurer to any policyholder where the value of the mutual insurer, due to its insolvency or its failure to meet minimum statutory surplus require ments, does not warrant any such notice, approval, or distribution under the circum stances, including the expense involved in such a distribution.
(2) A plan or procedure described in paragraph (1) of this subsection must include a description of how the mutual insurer will meet the statutory surplus and capital requirements on the date the plan or procedure is completed, which may involve the issuance and sale directly to one or more purchasers of the capital stock of the con verted insurer or of a corporation which will own 100 percent of the converted insurer."

1378

JOURNAL OF THE HOUSE,

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benefield
Birdsong
Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd 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 E 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 Y Dobbs Y Ehrhart YEpps
Evans Felton Y Floyd, J.M Floyd, J.W
E Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland
Y Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis
YLord Lucas Maddox
YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten
Pelote Y Perry
Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P
Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest
E 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 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act entitled "An Act to continue the Fulton County School Employees Pension Fund," enacted by the General Assembly as 1994 House Bill 1543 and signed into

FRIDAY, FEBRUARY 25, 1994

1379

law in 1994, so as to provide that benefits shall be computed on the total number of a member's service up to 40 years; to provide that participation in surviving spouse's and minor child's or children's benefits shall be optional; to provide for a minimum pension benefit; to change the method of calculating a year of service; to provide additional retire ment benefits for certain members; to define certain terms; to provide for the payment of employee contributions to the Teachers Retirement System of Georgia; to provide that cer tain members of the Fulton County School Employees Pension Fund shall be authorized to retire upon attaining 30 years of creditable service regardless of age; to provide condi tions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act entitled "An Act to continue the Fulton County School Employees Pension Fund," enacted by the General Assembly as 1994 House Bill 1543 and signed into law in 1994, is amended by inserting immediately following Section 5D of Article 1 of said Act the following:
"Section 5E. Minimum pension benefits. Notwithstanding any other provision of this Act, no person who is a pensioner on July 1, 1994, or who retires after that date shall receive a pension in an amount not less than a sum equal to $17.00 per month multi plied by the number of the pensioner's years of creditable service, not to exceed 40 years. The minimum pension which shall be payable to the beneficiary of any such per son shall be 70 percent of the pension received by such person. Any cost of living adjust ments due to any pensioner or beneficiary shall be based on the pension he or she would be entitled to receive under this Act without regard to the provisions of this section, and no such increase shall operate to increase the minimum pension guaranteed by this sec tion. The provisions of this section shall not apply to any person who is receiving a pen sion under the Teachers Retirement System of Georgia.
Section 5F. Benefits computed on the total number of years of service. Notwithstand ing any other provision of this Act, pension benefits shall be computed on the total number of years of creditable service rendered by an employee not exceeding 40 years."
Section 2. Said Act is further amended by striking in their entireties subsections (b) and (d) of Section 6A of Article 1 of said Act and inserting in lieu thereof, respectively, the following:
"(b) An employee may designate his or her spouse or minor child or children as ben eficiary upon making back payments of the contribution provided by subsection (a) of this section, such designation to be made at any time during such employee's active ser vice. If an employee, after having designated a spouse or minor child or children as ben eficiary, should cease to have a beneficiary qualified to receive a pension under this Act because all such beneficiaries have died, the youngest minor child designated as a bene ficiary has married or attained the age of 21 years, or the member and the spouse have divorced, then such member may at his or her option cease to make further contribu tions for such member's spouse or minor child or children as beneficiary, in which event contributions theretofore made for the benefit of a spouse or minor child or children shall not be refunded except in accordance with the provisions of Section 9 of this arti cle."
"(d) Effective February 25, 1949, participation for the benefit of a member's widow or minor child or children shall be compulsory as to all members employed on or after that date having either a wife or a minor child or children unmarried and under the age of 21 years; provided, however, that on and after July 1, 1994, participation for the ben efit of a member's widow or minor child or children shall be voluntary and not compul sory. Nothing in this subsection shall authorize the refund of contributions made for such benefit coverage which was actually provided."
Section 3. Said Act is further amended by striking in its entirety Section 24 of Arti cle 1 of said Act and inserting in lieu thereof the following:
"Section 24. Travel allowance -- pension board members. Members of the pension board shall receive as a travel allowance the mileage rate paid employees of the Fulton

1380

JOURNAL OF THE HOUSE,

County Board of Education for the actual number of miles traveled in Fulton County for the purpose of attending meetings of the pension board, not exceeding 24 meetings per year, to be paid by checks drawn on the pension fund."
Section 4. Said Act is further amended by striking in its entirety Section 29 of Arti cle 1 of said Act, which reads as follows:
"Section 29. Computation of years of service. The amount of pension allowed to a member or to his or her beneficiary under all provisions of this Act shall be measured by the whole number of years of service of such retiring member plus an additional frac tional part of the pension allowable for an additional year corresponding to the whole number of months of service which have been completed on the payroll in the additional current year of employment when the right to a pension accrues.", and inserting in lieu thereof the following:
"Section 29. Computation of years of service. A year of service shall consist of the completion of nine months of contract service during the period from July 1 through June 1 of any fiscal year; provided, however, that no person shall receive more than one year of service for all service rendered during such period. If an employee renders less than nine months of service during any such period, he or she shall receive credit for a fraction of a year computed by dividing the number of months of service by nine months."
Section 5. Said Act is further amended by inserting at the end of Article 1 of said Act the following:
"Section 38. Additional benefits for certain members, (a) As used in this section, the term:
(1) 'Eligible person' means an employee of the board of education who is receiving a retirement benefit under the Teachers Retirement System of Georgia who had con tinuous service as an employee of the board of education immediately prior to becom ing eligible for such retirement benefit interrupted only by a leave of absence duly authorized by the board of education, who was a member of the pension fund prior to becoming a member of such retirement system, and who became a member of such retirement system after July 1, 1988, while employed by the board of education. Such term shall not include any person who became a member of the Teachers Retirement System of Georgia pursuant to the provisions of Code Section 47-3-67 of the O.C.G.A.
(2) 'TRS' means the Teachers Retirement System of Georgia created by Chapter 3 of Title 47 of the O.C.G.A. (b) If the retirement benefit which an eligible person or the beneficiary of an eligible person receives or, except for the election of an optional retirement benefit would receive as calculated according to the provisions of Code Section 47-3-120, under the TRS is less than the pension such person would have received if he or she had contin ued membership in the pension fund, then the pension board shall pay to such eligible person or beneficiary a benefit amount equal to the difference between the amount of the benefit such person is receiving under the TRS and the amount he or she would have received under the pension fund. The calculation of the benefit such person would have received under the pension fund shall be based on the rights which the eligible per son had under the pension fund at the time he of she became a member of the TRS together with any rights which would have accrued to such person under the pension fund after that date for continuous service as an employee of the board of education; provided, however, that any amendment to this Act which became effective after the eli gible person became a member of the TRS shall not be considered in the determination of such rights. The benefits under this subsection shall be payable only if the eligible person pays to the pension fund the amount of employee contributions which he or she would have paid as a member of the pension fund less the amount of the employee con tribution which were to the TRS by or on behalf of such person. (c) The amount each eligible person shall pay to the TRS as an employee contribu tion shall not exceed an amount equal to the percentage of salary such person would have paid to the pension fund if he or she had remained a member. If such amount is

FRIDAY, FEBRUARY 25, 1994

1381

less than the amount of employee contribution required by the TRS, the board of edu cation shall pay to the TRS the difference between the two amounts; provided, however, that any increase in the employee contribution to the TRS in excess of 6 percent shall be paid by the eligible person."
Section 6. Said Act is further amended by striking in its entirety Subsection (c) of Section 1 of Subarticle B of Article II and inserting in lieu thereof the following:
"(c) Any employee who elects to come under the terms of this subarticle must attain the age of 60 years and have served 25 years or have served for at least 30 years regard less of age before being eligible to retire and receive the benefits, as provided by this subarticle; provided, however, that any teacher or employee who has served 25 years and who has attained the age of 55 years may elect to retire on a reduced pension, said reduction to be one-twelfth of 2 percent per month for each month the teacher or employee lacks in being 60 years of age; provided, further, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of total and permanent disability."
Section 7. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks. T Brown Y Buck Buckner Bunn Y Burkhalter YByrd Campbell Canty Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B E 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 Ehrhart YEpps Y Evans
Felton Floyd, J.M Y Floyd, J.W E 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 Hembree Y Henson Y Holland Y Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Maddox Y Mann Y Martin Y McBee E McClinton McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper

Y Smith, C
Y Smith, L
Y Smith, P
Y Smith, T
Y Smith, V
Y Smith, W
Y Smyre
YSnow
Y Stancil, F
Stancil, S
Y Stanley, L
Y Stanley, P
Y Stephenson
Y Streat
Y Taylor
Y Teague Y Teper
Y Thomas
Y Tillman
Y Titus Y Towery
Y Trense Turnquest
E Twiggs Y Vaughan
Walker Y Wall Y Watson
Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates
Yeargin Murphy, Spkr

1382

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Rep. Bill Hembree of District 98 was away from the floor when a vote was taken on HB 913, Fulton Co.; school employees pension fund; amend provisions. He would like to vote yes. This bill passed 147-0.
Thank you, /s/ Bill Hembree
2/25/94

HB 1459. By Representatives Porter of the 143rd, Bostick of the 165th, Thomas of the 100th, Poston of the 3rd, Lawson of the 20th and others:
A bill to amend Chapter 32 of Title 36 of the Official Code of Georgia Anno tated, relating to municipal courts, so as to create the Council of Municipal Court Judges of Georgia.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
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 E 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
Ehrhart YEpps
Evans Felton Y Floyd, J.M Y Floyd, J.W E 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
Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson,G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley
Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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 Stephensun
Y Streat Y Taylor
Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery
Y Trense Turnquest
E 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 151, nays 0. The Bill, having received the requisite constitutional majority, was

FRIDAY, FEBRUARY 25, 1994

1383

HB 1274. By Representatives Coleman of the 142nd, Buck of the 135th, Walker of the 141st, Greene of the 158th and Parrish of the 144th:
A bill to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, the "Georgia Fiscal Note Act," so as to change provisions relating to the requesting, preparation, and consideration of fiscal notes.

The following amendment was read and withdrawn:

Representative Poston of the 3rd moves to amend HB 1274 as follows:
Page 1 line 4 after semi-colon add:
"To define 'significant' impact;"
Page 1 line 26 after period:
"Significant impact" shall be defined as that which is anticipated to cause public funds to be expended in any annum in an amount over one hundred thousand dollars, including any aggregate initial costs that are not continuing in nature."

The following amendment was read:

Representative Poston of the 3rd moves to amend HB 1274 as follows: Page 2 line 12 after the period add the following: "This requirement may also be waived by the full body of either chamber." Page 2 line 14 change the period to a comma and add: "or by the affirmative vote of a majority of the members of either chamber voting as a whole." Page 2 line 14 after "committee" add or "body as a whole".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Ashe N Atkins N Bailey
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
N Buck N Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty
N Carlisle N Carrell N Carter

Cauthorn Y Chambless N Chandler N Channell N Childers N Clark N Coker Y Coleman, B E Coleman, T
Colwell N Connell N Cox N Crawford
Y Crews N Culbreth
N Cummings Davis, G
N Davis, M Y Dickinson Y Dix
Dixon, H N Dixon, S
Dobbs Ehrhart
N Epps Y Evans
Felton

N Floyd, J.M N Floyd, J.W E Godbee N Golden N Goodwin N Greene N Groover N Hammond N Manner N Harris, B Y Harris, M
Hart N Heard
N Hegstrom Y Hembree
N Henson Holland
N Holmes N Howard N Hudson N Hughes N Hugley Y Irvin
James
Jamieson N Jenkins N Johnson, D.H

N Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye N Kinnamon N Klein N Ladd N Lakly N Lane, D N Lane, R
Y Lawrence Y Lawson
N Lee N Lewis
N Lord N Lucas
Maddox Y Mann N Martin N McBee E McClinton
McKinney N Milain Y Mills

N Mobley, B N Mobley, J N Moore N Mosley
Mueller E Oliver N O'Neal
Orrock N Padgett E Parham N Parrish N Patten N Pelote
N Perry Y Pinholster
Y Poag N Polak
Y Porter Y Poston N Powell N Purcell, A
Purcell, B Randall N Randolph
Ray N Reaves N Reichert

1384

JOURNAL OP THE HOUSE,

Roberts
N Royal Y Scoggins
Shanahan N Sherrill N Shipp Y Simpson N Sinkfield N Skipper

N Smith, C N Smith, L Y Smith, P N Smith, T
Smith, V Smith, W
N Smyre
N Snow
N Stancil, F

Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague Y Teper N Thomas

N Tillman N Titus N Towery
Trense Turnquest E Twiggs
N Vaughan N Walker Y Wall

On the adoption of the amendment, the ayes were 33, nays 111. The amendment was lost.

N Watson N Watts N Westmoreland
White Y Williams, B N Williams, R Y Yates
Yeargin
Murphy, Spkr

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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
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 E 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
Ehrhart Y Epps Y Evans
Felton
Y Floyd, J.M Y Floyd, J.W E Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B
Y Harris, M
Hart Y Heard
Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes

Y Howard
Y Hudson Y Hughes
Y Hugley
Y Irvin
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 N Kaye Y Kinnamon
Y Klein YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis Y Lord
Lucas
Maddox
YMann
Y Martin Y McBee
E McClinton
McKinney
Y Milam
Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley
Mueller
E Oliver Y O'Neal
Y Orrock Y Padgett
E Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Y Porter
Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph YRay Y Reaves
Y Reichert
Roberts
Y Royal
Y Scoggins Y Shanahan
Y Sherrill Y Shipp
Y Simpson Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague
Y Teper
Y Thomas Y Tillman Y Titus
Y Towery
Y Trense Turnquest
E 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 Bill, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the Senate was read:

SR 563. By Senators Robinson of the 16th, Ray of the 19th and Scott of the 36th

A RESOLUTION Relative to adjournment; and for other purposes.

FRIDAY, FEBRUARY 25, 1994

1385

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 25, 1994, and shall reconvene on Monday, February 28, 1994.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on Monday, February 28, 1994, may be as ordered by the Senate; and the hour for convening the House on Monday, February 28, 1994, 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
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 Y Channell Y Childers Y Clark Y Coker Y Coleman, B E Coleman, T

Colwell Y Connell
YCox Y Crawford Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S
Dobbs Ehrhart
YEpps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W E Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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
YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Maddox Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten
Y Pelote Y Perry
Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Royal
Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Y Tillman Titus
Y Towery Y Trense
Turnquest E 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 152, nays 0. The Resolution was adopted.

Representative Jones of the 71st arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1025.

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 commending Nancy Mewborn Burton and inviting her to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

1386

JOURNAL OF THE HOUSE,

HB 1768.

By Representatives Smith of the 175th, Coleman of the 80th, Canty of the 52nd, Godbee of the 145th and Hart of the 116th:
A bill to amend Code Section 20-2-152 of the Official Code of Georgia Anno tated, relating to special education services, so as to change the eligibility cri teria for state funded special education programs for the intellectually gifted.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, so as to change the eligibility criteria for state funded special education programs for the intellectually gifted; to provide for implementation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-152 of the Official Code of Georgia Annotated, relating to special education services, is amended by adding after subsection (a) thereof the follow ing:
"(a.l) The criteria adopted by the state board to determine the eligibility of students for state funded special education programs for the intellectually gifted, Category V pur suant to paragraph (5) of subsection (d) of this Code section, shall authorize local boards of education to use:
(1) The criteria used on July 1, 1993, as amended by state board or state depart ment regulation from time to time; and
(2) Multiple eligibility criteria which include: (A) Evidence of student work product or performance; (B) Data from teacher, parent, or peer observation; and (C) Evidence of student performance on nationally normed standardized tests of
mental ability, achievement, and creativity. A student's eligibility may be determined under either paragraph (1) or (2) of this sub section. The multiple eligibility criteria shall be implemented as appropriate staff devel opment is completed, but not later than August 1, 1998. A student who has been determined before July 1, 1994, to be eligible for state funded special education pro grams for the intellectually gifted shall not be required to satisfy any additional eligibil ity criteria or information documentation as a result of this subsection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1906.

By Representatives Connell of the 115th, Williams of the 114th, Brown of the 117th, Hart of the 116th, Padgett of the 119th and others:
A bill to amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to change the provisions relating to the Georgia Golf Hall of Fame Board and the membership thereof.

The following amendment was read and adopted:

FRIDAY, FEBRUARY 25, 1994

1387

Representatives Buck of the 135th and Connell of the 115th move to amend HB 1906 by striking "members to be appointed by the Governor" on line 18 of page 1 and inserting in its place the following:
"members te fee appointed by the Governor. Nine members shall be appointed bjr the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives."
By inserting ", the Lieutenant Governor, and the Speaker of the House of Representa tives" between "Governor" and "shall" on line 24 of page 1.

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
Barfoot Y Bargeron Y Barnes
Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D 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 E Coleman, T

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 Y Dobbs Y Ehrhart YEpps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W
E Godbee Y Golden Y Goodwin
Y Greene Y Groover Y Hammond
Manner Y Harris, B Y Harris, M
Hart Y Heard
Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis Y Lord Y Lucas
Maddox NMann Y Martin Y McBee E McClinton
McKinney Y Milam
N Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague N Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Turnquest
E Twiggs Y Vaughan Y Walker
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, as amended, the ayes were 143, nays 8.
The Bill, having received the requisite constitutional majority, was passed, amended.

HB 1906
Please record me as voting "yes" - I pressed the green light and it didn't light up.
/s/ Michelle Henson 65th

1388

JOURNAL OF THE HOUSE,

HB 1627.

By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th:
A bill to amend Chapter 9 of Title 45 of the Official Code of Georgia Anno tated, relating to insuring and indemnification of public officers and employ ees, so as to authorize the Department of Children and Youth Services to obtain liability insurance coverage through the state self-insurance program for vehicles operated by employees of nonprofit agencies contracting with the Department of Children and Youth Services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 1.
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 amendments or substitutes thereto:

HB 1241.

By Representatives Watson of the 139th, Walker of the 141st, Floyd of the 138th and Ray of the 128th:
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 to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of supporting a museum of aviation.

The following Senate amendment was read:

Amend HB 1241 by adding on line 10 of page 1 immediately after the word and sym bol "facilities;" the following:
"to authorize expenditure of a certain portion of the tax proceeds for pedestrian trails or walkways under certain circumstances;".
By striking on line 34 of page 3 the word "or".
By adding on line 9 on page 4 immediately after the number "1993" the following:
"i PI (F) a system of bicycle or pedestrian trails or walkways or both connecting a his toric district within the levying county or municipality and surrounding areas (and with respect to this purpose (F) construction and expansion shall include acquisition and development), if not later than December 1 1993, the county or municipality has adopted ordinances, resolutions, or contracts which: (i) designate such historic district; (ii) obligate the county or municipality to provide funds to promote tourism to a historic district owners and business association which qualifies as a private sector nonprofit organization under subparagraph (a)(8)(A) of this Code section and Section 501(c)(6) of the Internal Revenue Code; (iii) provide a 'comprehensive plan' as provided for in Chap ters 70 and 71 of Title 36; (iv) provide a transportation plan as a component of such comprehensive plan; and (v) provide a recreation plan which is designed to identify recreation needs through the year 2000 and which includes provisions for such system of trails or walkways or both; provided that the authority to expend funds for such sys tem of trails or walkways or both shall expire when all capital costs of the initial acquisi tion, construction, and development of such system as identified in the relevant plan have been paid and in no event later than July lj 1999".

FRIDAY, FEBRUARY 25, 1994

1389

Representative Watson of the 139th moved that the House agree to the Senate amendment to HB 1241.
On the motion, 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 Y Breedlove Y Brooks, D
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 N Channell
Y Childers Clark
Y Coker Y Coleman, B E 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
Dobbs Y Ehrhart
YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W E 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 Irvin 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
Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 151, nays 1. The motion prevailed.

Y Mobley, B Y Mobley, J
Y Moore Y Mosley
Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest E Twiggs Y Vaughan Y Walker Y Wall Y Watson
Watts Y Westmoreland Y White Y Williams, B
Y Williams, R Yates
Y Yeargin Murphy, Spkr

HB 574. By Representatives Cauthorn of the 35th, Martin of the 47th, Hammond of the 32nd and Henson of the 65th:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, related to the regulation of specialized land transactions, so as to pro vide for the governance of certain property owners' associations and developments; to provide a short title.

The following Senate amendment was read:

Amend HB 574 as follows: on line 13, page 9, replace "1993" with "1994" and on line 1, page 20, replace "1993" with "1994".

Representative Cauthorn of the 35th moved that the House agree to the Senate amendment to HB 574.
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
Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove
Brooks, D

1390

JOURNAL OF THE HOUSE,

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
Clark Y Coker Y Coleman, B E Coleman, T Y Colwell
Connell YCox
Y Crawford Y Crews Y Culbreth
Cummings Davis, G Davis, M Y Dickinson YDix Dixon, H

Dixon, S
Dobbs Y Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W E 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
Hudson Y Hughes Y Hugley Y Irvin 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
Y Lee Y Lewis
YLord Y Lucas
Maddox YMann
Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore
Y Mosley Mueller
E Oliver

On the motion, the ayes were 144, nays 0. The motion prevailed.

Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote
Y Perry Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph
YRay Y Reaves
Y Reichert Roberts
Y Royal
Y Scoggins Y Shanahan Y Sherrill
Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, L
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, P Y Stephenson
Streat Y Taylor
Teague
Y Teper Y Thomas Y Tillman
Titus Y Towery Y Trense
Turnquest E 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 1321.

By Representatives Cauthorn of the 35th, Barnes of the 33rd, Hammond of the 32nd, Groover of the 125th, Thomas of the 100th and others:
A bill to amend Code Section 9-11-28 of the Official Code of Georgia Anno tated, relating to persons before whom depositions may be taken, so as to disallow waiver of disqualification of a court report for interest; to provide for disclosure; to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters.

The following Senate amendment was read:

Amend HB 1321 by striking line 9 of page 1 and inserting the following:
"provide that negotiating or bidding reasonable fees for services on a case-by-case basis shall not be prohibited; to provide that violation of said prohibition or of Code".
By striking line 4 of page 7 and inserting the following:
"in an action are prohibited. Attorneys shall not be prohibited from negotiating or bidding reasonable fees for services on a case-by-case basis."

Representative Cauthorn of the 35th moved that the House agree to the Senate amendment to HB 1321.
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
Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick N Breedlove
Y Brooks, D

FRIDAY, FEBRUARY 25, 1994

1391

Brooks, T Brown YBuck Y Buckner Y Bunn N 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 E 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 Ehrhart Y Epps Y Evans Y Felton Y Floyd, J.M
Floyd, J.W E Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B Y Harris, M YHart
Y Heard Hegstrom
Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson Y Hughes Y Hugley Y Irvin 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
Lawrence Lawson
YLee Y Lewis YLord Y Lucas
Maddox Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver

On the motion, the ayes were 145, nays 2. The motion prevailed.

Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote
Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield 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 Tillman Titus
Y Towery Y Trense
Turnquest E Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

HB 1181. By Representatives Lane of the 55th, Polak of the 67th, Lakly of the 105th and Burkhalter of the 41st:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats released for adoption by a public animal shelter shall be sterilized.

The following Senate substitute was read:

A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide that all dogs and cats sold or otherwise exchanged by a public or private animal shelter, an animal control agency operated by a political subdivision of this state, a humane society, or a public or private animal refuge shall be sterilized; to provide for procedures; to provide for exceptions; to provide for penalties; to provide for related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Chapter 14 to read as follows:
"CHAPTER 14
4-14-1. The General Assembly finds that the breeding of dogs and cats acquired from public or private animal shelters, animal control agencies operated by political subdivi sions of this state, humane societies, or public or private animal refuges in the State of Georgia results in the birth of thousands of animals who become strays, suffer privation

1392

JOURNAL OF THE HOUSE,

and death, constitute a public nuisance and health hazard, and, ultimately, are impounded and destroyed at great public expense. It is therefore declared to be the pub lic policy of this state that preventing the breeding of dogs and cats acquired from such shelters, animal control agencies, humane societies, or public or private animal refuges be encouraged.
4-14-2. As used in this chapter, the term: (1) 'Animal shelter' means any facility operated by or under contract for the state
or any county, municipal corporation, or other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinar ian or veterinarians which operates for such purpose in addition to its customary pur poses; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of pro viding for and promoting the welfare, protection, and humane treatment of animals.
(2) 'Humane society' means any unincorporated nonprofit organization existing for the purpose of prevention of cruelty to animals.
(3) 'Public or private animal refuge' means harborers of unwanted animals of any breed, including crossbreeds, who provide food, shelter, and confinement for a group of dogs, a group of cats, or a combination of dogs and cats.
(4) 'Sexually mature animal' means any dog or cat that has reached the age of 180 days or six months or more.
(5) 'Sterilization' means the surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce. 4-14-3. (a) Any public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from such shelter, agency, society, or refuge by:
(1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or
(2) Entering into a written agreement with the person acquiring such animal guar anteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal;
provided, however, that the requirements of this Code section shall not apply to any pri vately owned animal which any such shelter, agency, society, or refuge may have in its possession for any reason if the owner of such animal claims or presents evidence that such animal is the property of such person.
(b) All costs of sterilization pursuant to this Code section shall be the responsibility of the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the shelter, agency, society, or refuge for such animal.
(c) Any person acquiring an animal from a public or private animal shelter, animal control agency operated by a political subdivision of this state, humane society, or public or private animal refuge, which animal is not sterile at the time of acquisition, shall sub mit to the animal shelter, animal control agency, humane society, or public or private animal refuge a signed statement from the licensed veterinarian performing the steriliza
tion required by paragraph (2) of subsection (a) of this Code section within seven days after such sterilization attesting that such sterilization has been performed.
(d) Every public or private animal shelter, animal control agency operated by a polit
ical subdivision of this state, humane society, or public or private animal refuge selling or offering for sale or exchange any dog or cat shall maintain and furnish to any person
acquiring an animal from such shelter, agency, society, or refuge a current list of veteri narians licensed in this state who have notified the shelter, agency, society, or refuge
that they are willing to perform sterilizations and the cost for such procedures. 4-14-4. It shall be a misdemeanor to fail or refuse to comply with the requirements
of Code Section 4-14-3 and any person convicted of said misdemeanor shall be subject to a fine not to exceed $200.00.

FRIDAY, FEBRUARY 25, 1994

1393

4-14-5. This chapter shall not prohibit the adoption by any political subdivision of this state of shelter policies which are more stringent than the requirements of this chapter."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 55th moved that the House agree to the Senate substitute to HB 1181.
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
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 E 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 Ehrhart YEpps Y Evans Y Felton Y Floyd, J.M
Floyd, J.W E Godbee Y Golden Y 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 Y Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Y Lucas Maddox
YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

On the motion, the ayes were 150, nays 0. The motion prevailed.

Y Mobley, B Y Mobley, J
Moore Y Mosley
Mueller E Oliver Y O'Neal Y Orrock Y Padgett
E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson
Y Sinkfield 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, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Y Thomas Tillman Titus
Y Towery Y Trense
Turnquest E 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 1281. By Representative Randall of the 127th:
A bill to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation in probate courts, so as to provide for certain additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians.

The following Senate substitute was read:

A BILL
To amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to costs and compensation in probate courts, so as to provide for certain

1394

JOURNAL OF THE HOUSE,

additional costs for specific services; to amend Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, so as to change the provisions relating to the oaths of office of guardians; to amend Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualifications of administrators and executors, so as to change the provisions relative to the appointment and qualification of administrators and executors; to amend Code Section 53-7-50 of the Official Code of Georgia Annotated, relating to property upon which levy may be made on judgment on fiduciary's bond, so as to autho rize the probate court to grant judgment and execution in favor of a surety against a prin cipal; to amend Part 1 of Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and conveyances of estate prop erty by administrators and executors, so as to provide for sales of estate property by tem porary administrators; 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 costs and compensation in probate courts, is amended by adding at the end of subsection (a) of Code Section 15-9-60, relating to costs, new paragraphs (29), (30), (31), and (32) to read as follows:
"(29) Requests to terminate temporary guardianship of a minor...............................12.00
(30) Petition to remove obstruction from a private way...............................................49.00
(31) Application by administrator for waiver of bond or grant of cer tain powers ..............................................................................................................49.00
(32) Alcoholics and drug users (petition to determine the issue of hospitalization under Chapter 7 of Title 37);
For whole service in connection with each such case.............................................56.00
For services when petition filed but subsequently withdrawn or dismissed before hearing.......................................................................................30.00"
Section 2. Code Section 29-4-12 of the Official Code of Georgia Annotated, relating to appointed guardians, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Before entering upon the duties of feis the appointment, every guardian appointed by the judge of the probate court shall take an oath or affirmation before the judge to perform well and truly the duties required of him as a guardian and to account faithfully to his the ward for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints a guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation."
Section 3. Part 1 of Article 2 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to the appointment and qualification of administrators and executors, is amended by striking Code Sections 53-6-32 and 53-6-33 in their entirety and inserting in lieu thereof new Code Sections 53-6-32 and 53-6-33 to read as follows:
"53-6-32. (a) Every administrator, when qualified (which qualification may be done at any time if appointed at a regular term), shall take and subscribe the following oath or affirmation:
'I do solemnly swear (or affirm) that A.B., deceased, died intestate, so far as I know or believe, and that I will well and truly administer on all the estate of the decedent, and disburse the same as the law requires, and discharge to the best of my ability all my duties as administrator. So help me God.'

FRIDAY, FEBRUARY 25, 1994

1395

(b) The oath or affirmation of an administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints an administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.
53-6-33. (a) Every executor and every administrator with the will annexed, upon qualification, shall take and subscribe the following oath or affirmation:
'I do solemnly swear (or affirm) that this writing contains the true last will of the within-named A.B., deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of the state. So help me God.' (b) The oath or affirmation of an executor or administrator with the will annexed as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints an executor or administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation."
Section 4. Code Section 53-7-50 of the Official Code of Georgia Annotated, relating to property upon which levy may be made on judgment on fiduciary's bond, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Sec tion 53-7-50 to read as follows:
"53-7-50. (a) When a judgment has been obtained against the principal and surety or sureties on the bond of an administrator, executor, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa.
(b) The judge of the probate court shall be authorized to enter a judgment and to issue a writ of execution against the principal and surety or sureties on the bond of an administrator, executor, guardian, or other fiduciary and shall be further authorized to grant judgment and execution in favor of the surety or sureties against the principal upon payment of the judgment by the surety or sureties."
Section 5. Part 1 of Article 2 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and conveyances of estate prop erty by administrators and executors, is amended by striking Code Section 53-8-23, relat ing to the sale of real property generally, and inserting in lieu thereof a new Code Section 53-8-23 to read as follows:
"53-8-23. (a) If at any time it becomes necessary for the payment of the debts of the estate or for the purpose of distribution to sell the real property of the decedent, the administrator or executor shall, by written petition, apply to the judge of the pro bate court for leave to sell, setting forth in the petition the reason therefor; and notice of the same shall be published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed and the judge is satisfied of the truth of the allegation in the petition, an order shall be passed granting the leave to sell and specifying the real property as definitely as possible. The order by the judge granting permission to an executor or an administrator with the will annexed to sell shall be binding, final, and conclusive as to all devisees under the will of the testator regardless of any prior assent of the executor to the devise in the will. Nothing contained in this Code section shall prevent the devisee from entering an appeal from the order within the time provided by law or from filing a claim to the real property prior to the actual sale thereof by the executor or the administrator with the will annexed. Nothing in this Code section shall prevent a bona fide purchaser or mort gagee of the real property who purchased prior to the order of the judge and who holds under a deed or mortgage duly recorded prior to the order from asserting his title to the real property by showing that the executor had assented expressly or impliedly to the devise in the will prior to the order to sell. Nothing contained in this Code section shall limit the powers contained in the will of a decedent.
(b) A temporary administrator of an estate shall be authorized to petition the pro bate court for leave to sell real property following the same procedure as prescribed for the sale of real property by administrators and executors in subsection (a) of this Code section; provided, however, that good cause is shown."

1396

JOURNAL OF THE HOUSE,

Section 6. Said part is further amended by striking in its entirety Code Section 53-8-34, relating to the private sale of estate property, and inserting in lieu thereof a new Code Section 53-8-34 to read as follows:
"53-8-34. (a) The administrator or executor of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at pri vate sale, to pay debts as well as for distribution. Except as otherwise provided, the method of private sale shall be in the same manner as that prescribed for the sale of property by guardians under Code Sections 29-2-3 and 29-2-4; provided, however, that the judge shall consider the petition and shall hear evidence thereon and, if fee the judge shall determine from a consideration of the evidence that the proposed transaction is fair and in the best interests of the estate, he the judge shall, by appropriate order, per mit the sale and direct the disposition of the proceeds of the sale.
(b) A temporary administrator of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at private sale, for good cause shown, following the same procedure as prescribed for administrators and executors in subsection (a) of this Code section.
{b) (c) The adult heirs of the estate who reside within this state shall be served personally with a copy of the petition and citation. For the heirs who are minors or incompetents and who reside within this state, as disclosed by the petition, the judge shall, upon the petition being filed, appoint a guardian or guardians ad litem, who shall be served with a copy of the petition and citation, and such guardian or guardians ad litem shall answer the petition. As to minor or incompetent heirs who reside outside this state, as disclosed by the petition, service shall be made by the judge by registered or certified mail to the last known address of the minors or incompetents, and a guardian or guardians ad litem shall be appointed by the judge, upon the petition being filed, for such minors or incompetents, as provided in this subsection. As to competent adult heirs who reside outside this state, service shall be made by the judge upon such adults by registered or certified mail to the last known address of such heirs.
{e) (d) If upon hearing evidence the judge finds that a transaction proposed by a party other than the petitioner is fairer than the transaction proposed by the petitioner and is in the best interests of the estate, the judge may by appropriate order permit the sale proposed by such other party."
Section 7. 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 substi tute to HB 1281.
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
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown YBuck Y Buckner Bunn
Y Burkhalter YByrd Y Campbell
Y Canty

Y Carlisle Carrell
Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell
Y Childers Y Clark Y Coker Y Coleman, B E 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 Ehrhart YEpps Y Evans
Y Felton Y Floyd, J.M
Y Floyd, J.W E Godbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Manner Y Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Howard Y Hudson Y Hughes Y Hugley Ylrvin
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

Lee Y Lewis YLord Y Lucas
Maddox YMann Y Martin
YMcBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver
Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten

FRIDAY, FEBRUARY 25, 1994

1397

Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph

Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfleld 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, P

On the motion, the ayes were 153, nays 0. The motion prevailed.

Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman Y Titus
Y Towery Y Trense
Turnquest E Twiggs

Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
White Y Williams, B
Y Williams, R Yates Yeargin Murphy, Spkr

HB 1187.

By Representatives Groover of the 125th and Walker of the 141st:
A bill to amend Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to public authorities, so as to create the Georgia Sports Hall of Fame Authority.

The following Senate amendment was read:

Amend HB 1187 by striking line 7 of page 4 and inserting in its place the following:
"(b) The authority shall consist of 12 members, two of whom shall be appointed by the President of the Senate, who shall serve for terms of six years, two of whom shall be appointed by the Speaker of the House of Representatives, who shall serve for terms of six years, and".
By striking line 14 of page 4 and inserting in its place the following:
"of Fame Board. The other five members and successors to".

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Senate amendment to HB 1187 as follows:
By striking the figure "12" on line 5 and inserting "13" and by striking all on lines 11 through 14.

Representative Groover of the 125th moved that the House agree to the Senate amendment, as amended by the House, to HB 1187.
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

Brooks, T
Brown Y Buck Y Buckner
Bunn Y Burkhalter Y Byrd 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 E 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
Dobbs Y Ehrhart Y Epps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W E Godbee Y Golden Y Goodwin Y Greene

Y Groover
Y Hammond Y Banner
Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes

1398

JOURNAL OF THE HOUSE,

Y Hugley Y Irvin Y James Y Jamieson
Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston Y Jones N Joyce
N Kaye Y Kinnamon Y Klein YLadd
Y Lakly Y Lane, D Y Lane, R
Lawrence Y Lawson

YLee Y Lewis YLord Y Lucas
Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Orrock
Y Padgett

E Parham Y Fairish
Patten Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph YRay
Y Reaves Y Reichert
Roberts Y Royal Y Scoggins

Y Shanahan Y Sherrill Y Shipp Y Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P
Y Smith, T Y Smith, V
Y Smith, W Y Smyre YSnow Y Stancil, F
Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson Y Streat Y Taylor

Y Teague Y Teper Y Thomas
Y Tillman Y Titus Y Towery Y Trense
Y Turnquest E Twiggs
Y Vaughan Y Walker Y Wall Y Watson Y Watts
Y Westmorland White
Y Williams, B
Y Williams, R Yates
Y Yeargin Murphy, Spkr

On the motion, the ayes were 148, nays 2. The motion prevailed.

HB 1226. By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to issue certain temporary permits; to define a certain term; to provide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions and related matters.

The following Senate substitute was read:

A BILL
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to authorize the Georgia Real Estate Appraisers Board to adopt rules relative to the issuance of temporary permits; to define a certain term; to pro vide a penalty for a real estate appraiser providing an oral appraisal report in certain transactions; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relat ing to real estate appraisers, is amended by striking in its entirety Code Section 43-39A-6, relating to the seal of the Georgia Real Estate Appraisers Board and related matters, and inserting in lieu thereof the following:
"43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certi fied by the signature of the real estate commissioner or the commissioner's designee and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the his tory of appraisers for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by redesignating subsection (e) of Code Section 43-39A-8, relating to the establishment of appraiser classifications complying with

FRIDAY, FEBRUARY 25, 1994

1399

federal law, as subsection (d) and by striking in its entirety the current subsection (d), which reads as follows:
"(d) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following:
(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property;
(2) An understanding of the basic principles of land economics and the real estate appraisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process;
(3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(4) An understanding of the ethical rules that an appraiser is required to observe; (5) Appropriate knowledge of theories of depreciation cost estimating, methods of capitalization, and the mathematics of real estate appraisal; (6) An understanding of basic real estate law; (7) An understanding of the types of misconduct for which disciplinary proceed ings may be initiated against an appraiser, as set forth in this chapter; and (8) An understanding of such other matters as may confront appraisers in real estate appraisal activity."
Section 3. Said chapter is further amended by inserting at the end of Code Section 43-39A-9, relating to the requirements for out-of-state applicants for a real estate apprais er's license, the following:
"(d) The board is authorized to promulgate rules consistent with guidelines estab lished by the Appraisal Subcommittee for the granting of a temporary practice permit to an appraiser classified in another state in order to allow such appraiser to perform an appraisal for a single federally related transaction on property located in this state."
Section 4. Said chapter is further amended by striking in its entirety Code Section 43-39A-14, relating to grounds for refusing an application for appraiser classification and related matters, and inserting in lieu thereof the following:
"43-39A-14. (a) Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board,
(b) (1) As used in this subsection, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regard
less of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.
(B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. (2) Where an applicant for an appraiser classification has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpi tude, such untrustworthincaa ef the applicant and the conviction in itself may be a sufficient ground for refusal of an appraiser classification. As used in this chapter, the
tdony SAQH include ftwy ortense wnicftj tt coiftHi'tBtd tfi tftis stdte1, would ofr ft icionyj wiuiout rcgspu to its ucsigrifltion ciscwncrej flncij ft& used Hi" til19

applicant fer as appraiser classification has bee arrested, charged, and sentenced for

1400

JOURNAL OF THE HOUSE,

te the charge, or pleaded nete contcndcrc te such charge, such sentencing in itsetf fty fee ft sufficient ground fer refusal ef- n appraiser classification. An applicant for an appraiser classification who has been convicted of any offense enumerated in this sbacction paragraph may be issued an appraiser classification by the board only if:
41} (A) At least five years have passed since the applicant was convicted, sen tenced, or released from any incarceration, whichever is later;
43} (B) No criminal charges are pending against the applicant; and 43} (C) The applicant presents to the board satisfactory proof that the appli cant now bears a good reputation for honesty, trustworthiness, integrity, and compe tence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is con cluded, such conviction may in itself be a sufficient ground for refusal of an appraiser classification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the appraiser classification. (e) Grounds for suspension or revocation of an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant an appraiser classification. (f) The conduct provided for in subsections (a) through (d) and subsection (h) of this Code section which relates to the denial of an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser. (g) If- a appraiser: Whenever the board initiates an investigation as provided in Code Section 43-39A-22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser: (1) Voluntarily surrenders an appraiser classification to the board;
(2) Allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or
(3) Allows an appraiser classification to lapse due to failure to pay any required
and if such surrender or lapsing takes place after the board has initiated an investiga tion pursuant to Code Section 43-39A-22 but before the board files a notice of hearing, the board may issue an order revoking the appraiser's appraiser classification and pro vide a copy of such order to the appraiser. The order will be effective ten days after the appraiser receives a copy of the order unless the appraiser makes a written request for a hearing before the board, in which event the board will file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If and such surrender or lapsing occurs after the board has filed a notice of hearing alleg ing that such appraiser has violated any provision of this chapter or the rules and regu lations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classification to such person.
(h) Where an applicant for an appraiser classification has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of an appraiser classification. An applicant for an appraiser classification who has had an occupational registration, license, or certification revoked by any occupational licensing body of this state, any other state, or any foreign country may be granted an appraiser classification by the board only if:
(1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked;

FRIDAY, FEBRUARY 25, 1994

1401

(2) No criminal charges are pending against the applicant at the time of applica tion; and
(3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that convic tion. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction per mitted by this chapter."
Section 5. Said chapter is further amended by striking at the end of paragraph (15) of subsection (a) of Code Section 43-39A-18, relating to penalties for violations of said chapter, the word "or", by striking at the end of paragraph (16) of said Code section the symbol "." and inserting in lieu thereof the symbol ";", and by inserting at the end of such subsection the following:
"(17) Providing an oral appraisal report in a federally related transaction; or (18) Utilizing the services of any person in other than a ministerial capacity whose appraisal classification is suspended or revoked in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal."
Section 6. 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 1226.
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
Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carlisle Y Carrell
Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman, B E Coleman, T

Y Colwell
Connell YCox
Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart
YEpps Y Evans Y Felton
Floyd, J.M Floyd, J.W
E Godbee Y Golden Y Goodwin Y Greene Y Groover
Y Hammond Y Manner
Harris, B
Y Harris, M Hart
Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
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
Maddox YMann
Martin Y McBee E McClinton
McKinney Y Milam
Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
PurceU, B Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper

Y Smith, C Y Smith, L
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 Streat Y Taylor Y Teague Y Teper Y Thomas Tillman Y Titus Y Towery
Y Trense Turnquest
E Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

1402

JOURNAL OF THE HOUSE,

On the motion, the ayes were 140, nays 0. The motion prevailed.

HB 1227.

By Representatives Skipper of the 137th, Watson of the 139th, Chandler of the 99th and Dixon of the 150th:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first offender treatment and pleas of nolo contendere for certain offenses.

The following Senate substitute was read:

A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that the real estate commissioner may designate persons to certify certain records; to provide that for purposes of certain licensure, the term "conviction" includes first offender treatment and pleas of nolo con tendere for certain offenses; to provide that the real estate commission may impose certain sanctions if the real estate commission of another state has imposed sanctions against a state licensee; to provide that a real estate broker's firm shall pay certain fees only to per sons whose licenses have been assigned to such firm; to provide that if all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership; to provide that the qualifying broker for a firm which operates as a lim ited partnership must be the general partner; to provide that if the general partner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corpora tion and the general partner; 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 by striking in its entirety Code Section 43-40-6, relating to the seal and records of the Georgia Real Estate Commission, and inserting in lieu thereof the following:
"43-40-6. The commission shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'State Real Estate Commission, State of Georgia,' and such other device as the commission may desire included thereon, by which it shall authenti cate the acts of the commission. Copies of all records and papers in the office of the commission, certified by the signature of the real estate commissioner or the commis sioner's designee and the seal of the commission, shall be received in evidence in all cases equally and with like effect as the originals. The commission shall maintain records so that it may certify the license history of licensees for a period of up to five years preceding the date of certification."
Section 2. Said chapter is further amended by striking in their entireties subsections (b) and (f) of Code Section 43-40-15, relating to the granting, revocation, and suspension of real estate licenses, and inserting in lieu thereof, respectively, the following:
"(b) (1) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regard
less of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude.

FRIDAY, FEBRUARY 25, 1994

1403

(B) 'Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. (2) Where an applicant for a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such untruatworthincaa ef- the applicant and the conviction in itself may be a sufficient ground for refusal of a license. As used m this Code section, the
deemed a felony, without regard te its designation elsewhere; and; as used in this Code til6 term conviction snsii mciucte ft rinding OF verdict of uii*y of st pi0 of
y, re^flrQicss of wfietriep &n flppesi of tfie convict10n rifls Deen 9outfit, w nere &n

jrfl.nted lirst oiiender trestiweHT witfiout fldjudicstion of guiiT pursufttrt to trie cti&i'^e, er pleaded ne4e contendere te auch charge, auch sentencing itself may be a suffi cient ground for refusal ef a license. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if:
ft) (A) At least ten years have passed since the applicant was convicted, sen tenced, or released from any incarceration, whichever is later;
{2) (B) No criminal charges are pending against the applicant; and 43) (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public." "(f) The conduct provided for in subsections (a), (b), (c), and (d)2 and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee."
Section 3. Said chapter is further amended by striking in their entireties subsections (c) and (e) of Code Section 43-40-18, relating to the management of real estate brokers' firms and licensed affiliates and inserting in lieu thereof, respectively, the following:
"(c) The real estate brokerage activities of each firm shall be under the direct man agement and supervision of a broker or qualifying broker. The broker or qualifying bro ker shall be responsible for establishing, implementing, and continuing procedures for:
(1) Reviewing all advertising to ensure compliance with this chapter and its rules and regulations;
(2) Providing programs for study and review of this chapter and its rules and regu lations for all licensed associates;
(3) Reviewing for compliance with this chapter and its rules and regulations all listing contracts, leases, sales contracts, management agreements, and offers to buy, sell, lease, or exchange real property secured or negotiated by the firm's associates. This review shall take place within 30 days of the date of the offer or contract;
(4) Systematic review of the firm's trust accounting practices in order to assure their compliance with this chapter and its rules and regulations;
(5) Ensuring that the firm pays te its affiliated licensees commiaaiona for perform-
that the firm utilizes only licensed personnel to perform those acts of a licensee which require licensure and that when it pays compensation to an individual licensee, other than another firm, the license of such individual licensee was assigned to the firm by the commission at the time such individual licensee earned the compensation paid;
(6) Ensuring that proper disbursements are made from trust accounts; (7) Providing continuing and reasonable safekeeping for all records related to real estate transactions which this chapter and its rules and regulations require a broker to maintain;

1404

JOURNAL OF THE HOUSE,

(8) Providing all licensed personnel with written policies and procedures under which they are expected to operate;
(9) Seeing that the firm and all licensed affiliates enter into a written agreement specifying the terms under which the licensee will be compensated for work during the time of their affiliation and specifying how the licensee will be compensated for work begun but not completed prior to the termination of their affiliation. Other than to determine that such agreements are entered into by licensees and their firm, the com mission shall not regulate the content of such agreements or enforce their provisions; and
(10) Assuring that an individual with appropriate management authority is reason ably available to assist licensees and the public in real estate transactions handled by the firm." "(e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership. The qualifying broker for a firm which operates as a limited partnership must be the general partner. If the general part ner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general partner. The qualifying broker for a firm which operates as a limited liability company must be a member. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains."
Section 4. 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 1227.
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
Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove
Y Brooks, D 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 E 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 Y Ehrhart Y Epps Y Evans Y Felton
Floyd, J.M Floyd, J.W
E Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Y Hanner Y Harris, B Y Harris, M Y Hart

Y Heard Hegstrom
Y Hembree Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J
Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis
YLord

Y Lucas Maddox
Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Orrock Y Padgett
E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph

YRay Reaves
Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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
Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus Y Towery

FRIDAY, FEBRUARY 25, 1994

1405

Y Trense Turnquest
E Twiggs

Y Vaughan Y Walker YWall

Y Watson
Y Watts Y Westmoreland

Y White Y Williams, B Y Williams, R

Yates Yeargin Murphy, Spkr

On the motion, the ayes were 143, nays 0. The motion prevailed.

HB 1505. By Representatives Lane of the 146th, Dobbs of the 92nd, Buck of the 135th, Watson of the 139th, Powell of the 23rd and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to revise definitions; to pro vide for conditions which create rebuttable presumptions with regard to the causation of accidents and injuries or deaths.

The following Senate amendment was read:

Amend HB 1505 by striking the word "or" after the word "penalty" and before the word "not" on line 14 of page 5 and inserting in lieu thereof the word "of".
By striking the word "An" on line 13 of page 14 and inserting in lieu thereof the fol lowing:
"A self-insured".
By striking the word "Employers" on line 25 of page 14 and inserting in lieu thereof the following:
"Self-insured employers".

Representative Lane of the 146th moved that the House agree to the Senate amend ment to HB 1505.
On the motion, the roll call was ordered and the vote was as follows:

YAshe Y Atkins Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
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 Channel!

Y Childers Y Clark Y Coker Y Coleman, B E Coleman, T
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 Ehrhart YEpps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W EGodbee Y Golden Y Goodwin Y Greene Y Groover Y Hammond

Y Manner Harris, B
Y Harris, M Hart
Y Heard Hegstrom
Y Hembree Henson
Y Holland
Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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 YLadd Y Lakly Y Lane, D

Y Lane, R Lawrence
Y Lawson YLee Y Lewis
Lord Y Lucas
Maddox YMann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag

Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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

1406

JOURNAL OF THE HOUSE,

Stanley, P Y Stephenson Y Streat Y Taylor
Teague

Y Teper Y Thomas
Tillman Y Titus Y Towery

Y Trense Turnquest
E Twiggs Y Vaughan
Walker

Y Wall Y Watson
Y Watts Y Westmoreland Y White

On the motion, the ayes were 141, nays 0. The motion prevailed.

Y Williams, B Y Williams, R
Yates Yeargin Murphy, Spkr

HB 1455.

By Representatives Byrd of the 170th, Holmes of the 53rd, Birdsong of the 123rd, Parham of the 122nd, Reaves of the 178th and others:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salary deductions for public officers and employees, so as to permit state government employees, on a voluntary basis, to make payroll deductions to not-for-profit organizations providing tangible services and benefits to state government or state government employees.

The following Senate amendment was read:

Amend HB 1455 by striking lines 32 and 33 of page 2 and inserting in lieu thereof the following:
"designate the exact amount to be deducted. Any employee who".

Representative Byrd of the 170th moved that the House agree to the Senate amend ment to HB 1455.
On the motion, 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 Y Birdsong Bordeaux Bostick Y Breedlove
Y Brooks, D Brooks, T Brown
Y Buck 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 Coleman, B E 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 N Ehrhart YEpps Y Evans
Felton Floyd, J.M Floyd, J.W E Godbee Y Golden Y Goodwin
Y Greene Y Groover
Y Hammond Manner
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 Irvin 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 N Lakly Y Lane, D Y Lane, R
Lawrence Y Lawson
YLee Y Lewis YLord Y Lucas
Maddox Y Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills

Y Mohley, B
Y Mobley, J Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph Ray Reaves
Y Reichert Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
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 Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Turnquest
E Twiggs Y Vaughan
Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

FRIDAY, FEBRUARY 25, 1994

1407

On the motion, the ayes were 135, nays 5. The motion prevailed.

HB 1196. By Representatives Lee of the 94th, Buckner of the 95th, Bailey of the 93rd, Johnson of the 97th and Benefield of the 96th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and review and appeal of ad valorem tax assessments, so as to provide for conditions under which valua tions established on appeal can be changed for subsequent taxable years.

The following Senate substitute was read:

A BILL
To amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, so as to provide for conditions under which valuations established on appeal in the preceding year can be changed by such board in the current year; 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 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment and assessment duties of county boards of tax assessors, is amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows:
"(c) Real property, the value of which was established by an appeal in the preceding year, that has not been returned by the taxpayer at a different value for the current year, may not be changed by the board of tax assessors for the sole purpose of undoing in the current year the actions of the board of equalization or superior court in the pre ceding year. In such cases, before changing a value from that established by an appeal in the preceding year, the board of assessors shall first conduct an investigation into fac tors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market value and a review to deter mine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors."
Section 2. This Act shall become effective on January 1, 1995, and shall be applica ble to all taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 164th moved that the House disagree to the Senate sub stitute to HB 1196.

The motion prevailed.

HB 1420.

By Representatives Walker of the 141st, Groover of the 125th, Bostick of the 165th and Murphy of the 18th:
A bill to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed inter vivos.

1408

JOURNAL OF THE HOUSE,

The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to conveyances of property, so as to provide that remainders, whether vested or contingent, executory interests, and other expectant estates are alienable in the same manner as estates in possession and may be freely conveyed; to amend Article 4 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to remainders and reversions, so as to repeal Code Section 44-6-63; to provide for other related matters; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Anno tated, relating to conveyances of property, is amended by striking in its entirety Code Sec tion 44-5-40, which reads as follows:
"44-5-40. A future interest or estate may be conveyed by deed if it operates to trans fer the title immediately; and, if not, the instrument will be testamentary and revoca ble.", and inserting in lieu thereof a new Code Section 44-5-40 to read as follows:
"44-5-40. Future interests or estates are descendible, devisable, and alienable in the same manner as estates in possession."
Section 2. Article 4 of Chapter 6 of Title 44 of the Official Code of Georgia Anno tated, relating to remainders and reversions, is amended by striking in its entirety Code Section 44-6-63, relating to interest of heirs of a remainderman, which reads as follows:
"44-6-63. (a) If a remainderman with a vested remainder interest dies before the life tenant, his heirs shall be entitled to a vested remainder interest.
(b) If a remainderman with a contingent remainder interest limited as to an event dies before the life tenant, his heirs shall be entitled to a contingent remainder interest.
(c) If a remainderman with a contingent remainder interest limited as to a person dies and that person is not in being when the contingency happens, his heirs shall not be entitled to a contingent remainder interest.", and inserting in lieu thereof the following:
"44-6-63. Reserved."
Section 3. This Act is intended to clarify and codify the law regarding the alienabil ity of future interests.
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 Walker of the 141st moved that the House agree to the Senate substi tute to HB 1420.
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

Bordeaux Bostick Y Breedlove Y Brooks, D Brooks, T Brown Y Buck
Y Buckner Bunn
Y Burkhalter Y Byrd

Y Campbell Canty
Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless
Y Chandler Y Channell
Y Childers Y Clark

Y Coker Y Coleman, B E 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
Dobbs Y Ehrhart
Y Epps Y Evans
Y Felton Floyd, J.M

FRIDAY, FEBRUARY 25, 1994

1409

Floyd, J.W E 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 Irvin 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 Y Lord Y Lucas
Maddox
YMann Y Martin Y McBee E McClinton

McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

On the motion, the ayes were 152, nays 0. The motion prevailed.

Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman
Titus Y Towery
Y Trense Y Turnquest E Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

HB 545. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, so as to provide for payment bonds or security deposits with respect to con tracts for the construction of an improvement to property other than a pub lic work.

The following Senate amendment was read:

Amend HB 545 by striking in its entirety line 25 on page 3, which reads as follows:
"shall render the provisions of Code Section 44-14-361.5",
and inserting in lieu thereof the following:
"shall render the notice to contractor requirement of subsection (a) of this Code sec tion".

The following amendment was read and adopted:

Representative Thomas of the 100th moves to amend the Senate amendment to HB 545 by adding after line 9 the following:
By striking lines 26 and 27 of page 4 and inserting in their place the following:
"Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Representative Thomas of the 100th moved that the House agree to the Senate amendment, as amended by the House, to HB 545.
On the motion, the roll call was ordered and the vote was as follows:

1410

JOURNAL OF THE HOUSE,

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D
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 E 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 Ehrhart YEpps Y Evans Y Felton
Floyd, J.M Y Floyd, J.W E Godbee Y Golden Y Goodwin Y Greene
Groover Y Hammond
Hanner Y Harris, B Y Harris, M YHart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas Maddox YMann Y Martin Y McBee E McClinton McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves
Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper

On the motion, the ayes were 145, nays 0. The motion prevailed.

Y Smith, C Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W Y Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
Teper Thomas Tillman Titus Y Towery
Y Trense Y Turnquest E Twiggs Y Vaughan
Walker Y Wall Y Watson
Y Watts Y Westmoreland
White Y Williams, B
Y Williams, R Y Yates
Yeargin Murphy, Spkr

HB 1254.

By Representatives Thomas of the 100th, Chambless of the 163rd and Cauthorn of the 35th:
A bill to amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the state funded local indigent defense pro grams, so as to provide for indigent defense in all felony and misdemeanor cases in the superior, state, and magistrate courts.

The following Senate amendment was read:

Amend HB 1254 by striking line 4 of page 1 and inserting in its place the following: "indigent defense in all felony cases and in certain misdemeanor cases in the".
By striking line 18 of page 1 and inserting in its place the following: "cases and in those misdemeanor cases in which indigents are guaranteed the right to counsel in the superior, state, and".

Representative Thomas of the 100th moved that the House agree to the Senate amendment to HB 1254.
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

Bostick Y Breedlove Y Brooks, D

FRIDAY, FEBRUARY 25, 1994

1411

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 E 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 Ehrhart YEpps Y Evans Y Felton
Floyd, J.M Y Floyd, J.W E Godbee
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 Irvin Y James
Jamieson Y Jenkins Y Johnson, D.H

Johnson, E Y Johnson, G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D
Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord
Lucas Maddox Y Mann Y Martin Y McBee E McClinton McKinney Y Milam
Y Mills Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller
E Oliver

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest E Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B
Y Williams, R Yates Yeargin
Murphy, Spkr

HB 1277.

By Representatives Ray of the 128th, Reaves of the 178th, Birdsong of the 123rd, Hudson of the 156th, Cox of the 160th and others:
A bill to amend Code Section 16-8-12 of the Official Code of Georgia Anno tated, relating to punishment for criminal offenses involving theft, so as to change provisions relating to punishment of offenses involving the theft of growing or otherwise unharvested agricultural products.

The following Senate amendment was read:
Amend HB 1277 by inserting "commercial" on line 5, page 1, after "unharvested" and again on line 18, page 1, after "unharvested".
Representative Ray of the 128th moved that the House agree to the Senate amend ment to HB 1277.
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
Bates Y Benefield Y Birdsong Y Bordeaux
Bostick

Y Breedlove Y Brooks, D
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 E Coleman, T Y Colwell Y 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 Ehrhart YEpps

Y Evans Y Felton
Floyd, J.M Y Floyd, J.W E God bee Y Golden Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B
Y Harris, M

1412

JOURNAL OF THE HOUSE,

YHart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin 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
Lucas Maddox Mann Y Martin Y McBee E McClinton
McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore

Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Randolph
YRay Y Reaves

On the motion, the ayes were 147, nays 0. The motion prevailed.

Y Reichert Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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 YTeper Y Thomas
Tillman Titus Y Towery Y Trense Turnquest E Twiggs Y Vaughan Walker Y Wall Y Watson Y Watts Y Westmoreland White Y Williams, B Y Williams, R Y Yates Yeargin Murphy, Spkr

HB 1497. By Representative Jamieson of the 22nd:
A bill to amend an Act incorporating the City of Toccoa, so as to deannex and exclude certain property from the corporate limits of said city.

The following Senate amendment was read:

Amend HB 1497 by striking "(36)," from line 14 of page 1.
By striking from lines 21 through 30 of page 3 the following:
'"(36) Mize Road (Georgia Highway 63) - All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particu larly described as follows: BEGINNING at the intersection of Mize Road (Georgia High way 63) and the current corporate limits of the City of Toccoa; thence extending in a Southeasterly direction; thence in a Southwesterly direction 8,800 feet more or less to the intersection of Mize Road and the Eastern right of way of Georgia Highway 13 (Toccoa By-Pass).'"
By striking "(36)," from line 24 of page 4.
By striking '"(36) Reserved.'" from line 31 of page 4.

Representative Jamieson of the 22nd moved that the House agree to the Senate amendment to HB 1497.
On the motion, the ayes were 120, nays 0.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 1027.

By Representatives Byrd of the 170th, Purcell of the 147th, Greene of the 158th, Holland of the 157th and Heard of the 89th:
A resolution recognizing and commending the students selected as officials of the Georgia Youth Assembly.

FRIDAY, FEBRUARY 25, 1994

1413

HR 1028.

By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A resolution congratulating the Cherokee Day Training Center, Inc., on the occasion of its twenty-fifth anniversary.

HR 1029.

By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A resolution commending the managers and employees of Siemens Energy and Automation, Circuit Protection and Controls Division, Canton Facilities.

HR 1030. By Representatives Golden of the 177th, Reaves of the 178th, Carter of the 166th and Patten of the 176th:
A resolution expressing sympathy at the passing of Gil Harbin.

HR 1031. By Representative Jenkins of the 110th: A resolution commending Rubye Lee Dorothy James Watts.

HR 1032. By Representatives Reichert of the 126th, Channell of the lllth, Walker of the 141st, Groover of the 125th, Connell of the 115th and others:
A resolution recognizing and designating Georgia's Antiques Trail.

HR 1033. By Representatives Murphy of the 18th, Connell of the 115th, Watts of the 26th, Walker of the 141st, Buck of the 135th and others:
A resolution commending Ralph Aford Lively.

HR 1034.

By Representatives Snow of the 2nd, Cox of the 160th, McBee of the 88th, Lane of the 146th and Williams of the 114th:
A resolution commending the employees of Georgia Power Company for their response to the blizzard of March 13, 1993.

HR 1035.

By Representatives Smith of the 169th, Murphy of the 18th, Lee of the 94th, Walker of the 141st, Groover of the 125th and others:
A resolution providing for the placement of a portrait of Mrs. Janette McGarity Barber.

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 986 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

1414

JOURNAL OF THE HOUSE,

Pursuant to SR 563, adopted by the House and Senate, the House adjourned until 10:00 o'clock, Monday, February 28, 1994.

MONDAY, FEBRUARY 28, 1994

1415

Representative Hall, Atlanta, Georgia Monday, February 28, 1994

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe Bailey Baker Bannister Barfoot Bargeron Barnes Benefield Birdsong Bordeaux Bostick Breedlove Brooks, D Brooks, T Buck Buckner Bunn Burkhalter Byrd Campbell Canty
CCa"rr1e'5l,1l.6 Carter Chambless Chandler
Channell Childers Clark

Coker Coleman, B Connell Cox Crawford Crews Culbreth Cummings Davis, M Dickinson Dix Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Felton Floyd, J.M Floyd, J.W Godbee
GG. oreldenene Groover Hammond Hanner
Harris, B Harris, M Hart

Heard Hegstrom Hembree Henson Holland Howard Hudson Hughes Hugley Irvin Jamieson Jenkins Johnson, D.H Johnson, E Johnson, G Johnson, J Jones Joyce Kaye Kinnamon Klein
fL-aakdldy Lane, D Lawson Lewis
Lord Maddox Mann

Martin McBee McClinton Mills Mobley, J Moore Mosley Mueller O'Neal Parrish Patten Pelote Perry Pinholster Poag Porter Poston Purcell, A Purcell, B Randall Randolph
RRaeyaves Reichert Royal Shanahan
Sherrill Shipp Skipper

Smith, C Smith, L Smith, P Smith, T Smith, V Smith, W Smyre Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teper Tillman Titus Trense Vaughan Wall Watson Watts
Ww ,es. tmoreland ,,,11. D Williams, B Williams, R
Yates Yeargin Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Roberts of the 162nd, Atkins of the 29th, Stancil of the 91st, Milam of the 130th, Lucas of the 124th, James of the 140th, Thomas of the 100th, Lawrence of the 64th, Colwell of the 7th, Polak of the 67th, Snow of the 2nd, Padgett of the 119th, Turnquest of the 73rd, Mobley of the 69th, Brown of the 117th, Powell of the 23rd, Goodwin of the 79th, Davis of the 48th, Bates of the 179th, Teague of the 58th and Holmes of the 53rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Wesley E. Greene, Sr., Pastor, Shiloh Baptist Church, Jonesboro, 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.

1416

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 intro duced, read the first time and referred to the committees:

HB 1946. By Representatives Barnes of the 33rd, Cauthorn of the 35th, Hammond of the 32nd, Coker of the 31st, Atkins of the 29th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior 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 compensation of the judge and the clerk of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1947. By Representatives Wall of the 82nd, Crews of the 78th, Johnston of the 81st, Coleman of the 80th, Stephenson of the 25th and others:
A bill to amend an Act creating a new charter for the City of Suwanee, so as to change the corporate boundaries of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1948. By Representatives Skipper of the 137th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green," so as to provide for the compensation of the chairper son and commissioners of the Sumter County Board of Commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1949. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to provide a homestead exemption from certain Walton County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1952. By Representatives Harris of the 112th and Bargeron of the 120th:
A bill to amend an Act creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairperson of the board; to provide for reimbursement of the expenses of the chairperson.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 28, 1994

1417

HB 1953. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provi sions relative to the compensation and benefits of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1954. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Judge of the Pro bate Court of Twiggs County, so as to change the provisions relative to the compensation and benefits of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1955. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the clerk of the Supe rior Court of Twiggs County, so as to change the provisions relating to the compensation and benefits of the clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1956. By Representative Birdsong of the 123rd:
A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensa tion and benefits of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1957. By Representative Stancil of the 91st:
A bill to establish the compensation of certain officials of Oconee County, Georgia; to amend an Act placing the Judge of the Probate Court of Oconee County on an annual salary in lieu of the fee system of compensation, so as to provide for the compensation of such official.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1958. By Representative Smith of the 102nd:
A bill to provide for a homestead exemption from Harris County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for the taxable year beginning on January 1, 1995, and end ing December 31, 1995, and in the amount of $10,000.00 of the assessed value of the homestead for taxable years beginning on or after January 1, 1996, for certain residents of that county who are 65 years of age or over or disabled and who have annual gross incomes of $22,000.00 or less per annum.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1959. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that school district.
Referred to the Committee on State Planning & Community Affairs - Local.

1418

JOURNAL OF THE HOUSE,

HB 1960. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead for certain residents of that county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1961. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1962. By Representatives Lewis of the 14th, Cummings of the 27th and Childers of the 13th:
A bill to provide a homestead exemption from certain Bartow County School District ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for certain residents of that school district who are disabled and who do not have a gross income from all sources, including Social Security and any other retirement or dis ability income and including the income of all members of the family resid ing within said homestead.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1963. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, so as to provide that in the event of a vacancy in the office of sheriff of Walton County, the chief deputy shall succeed to the office of sheriff for the remainder of the unexpired term of office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1964. By Representatives Groover of the 125th, Ray of the 128th, Reichert of the 126th, Randall of the 127th and Lucas of the 124th:
A bill to change certain provisions creating the Civil Service System and Board of Bibb County, so as to define a certain term; to change the provi sions relating to certification and appointment upon occurrence of a vacancy; to change the provisions relating to demotions.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1965. By Representative Hughes of the 19th: A bill to provide a new charter for the Town of Clermont.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 28, 1994

1419

HB 1966. By Representatives Mills of the 21st, Hughes of the 19th, Lawson of the 20th and Stephenson of the 25th:
A bill to provide a homestead exemption from all Hall County School Dis trict ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district who have annual gross incomes not exceeding $16,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1967. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend an Act providing for the membership of the Board of Educa tion of Cherokee County, so as to change certain provisions relating to the per diem received by members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1968. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to amend an Act providing a homestead exemption from Cherokee County School District ad valorem taxes for educational purposes for the full value of the homestead for certain residents of that school district who have annual incomes not exceeding $16,000.00 and who are 62 years of age or over, so as to increase the income limitation applicable to such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1969. By Representatives Hart of the 116th and Padgett of the 119th: A bill to create a board of elections and registration for Burke County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1970. By Representatives Johnston of the 81st, Westmoreland of the 104th, Lakly of the 105th, Hembree of the 98th, Bunn of the 74th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide for academic subject-based education; to prohibit outcomebased methods of instruction or assessment, addressing or indentifying indi vidual students by any way other than by their legal names, instructing or assessing by using affective objectives, and restricting students from reaching their highest academic potential.
Referred to the Committee on Education.

HB 1971. By Representatives McBee of the 88th, Ashe of the 46th, Hugley of the 133rd, Orrock of the 56th, Williams of the 63rd and others:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Anno tated, the "Georgia Radiation Control Act," so as to require annual monitor ing of radiation generating equipment used to perform mammographies.
Referred to the Committee on Health & Ecology.

1420

JOURNAL OF THE HOUSE,

HB 1972. By Representatives Johnston of the 81st, Mobley of the 69th, Turnquest of the 73rd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend Code Section 49-4-142 of the Official Code of Georgia Anno tated, relating to the Department of Medical Assistance, the state plan, and drug application fees, so as to provide that the state plan for medical assist ance shall include payment for breast-feeding equipment and lactation spe cialist support services; to provide that such payments shall be a part of the state plan regardless of whether federal payments are available for such equipment and services.
Referred to the Committee on Appropriations.

HB 1973. By Representatives Carlisle of the 107th and Shanahan of the 10th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to authorize any county, subject to the requirement of referendum approval and the other requirements of this Act, to levy an excise tax on the severance of solid minerals from the soil or waters in that county for sale or for industrial purposes.
Referred to the Committee on Ways & Means.

HB 1974. By Representatives Shanahan of the 10th, Childers of the 13th, Cummings of the 27th and Lewis of the 14th:
A bill to amend an Act providing a supplement to the salary of the judge of the Superior Court of the Cherokee Judicial Circuit, so as to change the supplement to be paid to each judge and to the district attorney of such cir cuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1975. By Representative Thomas of the 100th:
A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for four-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 1976. By Representatives Johnston of the 81st and Davis of the 60th:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions relative to property, so as to provide for the payment of interest on mortgage escrow accounts; to provide for the interest rate; to provide for exceptions.
Referred to the Committee on Judiciary.

HB 1977. By Representative Streat of the 167th:
A bill to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, so as to change and reapportion the com missioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 28, 1994

1421

HB 1978. By Representative Streat of the 167th:
A bill to amend an Act establishing a board of education of Coffee County, so as to change and reapportion the education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1979. By Representatives Williams of the 63rd, Mobley of the 69th, Randolph of the 72nd, Polak of the 67th, Hegstrom of the 66th and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of the tax commissioner and the provisions relating to the compensation of the tax commissioner; to change the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1980. By Representative Floyd of the 138th:
A bill to amend an Act providing for the Magistrate Court of Pulaski County, so as to provide for the election of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1981. By Representative Martin of the 47th:
A bill to amend HB 572 as passed at the 1994 regular session of the General Assembly which is entitled "An Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to provide for the suspension of services provided to a unit owner under certain circumstances; to conform the provisions relating to liability for common expenses and how assessments are made; to repeal conflicting laws; and for other purposes.", so as to make certain corrections.
Referred to the Committee on Rules.

HR 1026. By Representatives Colwell of the 7th, Hanner of the 159th, Barfoot of the 155th, Connell of the 115th, Bates of the 179th and others:
A resolution designating the Robert Lee Patten II Probation Boot Camp.
Referred to the Committee on State Institutions & Property.

HR 1036. By Representatives Taylor of the 134th and Hugley of the 133rd:
A resolution urging the State Board of Education to authorize and encourage local school boards to adopt an official anti-litter pledge.
Referred to the Committee on Education.

HR 1037. By Representatives Groover of the 125th, Ray of the 128th, Reichert of the 126th, Randall of the 127th, Lucas of the 124th and others:
A resolution commending Honorable Reginald Trice and designating the Reginald Trice Parkway.
Referred to the Committee on Transportation.

1422

JOURNAL OF THE HOUSE,

HR 1039. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution creating the Cherokee County Property Tax Structure Study Committee.
Referred to the Committee on Rules.

HR 1040. By Representatives Hughes of the 19th, Colwell of the 7th and Dixon of the 150th:
A resolution designating the Elliott Family Parkway.
Referred to the Committee on Transportation.

By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:

HB 1937 HB 1938 HB 1939 HB 1940 HB 1941 HB 1942 HB 1943 HB 1944 HB 1945 HB 1950 HB 1951

SB 168 SB 510 SB 601 SB 609 SB 633 SB 671 SB 687 SB 691 SB 692 SB 693 SR 392

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 1020 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1888 Do Pass, by Substitute HB 1931 Do Pass SB 677 Do Pass

MONDAY, FEBRUARY 28, 1994

1423

Respectfully submitted, /s/ Lane of the 55th
Chairman

The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR MONDAY, FEBRUARY 28, 1994

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 31st Legislative Day as enu merated below:

HB 208 HB 323 HB 419 HB 471 HB 1153 HB 1435 HB 1521 HB 1626 HB 1666 HB 1681 HB 1687 HB 1690 HB 1814 HB 1836 HB 1878

Hotel-motel tax; pedestrian walks and trails Teachers Retirement; cert transfer from Employees' Retirement Sys Employees' Retirement; cert leave without pay; service credit Insurance; motor vehicle accident claim; liability Employees' Retirement; county DFACS; service credit Solid waste permits; limitations on modification Board of Natural Resources; regulations; effective date Children/Youth Services Dept; auth to enter into contracts Optometrists; amend provisions Ins; adverse underwriting decision; delete cert provisions Direct appeal by state; certain delinquency cases Master plumber; license renewal; continuing education Dry Cleaning No-fault Cleanup Trust Fund; create Uniform Commercial Code; filing financing statements Auctioneers; exception to provisions

HR 726 Joint Study Committee on Historic Dramas; create HR 961 Ralph "Country" Brown Highway; designate HR 967 Hardy Durham Faulk, Sr., Memorial Bridge; designate HR 1002 Chatham County; lease property

SB 626 Eminent domain; Petroleum Pipeline Study Comm; create

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Lee of the 94th
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1888.

By Representative Carrell of the 87th:
A bill to amend an Act reincorporating the City of Monroe in the County of Walton, so as to change certain provisions relative to the membership of the Water, Light, and Gas Commission.

The following Committee substitute was read and adopted:

A BILL
To amend an Act reincorporating the City of Monroe in the County of Walton, Geor gia, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, so as to change certain

1424

JOURNAL OF THE HOUSE,

provisions relative to the membership of the Water, Light, and Gas Commission; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act reincorporating the City of Monroe in the County of Walton, Georgia, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, is amended by striking Section 6.05 in its entirety and inserting in lieu thereof a new Section 6.05 to read as fol lows:
"Section 6.05. Water, Light, and Gas Commission; creation. Be it further enacted that the Monroe city council shall elect from the qualified voters of the city who are otherwise entitled to hold office in the city, six persons to be known as the 'Water, Light, and Gas Commission;' provided, however, that the council of the city shall appoint one commissioner from the mayor and city council, hereinafter referred to as councilmember. The councilmember appointed to serve on the Water, Light, and Gas Commission shall be ex officio and shall not have any voting powers on the Water, Light, and Gas Commission. The councilmember shall, however, have full authority in all other respects to participate in all discussions and meetings of the Water, Light, and Gas Commission. Furthermore, the councilmember shall act as a liaison between the mayor and city council and the Water, Light, and Gas Commission. The person appointed from the mayor and city council to serve on the Water, Light, and Gas Com mission shall serve for a term of one year from January 1 until December 31 and shall not serve for more than five consecutive one-year terms. The councilmember appointee's term shall terminate upon the expiration of his or her term in office as mayor or councilmember.
All other commissioners shall be appointed to serve for terms of five years. Those commissioners in office on the effective date of this Act shall continue to serve until the expiration of their terms. Thereafter, commissioners shall be appointed for terms to begin October 1 of each year. At the expiration of the terms of any of the commission ers, except for the councilmember appointee, the council shall elect a commissioner for a period of five years. Except as provided in the above paragraph for the councilmember appointee, no commissioner shall serve more than one consecutive term. Vacancies untimely caused by death, resignation, removal, or other cause shall be filled by the council for the unexpired term, and said appointee who fills an unexpired term of two years or less may serve one additional five-year term. The commissioners comprising said Water, Light, and Gas Commission shall be amenable to the council and subject to removal from office only after notice and an administrative hearing afforded them before the mayor and council and only after such individual is found guilty of malprac tice, malfeasance, misconduct, or neglect of duties."
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 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1931. By Representatives Carrell of the 87th and Johnson of the 84th:
A bill to amend an Act creating the Walnutgrove-Youth Water Authority, now known as the Walton County Water and Sewerage Authority, so as to authorize the governing authority of the water and sewerage authority to pro vide by resolution for compensation of the chairman of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 28, 1994

1425

On the passage of the Bill, the ayes were 93, nays 7. The Bill, having received the requisite constitutional majority, was passed.

SB 677. By Senator Ralston of the 51st:
A bill to amend an Act entitled "An Act to create the Ellijay-Gilmer County Water and Sewerage Authority" so as to provide for the compensation of the members of such 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 7.
The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the House, having been previously read, was again taken up for consideration:

HB 1898.

By Representatives Reichert of the 126th, Lucas of the 124th, Groover of the 125th, Randall of the 127th and Birdsong of the 123rd:
A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.

The following amendment was read and adopted:

Representatives Reichert of the 126th, Groover of the 125th, Lucas of the 124th, Birdsong of the 123rd and Ray of the 128th move to amend HB 1898 as follows:
By striking all on line 15 page 1 through line 29 page 2 and inserting in lieu thereof the attached:
All that tract of land lying southeasterly of an adjoining the current Macon City Limits line and being more particularly described as follows:
Beginning at the center line of the Ocmulgee River at the point of intersection of said centerline and an extension of the eastern right-of-way line of Seventh Street,
thence travel in a northeasterly direction along an extension of the eastern right-of-way line of Seventh Street to a point lying on the northeastern right-of-way line of Interstate 16;
thence angle right and travel in a southeasterly direction along the northeastern right-ofway line of Interstate 16 to a point marking the intersection of said northeastern right-ofway line and the centerline of Walnut Creek;
thence angle left and travel in a northerly direction along the centerline of Walnut Creek to a point lying perpendicular to, and 600 feet from the northeastern right-of-way line of Interstate 16;
thence angle right and travel in a southeasterly direction along a line parallel to, and 600 feet from, the northeastern right-of-way line of Interstate 16 to a point marking the inter section of said line and the northwestern right-of-way of Lamar Mounds Road;
thence angle right and travel in a southwesterly direction along the northwestern right-ofway line of Lamar Mounds Road and an extension thereof to the centerline of the Ocmulgee River;

1426

JOURNAL OF THE HOUSE,

thence angle left and travel in a mostly southerly and southeasterly direction along the centerline of the Ocmulgee River to a point marking the intersection of the centerline of the Ocmulgee River and the line dividing Landlots 130 and 131, Macon Reserve West;
thence angle right and travel in a westerly direction along the north line of Landlots 131, 132, 133, 134 and 135 to the point marking the corner of Landlots 135, 136, 125 and 126;
thence in a mostly northerly, northwesterly and northeasterly direction along the current Macon City Limit line to the POINT OF BEGINNING.

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 93, 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 Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 643. By Senators Ragan of the 32nd, Thompson of the 33rd, Clay of the 37th and Isakson of the 21st:
A bill to amend an Act creating the Board of Commissioners of Cobb County, as amended, so as to change the description of Commissioner Dis tricts 2 and 4; to provide for a submission.

SB 699. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from Wayne County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

SB 700. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.

HB 1113.

By Representatives 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 commis sioners; to provide for commissioner districts.

MONDAY, FEBRUARY 28, 1994

1427

HB 1794. By Representatives Lane of the 55th and Brooks of the 54th:
A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority.

HB 1796.

By Representatives Lane of the 55th and Brooks of the 54th:
A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority.

HB 1802.

By Representative Bargeron of the 120th:
A bill to amend an Act providing for a board of commissioners of Jefferson County, so as to change the descriptions of the commissioner districts of the board and provide for definitions and inclusions of parts of commissioner districts.

HB 1841. By Representatives Lane of the 55th and Brooks of the 54th:
A bill to provide an exemption for the full value of the homestead from all ad valorem taxes levied for City of East Point government purposes, includ ing ad valorem taxes levied to pay interest on and retire bonded indebted ness of the City of East Point government, for each resident of East Point who is 70 years of age or over or disabled if the resident's gross income together with the gross income of the spouse who also resides at such home stead does not exceed the maximum.

HB 1849.

By Representatives Golden of the 177th, Patten of the 176th and Reaves of the 178th:
A bill to provide for a board of elections and registration for Lowndes County.

HB 1856.

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 clerical help allowance for the judge of the probate court; to increase the clerical help allowance of the clerk of the superior court.

SB 529. By Senators Marable of the 52nd, Ray of the 19th and Robinson of the 16th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Anno tated, relating to funding for direct instructional costs, media center costs, and staff development costs generally, so as to provide for a minimum spend ing requirement for direct instructional costs; to provide for a minimum spending requirement for media center costs.

SB 544. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to declare inherent authority; to provide effec tive dates.

1428

JOURNAL OF THE HOUSE,

SB 629. By Senators Farrow of the 54th, Oliver of the 42nd and Ralston of the 51st:
A bill to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student records, so as to provide for the withholding of funds to any school system which denies both parents of a child the right to inspect and review the education records of such child.

SB 676. By Senator Clay of the 37th:
A bill to amend Code Section 15-6-94 of the Official Code of Georgia Anno tated, relating to the Georgia Superior Court Clerk's Cooperative Authority, so as to provide for the membership of the authority; to provide for the effectiveness of prior acts of the authority; to provide for related matters; to provide an effective date.

SB 460. By Senator Oliver of the 42nd:
A bill to amend Code Section 16-15-3 of the Official Code of Georgia Anno tated, relating to definitions in the "Georgia Street Gang Terrorism and Pre vention Act," so as to add rape within the list of those crimes considered a pattern of criminal gang activity.

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.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:

SR 509. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution proposing an amendment to the Constitution so as to allow own ers of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.

SR 512. By Senators Hemmer of the 49th, Gillis of the 20th, Henson of the 55th and Madden of the 47th:
A resolution creating the Joint Study Committee on Environmental Educa tion.

HR 709. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd, Benefield of the 96th and Ladd of the 59th:
A resolution proposing an amendment to the Constitution so as to provide that the State of Georgia shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the Twenty-First Amend ment to the United States Constitution.

HR 730. By Representative Murphy of the 18th: A resolution designating the Sergeant Ray McKibben Highway.

MONDAY, FEBRUARY 28, 1994

1429

HR 861. By Representatives Twiggs of the 8th and Colwell of the 7th:
A resolution authorizing the leasing of certain real property owned hy the State of Georgia in Rabun County.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 674. By Senators Perdue of the 18th, Hill of the 4th, Robinson of the 16th and Ray of the 19th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a person under the age of 21 years with an alcohol concentration of 0.02 shall be guilty of driving under the influence of alcohol; to provide for suspension of driver's licenses.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 460. By Senator Oliver of the 42nd:
A bill to amend Code Section 16-15-3 of the Official Code of Georgia Anno tated, relating to definitions in the "Georgia Street Gang Terrorism and Pre vention Act," so as to add rape within the list of those crimes considered a pattern of criminal gang activity.
Referred to the Committee on Judiciary.

SB 529. By Senators Marable of the 52nd, Ray of the 19th and Robinson of the 16th:
A bill to amend Code Section 20-2-167 of the Official Code of Georgia Anno tated, relating to funding for direct instructional costs, media center costs, and staff development costs generally, so as to provide for a minimum spend ing requirement for direct instructional costs; to provide for a minimum spending requirement for media center costs.
Referred to the Committee on Education.

SB 544. By Senators Farrow of the 54th and Huggins of the 53rd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to declare inherent authority; to provide effec tive dates.
Referred to the Committee on Judiciary.

SB 629. By Senators Farrow of the 54th, Oliver of the 42nd and Ralston of the 51st:
A bill to amend Subpart 3 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student records, so as to provide for the withholding of funds to any school system which denies both parents of a child the right to inspect and review the education records of such child.
Referred to the Committee on Education.

1430

JOURNAL OF THE HOUSE,

SB 643. By Senators Ragan of the 32nd, Thompson of the 33rd, Clay of the 37th and others:
A bill to amend an Act creating the Board of Commissioners of Cobb County, as amended, so as to change the description of Commissioner Dis tricts 2 and 4; to provide for a submission.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 674. By Senators Perdue of the 18th, Hill of the 4th, Robinson of the 16th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a person under the age of 21 years with an alcohol concentration of 0.02 shall be guilty of driving under the influence of alcohol; to provide for suspension of driver's licenses.
Referred to the Committee on Judiciary.

SB 676. By Senator Clay of the 37th:
A bill to amend Code Section 15-6-94 of the Official Code of Georgia Anno tated, relating to the Georgia Superior Court Clerk's Cooperative Authority, so as to provide for the membership of the authority; to provide for the effectiveness of prior acts of the authority; to provide for related matters; to provide an effective date.
Referred to the Committee on Judiciary.

SB 699. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from Wayne County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 700. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from Glynn County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of the homestead which exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident for certain residents of that county who have annual incomes not exceeding $30,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 509. By Senators Coleman of the 1st and Alien of the 2nd:
A resolution proposing an amendment to the Constitution so as to allow own ers of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adjacent public rights of way from the industrial area; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Industry.

MONDAY, FEBRUARY 28, 1994

1431

SR 512. By Senators Hemmer of the 49th, Gillis of the 20th, Henson of the 55th and others:
A resolution creating the Joint Study Committee on Environmental Educa tion.
Referred to the Committee on Rules.

Pursuant to Rule 58, Representative Joyce of the 1st served notice that at the proper time he would move to instruct the Committee on Judiciary to report the following Bill of the House back to the House:
HB 602. By Representatives Mueller of the 152nd, Dickinson of the 83rd, Bunn of the 74th, Moore of the 113th, Williams of the 63rd and others:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion in general, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion.
By unanimous consent, HB 1478, which was previously postponed until today, was again postponed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the House were taken up for consideration and read the third time:
HR 967. By Representative Birdsong of the 123rd:
A resolution designating the Hardy Durham Faulk, Sr., Memorial Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Atkins Y Bailey
Y Baker
Y Bannister
Y Barfoot
Bargeron
Y Barnes 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
Carlisle
Y Carrell
Y Carter

Y Cauthorn Y Chambless Y Chandler
Y Channel!
Y Childers
Y Clark
Y Coker
Y Coleman, B E Coleman, T
Colwell Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Y Dickinson Y Dix
Y Dixon, H
Y Dixon, S Y Dobbs
Y Ehrhart
Y Epps
Evans
Y Felton

Y Floyd, J.M Y Floyd, J.W
Godbee
Y Golden
Goodwin
Y Greene
Y Groover
Y Hammond Y Banner Y Harris, B Y Harris, M Y Hart Y Heard Y Hegstrom
Hembree Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hughes
Y Hugley Y Irvin
Y James
Y Jamieson
Y Jenkins
Y Johnson, D.H

Y Johnson, E Johnson, G Johnson, J
Y Johnston
Y Jones
Y Joyce
Y Kaye
Y Kinnamon Y Klein
Ladd Y Lakly Y Lane, D Y Lane, R
Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox
Mann
Y Martin Y McBee
Y McClinton
McKinney
Y Milam
Y Mills

Mobley, B Y Mobley, J Y Moore
Y Mosley
Y Mueller
E Oliver
Y O'Neal
Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Poag Polak Y Porter Poston Y Powell
Y Purcell, A
Y Purcell, B Randall
Y Randolph
Y Ray
Y Reaves
Y Reichert

1432

JOURNAL OF THE HOUSE,

Y Roberts Y Royal N Scoggins Y Shanahan
Sherrill Y Shipp Y Simpson Y Sinktield
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, P
Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas

Y Tillman Y Titus Y Towery Y Trense
Turnquest E Twiggs Y Vaughan Y Walker Y Wall

Watson Y Watts Y Westmorland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, the ayes were 144, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1878.

By Representatives Teper of the 61st, Watson of the 139th and Skipper of the 137th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to provide an exception to the provisions of such chapter.

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 Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown Y Buck Y Buckner
Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty
Carlisle Y Carrell
Y Carter Y Cauthorn
Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B
E 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
Ehrhart YEpps
Evans Y 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
Hart Y Heard
Y Hegstrom Hembree Henson
Y Holland Y Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 Y Lee Y Lewis Y Lord Y Lucas
Maddox
Y Mann Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas Y Tillman
Y Titus Y Towery
Y Trense Turnquest
E Twiggs Y Vaughan Y Walker
Y Wall Y Watson Y Watts Y Westmoreland
Y White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House, having been previously read, was again taken up for consideration:

MONDAY, FEBRUARY 28, 1994

1433

HR 1001.

By Representative Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.

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.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1038.

By Representatives Smyre of the 136th, Buck of the 135th, Lee of the 94th, Walker of the 141st and Murphy of the 18th:
A resolution commending Chancellor H. Dean Propst and inviting him to appear before the House of Representatives.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

HR 1020. By Representatives Murphy of the 18th, Purcell of the 9th and Colwell of the 7th:
A resolution commending Col. Haines Hill and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:

HB 1521.

By Representatives Patten of the 176th and Dobbs of the 92nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that certain references to standards, rules, and regulations adopted by the Board of Natural Resources mean those standards, rules, and regulations in effect on January 1, 1994.

The following Committee substitute was read:

A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that certain references to standards, rules, and reg ulations adopted by the Board of Natural Resources mean those standards, rules, and reg ulations in effect on January 1, 1994; to provide that a member of a regional solid waste management authority which fails to enter into a mutual agreement with the other mem bers of the authority may be expelled; 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 12 of the Official Code of Georgia Annotated, relating to conserva tion and natural resources, is amended by inserting at the end of subsection (c) of Code

1434

JOURNAL OF THE HOUSE,

Section 12-2-2, relating to the creation of the Environmental Protection Division of the Department of Natural Resources and related matters, the following:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1994."
Section 2. Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 12-8-30.8, relating to penalties for the violation of the "Georgia Comprehensive Solid Waste Management Act," and inserting in lieu thereof the following:
"(2) Knowingly treats, processes, stores, or disposes of any solid waste as defined in this part:
(A) Without a permit or an order of the director allowing such treatment, process ing, storage, or disposal of solid waste;
(B) In knowing violation of any material condition or requirement of such permit or order; or
(C) In knowing violation of any material condition or requirement of any applica ble regulations or standards adopted by the board in accordance with Code Section
1L9*~O~9i^O TinIT f1rUt1rCrrl. Un1n1HU Ur f1f1rU/C*Lt tnTTnT -UTUnHnnUnUrliyr T1 ^ 1LOWOPt."
Section 3. Said title is further amended by inserting at the end of Code Section 12-8-54, relating to the board of directors of regional solid waste management authorities, the following:
"(c) Any political subdivision which has become a member of such authority pursu ant to subsection (b) of Code Section 12-8-53 and has determined that it shall not enter into a mutual agreement with the other political subdivisions which are members of such authority for the financial support and administrative function of such authority may be removed from such authority subsequent to its formation upon an affirmative vote of two-thirds of those members of the board of directors of such authority representing political subdivisions which have determined to enter into such an agreement. Upon such removal, the membership of such board of directors shall be reconstituted accord ing to the terms of the agreement creating such authority as though the removed mem ber or members had never executed such agreement. Any political subdivision removed from an authority pursuant to this subsection may be restored to membership in the authority pursuant to the terms of subsection (b) of this Code section."
Section 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 12-8-82, relating to criminal penalties for the violation of the "Georgia Haz ardous Waste Management Act," and inserting in lieu thereof the following:
"(a) Any person who: (1) Knowingly transports or causes to be transported any hazardous waste as
defined in this article to a facility which does not have a permit or interim status pur suant to Code Section 12-8-66, which does not have a variance pursuant to Code Sec tion 12-8-69, or which is not subject to an order of the director which specifically authorized continued operation of such facility;
(2) Knowingly treats, stores, or disposes of any hazardous waste as defined in this article:
(A) Without a permit or interim status pursuant to Code Section 12-8-66, a vari ance pursuant to Code Section 12-8-69, or an order of the director allowing such treatment, storage, or disposal of hazardous waste;
(B) In knowing violation of any material condition or requirement of such per mit, interim status, variance, or order; or
(C) In knowing violation of any material condition or requirement of any appli cable regulations or standards promulgated in accordance with Code Section 12-8-64
nnyi.iJu tj inl fnr/\r*vf*tf?t cniniirul acififcourLj- rL\MnI ulro>iTi-u>niinrnyr JT_J 1iy0O yaP,.
(3) Knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other

MONDAY, FEBRUARY 28, 1994

1435

document filed, maintained, or used for purposes of compliance with this article or regulations promulgated in accordance with Code Section 12-8-64 and in force and
rI'flflUnCrtl nUnll UTUf.lmlUi.Unl-^.- JTj 1XQiUnZo..,
(4) Knowingly generates, stores, treats, transports, disposes of, exports, or other wise handles any hazardous waste as defined in this article, whether such activity took place before or takes place after March 14, 1985, and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with this article or regu lations promulgated in accordance with Code Section 12-8-64 and in force and effect
U.-.l->l WTnHrI>lUnHnriuy "17 1ILQTOyZOi., \.-}.l_
(5) Knowingly transports without a manifest or causes to be transported without a manifest, any hazardous waste required by this article or regulations promulgated in accordance with Code Section 12-8-64 and in force ad effect en January i-, 1902 to be accompanied by a manifest shall, upon conviction, be subject to a fine of not more than $50,000.00 for each day of violation, or imprisonment for not less than one nor more than two years, or three years in the case of a violation of paragraph (1) or (2) of this subsection, or both. If the con viction is for a violation committed after a first conviction of such person under this subsection, the maximum punishment under the respective paragraphs shall be doubled with respect to both fine and imprisonment."
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 amendment was read and adopted:

Representatives Dobbs of the 92nd, Barfoot of the 155th and Patten of the 176th move to amend the Committee substitute to HB 1521 as follows:
By adding after line 25 of page 1 the following:
"(6) Notwithstanding any other law to the contrary, whenever the division determines that a violation of any provision of this title or any rule or regulation promulgated pur suant to this title relating to those laws to be enforced by the division has occurred, the division may, but shall not be required to, attempt by conference, conciliation, or persuasion to convince the violator to cease such violation. Such order shall specify the alleged violation and shall prescribe a reasonable time for corrective action to be accom plished. Any order issued pursuant to this subsection shall become final unless the per son aggrieved requests a hearing in writing before the director not later than 30 days after such order is served."

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

Bates Y Benefield
Y Birdsong
Y Bordeaux Y Bostick
Y Breedlove Brooks, D Brooks, T

Y Brown Y Buck
Y Buckner
Y Bunn Y Burkhalter
Y Byrd Y Campbell Y Canty

Y Carlisle Y Carrell
Y Carter
Y Cauthorn Chambless
Y Chandler Y Channel! Y Childers

Y Clark Y Coker
Y Coleman, B
E Coleman, T Y Colwell
Connell Y Cox Y Crawford

1436

JOURNAL OF THE HOUSE,

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs 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 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 Irvin 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, K Y Lawrence Y Lawson

Y Lee Y Lewis YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag

Y Polak Porter
Y Poston Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkf'ield
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
Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest E 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, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 1435. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Anno tated, relating to permits for certain solid waste handling and disposal facili ties, so as to provide for limitations on the modification of certain permits.

The following Committee substitute was read:

A BILL
To amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for certain solid waste handling and disposal facilities, so as to provide for limi tations on the modification of certain permits; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for certain solid waste handling and disposal facilities, is amended by striking paragraph (1) of subsection (e) and inserting in its place a new paragraph (1) to read as follows:
"(1) The director may suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions, any order of the director, or fails to perform solid waste handling in accord ance with this part or rules promulgated under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities2 except a facility operated by an entity

MONDAY, FEBRUARY 28, 1994

1437

regulated by the Public Service Commission, shall be classified as major permit modifi cations and shall not be granted by the director sooner than three years from the date any such facility commenced operation."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:
Representative Hegstrom of the 66th moves to amend the Committee substitute to HB 1435 as follows:
By adding after line 2 of page 2 the following: "The director shall require an archeological assessment of the entire site prior to the issuance or modification of a permit".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins
Bailey
Y Baker Y Bannister N Barfoot N Bargeron N Barnes
Bates Benefield N Birdsong Y Bordeaux Bostick N Breedlove N Brooks, D Y Brooks, T Brown NBuck Y Buckner Bunn N Burkhalter N Byrd
N Campbell Y Canty Y Carlisle N Carrell
Carter Cauthorn N Chambless
N Chandler N Channell Y Childers Y Clark N Coker
N Coleman, B E Coleman, T

Colwell
Connell NCox N Crawford N Crews N Culbreth Y Cummings
Davis, G Y Davis, M N Dickinson N Dix Y Dixon, H
N Dixon, S Dobbs
N Ehrhart YEpps
Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden N Goodwin
Greene N Groover
N Hammond Hanner
Y Harris, B
N Harris, M Hart
N Heard Y Hegstrom N Hembree Y Henson N Holland Y Holmes

Y Howard N Hudson N Hughes
N Hugley N Irvin
Y James Jamieson
Y Jenkins Y Johnson, D.H N Johnson, E
Johnson, G N Johnson, J Y Johnston Y Jones Y Joyce N Kaye N Kinnamon N Klein N Ladd N Lakly
Lane, D N Lane, R N Lawrence Y Lawson NLee N Lewis N Lord Y Lucas N Maddox NMann Y Martin
Y McBee McClinton
McKinney N Milam N Mills

Y Mobley, B
N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal
Orrock N Padgett E Parham N Parrish Y Patten
N Pelote Y Perry N Pinholster
NPoag Y Polak Y Porter Y Poston N Powell N Purcell, A Y Purcell, B Y Randall
Y Randolph NRay Y Reaves N Reichert Y Roberts N Royal Y Scoggins N Shanahan N Sherrill N Shipp Y Simpson
Sinkfield N Skipper

On the adoption of the amendment, the ayes were 50, nays 99. The amendment was lost.

N Smith, C N Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W
N Smyre N Snow
N Stancil, F N Stancil, S N Stanley, L N Stanley, P
Stephenson N Streat N Taylor Y Teague Y Teper N Thomas Y Tillman
Titus N Towery N Trense Y Turnquest E Twiggs N Vaughan N Walker N Wall
Watson N Watts
N Westmorland Y White Y Williams, B
N Williams, R N Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Barnes of the 33rd moves to amend the Committee substitute to HB 1435 as follows:

1438

JOURNAL OF THE HOUSE,

By adding Section 2 on line 3:
This Act shall apply to any application that is filed after the effective date of this Act only.
By renumbering the following Sections.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey Y Baker N Bannister N Barfoot
Y Bargeron Y Barnes N Bates N Benefield N Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D N Brooks, T
Brown YBuck N Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty Y Carlisle Y Carrell
Carter Cauthorn Chambless Y Chandler N Channel! N Childers N Clark N Coker N Coleman, B E Coleman, T

Colwell
Y Connell Cox
N Crawford N Crews
Y Culbreth Cummings Davis, G
Y Davis, M N Dickinson
Dix Y Dixon, H N Dixon, S
Dobbs N Ehrhart
YEpps Evans
N Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden N Goodwin
Y Greene Y Groover
Y Hammond Hanner
Y Harris, B
N Harris, M Hart
N Heard N Hegstrom N Hembree N Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes
Y Hugley N Irvin N James
Jamieson N Jenkins
Johnson, D.H N Johnson, E N Johnson, G N Johnson, J N Johnston N Jones N Joyce N Kaye Y Kinnamon
N Klein NLadd N Lakly N Lane, D Y Lane, R N Lawrence N Lawson
N Lee N Lewis
Y Lord Y Lucas N Maddox N Mann N Martin N McBee N McClinton
McKinney N Milam
N Mills

Y Mohley. B
N Mobley, J N Moore Y Mosley
N Mueller E Oliver N O'Neal
Orrock N Padgett E Parham Y Parrish Y Patten N Pelote Y Perry N Pinholster NPoag N Polak N Porter
Y Poston Y Powell
Y Purcell, A N Purcell, B
Y Randall N Randolph
NRay N Reaves Y Reichert Y Roberts N Royal N Scoggins N Shanahan
N Sherrill N Shipp
Y Simpson Sinkfield
Y Skipper

On the adoption of the amendment, the ayes were 62, nays 93. The amendment was lost.

N Smith, C Y 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, P Y Stephenson Y Streat Y Taylor N Teague N Teper
Thomas Y Tillman N Titus N Towery N Trense N Turnquest
E Twiggs N Vaughan Y Walker N Wall
Y Watson Y Watts N Westmoreland Y White N Williams, B N Williams, R N Yates
Yeargin Murphy, Spkr

The following amendments were read and adopted:

Representative Stancil of the 16th moves to amend the Committee substitute to HB 1435 as follows:
By adding in line 2 of page 2 between the word "operation" and the symbol ".", the following words and symbols:
"j provided, however, that a permit may be modified by the director to allow a vertical or horizontal expansion one time within three years from the date the facility com menced operation so long as the capacity of the facility is not increased more than 10 per cent".

Representative Lawrence of the 64th moves to amend the Committee substitute to HB 1435 as follows:

MONDAY, FEBRUARY 28, 1994

1439

Page 1 Line 25 change "an" to "a" Line 26 change word "entity" to "utility".

Representative Smith of the 169th moved that the House reconsider its action in fail ing to adopt the Hegstrom amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Atkins N Bailey Y Baker
Bannister N Barfoot N Bargeron N Barnes N Bates N Benefield
N Birdsong Y Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T N Brown N Buck
Y Buckner Bunn
N Burkhalter YByrd N Campbell Y Canty Y Carlisle N Carrell N Carter
Cauthorn N Ohambless N Chandler N Channell Y Childers Y Clark N Coker
Coleman, B N Coleman, T

N Colwell N Connell NCox N Crawford N Crews
N Culbreth Y Cummings Y Davis, G N Davis, M N Dickinson N Dix
Dixon, H
N Dixon, S Dobbs
N Ehrhart YEpps
Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee N Golden N Goodwin
N Greene N Groover
N Hammond N Manner N Harris, B N Harris, M
Y Hart Y Heard Y Hegstrom N Hembree Y Henson Y Holland Y Holmes

Howard
N Hudson N Hughes Y Hugley N Irvin N James
Jamieson Y Jenkins Y Johnson, D.H
N Johnson, E N Johnson, G N Johnson, J Y Johnston Y Jones Y Joyce NKaye N Kinnamon N Klein
NLadd N Lakly
N Lane, D N Lane, R N Lawrence
Lawson NLee N Lewis NLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McClinton
McKinney N Milam N Mills

Y Mobley, B N Mobley, J N Moore
Y Mosley N Mueller E Oliver
Y O'Neal Y Orrock N Padgett E Parham N Parrish Y Patten Y Pelote Y Perry
N Pinholster N Poag Y Polak
Y Porter Y Poston N Powell N Purcell, A Y Purcell, B N Randall Y Randolph
NRay Reaves
N Reichert Y Roberts N Royal
Scoggins N Shanahan N Sherrill N Shipp
N Simpson Sinkfield
N Skipper

N Smith, C N Smith, L N Smith, P Y Smith, T N Smith, V N Smith, W N Smyre N Snow
Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor Y Teague Y Teper N Thomas N Tillman
Titus N Towery
N Trense Y Turnquest E Twiggs N Vaughan N Walker
N Wall N Watson N Watts N Westmoreland Y White Y Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

On the motion, the ayes were 52, nays 106. The motion was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Y Baker
Y Bannister Y Barfoot
Bargeron N Barnes Y Bates Y Benefield Y Birdsong

Y Bordeaux Y Bostick N Breedlove Y Brooks, D
Y Brooks, T Y Brown N Buck
Y Buckner Y Bunn Y Burkhalter YByrd

Y Campbell
Y Canty N 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 Y Cox Y Crawford Y Crews N Culbreth Y Cummings Y Davis, G

Y Davis, M Y Dickinson YDix N Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
N Epps Evans
Y Felton N Floyd, J.M

1440

JOURNAL OF THE HOUSE,

Y Floyd, J.W Godbee
N Golden Y Goodwin Y Greene Y Groover N Hammond
Manner 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 N Hugley Y Irvin 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 YLadd Y Lakly Y Lane, D
N Lane, R Y Lawrence Y Lawson Y Lee Y Lewis YLord Y Lucas
Y Maddox Y Mann Y Martin Y McBee Y McClinton

McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish N Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B

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 Skipper
Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W N Smyre YSnow Y Stancil, F Y Stancil, S Y Stanley, L

Y Stanley, P Y Stephenson Y Streat N Taylor N Teague Y Teper Y Thomas Y Tillman
Titus Y Towery Y Trense
Y Turnquest E 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 148, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 1435 was ordered immediately transmitted to the Senate.

SB 626. By Senators Robinson of the 16th, Ray of the 19th, Gillis of the 20th and Hooks of the 14th:
A bill to amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for construction and operation of petroleum and gas pipelines, so as to pro vide for legislative findings; to create the Petroleum Pipeline Study Commit tee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abol ishment of the study committee on January 1, 1995.

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Anno tated, relating to the exercise of the power of eminent domain for construction and opera tion of petroleum and gas pipelines, so as to provide for legislative findings; to create the Petroleum Pipeline Study Committee to study the need for statutory land use controls or restrictions related to the siting and regulation of petroleum pipelines; to provide for the abolishment of the study committee on January 1, 1995; to suspend the exercise of the right of eminent domain in this state by petroleum pipeline corporations for a period end ing on March 31, 1995; to provide for applicability; to provide for a waiver; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 3 of Title 22 of the Official Code of Georgia Anno tated, relating to the exercise of the power of eminent domain for construction and opera tion of petroleum and gas pipelines, is amended by designating Code Sections 22-3-80

MONDAY, FEBRUARY 28, 1994

1441

through 22-3-83 as Part 2 of Article 4 and by inserting a new Part 1 of Article 4 to read as follows:
"Part 1
22-3-70. With respect to the siting and regulation of petroleum pipelines in this state, the General Assembly finds that:
(1) The natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens and the State of Georgia has an essential pub lic interest in establishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas;
(2) In furtherance of the goals stated in paragraph (1) of this Code section, the State of Georgia has implemented a process of identifying areas of 'regionally impor tant resources,' which areas are to be protected from development through the cre ation of management plans that provide recommendations and guidelines for development in these areas, and the initial management plans for three such prelimi nary designated areas are expected to be completed and approved by the Department of Community Affairs by 1995;
(3) The siting, construction, and operation of petroleum pipelines create significant impacts on land, including, among other things, the destruction of property, buildings, crops, forests, wetlands, and wildlife habitat associated with the construction of such pipelines; the permanent and continued clearing of the pipeline path necessary for aerial surveillance, thereby eliminating the possibility of many types of land use on such property, including the growth of trees; and restrictions on other land develop ment on or along the pipeline path that may be inconsistent with the pipeline's opera tion and safety;
(4) The siting, construction, and operation of petroleum pipelines further create significant potential impacts on land usage, including, among other things, impacts associated with slow leakage of product into ground water and surrounding areas that may go undetected for long periods of time; impacts associated with catastrophic spills and ruptures that may seriously pollute surface and ground waters, destroy wildlife and wildlife habitat, and threaten water supplies, including such spills as those occur ring on Colonial Pipeline Company pipelines in March, 1993, near Herndon, Virginia; in December, 1991, near Greenville, South Carolina; and in December, 1989, near Fredericksburg, Virginia; and impacts associated with additional development in or around pipeline paths that may result in damage to pipelines and leakage or spilling of product;
(5) There has occurred in this state a significant pollution of ground water in Crawford County, approximately ten miles north of Fort Valley, by petroleum products which leaked undetected from a Colonial Pipeline Company pipeline during the period of 1973 through 1976, the impact of which is only now being discovered and ascertained;
(6) The impacts on land associated with the siting, construction, and operation of petroleum pipelines may be inconsistent with standards for land use necessary to pro tect and preserve the State of Georgia's natural resources, environment, and vital areas and also may be inconsistent with any management plans developed for areas of 'regionally important resources' approved by 1995 for the areas preliminarily desig nated as such;
(7) State law presently provides that '(a)ny corporation engaged in constructing, running, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for the transportation of petroleum and petroleum products shall have the right of eminent domain' (Code Section 22-3-80);
(8) Petroleum pipeline companies are not governmental entities subject to the political process, nor are they quasi-public entities whose siting decisions are subject to review by a public service commission;
(9) The federal Hazardous Liquid Pipeline Safety Act of 1979 does not require any preconstruction review or permit prior to the siting and construction of a petroleum pipeline, and the State of Georgia does not have a petroleum pipeline siting law that

1442

JOURNAL OF THE HOUSE,

would require state review of the land use and environmental impacts of petroleum pipeline company siting decisions;
(10) One or more petroleum pipeline extensions or developments are under consid eration for the State of Georgia that may involve the exercise of rights under Code Section 22-3-80 by 1995;
(11) There is no urgent public need for additional petroleum pipelines by 1995 because alternative sources of delivery of petroleum products exist and are presently serving the public need for such product;
(12) The vitally important issue of land use impacts associated with petroleum pipelines merits a detailed study by elected officials and experts in this field to ensure that the exercise of eminent domain rights by petroleum pipeline companies is carried out in a prudent and responsible manner consistent with Georgia's essential public interest in establishing minimum standards for land use in order to protect and pre serve its natural resources, environment, and vital areas;
(13) A temporary moratorium on the eminent domain rights of petroleum pipeline companies through the end of the 1995 legislative session would provide the General Assembly with time to study the need for land use controls or restrictions related to petroleum pipelines, including but not limited to those related to siting of pipelines, and to assess various proposals for placing restrictions on the eminent domain rights that petroleum pipeline companies presently enjoy or proposals for enacting laws ensuring the consistency of petroleum pipeline development and operation with the state's land use goals and standards; and
(14) A temporary moratorium on the eminent domain rights of petroleum pipeline companies through the end of the 1995 legislative session would permit the Depart ment of Community Affairs to complete the process of developing management plans for areas designated in the state as 'regionally important resources,' which plans may contain recommendations and guidelines for the inclusion or exclusion of petroleum pipelines in such areas. 22-3-71. There is created the Petroleum Pipeline Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives; three members of the Senate to be appointed by the Pres ident of the Senate; the commissioner of natural resources or his or her designee; the commissioner of community affairs or his or her designee; and five members to be appointed by the Governor, which members shall represent a cross-section of the inter ests of local government, business, agriculture, and conservation. The Speaker of the House of Representatives and the President of the Senate shall each select a cochairperson. The cochairpersons shall call all meetings of the committee. Technical support for the committee shall be provided by the staff of the Office of Planning and Budget, the staff of the Department of Natural Resources, or the staff of the Depart ment of Community Affairs, as appropriate.
22-3-72. (a) The Petroleum Pipeline Study Committee shall perform the following by December 31, 1994:
(1) Examine the impacts on land associated with petroleum pipeline siting, con struction, and operation, including impacts associated with potential leaks and spills;
(2) Examine the current legal and regulatory structure pertinent to the protection of land uses and natural resources from impacts associated with petroleum pipeline siting, construction, and operation;
(3) Examine the purposes behind and necessity, if any, of Code Section 22-3-80 and the grant therein of eminent domain rights to petroleum pipeline companies;
(4) Consider the extent to which the rights granted petroleum pipeline companies under Code Section 22-3-80, and more broadly the existing legal and regulatory sys tem pertinent to the siting, construction, and operation of petroleum pipelines, are consistent with and implement Georgia's essential public interest in establishing mini mum standards for land use in order to protect and preserve its natural resources, environment, and vital areas;
(5) Consider legal and regulatory mechanisms by which the eminent domain rights of petroleum pipeline companies can be appropriately restricted or controlled in order

MONDAY, FEBRUARY 28, 1994

1443

to ensure siting of pipelines that is consistent with state and local land use policies and the protection of natural resources;
(6) Take into account any management plans developed for areas of 'regionally important resources' by the Department of Community Affairs and consider means of strengthening and implementing the recommendations of such plans as to petroleum pipelines;
(7) Prepare a report summarizing the findings of the committee; and (8) Recommend to the General Assembly proposed legislation as necessary to accomplish the goal of ensuring that petroleum pipeline siting, construction, and oper ation are consistent with and implement Georgia's essential public interest in estab lishing minimum standards for land use in order to protect and preserve its natural resources, environment, and vital areas. (b) The legislative members of the committee shall be entitled to receive the com pensation and allowances authorized for legislative members of interim study commit tees from funds appropriated to the House of Representatives and the Senate. The members of the committee who are members of state government shall be reimbursed for their actual expenses incurred in connection with the commission by the respective agency which employs the member. The members of the committee who are neither leg islative nor state government members shall be entitled to receive the compensation and allowances authorized for legislative members of interim study committees and the funds for payment thereof shall come from funds of the Department of Natural Resources. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its power, per form its duties, and accomplish the objectives and purposes of this Code section. The committee shall stand abolished on January 1, 1995."
Section 2. Said article is further amended by adding to Code Section 22-3-80, relat ing to the power of corporations constructing and operating petroleum pipelines to con demn property, new subsections (d), (e), and (f) to read as follows:
"(d) The rights of eminent domain granted by this Code section are temporarily sus pended from the effective date of this subsection through and until March 31, 1995, in order to permit the Petroleum Pipeline Study Committee created by Code Section 22-3-71 to complete its report and recommendations and to permit the General Assem bly to act on those recommendations during the 1995 legislative session. Between the effective date of this subsection and March 31, 1995, any corporation engaged in con structing, running, or operating pipelines in this state as a common carrier in interstate or intrastate commerce for the transportation of petroleum and petroleum products may not exercise any eminent domain rights under this Code section, including, without limi tation, the conducting of surveying activities and the condemnation of any property through the exercise of eminent domain.
(e) The temporary suspension of the right of eminent domain provided in subsection (d) of this Code section shall not apply to acquisitions for the purpose of establishing the right to maintain an existing pipeline in place or to acquisitions within 200 feet of an existing petroleum pipeline for purposes of line replacements or relocations or for purposes of temporary work space for repairs of existing petroleum pipelines.
(f) Between the effective date of this subsection and March 31, 1995, any corporation engaged in constructing, running, or operating pipelines in this state as a common car rier in interstate or intrastate commerce for the transportation of petroleum and petro leum products may apply to the executive director of the State Properties Commission for a waiver of the temporary suspension of the rights of eminent domain provided in subsection (d) of this Code section based upon facts which demonstrate an essential and immediate need to proceed with the survey, study, and acquisition of the land in ques tion and which demonstrate no substantial adverse impact upon the environment arising from the acquisition. The executive director of the State Properties Commission is authorized to grant such waivers after consultation with the Department of Transporta tion and the Department of Natural Resources and any other appropriate state agencies. The executive director shall make a determination on any request for a waiver within 30 days of the receipt of a request. A decision by the executive director of the State

1444

JOURNAL OF THE HOUSE,

Properties Commission to deny a waiver of the temporary suspension of the right of eminent domain as to a particular piece of property may be reviewed by the State Prop erties Commission at its next regularly scheduled meeting. The State Properties Com mission may affirm, modify, or reverse the decision of the executive director upon its review."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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
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 N Davis, M Y Dickinson YDix Y Dixon, H Y Dixon,S
Dobbs 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 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 Irvin 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
Y Lucas Y Maddox YMann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry
Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B 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 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
Y Teague Y Teper
Y Thomas Y Tillman Y Titus
Y Towery Y Trense Y Turnquest E 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 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1681.

By Representatives Culbreth of the 132nd, Watts of the 26th and Smith of the 174th:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Anno tated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to revise the definition of adverse underwrit ing decision; to repeal the definition of unauthorized insurer; to delete refer ences to agents in connection with adverse underwriting decisions.

MONDAY, FEBRUARY 28, 1994

1445

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnes 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 Y Byrd Y Campbell Y Canty
Carlisle Y Carrell Y Carter
Cauthorn
Y Chambless Y Chandler Y Channel! Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T

Colwell
Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix
Dixon, H
Y Dixon, S Y Dobbs 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 Hudson
Y Hughes
Y Hugley Y Irvin
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 Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Porter Y Poston
Powell Y Purcell, A Y Purcell, B 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 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 Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague
YTeper Thomas
Y Tillman Y Titus Y Towery Y Trense Y Turnquest E Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmorland
Y White Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 471. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to property, casualty, and surety insurance, so as to provide that in an instance in which a claim is covered by two carriers, one carrier may settle and thereby release it and its insured from liability.

The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to property, casualty, and surety insurance, so as to provide -that in an instance in which a claim is covered by two carriers, one carrier may settle and thereby release it and its insured from liability; to provide that any carrier that does not so settle shall continue to be liable to the extent of its policy limits; to provide when such carrier is liable for an excess judgment; to provide for a duty to defend; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to property, casualty, and surety insurance, is amended by striking in its

1446

JOURNAL OF THE HOUSE,

entirety Code Section 33-24-41.1, relating to the tender and acceptance of the limits of a policy of insurance and other matters, and inserting in lieu thereof the following:
"33-24-41.1. (a) In any instance where a claim arising out of a motor vehicle accident is covered Dy ft iiflDiiity cftrncr ftnet is of HIfly "fee covered Dy &n tminsured motorist carrier, the liability earner two or more insurance carriers, one such carrier may tender, and the claimant may accept, the liability limits of such policy; and, in the event of mul tiple claimants, the liability settling carrier may tender, and the claimants may accept, the liability limits of the liability policy pursuant to a written agreement between or among the claimants. Such claimant or claimants may execute a limited release applica ble ely to the liability settling carrier and releasing only such liability earner from any further claims its insured based on injuries to such claimants including, without limita tion, claims for loss of consortium or loss of services asserted by any person.
(b) The limited release ef the liability earner provided for in subsection (a) of this Code section shall net:
(1) Release the settling carrier from all liability from any claims of the claimant or claimants based on injuries to such claimant or claimants; and
(2) Release the insured tort-feasor covered by the policy of the settling carrier from all personal liability from any and all claims arising from the occurrence on which the claim is based except to the extent other insurance coverage is available which covers such claim or claims.
the liability earner paid as consideration ef- the settlement authorized in subsection {a} ef-this Cede section;
{2)--Affect any duty the liability carrier owes te its insured, including without limi-
{3)--Bar a claimant's recovery against any other tort-feasor er under any other peliey ef insurance, including without limitation the claimant's uninsured er undcrinsurod motorists coverage;
{4)--Bar any claim fey e* against the liability carrier fer subrogation er contribution; er
\o)--06 fldm1991 Die tR evidence Deiorc trie trier of iflct tft trie trifli of ft tort flction( DUX trie flmount* pQiu tnereunder snflii oc &dmi99iDie ft& provided Dy isw fts evidence of
offset against any verdict ef the trier ef faefc (c) No policy of uninsured or underinsured motorist coverage issued in this state
after July 1, 1992 1994, shall prohibit any claimant from settling any claim with a liabil ity carrier as provided in subsection (a) of this Code section or require the permission of the uninsured or underinsured motorist carrier to so settle any claim with the liability carrier.
(d) The limited release of the settling carrier provided for in subsection (a) of this Code section shall not:
(1) Bar a claimant's recovery against any other tort-feasor or under any other pol icy of insurance or release any other insurance carrier providing applicable coverage unless specifically provided for in such release;
(2) Be admissible in evidence before the trier of fact in the trial of a tort action, but the amount paid thereunder shall be admissible as provided by law as evidence of the offset against the liability of an uninsured motorist carrier and as evidence of the offset against any verdict of the trier of fact;
(3) Affect any duty the settling carrier owes to its insured under its policy includ ing, without limitation, the duty to defend a subrogation claim brought against its insured; or
(4) Release the tort-feasor from personal liability to the extent that there is other insurance in effect which covers the said claim or claims, but only to the extent of such other insurance, (e) The provisions of this Code section shall not be construed so as to interfere with the obligation of the insured to cooperate in his or her defense with the insurance carrier as provided in the policy of insurance."

MONDAY, FEBRUARY 28, 1994

1447

Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Klein of the 39th and Holland of the 157th move to amend the Com mittee substitute to HB 471 as follows:
P. 1, L. 20 delete at the end of the line the word "a".
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 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 Y Brown YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Cauthorn Y Chambless Y Chandler Y Channell Y Childers 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 Dobbs
Y Ehrhart Y Epps 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 Y Hart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes

Howard Y Hudson Y Hughes
Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J N Johnston Y Jones Y Joyce YKaye Y Kinnamun Y Klein
YLadd Y Lakly
Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann
Martin Y McBee
McClinton McKinney Y Milam
N Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert
Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
N Shipp Y Simpson Y Sinkfield 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
Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest E 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 passage of the Bill, by substitute, as amended, the ayes were 159, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 471 was ordered immediately transmitted to the Senate.

HR 961. By Representatives Perry of the llth, Pinholster of the 15th, Connell of the 115th, Walker of the 141st, Chandler of the 99th and others:
A resolution honoring Ralph "Country" Brown and designating the Ralph "Country" Brown Highway.

1448

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister
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
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
Y Connell Y Cox Y Crawford Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson YDix Y Dixon, H Y Dixon, S Y Dobbs Y 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
Hart
Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard
Hudson Y Hughes
Y Hugley Y Irvin
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
Y Ladd 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 Y Milam
Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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 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
Y Teague Y Teper Y Thomas
Y Tillman Y 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 Y Murphy, Spkr

On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 419. By Representatives Mueller of the 152nd, Cummings of the 27th, Smith of the 109th, Jamieson of the 22nd and Smith of the 174th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credits under the Employees' Retirement Sys tem of Georgia, so as to provide that any member whose contributions to the retirement system were suspended because the member was unable to work because of an injury incurred during the course of employment may purchase service credit for such period.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to public retirement and pension systems, so as to provide that certain public employees who are temporarily disabled shall be eligible to obtain cred itable service under their respective retirement systems for service lost during the tempo rary disability subject to certain limitations; to provide for definitions; to provide for other

MONDAY, FEBRUARY 28, 1994

1449

matters relative to the foregoing; to provide conditions for an effective date and for auto matic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions applicable to public retirement and pension systems, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
47-1-40. As used in this article, the term: (1) 'Public employee' means an active member of a retirement system defined in
paragraph (2) of this Code section. (2) 'Retirement system' means: (A) The Employees' Retirement System of Georgia provided for in Chapter 2 of this title; (B) The Teachers Retirement System of Georgia provided for in Chapter 3 of this title; and (C) The Public School Employees Retirement System provided for in Chapter 4 of this title. (3) 'Temporary disability' means a physical or mental illness, sickness, or disorder
caused by job-related disease or accident which causes a public employee to cease receiving compensation as an active public employee to the extent that the employee loses all or a portion of the period of temporary disability as creditable service under the employee's respective retirement system, but the term does not include any period of disability during which the employee qualifies for a disability benefit under the respective retirement system or any period of disability for which the employee may receive creditable service under the provisions of the employee's respective retirement system. 47-1-41. A public employee may receive creditable service under the public employee's respective retirement system for a maximum of 12 months of temporary dis ability. A public employee wishing to obtain such creditable service shall apply to the board of trustees or other official or body administering the respective retirement system within not more than six months after returning to service immediately following the temporary disability. The public employee shall be required to pay the employee contri butions that would have been paid during the period of temporary disability which is claimed for creditable service plus regular interest, as determined by the respective board of trustees or other official or body administering the respective retirement sys tem, compounded from the period of disability for which creditable service is claimed to the date of payment. Such employee contribution shall be based on the compensation the public employee was receiving for employee contribution purposes immediately prior to becoming temporarily disabled. 47-1-42. Obtaining creditable service pursuant to the provisions of this article shall not preclude the use of the provisions of this article to obtain creditable service for another future temporary disability, provided that there is a period of at least five years of active service as a contributing member of the respective retirement system between any claims for creditable service under this article. 47-1-43. The provisions of this article shall apply to periods of temporary disability which occurred prior to July 1, 1994, as well as those which occur on or after that date. The boards of trustees or other officials or bodies administering retirement systems may by rule or regulation require such proof of temporary disability and other documentation as may be reasonably necessary to carry out the provisions of this article."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.

1450

JOURNAL OF THE HOUSE,

Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the 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 Carrel)
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 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 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 Irvin
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 Ktnnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson
YLee Y Lewis YLord
Y Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett E Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B 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
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 Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Trense Y Turnquest
Y Twiggs Y Vaughan
Walker Y Wall Y Watson Y Watts Y Westrooreland
White Y Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

MONDAY, FEBRUARY 28, 1994

1451

AFTERNOON SESSION

The Speaker called the House to order.
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker: Your Committee on Health & Ecology has had under consideration the following Bill
of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 1860 Do Pass, as Amended Respectfully submitted,
/s/ Childers of the 13th Chairman
Representative Colwell of the 7th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:
Mr. Speaker: Your Committee on State Institutions & Property has had under consideration the
following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1003 Do Pass Respectfully submitted,
/s/ Colwell of the 7th Chairman
The following Resolutions of the House were read and adopted:
HR 1041. By Representative James of the 140th: A resolution commending the purpose, objective, and participants of the 1994 Georgia Agri-Leaders Forum.
HR 1042. By Representative Chandler of the 99th: A resolution commending the 1993 Douglasville Mustangs.
HR 1043. By Representative Stancil of the 91st: A resolution expressing regret at the passing of Gene Marks.
HR 1044. By Representatives Colwell of the 7th, Watts of the 26th, Watson of the 139th, Dixon of the 150th, Cummings of the 27th and others: A resolution recognizing and commending Lorianne Crook and Charlie Chase.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:

1452

JOURNAL OF THE HOUSE,

HB 1814.

By Representative Watson of the 139th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide a source of funding and procedures for site investigation, engineering, and cleanup in cases where solvents used by dry cleaners may contaminate the environment.

The report 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 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1690.

By Representative Byrd of the 170th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the Divi sion of Master Plumbers and Journeyman Plumbers to require continuing education for renewal of master plumber licenses.

The following Committee substitute was read:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to authorize the Division of Master Plumbers and Journey man Plumbers to require continuing education for renewal of Journeyman Plumbers and master plumber licenses; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding to Code Section 43-14-6, relating to powers and duties of divisions, a new subsection, to be designated subsection (g), to read as fol lows:
"(g) (1) With respect to Journeyman Plumber, Master Plumber Class I, and Master Plumber Class II licenses, the Division of Master Plumbers and Journeyman Plumbers shall be authorized to require persons seeking renewal of such licenses to complete board approved continuing education of not more than six hours biennially. The divi sion shall be authorized to approve courses offered by institutions of higher learning, vocational-technical schools, and trade, technical, or professional organizations; pro vided, however, that continuing education courses or programs related to plumbing provided or conducted by institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection.
(2) The division shall be authorized to waive the continuing education require ments in cases of hardship, disability, or illness or under such other circumstances as the division deems appropriate."
Section 2. This Act shall become effective on July 1, 1994.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

MONDAY, FEBRUARY 28, 1994

1453

Representative Westmoreland of the 104th moves to amend the Committee substitute to HB 1690 as follows:
To add a new subsection (3) to subsection (g) to provide as follows:
(3) Any professional organization which is authorized to offer such continuing educa tion to licensees shall be required to charge the same fees and costs, if any, for such continuing education to licensees who are not members of the professional association as it charges to licensees who are members of such professional association.

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
Baker Y Bannister
Y Barfoot
Bargeron
Barnes Bates Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D Brooks, T Brown
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Carlisle Carrell Y Carter Cauthorn Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Colwell Y Connell
Cox Y Crawford Y Crews
Culbreth Y Cummings
Davis, G Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps N Evans
Felton Floyd, J.M
Y Floyd, J.W Godbee
Y Golden Goodwin
Y Greene Y Groover Y Hammond Y Hanner Y Harris, B Y Harris, M
Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland
Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin
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 YLadd Y Lakly
Lane, D
Lane, R Y Lawrence
Lawson
Lee Y Lewis
Lord Lucas Y Maddox YMann Martin Y McBee Y McClinton McKinney Milam N Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
E Oliver Y O'Neal Y Orrock
Padgett E Parham Y Parrish Y Patten Y Pelote N Perry Y Pinholster
Poag Y Polak
Porter Y Poston
Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Snow Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus Y Towery
Trense
Turnquest Twiggs
Y Vaughan Walker
Y Wall Y Watson
Watts Y Westmoreland
White Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 1002. By Representative Bordeaux of the 151st: A resolution authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1454

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey Baker Y Bannister Y Barfoot Y Bargeron Barnes Y Bates Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Y Carlisle Y Carrell Y Carter Cauthorn 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
Dobbs Y Ehrhart YEpps
Y Evans Felton
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
Holmes

Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane, D
Y Lane, R Y Lawrence Y Lawson
Lee Y Lewis
Lord
Lucas Maddox YMann
Martin Y McBee Y McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Poston Y Powell Y Purcell, A Y Purcell, B Randall Y Randolph YRay Reaves Y Reichert Roberts Y Royal Y Scoggins Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus Y Towery
Trense 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 adoption of the Resolution, the ayes were 134, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1666.

By Representative Bordeaux of the 151st:
A bill to amend Chapter 30 of Title 43 of the Official Code of Georgia Anno tated, relating to optometrists, so as to change the name of the State Board of Examiners in Optometry; to change the provisions relating to qualifica tions for membership on such board; to change the requirements for certifi cation and registration necessary to engage in the practice of optometry.

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
Birdsong Y Bordeaux Y Bostick

Y Breedlove
Y Brooks, D Brooks, T Brown
Y Buck 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 YCox

Y Crawford Y Crews Y Culbreth
Cummings Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H Y Dixon,S
Dobbs Y Ehrhart YEpps

Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B Y Harris, M

MONDAY, FEBRUARY 28, 1994

1455

Hart Y Heard Y Hegstrom
Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye

Y Kinnamon
Y Klein YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence Y Lawson
Lee Y Lewis YLord
Lucas Y Maddox Y Mann
Martin Y McBee Y McClinton
McKinney
Milam Y Mills Y Mobley, B Y Mobley, J Y Moore

Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell
Purcell, A
Y Purcell, B Y Randall Y Randolph YRay
Reaves

Y Reichert Roberts
Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre YSnow Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson

Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y 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 146, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1836. By Representatives Chambless of the 163rd, Floyd of the 172nd, Bostick of the 165th and Oliver of the 154th:
A bill to amend Chapter 9 of Title 11 of the Official Code of Georgia Anno tated, relating to secured transactions, sales of accounts, and chattel paper, so as to provide for a defined term; to provide for filing to perfect a security interest; to provide for a "fixture filing"; to prohibit terms in contracts to prohibit assignment.

The following Committee substitute was read and adopted:

A BILL
To amend Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, sales of accounts, and chattel paper, so as to provide for a defined term; to provide for filing to perfect a security interest; to provide for a "fixture filing"; to prohibit terms in contracts to prohibit assignment; to provide for requisites of financing statements; to provide for amendments of financing statements; to provide for filing under a trade name; to provide for what shall constitute a filing; to provide for continuation statements; to provide for file numbers and indexing; to provide for notice filing; to pro vide for public inspection; to provide for assignments of record; to provide for release of collateral; to provide for information stored in the central indexing system; to provide for archival storage of computerized records; to provide for related matters; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, sales of accounts, and chattel paper, is amended by striking sub section (2) of Code Section 11-9-105, relating to definitions and an index of definitions, and inserting in its place the following:
"(2) Other definitions applying to this article and the Code sections in which they appear are:
'Account.' Code Section 11-9-106. 'Attach.' Code Section 11-9-203. 'Commission merchant.' Code Section 11-9-307(4).

1456

JOURNAL OF THE HOUSE,

'Construction mortgage.' Code Section 11-9-313(1). 'Consumer goods.' Code Section 11-9-109(1). 'Equipment.' Code Section 11-9-109(2). 'Farm products.' Code Section 11-9-109(3). 'Filing officer.' Code Section 11-9-401(1). 'Fixture.' Code Section 11-9-313(1). 'Fixture filing.' Code Section 11-9-313(1). 'General intangibles.' Code Section 11-9-106. 'Inventory.' Code Section 11-9-109(4). 'Lien creditor.' Code Section 11-9-301(3). 'Proceeds.' Code Section 11-9-306(1). 'Purchase money security interest.' Code Section 11-9-107. 'United States.' Code Section 11-9-103."
Section 2. Said article is further amended by striking subsection (1) of Code Section 11-9-302, relating to when filing is required to perfect security interests, and inserting in its place the following:
"(1) A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under Code Section 11-9-305;
(b) A security interest temporarily perfected in instruments or documents without delivery under Code Section 11-9-304 or in proceeds for a ten-day period under Code Section 11-9-306;
(c) A security interest created by an assignment of a beneficial interest in a trust or a decedent's estate;
(d) A purchase money security interest in consumer goods; but fixture filing is required for priority over conflicting interests in fixtures to the extent provided in Code Section 11-9-313;
(e) An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor;
(f) A security interest of a collecting bank (Code Section 11-4-208) or in securities (Code Section 11-8-321) or arising under the article on sales (see Code Section 11-9-113) or covered in subsection (3) of this Code section;
(g) An assignment for the benefit of all the creditors of the transferor, and subse quent transfers by the assignee thereunder. In addition, if the financing statement covers crops growing or to be grown, or minerals or the like (including oil and gas), or accounts subject to subsection (5) of Code Section 11-9-103, or is filed as a fixture filing (Code Section 11-9-313), a notice filing as provided in subsection (7) of Code Section 11-9-403 must be made to perfect a security interest in such collateral."
Section 3. Said article is further amended by striking paragraph (b) of subsection (1) of Code Section 11-9-313, relating to priority of security interests, and inserting in its place the following:
"(b) A 'fixture filing' is the filing in the office where a mortgage en the real estate would fee filed er recorded of a financing statement covering goods which are or are to become fixtures and the filing of the related notice as provided in subsection (7) of Code Section 11-9-403, conforming to the requirements of subsection (5) of Code Section 11-9-402 and subsection (7) of Code Section 11-9-403."
Section 4. Said article is further amended by striking subsection (4) of Code Section 11-9-318, relating to defenses against assignee, and inserting in its place the following:
"(4) A term in any contract between an account debtor and an assigno^ including any contract for the assignor to provide services to the account debtor, is ineffective if it prohibits assignment of an account or prohibits creation of a security interest in a general intangible for money due or to become due or requires the account debtor's con sent to such assignment or security interest."

MONDAY, FEBRUARY 28, 1994

1457

Section 5. Said article is further amended by striking subsection (1) of Code Section 11-9-401, relating to place of filing, and inserting in its place the following:
"(1) The proper place to file in order to perfect a security interest is with the clerk of the superior court of any county of the state (the 'filing officer')."
Section 6. Said article is further amended by striking Code Section 11-9-402, relating to formal requisites of financing statement, and inserting in its place the following:
"11-9-402. (1) A financing statement is sufficient if it complies with the require ments of this Code section and gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, and sets forth the social security number or, if other than a natural person, the Internal Revenue Service taxpayer identification number of the debtor, contains a statement indicating the types, or describing the items, of collateral, and, where both (i) the collat eral described consists only of consumer goods as defined in Code Section 11-9-109 and (ii) the secured obligation is originally $5,000.00 or less, gives the maturity date of the secured obligation or specifies that such obligation is not subject to a maturity date. A financing statement which otherwise complies with the requirements of this Code section is sufficient when it is signed by the secured party instead of the debtor if there is filed with such financing statement a copy of the security agreement or real estate mortgage granting the security interest in the collateral described in the financing statement and containing an original or photostatic, microphotographic, photographic, or optical image reproduction of the debtor's signature. A financing statement may be filed before a secu rity agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, or minerals or accounts subject to sub section (5) of Code Section 11-9-103, or when the financing statement is filed as a fix ture filing (Code Section 11-9-313) and the collateral is goods which are or are to become fixtures, the statement must also comply with subsection (5) of this Code sec tion. 'Secured obligation' for purposes of this Code section and Code Section 11-9-403 shall include a loan or any series of advances of money pursuant to a loan agreement or undertaking or any forbearance to enforce a claim for the collection of money or any purchase price or any installment obligation or any other obligation.
(2) A financing statement which otherwise complies with subsection (1) of this Code section is sufficient when it is signed by the secured party instead of the debtor if it is filed to perfect a security interest in:
(a) Collateral already subject to a security interest in another jurisdiction when it is brought into this state, or when the debtor's location is changed to this state. Such a financing statement must state that the collateral was brought into this state or that the debtor's location was changed to this state under such circumstances; or
(b) Proceeds under Code Section 11-9-306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collat eral; or
(c) Collateral as to which the filing has lapsed; or (d) Collateral acquired after a change of name, identity, or corporate structure of the debtor (subsection (7) of this Code section). (3) Financing statements and all amendments to such statements must be presented for filing on forms prescribed by the Georgia Superior Court Clerks' Cooperative Authority. (4) A financing statement may be amended by filing a writing signed by both the debtor and the secured party2 except that where the amendment only changes the name or address of the secured party, or the address or the social security number or Internal Revenue Service taxpayer identification number of the debtor, or corrects only typo graphical or other clerical errors set forth in the financing statement, such amendment may be filed without being signed by the debtor. Each amendment shall be filed with the filing officer of the county in which the financing statement being amended was filed. An amendment does not extend the period of effectiveness of a financing state ment. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this article, unless the context otherwise

1458

JOURNAL OF THE HOUSE,

requires, the term 'financing statement' means the original financing statement and any amendments.
(5) A financing statement covering crops growing or to be grown, minerals or the like (including oil and gas) or accounts subject to subsection (5) of Code Section 11-9-103, or a financing statement indexed filed as a fixture filing subject to Code Section 11-9-313, must show that it covers this type of collateral, must contain a reasonable description of the real estate, and must show the name of the record owner or record lessee of the real estate if the debtor does not have an interest of record in the real estate. Additionally, a notice filing for Uniform Commercial Code related real estate, on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, must be filed in the real estate records with the office ef- the clerk ef- superior court filing offi cer in the county or counties in which the affected real estate is located as provided in subsection (7) of Code Section 11-9-403. The uniform fee fer filing, indexing, and atamp-
as required fey Article 2 ef Chapter ef Title tf; In addition to the requirements set forth above and in subsection (1) of this Code section, a financing statement covering farm products must contain the following information:
(a) The farm product name and crop year subject to the security interest, except that no crop year need be designated if the security interest applies to every crop year for the duration of the filing;
(b) The social security number or, if other than a natural person, the Internal Rev enue Service taxpayer identification number of the debtor;
(c) Each county in the state in which the farm products are located; and
(d) If needed to distinguish the farm products subject to such security interest from other farm products of the debtor not subject to such security interest, further details of the farm products, including, when applicable, the amount of the farm products subject to the security interest. (6) In order for goods which are or are to become fixtures related to real estate to be included in the central index described in Code Section 11-9-407, a financing state ment complying with this Code section must be filed.
(7) A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership, or corporate name of the debtor, whether or not it adds other trade names or the names of partners. Filing under a trade name or assumed name alone shall not be sufficient to show the name of the debtor unless the trade name or assumed name is so similar to the debtor's legal name that filing under the trade name or assumed name would not be misleading in a search of the filing officer's records if such search is conducted using the legal name of the debtor. Where the debtor so changes his name, or in the case of an organization, its name, identity, or corporate structure, that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the change, unless a new appropriate financing statement is filed before the expira tion of that time. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer.
(8) A financing statement substantially complying with the requirements of this Code section is effective even though it contains minor errors which are not seriously misleading.
(9) A financing statement which otherwise complies with subsection (1) is sufficient although it does not include the debtor's social security number or Internal Revenue Service taxpayer identification number, as applicable, if (a) it is filed to perfect a secu rity interest in collateral already subject to a security interest in another jurisdiction when it is brought into this state or when the debtor's location is changed to this state, or (b) the debtor is not required to have such a number. Such a financing statement must state that the collateral was brought into this state or that the debtor's location was changed to this state under such circumstances or that the debtor is not required to have such a number. Notwithstanding the provisions of subsection (4) of Code Sec tion 11-9-402, subsection (3) of Code Section 11-9-403, subsection (5) of Code Section

MONDAY, FEBRUARY 28, 1994

1459

11-9-405, or Code Section 11-9-406, no social security number or Internal Revenue Ser vice taxpayer identification number of the debtor shall be required to be included on any amendment, continuation statement, assignment, release, or termination statement filed with respect to any such financing statement."
Section 7. Said article is further amended by striking Code Section 11-9-403, relating to what constitutes filing, and inserting in its place the following:
"11-9-403. (1) Presentation for filing of a financing statement or a notice filing pur suant to subsection (7) of this Code section, and tender of the filing fee or acceptance of the statement or notice filing by the filing officer constitutes filing under this article.
(2) Except as provided in subsections (6) and (8) of this Code section a filed financ ing statement is effective for a period of five years from the date of filing or until the twentieth day following any maturity date specified in the financing statement, which ever is earlier. Except as provided in subsection (8) of this Code section, the effective ness of a filed financing statement lapses on the earlier of the expiration of the five-year period or the twentieth day following any maturity date specified in the financing state ment unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insol vency proceedings and thereafter for a period of 60 days or until the normal expiration date of the financing statement, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a per son who became a purchaser or lien creditor before lapse.
(3) A continuation statement may be filed by the secured party within six months prior to the expiration date specified in subsection (2) of this Code section. Any such continuation statement must be filed with the filing officer of the county where the orig inal financing statement was filed or, if the original financing statement has previously been continued, with the filing officer of the county where the currently effective contin uation statement was filed. The continuation statement must be presented on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority for continuation statements and must identify the file number and the date of filing of the original state ment, set forth the name and the social security number or, if other than a natural per son, the Internal Revenue Service taxpayer identification number, of the debtor, state that the original statement is still effective, and contain aH ef- the information required under Code Section 11-0-402 fef aft original financing statement and, where both (i) the collateral described consists only of consumer goods as defined in Code Section 11-9-109, and (ii) the secured obligation as defined in subsection (1) of Code Section 11-9-402 is originally $5,000.00, or less, specify the maturity date of the secured obligation or specify that such obligation is not subject to a maturity date. The filing officer shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition, the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its desig nated agent as provided by Code Section 15-6-61. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original state ment is continued for a period of five years after the date to which the filing was effec tive or until the twentieth day following any maturity date specified in the continuation statement, whichever is earlier, whereupon it lapses in the same manner as provided in subsection (2) of this Code section unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement.
(4) A filing officer shall mark each financing statement, continuation statement, amendment, assignment, release or termination statement^ or notice filing made pursu ant to subsection (7) of this Code section, with a file number or other appropriate

1460

JOURNAL OF THE HOUSE,

recording information and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition the The tiling oiiiccr stiflii index trie stfttcrncnts ftccopfling to tfic nctnie ot tfic de Dior ftfiQ sris.il
transmit, for indexing in the central indexing system, each financing statement, continu ation statement, amendment, assignment, release or termination statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its desig nated agent as provided in Code Section 15-6-61. Uniform Commercial Code related real estate notice filings shall be recorded in the real estate records of the county or counties where the real estate is located, and the filing officer shall index the notice filings according to subsection (7) of this Code section.
(5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original ef a financing state ment, continuation statement^ amendment, release, assignment or termination state ment, or a notice filing made pursuant to subsection (7) of this Code section shall be as required by Article 2 of Chapter 6 of Title 15.
(6) A real estate mortgage filed prior to My -, 1004 January 1^ 1995, which is effec tive as a fixture filing under subsection (6) of Code Section 11-9-402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate. On and after My ij 1094 January lj 1995, a real estate mortgage may not be filed as a fixture filing under Code Section 11-9-402.
(7) When a financing statement covers crops growing or to be grown, or minerals or the like (including oil and gas) or accounts subject to subsection (5) of Code Section 11-9-103, or is filed as a fixture filing (Code Section 11-9-313), a notice filing for Uni form Commercial Code related real estate on the form prescribed by the Georgia Supe rior Court Clerks' Cooperative Authority must be filed in the real estate records in the county or counties where the real estate is located^ which . The notice filing is sufficient if it complies with the requirements of this Code section and gives the names of the debtor and the secured party, is signed by the debtor or the secured party, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, specifies the types or items of collateral, contains a reasonable description of the real estate, and shows the name of the record owner or record lessee of the real estate if the debtor does not have an inter est of record in the real estate. The notice filing will be indexed under the name of any owner or lessee of record if any is shown thereon, or if no such name is shown, under the name of the debtor in the same fashion as if they were the mortgagors in a mortgage of the real estate described. Amendments, releases, assignments, and terminations filed with respect to original notice filings shall give the names of the debtors and current secured parties, their addresses, the names of the record owners or record lessees of the real estate if the debtors do not have an interest of record m the real estate, and the recording information (book and page numbers and filing dates) of the original notice filings, shall be signed by the current secured parties, and shall be in the same form as used for comparable instruments to amend, release, assign, or cancel mortgages in the real estate records in Georgia, except that such filings need not be attested or acknowl edged, or shall be on such other forms as the Georgia Superior Court Clerks' Coopera tive Authority may prescribe.
(8) Except as provided in subsection (6) of this Code section, any financing state ment or continuation statement which was filed on or after July 1, 1985, which described collateral not consisting only of consumer goods as defined in Code Section 11-9-109, or for which the secured obligation as defined in subsection (1) of Code Section 11-9-402 originally was greater than $5,000.00, is effective for a period of five years from the date of filingj in the case of financing statements, or five years from the date of the expira tion of the five-year period of effectiveness of the financing statement or immediately preceding continuation statement, in the case of continuation statements, notwithstand ing any maturity date specified in any such financing or continuation statement and notwithstanding any provision of prior law to the contrary, unless such financing state ment or continuation statement lapsed prior to March 26, 1986."

MONDAY, FEBRUARY 28, 1994

1461

Section 8. Said article is further amended by striking subsection (2) of Code Section 11-9-404, relating to termination statement, and inserting in its place the following:
"(2) On presentation to the filing officer of such a termination statement he must mark the statement with a file number and the hour and date of filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection and shall index tne termination statement according te the name ef- the debtor and the file number ef- the orig inal statement and shall ete in the index the address ef the debtor. In addition, the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided by Code Section 15-6-61. If he has received the ter mination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photostatic, microphotographic, photographic record or optical image reproduction of the financing statement, and of any related continuation state ment, statement of assignment, and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after one year after receipt of the termination statement."
Section 9. Said article is further amended by striking Code Section 11-9-405, relating to assignment of security interests, and inserting in its place the following:
"11-9-405. (1) A financing statement may disclose an assignment of a security inter est in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in Code Section 11-0 403(4) statement with a file number and the hour and date of filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its des ignated agent as provided by Code Section 15-6-61. The uniform fee for filing, indexing, and stamping a copy of a financing statement so indicating an assignment shall be as required by Article 2 of Chapter 6 of Title 15.
(2) A secured party may assign of record all or part of his rights under a financing statement by the filing in the office ef- with the clerk ef the superior eewt filing officer of the county where the original financing statement was filed of a separate written statement of assignment, on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the name and social security number or, if other than a natural person the Internal Revenue Service taxpayer identification num ber, of the debtor, the file number and the date of filing of the financing statement, and the name and address of the assignee and containing a description of the collateral assigned. A form which otherwise complies with the requirements of this Code section is sufficient when it is signed by the assignee instead of the secured party of record if there is filed with such form a copy of the assignment instrument containing an original or a photostatic, microphotographic, photographic copy, or optical image reproduction of the signature of the secured party of record. On presentation to the filing officer of such a separate statement of assignment, the filing officer shall mark such separate statement with a file number and the date and hour of the filing and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition, he er she shall Jnde* the scpa-
of ftssiDincut ftccordtn|j to tftc nfliw^ of tnc Qcolor tnu 9ti3.il note H^ tftc index the f4ie number and the address ef the debter the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as pro vided by Code Section 15-6-61. The uniform fee for filing, indexing, and stamping a

1462

JOURNAL OF THE HOUSE,

copy of such a separate statement of assignment shall be as required by Article 2 of Chapter 6 of Title 15.
(3) After the disclosure or filing of an assignment under this Code section, the assignee is the secured party of record."
Section 9. Said article is further amended by striking Code Section 11-9-406, relating to release of collateral, and inserting in its place the following:
"11-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains, on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, a description of the collateral being released, the name, and address, and social security number or, if other than a natural person, the Internal Reve nue Service taxpayer identification number, of the debtor, the name and address of the secured party, ana the file number and the filing date of the financing statement. Each statement of release shall be filed with the filing officer of the county in which the financing statement was filed. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assign ment signed by the secured party ef- record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon On presentation to the filing officer of such a statement of release, te the filing officer he shall mark the state ment with a file number and the hour and date of filing ana shall index the statement
her and the address ef- the debtor and shall hold the statement or a microfilm or other photostatic, microphotographic, photographic copy, or optical image reproduction thereof for public inspection. In addition, the filing officer shall transmit, for indexing in the central indexing system, each statement within 24 hours of filing to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent as provided by Code Section 15-6-61. The uniform fee for filing ana noting , indexing, and stamping a copy of such a statement of release shall be as required by Article 2 of Chapter 6 of Title 15."
Section 10. Said article is further amended by striking Code Section 11-9-407, relat ing to information from the filing officer, and inserting in its place the following:
"11-9-407. (1) Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee as required by Article 2 of Chapter 6 of Title 15, provided that the person requesting such copy shall furnish to the filing officer the file number of the statement requested.
(2) Unless the filing officer has notice of an action pending relative thereto, he may remove from the files and destroy:
(a) A lapsed original financing statement, a lapsed continuation statement, and a statement of assignment or release relating to either, immediately if he has retained a microfilm or other photostatic, microphotographic, photographic record, or optical image reproduction thereof or, in other cases, one year or more after lapse; and
(b) A termination statement, immediately if he has retained a microfilm or other photostatic, microphotographic, photographic record, or optical image reproduction thereof or in other cases, one year or more after the filing of the termination state ment, but such filing officer shall not destroy any index of such statement unless he retains a microfilm or other photostatic, microphotographic, photographic record, or optical image reproduction thereof. (3) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent or agents shall develop and implement a central indexing system containing substan tially the information included on financing statements, amendments to financing state ments, assignments of financing statements, continuation statements, termination statements, releases of collateral, and other documents related to personal property as may be filed pursuant to this part. The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall, within 24 hours after receipt of the filing infor mation required by Code Section 15-6-61, include such data in the central indexing sys tem and make such information available to the public through the central index. Weekends and holidays shall not be included in the calculation of the 24 hour period.

MONDAY, FEBRUARY 28, 1994

1463

(4) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall provide oral confirmation regarding the existence or nonexistence of an entry in the central index within 24 hours of receipt of a request complying with the rules and regulations of the authority and the payment of such fees as may be required by the authority, which oral confirmation must be followed by a written confirmation.
(5) The Georgia Superior Court Clerks' Cooperative Authority shall issue such rules and regulations, including prescribing required forms of documents, as appropriate to develop and implement the central indexing system described in this Code section and is further authorized to set and collect fees for incidental services and information pro vided by the authority or its designated agent with respect to the central indexing sys tem if such fees are not otherwise prescribed by law. Information maintained in the central index for inclusion on search reports shall consist of all currently effective origi nal financing statements filed on or after January 1 1995, as well as any currently effec tive statements of assignment, continuation, release, or amendment relating thereto. The record of the index of lapsed or terminated statements shall be maintained in accord ance with subsection (7) of this Code section.
(6) The Georgia Superior Court Clerks' Authority shall not be authorized to issue regulations to implement a notification system for farm products in conformity with the requirements of Section 1324 of the federal Food Security Act of 1985, P.L. 99-198, as now in effect or as hereafter amended, and shall not be authorized to request certifica tion of such notification system by the Secretary of the United States Department of Agriculture.
(7) Unless the Georgia Superior Court Clerks' Cooperative Authority or its desig nated agent has notice of an action pending relative thereto, such authority shall be authorized to archive and store the following computerized records and thereafter remove such records from the active central indexing system database:
(a) All lapsed financing statements, lapsed continuation statements, or statements of amendment, assignment, or release, relating to either, one year or more after lapse, provided only if there is archived, stored, and retained jl a microfilm or other photostatic, microphotographic, photographic, or optical image reproduction record of such database and index, and (ii) an electronic or computerized record of such database
and index; or (b) All financing statements which have been terminated by the secured party of
record, continuation statements, or statements of amendment, assignment, or release relating thereto, and the related termination statements, one year or more after the filing of the termination statement, provided only if there is archived, stored, and retained (i) a microfilm or other photostatic, microphotographic, photographic, or opti cal image reproduction record of such database and index, and (ii) an electronic or computerized record of such database and index.
Section 11. Said article is further amended by adding a new Code section at the end thereof to read as follows:
"11-9-409. To the extent this part requires that any financing statement, amend ment, continuation statement, assignment, release, or termination statement include the social security number or, if other than a natural person, the Internal Revenue Service taxpayer identification number of the debtor, no such financing statement, amendment, continuation statement, assignment, release, or termination statement otherwise comply ing with the requirements of this part shall be insufficient for purposes of this article as a result of any typographical or clerical error in the social security number or Internal Revenue Service taxpayer identification number so included, or any other error in such number except where the secured party has failed to make a good faith effort to obtain an accurate number from the debtor. The secured party shall in any event be entitled to rely on the written acknowledgment of the debtor as to the accuracy of such social security number or Internal Revenue Service taxpayer identification number, or as to whether the debtor is required to have a social security number or Internal Revenue Service taxpayer identification number, and the signature by the debtor of a financing statement or amendment which includes such social security number or Internal Reve nue Service taxpayer identification number or a statement as to the debtor's not being

1464

JOURNAL OF THE HOUSE,

required to have a social security number or Internal Revenue taxpayer identification number, shall constitute such a written acknowledgment. The burden of establishing the failure of the secured party to make a good faith effort to obtain an accurate social secu rity number or Internal Revenue Service taxpayer identification number from the debtor is on the person challenging the sufficiency of the financing statement, amendment, con tinuation statement, assignment, release, or termination statement."
Section 12. Article 12 of Title 11 of the Official Code of Georgia Annotated, relating to revisions to Article 9 filing, is amended by striking Code Section 11-12-101, relating to effective date, and Code Section 11-12-102, relating to transition provisions, which read as follows:
"11-12-101. This article shall become effective at 12:01 A.M. on July 1, 1994. 11-12-102. (1) A financing statement or continuation statement filed prior to July 1, 1994, which shall not have lapsed prior to July 1, 1994, shall remain effective for the period provided in Code Section 11-9-403 as in effect immediately prior to July 1, 1994. (2) The effectiveness of any financing statement or continuation statement filed prior to July 1, 1994, may be continued by a continuation statement as permitted by Code Section 11-9-403, except that if Code Section 11-9-401(1) as in effect on July 1, 1994. requires a filing with the clerk of superior court of any county of the state with respect to collateral of the type described in such financing statement or continuation statement, the effectiveness of such financing statement or continuation statement with respect to such collateral may be continued only by the filing of a new financing state ment signed by either the debtor or the secured party with the clerk of superior court of the county where the original statement was filed, or if filed in multiple counties, then in any one of the original counties. This financing statement must contain the information required by the first sentence of Code Section 11-9-402(1) and must further identify the prior financing statement, the office where and the date when the last filing was made with respect thereto, and the filing number or other recording information, and further state that the prior financing statement is still effective. Except as specified in this subsection, the provisions of Code Section 11-9-403(3) for continuation state ments apply to such a financing statement.", and inserting in their places the following: "11-12-101. This article shall become effective at 12:01 A.M. on January 1, 1995. 11-12-102. (1) A financing statement or continuation statement filed prior to Janu ary 1, 1995, which has not lapsed prior to January 1, 1995, shall remain effective for the period provided in Code Section 11-9-403 as in effect immediately prior to January 1, 1995. (2) The effectiveness of any financing statement or continuation statement filed prior to January 1, 1995, may be continued only by the filing of a continuation state ment, in the form prescribed by the Georgia Superior Court Clerks' Cooperative Author ity, signed by either the debtor or the secured party with the filing officer of the county where the original financing statement was filed or, if the financing statement has previ ously been continued, where the currently effective continuation statement was filed. If the original financing statement or currently effective continuation statement was filed in multiple counties, then such continuation statement may be filed in any of such mul tiple counties, except where the original financing statement or currently effective con tinuation statement covers crops growing or to be grown, or minerals or the like, including oil and gas, or accounts subject to subsection (5) of Code Section 11-9-103, or was filed as a fixture filing (Code Section 11-9-313), then such continuation statement must be filed in each of such counties where any of the related real estate is located. This continuation statement must contain the information required by the first sentence of subsection (1) of Code Section 11-9-402, other than a statement indicating the types, or describing the items, of collateral and the social security number or Internal Revenue Service taxpayer identification number of the debtor, and must further identify the orig inal financing statement or currently effective continuation statement, the office where such financing statement or continuation statement was filed, and the filing number and date of filing or other recording information, and further state that the original financ ing statement is still effective. Except as specified in this subsection, the provisions of

MONDAY, FEBRUARY 28, 1994

1465

subsection (3) of Code Section 11-9-403 for continuation statements apply to such a statement.
(3) Statements of amendment, assignment, release, or termination affecting original financing statements filed prior to January 1, 1995, ('transitional filings') shall be filed on the forms prescribed by the Georgia Superior Court Clerks' Cooperative Authority with the filing officer of the county where the original financing statement was filed, or if the original financing statement has previously been continued, where the currently effective continuation statement was filed. If the original financing statement or cur rently effective continuation statement was filed in multiple counties, then such state ment of amendment, assignment, release, or termination may be filed in any one of such multiple counties, except where the original financing statement or currently effective continuation statement covers crops growing or to be grown, or minerals or the like, including oil and gas, or accounts subject to subsection (5) of Code Section 11-9-103, or was filed as a fixture filing (Code Section 11-9-313), in which event such statement of amendment, assignment, release, or termination must be filed in each of such counties where any of the related real estate is located. Each transitional filing shall identify the original financing statement or currently effective continuation statement, the office where such financing statement or continuation statement was filed, the filing number or other recording information, and identify each named debtor and secured party. Not withstanding the requirements of subsection (2) of Code Section 11-9-405 or Code Sec tion 11-9-406, no social security number or Internal Revenue Service taxpayer identification number of the debtor shall be required to be included in any such transi tional filings. The Georgia Superior Court Clerks' Cooperative Authority shall prescribe rules and regulations, as appropriate, to govern the presentation of such transitional fil ings.
(4) A filing which was made in good faith in an improper place or not in all of the places required by Code Section 11-9-401 as in effect prior to January 1, 1995, is never theless effective with regard to any collateral as to which the filing complied with the requirements of this article and is also effective with regard to collateral covered by the financing statement against any person who has knowledge of the contents of such financing statement.
(5) A filing which was made in the proper place in this state pursuant to Code Sec tion 11-9-401 as in effect prior to January 1, 1995, continues effective even though the debtor's residence or place of business or the location of the collateral or its use, which ever controlled the original filing, is thereafter changed.
(6) A continuation statement that was timely filed pursuant to subsection (8) of Code Section 11-9-403 as in effect prior to January 1, 1995, and that remains in effect as of January 1, 1995, shall continue the effectiveness of the original financing statement for the period specified in subsection (8) of Code Section 11-9-403 as in effect on Janu ary 1, 1995, provided that such continuation statement may thereafter be further contin ued by the filing of a subsequent continuation statement within six months prior to the expiration of the five-year period specified in subsection (8) of Code Section 11-9-403 as in effect prior to January 1, 1995, or, if such five-year period is determined to have a different duration, within six months prior to the expiration of the five-year period specified in subsection (8) of Code Section 11-9-403 as in effect on January 1, 1995."
Section 13. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to clerks of superior courts, is amended by striking paragraph (13) of sub section (a) of Code Section 15-6-61, relating to duties of clerks in general, and inserting in its place the following:
"(13) To transmit to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent within 24 hours of filing of any financing statement, amendment to a financing statement, assignment of a financing statement, continuation statement, termi nation statement, or release of collateral, by facsimile or other electronic means, such information and in such form and manner as may be required by the Georgia Superior Court Clerks' Cooperative Authority, for the purpose of including such information in the central indexing system administered by such authority; provided, however, that weekends and holidays shall not be included in the calculation of the 24 hour period;"

1466

JOURNAL OF THE HOUSE,

Section 14. Said article is further amended by striking subsection (i) of Code Section 15-6-77, relating to filing fees of the superior courts, and inserting in its place the follow ing:
"(i) No fees shall be charged for the following:
provided in Gede Section ll.Q-406; (3) (1) Recording discharge certificates of veterans, as provided in Code Section
15-6-78; and 43) (2) Recording and certifying documents in connection with admission to prac
tice law."
Section 15. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Bailey
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 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 YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
Y Dix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart Y Epps
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 Herabree
Y Henson Y Holland
Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 YLadd Y Lakly
Lane, D Y Lane, R Y Lawrence
Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann
Martin Y McBee Y McClinton
McKinney Milam Y Mills

Y Mohley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Tillman Y Titus Y Towery 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 passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1687.

By Representative Cauthorn of the 35th:
A bill to amend Chapter 7 of Title 5 of the Official Code of Georgia Anno tated, relating to appeal or certiorari by the state in criminal cases, so as to provide for the right of the state to a direct appeal in certain delinquency

MONDAY, FEBRUARY 28, 1994

1467

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 Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown YBuck Y Buckner Y Bunn Y Burkhalter
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 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 Ehrhart Y Epps
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
Holmes

Howard Y Hudson Y Hughes Y Hugley Y Irvin
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
Lane, D Y Lane, R Y Lawrence Y Lawson Y Lee Y Lewis
Lord
Lucas Y Maddox Y Mann
Martin Y McBee Y McClinton
McKinney Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore
Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield 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 Y Teper Y Thomas
Tillman Y Titus Y Towery
Y Trense Y Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts Y Westmoreland
White Y Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 323. By Representative Randall of the 127th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Anno tated, relating to membership in the Teachers Retirement System of Georgia and related matters, so as to provide that certain persons employed by the Department of Technical and Adult Education may elect to transfer mem bership from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

N Ashe N Atkins Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnes Y Bates

Y Benefield
Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D
Brooks, T Brown Y Buck

Y Buckner
Y Bunn N Burkhalter Y Byrd N Campbell Y Canty Y Carlisle Y Carrell N Carter

N Cauthorn
Y Chambless Y Chandler Y Channell Y Childers N Clark N Coker N Coleman, B
Coleman, T

Colwell
Y Connell YCox Y Crawford
Crews Y Culbreth Y Cummings Y Davis, G N Davis, M

1468

JOURNAL OF THE HOUSE,

N Dickinson NDix N Dixon, H
Y Dixon, S
Dobbs
N Ehrhart Y Epps
Evans N Felton Y Floyd, J.M Y Floyd, J.W
N Godbee Y Golden
N Goodwin
Y Greene Y Groover N Hammond Y Hanner
Harris, B Harris, M YHart
Y Heard
Y Hegstrom
N Hembree
Y Henson Y Holland Y Holmes

Y Howard
Y Hudson Y Hughes Y Hugley
N Irvin 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
N Kaye
Kinnamon N Klein N Ladd N Lakly Y Lane, D N Lane, R N Lawrence
Lawson YLee Y Lewis YLord

Lucas N Maddox N Mann
Y Martin Y McBee
Y McClinton
McKinney Milam N Mills Y Mobley, B Y Mobley, J N Moore Y Mosley N Mueller E Oliver Y O'Neal Y Orrock Y Padgett
E Parham
Y Parrish
Y Patten Y Pelote Y Perry N Pinholster YPoag Y Polak
Porter

Poston Y Powell Y Purcell, A N Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
N Smith, L
Y Smith, P
Y Smith, T
N Smith, V
N Smith, W
Y Smyre
YSnow
Y Stancil, F

N Stancil, S Y Stanley, L Y Stanley, P Y Stephensim Y Streat Y Taylor Y Teague
Y Teper
Thomas
Y Tillman
Y Titus
N Towery
Trense Y Turnquest
Twiggs N Vaughan Y Walker Y Wall Y Watson Y Watts N Westmorland
White Y Williams, B
Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 107, nays 48. The Bill, having received the requisite constitutional majority, was passed.

HB 1626. By Representatives Sinkfield of the 57th, McKinney of the 51st, Martin of the 47th and Taylor of the 134th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Anno tated, relating to children and youth services, so as to authorize the Depart ment of Children and Youth Services to enter into contracts; to provide for the power of the commissioner to contract.

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 Y 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
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 Ehrhart Y Epps Y Evans Y Felton

Y Floyd, J.M
Y Floyd, J.W Y Godbee
Golden Y Goodwin Y Greene
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 Irvin
Y James Y Jamieson Y Jenkins
Johnson, D.H

Y Johnson. R
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 Y Lee Y Lewis Y Lord
Lucas Y Maddox
Y Mann
Y Martin Y McBee
Y McClinton
McKinney Milam Y Mills

Y Moblev. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock
Y Padgett
E Parham Y Parrish Y Patten Y Pelote
Y Perry
Y Pinholster
YPoag Polak
Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert

MONDAY, FEBRUARY 28, 1994

1469

Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkiield Y Skipper

Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snow Y Stancil, F

Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas

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

On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain county employees in the Employees' Retirement System of Georgia, so as to define a certain term; to provide for membership of employees or former employees of county department of family and children services in such retirement system; to provide for service credit for certain prior service; to provide for the transfer of funds; to provide for election and notification options; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the membership of certain county employees in the Employees' Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-298, 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, and inserting in lieu thereof the following:
"47-2-298. (a) As used in this Code section, the term; \ A/wounty m&ftfts ft county Or tins ststc nsvinu st popu1&tion 01 ai/U)UUU F more
according te the United States decennial census of 1080 or any future sack census. {3)--'Local 'local retirement system' means a retirement or pension system main
tained by a county which includes as members thereof employees of the county department of family and children services and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia. (b) Any employee or former employee of a county department of family and children services who is or was a member of a local retirement system and who is or becomes a member of this retirement system, subject to the requirements of this Code section, may shall obtain creditable service under this retirement system equivalent te creditable service the employee had under the local retirement system as provided in this subsec tion. Upon notification in writing by the board of trustees of this retirement system to

1470

JOURNAL OF THE HOUSE,

the governing authority ef- the county a4 te the board of trustees or other managing body of the local retirement system, the following payments shall be made te the feeafd ef trustees en behalf ef each employee electing te obtain creditable service:
{!)--An amount paW fey the board of trustees or other managing body of the local retirement system shall transfer to this retirement system an amount equal to the employer contributions, plus regular interest thereon, which had been paid to the local retirement system on behalf of the each employee; and any employee contributions which have been paid to the local retirement system b% or on behalf of each employee and have not been withdrawn from the local retirement system, plus regular interest thereon. The board of trustees of this retirement system shall determine the period of time that such amount will fund as creditable service under this retirement system without creating any additional accrued liability of the retirement system. The amount of creditable service so determined shall be the creditable service to which the mem ber is entitled.
\)--An dmount psid Dy tne county irom county funds wnicnj wnen Qdded to* tftc siROuncs undef pflr&rspn \~t/ of tins suosection find tne employee contnDution under
trader this retirement system authorized by this paragraph without creating any accrued liability, as ft result ef granting such creditable service, against this retirement

Dy tne county from county funds wnicn is sufficient to~ reimDurse tne DOflPd 0f~ ot iriis rctiFcmeRt system tor tfte fldministrQti'Ve find fictuflPifli expenses
incurred Dy sflid Doord to cffectuQte tne i^p&ntmg ot sucri cpeditfiDie service oy tins retirement system. \c)--1 tie employee contnDutions pflid to tne Dosrd OT trustees under suoscction \7 ot inis v^ode section snfiii i&e deposited i&y tne oftrd into tfte Qnnmty ssivings fund ds a credit te the member. Other funds paM te the board ef- trustees under- subsection (fe)ef-this Code section shati be deposited by the board mte the pension accumulation fund.

pe the records ef the employee. {d} (c) Employees or former employees of a county department of family and chil
dren services who are subject to the provisions of this Code section shall exercise the option provided by this Code section by notification in writing to the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement system, and to the county governing authority. Such notification must be made by not later than September 30, 1Q90 1994. For employees or former employees of a county department of family and children services who become members of this retirement system after July 1, 1000 1994, such election and notification must be made within 90 days of becoming a member of this retirement system. Any such employee fail ing to exercise the option granted by this Code section within such time limitation shall not at any time thereafter be eligible to become a member of this retirement system as an employee of a county department of family and children services. Any such employee shall make payment to the board of trustees of this retirement system of a sum equal to their employee contributions which had been paid to the local retirement system dur ing the years of service for which credit is being claimed and thereafter shall not be entitled to receive any benefit from the local retirement system.
{} (d) Employees or former employees of a county department of family and chil dren services who are or become members of this retirement system and who obtain credit for service pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except to the extent that said Code section prohib its obtaining prior service as creditable service as authorized by subsection (b) of this Code section.
{f) (e) To the extent this Code section conflicts with or is inconsistent with the pro visions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control."

MONDAY, FEBRUARY 28, 1994

1471

Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the 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 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

Colwell
Y 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 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 Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson,J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord
Lucas Y Maddox YMann Y Martin Y McBee
McClinton McKinney Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B 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 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, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas 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 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.

HR 726. By Representatives Twiggs of the 8th, Colwell of the 7th and Greene of the 158th:
A resolution creating the Joint Study Committee on Historic Dramas.

The following amendment was read and adopted:

The Committee on Rules moves to amend HR 726 by striking "ten" on Line 28, Page 2 and inserting in lieu thereof "five".

1472

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
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 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 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 Y Hart Y Heard
Y Hegstrum Y Hembree Y Henson Y Holland
Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
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
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller
E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pinholster Y Poag Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinktield 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, P Y Stephenson
Y Streat Y Taylor Y Teague
Teper Y Thomas 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 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.

Representative Mueller of the 152nd arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 1045. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and Greene of the 158th:
A resolution commending Dr. William P. Flatt for 25 years of dedicated ser vice to the State of Georgia and inviting him to appear and be recognized before the House of Representatives.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

MONDAY, FEBRUARY 28, 1994

1473

HB 1225.

By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1 Amend HB 1225 by striking from lines 10 and 11 of page 1 the following: "to provide for a legend or inscription on the tickets;". By inserting a quotation mark after the period on line 22 of page 2. By striking all of subsection (c) on lines 23 through 29 of page 2.

SENATE AMENDMENT NO. 2
Amend HB 1225 by inserting between the word and symbol "matters;" and the word "to" on line 12 of page 1 the following:
"to provide effective dates;"
By inserting between lines 29 and 30 of page 2 the following:
"Section 2. Subsection (a) of Code Section 10-1-310 shall become effective on July 1, 1994. Subsection (b) of Code Section 10-1-310 as it relates to international sports competition and ceremonies involving competitors from more than one country shall become effective on September 1, 1994. Subsection (b) of Code Section 10-1-310 as it relates to all other events covered by this subsection shall become effective April 1, 1995."
By redesignating Section 2 as Section 3.

SENATE AMENDMENT NO. 3
Amend HB 1225 by inserting on line 17 of page 2 after the words "service charge" the following:
"not to exceed 10 percent".
By striking line 29 of page 2 and inserting in its place the following:
"section.
(d) Any advertisement, announcement, or poster for any event covered by this Code section shall specify the amount of the service charge to be charged for the sale or sell ing of each ticket, privilege, or license of admission and such advertisement shall be clearly and conspicuously stated.'"

Representative Martin of the 47th moved that the House disagree to the Senate amendments to HB 1225.
The motion prevailed.

1474

JOURNAL OF THE HOUSE,

HB 1235. By Representatives Harris of the 112th, Parham of the 122nd and Powell of the 23rd:
A bill to amend Code Section 40-3-50 of the Official Code of Georgia Anno tated, relating to perfection of security interests in motor vehicles, so as to provide for perfection of a security interest by delivery of the title applica tion to either the commissioner or the local tag agent in the county of the vehicle owner's residence.

The following Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, so as to delete provisions relating to the concurrent application for a motor vehicle registration and certificate of title; to provide that an application for a motor vehicle regis tration and an application for a motor vehicle certificate of title may be submitted sepa rately; to provide for perfection of a security interest by delivery of the title application to either the commissioner or the local tag agent in the county of the vehicle owner's resi dence; to provide for issuance of evidence of receipt of such applications; to provide for a statement of intent; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles, is amended by striking subsection (a) of Code Section 40-2-20, relating to registration and license requirements, in its entirety and inserting in lieu thereof the following:
"(a) (1) 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 operating 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 chapter; and obtain a license to operate it for the ensuing year; and concurrently apply fef ft certificate of- title i accordance with Chapter 3 ef 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 fer ft certificate ef title in accordance with Chapter 3 ef 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 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

MONDAY, FEBRUARY 28, 1994

1475

of registration, then the purchaser or transferee of such motor vehicle, if such pur chaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(2) An application for the registration of a motor vehicle may be submitted sepa rately from the application for a certificate of title for such motor vehicle, and an application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle."
Section 2. Said title is further amended by striking subsection (b) of Code Section 40-3-50, relating to perfection of security interests in motor vehicles, in its entirety and inserting in lieu thereof the following:
"(b) A security interest is perfected by delivery to the commissioner or to the tag agent in the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the required fee. The security interest is perfected as of the time of its creation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter regardless of any subsequent rejection of the application for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application. When the security interest is perfected as provided for in this subsection, it shall constitute notice to everybody of the security interest of the holder."
Section 3. The General Assembly declares that the enactment of Section 2 of this Act is a present clarification of the original intent of the General Assembly as to the method, manner, and time of perfection of a security interest in a motor vehicle.
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 Harris of the 112th moved that the House agree to the Senate substi tute to HB 1235.
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 Breedlnve Y Brooks, D
Brooks. T Brown
Y Buck Y Buckner
Bunn Y Burkhalter Y Byrd Y Campbell Y Canty
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 Y Davis, G Y Davis, M Y Dickinson YDix
Y Dixon, H Y Dixon, S
Dobbs 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 Y Henson Y Holland
Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin 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 YMann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock

Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal
Y Scoggins Y Shanahan Y Sherrill
Shipp Simpson Sinkfield Y Skipper Y Smith, C

1476

JOURNAL OF THE HOUSE,

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, P Y Stephenson Y Streat. Y Taylor

Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense

On the motion, the ayes were 161, nays 0. The motion prevailed.

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

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1735 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 1950 Do Pass
Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1401 Do Pass, by Substitute HB 1402 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Thomas of the 100th District, Chairman of the Committee on Judi ciary, submitted the following report:

MONDAY, FEBRUARY 28, 1994

1477

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:

HB 533 Do Pass, by Substitute HB 1425 Do Pass, by Substitute HB 1567 Do Pass, by Substitute HB 1784 Do Pass, by Substitute

HB 1874 Do Pass, by Substitute HB 1892 Do Pass, by Substitute HB 1936 Do Pass

Respectfully submitted, /s/ Thomas of the 100th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 1010 Do Pass, by Substitute SB 525 Do Pass SB 607 Do Pass
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1037 Do Pass HR 1040 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
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.

1478

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 1, 1994

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
Bargeron Barnes Bates Benefield
Birdsong Bordeaux Bostick Breedlove
Brooks, D
Brooks, T
Brown Buck Buckner Bunn Burkhalter Campbell Canty Carrell Carter
Chandler Childers Coker Coleman, B Coleman, T Colwell

Connell
Cox
Crawford Crews Culbreth
Cummings Davis, M Dickinson Dixon, H Dixon, S
Bhrhart
Epps Evans Felton Floyd, J.M Floyd, J.W Godbee Goodwin Greene Groover
Hammond Hanner
Harris, B Harris, M Heard Hegstrom Hembree Holland Howard

Hudson Hughes Hugley Irvin James Jamieson
Johnson, D.H
Johnson, E
Johnson, G
Johnson, J
Johnston
Jones
Joyce Kaye Kinnamon Klein Ladd Lakly Lane, D Lane, R Lawrence Lawson
Lee Lewis Maddox Mann Martin McBee McClinton

Mills Mobley, B Mobley, J Moore Mosley Mueller O'Neal Padgett Parrish Patten Pelote
Perry
Pinholster Poag Polak Porter
Powell Purcell, A Purcell, B
Randolph
Reaves Reichert Roberts Royal Shanahan
herrill
Shipp Sinkfield

Skipper Smith, C Smith, P Smith, T Smith, V
Smith, W Smyre Snow Stancil, F Stancil, S Stephenson Streat Teper Tillman Titus Towery
Trense
Twiggs
Vaughan
Wall
Watson
Watts
Westmoreland
Williams, B
Williams, R
Yates
Yeargin
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives McKinney of the 51st, Taylor of the 134th, Byrd of the 170th, Clark of the 40th, Hart of the 116th, Walker of the 141st, Golden of the 177th, Barfoot of the 155th, Channell of the lllth, Stanley of the 50th, Stanley of the 49th, Teague of the 58th, Thomas of the 100th and Chambless of the 163rd.
They wish to be recorded as present.

Prayer was offered by the Reverend James B. Mooneyham, Pastor, Snellville United Methodist Church, Snellville, 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:

TUESDAY, MARCH 1, 1994

1479

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 1982. By Representative Lord of the 121st:
A bill to amend an Act reconstituting the Board of Education of Hancock County, so as to change the compensation and expenses of the members and chairperson of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1983. By Representative Lord of the 121st:
A bill to amend an Act creating a Board of Commissioners of Hancock County, so as to change the compensation and expenses of the members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1984. By Representative Hanner of the 159th:
A bill to amend Code Section 27-3-62 of the Official Code of Georgia Anno tated, relating to open trapping seasons, so as to provide that the Board of Natural Resources may establish a trapping season in a certain area.
Referred to the Committee on Game, Fish & Parks.

HB 1985. By Representative Hanner of the 159th:
A bill to amend Code Section 27-3-63 of the Official Code of Georgia Anno tated, relating to general offenses and penalties relative to trapping, so as to provide that no person shall sell any part of a fur-bearing animal without certain license.
Referred to the Committee on Game, Fish & Parks.

HB 1986. By Representatives Ashe of the 46th and Irvin of the 45th:
A bill to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to regulate the receipt and investigation of complaints or infor mation from municipal employees concerning fraud, waste, and abuse in or relating to any municipal programs or operations.
Referred to the Committee on State Planning & Community Affairs - Local.

1480

JOURNAL OF THE HOUSE,

HB 1987. By Representatives Milam of the 130th and Epps of the 131st:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to change the composition of the governing authority of the city; to con tinue in office the mayor and certain members of the city council and pro vide for the expiration of their terms; to provide for council districts.
Referred to the Committee on State Planning & Community Affairs - Local.

By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:

HB 1988. By Representatives Barfoot of the 155th, Bargeron of the 120th, Lord of the 121st, Parrish of the 144th and Godbee of the 145th:
A bill to provide for the payment of miscellaneous expenses to the judges of the superior courts of the Middle Judicial Circuit by the counties comprising such circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1989. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A bill to amend an Act reincorporating the City of Cave Spring in Floyd County, so as to change the corporate limits of the city.
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 1946 HB 1947 HB 1948 HB 1949 HB 1952 HB 1953 HB 1954 HB 1955 HB 1956 HB 1957 HB 1958 HB 1959 HB 1960 HB 1961 HB 1962 HB 1963 HB 1964 HB 1965 HB 1966 HB 1967 HB 1968 HB 1969 HB 1970 HB 1971 HB 1972

HB 1973 HB 1974 HB 1975 HB 1976 HB 1977 HB 1978 HB 1979 HB 1980 HB 1981 HR 1026 HR 1036 HR 1037 HR 1039 HR 1040 SB 460 SB 529 SB 544 SB 629 SB 643 SB 674 SB 676 SB 699 SB 700 SR 509 SR 512

TUESDAY, MARCH 1, 1994

1481

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 469 Do Pass, as Amended
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 299 Do Pass, by Substitute SR 385 Do Pass, by Substitute SR 485 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 55th
Chairman

Representative Lane of the 55th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1844 Do Pass HB 1928 Do Pass HB 1937 Do Pass HB 1938 Do Pass

HB 1944 Do Pass SB 654 Do Pass SB 675 Do Pass SB 691 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 1, 1994
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enu merated below:

1482

JOURNAL OF THE HOUSE,

HB 642 HB 671 HB 676 HB 954 HB 1103 HB 1222 HB 1229 HB 1551 HB 1596 HB 1677 HB 1825 HB 1838 HB 1861 HB 1866 HB 1872 HB 1916 HB 1921

Child support; net income Employees' Retirement; certain county employees; transfer credit Telephones; certain long-distance charges; eliminate State parks; cert facilities and services; taxable Service cancelable loans; certain registered nurses Local sales tax; homestead exemptions; special districts Pardons and paroles; certain sex offenders; notice upon release State Productivity Council; create Utility contractors; definitions Debit card fraud; define offense Health Care Provider Act; enact Insurers; financial, market, and rating exams by commissioner Honeybee production; prohibit regulation by local governments Agricultural commodities promotion; funds to cover; report Traffic cases; provisions; applicability to Atl City Court Serious traffic offenses; signal to stop vehicle; DUI risk program Labor & ind relations; community service boards; amend provisions

HR 712 Courts; pilot program; non-uniform jurisdiction - CA HR 808 Disabled persons; groups develop family and support plan HR 863 Carlton H. Colwell Probation Detention Center; designate HR 875 Joint Steering Comm; Hlth Care Reform/Managed Hlth Care; create HR 937 GA 96 AG Joint Steering Committee; create HR 986 Mus of Aviation; urge naming bldg Roy H. (Sonny) Watson, Jr., Bldg

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, SB 691 was withdrawn from the Local Calendar.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 1844. By Representative Lane of the 55th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to authorize the city to provide by ordinance for the creation of a medi ation system for appeals of city employees and officials.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1928. By Representatives Cauthorn of the 35th, Hammond of the 32nd, Vaughan of the 34th, Towery of the 30th, Ehrhart of the 36th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to deannex a certain area of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

TUESDAY, MARCH 1, 1994

1483

HB 1937.

By Representative Carter of the 166th:
A bill to amend an Act providing and establishing a new charter for the Town of Alapaha, so as to change and clarify the provisions relating to the incorporation and general powers of the Town of Alapaha and the provisions relating to the establishment, composition, form, election, and terms of the governing authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1938. By Representatives Hammond of the 32nd, Cauthorn of the 35th, Barnes of the 33rd, Shipp of the 38th, Clark of the 40th and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

HB 1944.

By Representative Hanner of the 159th:
A bill to create a board of elections and registration for Terrell 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.

SB 675. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to require submis sion of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

SB 654. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to provide a homestead exemption from all Glynn County ad valorem taxes for county purposes for certain residents in the amount of $6,000.00 of the assessed value of that homestead; to provide a homestead exemption from all Glynn County ad valorem taxes, including taxes levied for the reduc tion of bonded indebtedness, for certain residents of Glynn County who are 62 years of age or older who have a net income of less than $10,000.00 or are 65 years of age or older who have a net income of less than $10,000.00 in the amount of $12,000.00 of the assessed value of that homestead.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.

1484

JOURNAL OF THE HOUSE,

On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister
Barfoot Y Bargeron Y Barnes
Bates Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhaller
Byrd Campbell Y Canty Carlisle Y Carrell Y Carter Y Cauthorn Chambless Y Chandler Channell Y Childers Y Clark Y Coker Y Coleman, B Coleman, T

Y Colwell
Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Dickinson
Dix Dixon, H Y Dixon, S Dobbs Y Ehrhart
YEpps Y Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee
Golden Good win Y Greene Groover Y Hammond Y Manner Y Harris, B Y Harris, M Hart Y Heard Hegstrom Y Hembree Henson Y Holland Holmes

Y Howard
Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson
Jenkins 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
Lane, D Y Lane, R Y Lawrence Y Lawson
Lee Y Lewis
Lord Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton McKinney Milam Y Mills

Y Mobley, B
Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal
Orrock
Y Padgett E Parham
Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal
Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skipper

Y Smith, C Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smith, W Y Smyre YSnow Y Stancil, F Y Stancil, S
Stanley, L Stanley, P
Y Stephenson Y Streat
Taylor Teague Y Teper Thomas Y Tillman Y Titus
Y Towery Y Trense
Turnquest Y 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 Bills, the ayes were 126, nays 0. The Bills, having received the requisite constitutional majority, were passed.

The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:

SB 513. By Senators Crotts of the 17th, Day of the 48th, Newbill of the 56th, Edge of the 28th, Tysinger of the 41st and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public ele mentary and secondary schools, so as to provide for a uniform grading sys tem for certain purposes.

SB 608. By Senators Hemmer of the 49th, Robinson of the 16th, Henson of the 55th and Hooks of the 14th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, the "Erosion and Sedimentation Act of 1975," so as to define certain terms; to revise minimum requirements; to require the property owner where land-disturbing activity occurs to obtain a permit; to authorize the denial of a permit under certain conditions; to allow an issuing authority to require a bond or other form of financial security.

TUESDAY, MARCH 1, 1994

1485

SB 616. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to create the Clayton County Airport Authority; to declare the need for an airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for the filling of vacancies.
SB 702. By Senator Langford of the 29th: A bill to amend an Act creating the State Court of Troup County, as amended, so as to provide that the judge of the state court shall be a fulltime judge within the meaning of Code Section 15-7-20 of the Official Code of Georgia Annotated; to change the provisions relating to the compensation of the judge; to provide an effective date.
SB 703. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes so as to increase the amount of homestead exemption from City of Morrow ad valorem taxes to $8,000.00; to provide for applicability; to provide for a referendum and automatic repeal.
SB 705. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Appling County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the author ity for this Act.
SB 706. By Senator Boshears of the 6th:
A bill to amend an Act changing the composition and method of election of the Board of Education of Appling County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.
SB 707. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the probate Court of Appling County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
SB 708. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend an Act establishing the State Court of Muscogee County, as amended, so as to change the compensation of the judges of the court; to provide for related matters; to provide an effective date.
HB 1470. By Representatives Baker of the 70th, Teper of the 61st, Henson of the 65th, Lawrence of the 64th, Bunn of the 74th and others:
A bill to repeal an Act approved March 18, 1985, which continued in force and effect as part of the Constitution of the State of Georgia that constitu tional amendment duly ratified at the 1966 general election (Res. Act No. 50) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia authorizing the Board of Commissioners of DeKalb County to provide systems of garbage disposal, establish sanitation districts, and levy assessments on residents and businesses served.

1486

JOURNAL OF THE HOUSE,

HB 1817. 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 change the council districts for election of councilmembers.

HB 1845. By Representatives Cox of the 160th and Greene of the 158th: A bill to provide a new charter for the City of Blakely.

HB 1879. By Representatives Dobbs of the 92nd and Stancil of the 91st:
A bill to amend the Newton County Water and Sewerage Authority Act, so as to authorize the issuance of additional negotiable revenue bonds.

SB 438. By Senators Clay of the 37th, Guhl of the 45th and Crotts of the 17th:
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; to provide an effective date.

SB 526. By Senators Cheeks of the 23rd, Marable of the 52nd and Langford of the 35th:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Anno tated, relating to annual contracts of teachers, principals, and other certifi cated professional personnel, so as to require fingerprinting and criminal record checks through the Georgia Crime Information Center and the National Crime Information Center of all persons employed for the first time by local units of administration as teachers, principals, or other certificated professional personnel; to provide that the cost of obtaining fingerprint and criminal records checks shall be borne by the person seeking employment; to provide for practices and procedures.

SB 552. By Senator Baugh of the 25th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require a minimum personal needs allowance for recipients of medical assist ance who are residents of long-term care facilities.

SB 642. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions; to change certain exemptions from licensing; to change the licens ing requirements for professional counseling.

SB 648. By Senators Thompson of the 33rd and Perdue of the 18th:
A bill to amend Chapter 6 of Title 49 of the Official Code of Georgia Anno tated, relating to services for the aging, so as to enact the "Georgia Family Caregiver Support Act"; to provide for a short title, intent, and definitions; to provide for rules and procedures; to prevent the creation of entitlements; to prohibit the displacement of benefits, entitlements, and resources.

TUESDAY, MARCH 1, 1994

1487

SB 651. By Senators Farrow of the 54th and Perdue of the 18th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for rights of residents of personal care homes; to pro vide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights.

SB 673. By Senators Farrow of the 54th and Walker of the 22nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to allow health care providers to enter into coop erative agreements for the provision of health care which may have the effect of lessening competition; to provide a short title; to define certain terms; to provide for applications for certificates of public advantage.

SB 694. By Senator Pollard of the 24th:
A bill to amend Article 3 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to corporate finance, so as to provide cross refer ences to provisions governing the issuance of preferred stock by insurance, banking, or trust companies; to amend Article 2 of Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock insur ers, so as to authorize the issuance of preferred stock by domestic stock insurance companies.

SB 696. By Senators Coleman of the 1st, Turner of the 8th and Starr of the 44th:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide for the application of payments to revolving accounts by written agreement of the parties; to provide for construction.

HB 1000.

By Representative Benefield of the 96th:
A bill to amend Article 2A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of licenses, so as to provide for additional drug related crimes for which a person's driver's license shall be suspended.

HB 1217.

By Representatives Parham of the 122nd, Parrish of the 144th, Twiggs of the 8th and Atkins of the 29th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.

HB 1382.

By Representatives Hudson of the 156th, Johnson of the 148th, Ray of the 128th, Cox of the 160th, Hanner of the 159th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change a certain definition; to make the liberation of domestic fish without a permit unlawful; to require fishing licenses of per sons who fish in private ponds owned or operated by certain governmental entities; to require persons in possessions of game fish from wholesale or retail fish dealers to possess a bill of sale or lading.

1488

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 531. By Senators Farrow of the 54th and Walker of the 22nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agree ments among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if the advantages to the public outweigh any disadvantages; to provide for the sub mission of this amendment for ratification or rejection.

HR 1032. By Representatives Reichert of the 126th, Channell of the lllth, Walker of the 141st, Groover of the 125th, Connell of the 115th and others:
A resolution recognizing and designating Georgia's Antiques Trail.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:

HB 1209.

By Representatives Dobbs of the 92nd, Twiggs of the 8th, Colwell of the 7th, Sherrill of the 62nd, Lane of the 146th and others:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to add state and federal appellate judges to the list of persons exempt from certain provisions of law relating to carrying weapons at school functions or on school property and relating to the possession and carrying of firearms.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:

HB 674. By Representative Groover of the 125th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the "Hospital Authorities Law," so as to pro vide that certain real property owned by a hospital authority shall be subject to state, county, and municipal ad valorem taxation; to provide that certain real property acquired by a hospital authority shall be subject to all local zoning regulations.

HB 1732.

By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act creating the State Court of Walker County, so as to change the provisions relative to the judge of said court and the compensa tion of said judge; to provide for a secretary for such judge.

The Senate has agreed to the House amendment to the Senate amendment to the fol lowing Bill of the House:
HB 545. By Representatives Thomas of the 100th, Chambless of the 163rd and Groover of the 125th:
A bill to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to the relative rights of creditor and surety, so as to provide for payment bonds or security deposits with respect to con tracts for the construction of an improvement to property other than a pub lic work.

TUESDAY, MARCH 1, 1994

1489

The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:

HB 415. By Representatives Crews of the 78th, Randall of the 127th, Wall of the 82nd, Joyce of the 1st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to prohibit certain acts which assist in the commission of suicide or which cause the death of another by suicide.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Broun of the 46th, Egan of the 40th and Edge of the 28th.

The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:

SR 517. By Senators Edge of the 28th, Day of the 48th, Guhl of the 45th, Tysinger of the 41st, Egan of the 40th and others:
A resolution applying to the Congress of the United States to call a conven tion for the purpose of proposing an amendment to the Constitution of the United States to provide that no federal tax shall be imposed for the period before the date of enactment of the tax.

The Senate insists on its amendments to the following Bill of the House:

HB 1225.

By Representatives Martin of the 47th, Watson of the 139th and Carlisle of the 107th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to provide that it shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of right of entry to any entertainment event, including, but not limited to, athletic contests, concerts, theater performances, or other entertainments, amusements, or exhibitions to which the general public is admitted.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 680. By Senator Robinson of the 16th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local election the candidate receiving a plurality of the votes cast shall be elected; to define what shall constitute a plurality; to provide that a runoff shall be held only in the case of a tie; to make similar provisions for the election of persons to the offices of United States senator and representative; to provide that there shall be no majority vote requirement for the election of any officer.

The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:

1490

JOURNAL OF THE HOUSE,

SR 547. By Senators Ragan of the llth and Turner of the 8th:
A resolution authorizing the conveyance of certain state owned real property located in Grady County, Georgia; to provide an effective date.

SR 456. By Senators Robinson of the 16th, Hooks of the 14th, Ray of the 19th and Edge of the 28th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Jus tices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived; to provide for the submission of this amendment for ratification or rejection.

SR 548. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; to provide for the conveyance of said property back to the State of Georgia under certain conditions; to provide an effective date.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate:

SB 657. By Senators Robinson of the 16th and Newbill of the 56th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to lobbyist registrations and reports, so as to provide for quarterly reports for certain lobbyists; to provide for effective dates.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:

SB 438. By Senators Clay of the 37th, Guhl of the 45th and Crotts of the 17th:
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; to provide an effective date.
Referred to the Committee on Judiciary.

SB 513. By Senators Crotts of the 17th, Day of the 48th, Newbill of the 56th and others:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs in public ele mentary and secondary schools, so as to provide for a uniform grading sys tem for certain purposes.
Referred to the Committee on Education.

TUESDAY, MARCH 1, 1994

1491

SB 526. By Senators Cheeks of the 23rd, Marable of the 52nd and Langford of the 35th:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Anno tated, relating to annual contracts of teachers, principals, and other certifi cated professional personnel, so as to require fingerprinting and criminal record checks through the Georgia Crime Information Center and the National Crime Information Center of all persons employed for the first time by local units of administration as teachers, principals, or other certificated professional personnel; to provide that the cost of obtaining fingerprint and criminal records checks shall be borne by the person seeking employment; to provide for practices and procedures.
Referred to the Committee on Education.

SB 552. By Senator Baugh of the 25th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require a minimum personal needs allowance for recipients of medical assist ance who are residents of long-term care facilities.
Referred to the Committee on Health & Ecology.

SB 608. By Senators Hemmer of the 49th, Robinson of the 16th, Henson of the 55th and others:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, the "Erosion and Sedimentation Act of 1975," so as to define certain terms; to revise minimum requirements; to require the property owner where land-disturbing activity occurs to obtain a permit; to authorize the denial of a permit under certain conditions; to allow an issuing authority to require a bond or other form of financial security.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 616. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to create the Clayton County Airport Authority; to declare the need for an airport authority; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for the filling of vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 642. By Senator Madden of the 47th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to change the provisions relating to definitions; to change certain exemptions from licensing; to change the licens ing requirements for professional counseling.
Referred to the Committee on Health & Ecology.

1492

JOURNAL OF THE HOUSE,

SB 648. By Senators Thompson of the 33rd and Perdue of the 18th:
A bill to amend Chapter 6 of Title 49 of the Official Code of Georgia Anno tated, relating to services for the aging, so as to enact the "Georgia Family Caregiver Support Act"; to provide for a short title, intent, and definitions; to provide for rules and procedures; to prevent the creation of entitlements; to prohibit the displacement of benefits, entitlements, and resources.
Referred to the Committee on Human Relations & Aging.
SB 651. By Senators Farrow of the 54th and Perdue of the 18th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for rights of residents of personal care homes; to pro vide for grievance procedures for violations of such rights; to provide for administrative hearings for violations of such rights.
Referred to the Committee on Human Relations & Aging.
SB 657. By Senators Robinson of the 16th and Newbill of the 56th:
A bill to amend Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to lobbyist registrations and reports, so as to provide for quarterly reports for certain lobbyists; to provide for effective dates.
Referred to the Committee on Judiciary.
SB 673. By Senators Farrow of the 54th and Walker of the 22nd:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to allow health care providers to enter into coop erative agreements for the provision of health care which may have the effect of lessening competition; to provide a short title; to define certain terms; to provide for applications for certificates of public advantage.
Referred to the Committee on Health & Ecology.
SB 680. By Senator Robinson of the 16th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local election the candidate receiving a plurality of the votes cast shall be elected; to define what shall constitute a plurality; to provide that a runoff shall be held only in the case of a tie; to make similar provisions for the election of persons to the offices of United States senator and representative; to provide that there shall be no majority vote requirement for the election of any officer.
Referred to the Committee on Governmental Affairs.

SB 694. By Senator Pollard of the 24th:
A bill to amend Article 3 of Chapter 4 of Title 14 of the Official Code of Georgia Annotated, relating to corporate finance, so as to provide cross refer ences to provisions governing the issuance of preferred stock by insurance, banking, or trust companies; to amend Article 2 of Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock insur ers, so as to authorize the issuance of preferred stock by domestic stock insurance companies.
Referred to the Committee on Banks & Banking.

TUESDAY, MARCH 1, 1994

1493

SB 696. By Senators Coleman of the 1st, Turner of the 8th and Starr of the 44th:
A bill to amend Article 1 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to retail installment and home solicitation sales, so as to provide for the application of payments to revolving accounts by written agreement of the parties; to provide for construction.
Referred to the Committee on Banks & Banking.

SB 702. By Senator Langford of the 29th:
A bill to amend an Act creating the State Court of Troup County, as amended, so as to provide that the judge of the state court shall be a fulltime judge within the meaning of Code Section 15-7-20 of the Official Code of Georgia Annotated; to change the provisions relating to the compensation of the judge; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 703. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act to provide a homestead exemption from certain City of Morrow ad valorem taxes for city purposes so as to increase the amount of homestead exemption from City of Morrow ad valorem taxes to $8,000.00; to provide for applicability; to provide for a referendum and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 705. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Appling County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the author ity for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 706. By Senator Boshears of the 6th:
A bill to amend an Act changing the composition and method of election of the Board of Education of Appling County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 707. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the probate Court of Appling County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 708. By Senators Robinson of the 16th and Harbison of the 15th:
A bill to amend an Act establishing the State Court of Muscogee County, as amended, so as to change the compensation of the judges of the court; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

1494

JOURNAL OF THE HOUSE,

SR 456. By Senators Robinson of the 16th, Hooks of the 14th, Ray of the 19th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Jus tices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.

SR 517. By Senators Edge of the 28th, Day of the 48th, Guhl of the 45th and others:
A resolution applying to the Congress of the United States to call a conven tion for the purpose of proposing an amendment to the Constitution of the United States to provide that no federal tax shall be imposed for the period before the date of enactment of the tax.
Referred to the Committee on Ways & Means.

SR 531. By Senators Farrow of the 54th and Walker of the 22nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize contracts and agree ments among health care providers and other persons for the provision of health care services which may have the effect of lessening competition if the advantages to the public outweigh any disadvantages; to provide for the sub mission of this amendment for ratification or rejection.
Referred to the Committee on Health & Ecology.

SR 547. By Senators Ragan of the llth and Turner of the 8th:
A resolution authorizing the conveyance of certain state owned real property located in Grady County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 548. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; to provide for the conveyance of said property back to the State of Georgia under certain conditions; to provide an effective date.
Referred to the Committee on State Institutions & Property.

The following Resolutions of the House were read and referred to the Committee on Rules:

HR 1046. By Representatives Buck of the 135th, Royal of the 164th, Murphy of the 18th, Lee of the 94th, Walker of the 141st and others:
A resolution commending President John Patrick Crecine and inviting him to appear before the House of Representatives.

TUESDAY, MARCH 1, 1994

1495

HR 1047.

By Representatives Barfoot of the 155th, Byrd of the 170th, Lucas of the 124th, Murphy of the 18th and Lane of the 146th:
A resolution commending Melvin Carnell Blount and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:

HB 1677.

By Representatives Floyd of the 172nd, Oliver of the 154th and Milam of the 130th:
A bill to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to create the criminal offense of debit card fraud; to provide that it shall be unlawful to use a debit card to fraudently withdraw, pay or transfer money from a deposit account in a financial institution.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change references to the offense of criminal issuance of a bad check to the offense of deposit account fraud; to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to bad checks, so as to change the criminal offense of issuance of a bad check to deposit account fraud; to include debit card sales drafts as instruments with regard to such offense; to provide certain definitions; to make it unlawful to fraudulently print, negotiate, or execute debit card sales drafts; to pro vide penalties; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking Code Section 15-10-82, relating to the hearing fee on application for search or arrest warrant or bad check citation, and inserting in lieu thereof a new Code Section 15-10-82 to read as follows:
"15-10-82. For hearing an application for an arrest or search warrant or bad ehekdeposit account fraud citation, the fee charged shall not exceed $10.00Z but this fee may be waived by the issuing magistrate if he or she finds that because of the financial cir cumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice."
Section 2. Said chapter is further amended by striking Code Section 15-10-200, relat ing to the applicability of Article 10 of said chapter, and inserting in lieu thereof a new Code Section 15-10-200 to read as follows:
"15-10-200. This article governs trials of misdemeanor violations of Code Section 16-9-20, relating to issuance ef bad cheeks deposit account fraud, which violations shall be punishable as provided in subsection (b) of Code Section 16-9-20."
Section 3. Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to bad checks, is amended by striking Code Section 16-9-20, relating to the issuance of bad checks, in its entirety and inserting in its place a new Code Section 16-9-20 to read as follows:
"16-9-20. (a) A person commits the offense of criminal issuance ef- bad eheek deposit account fraud when he such person makes, draws, utters, executes, or delivers a check, draft, ef order an instrument for the payment of money on any bank or other

1496

JOURNAL OF THE HOUSE,

depository in exchange for a present consideration or wages, knowing that it will not be

honored by the drawee. For the purposes of this Code section, it is prima-facie evidence

that the accused knew that the instrument would not be honored if:

(1) The accused had no account with the drawee at the time the instrument was

made, drawn, uttered, or delivered;

(2) Payment was refused by the drawee for lack of funds upon presentation within

30 days after delivery and the accused or someone for him or her shall not have ten

dered the holder thereof the amount due thereon, together with a service charge,

within ten days after receiving written notice that payment was refused upon such

instrument. For purposes of this paragraph:

(A) Notice mailed by certified or registered mail evidenced by return receipt to

the person at the address printed on the instrument or given at the time of issuance

shall be deemed sufficient and equivalent to notice having been received as of the

date on the return receipt by the person making, drawing, uttering, executing, or

delivering the instrument. A single notice as provided in subparagraph (B) of this

paragraph shall be sufficient to cover all checks instruments on which payment was

refused and which were delivered within a ten-day period by the accused to a single

entity, provided that the form of notice lists and identifies each check instrument;

and

(B) The form of notice shall be substantially as follows:

'You are hereby notified that the following check(s) er instrument(s)

Check

Name

X1^T1 U~ .

n V_uJI~1U~UlH,

P I^X.hIUfUf Klr

n Ulf

Number

Date

Amount

Bank

drawn upon ________________ and payable to _______________, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the chcck(s) e* instrument(s) plus the applicable service charge(s) of $___________, the total amount due being _________________ dollars and ________ cents. Unless this amount is paid in full within the specified time above, a pre sumption in law arises that you delivered the itcm(s) instrument(s) with the intent to defraud and the dishonored chcck(3) er instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor for criminal prosecution.'; or (3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the instrument or given by the accused at the time of issuance of the instrument. (b) (1) Except as provided in paragraphs (2) and (3) of this subsection and subsec tion (c) of this Code section, a person convicted of the offense of criminal issuance ef a bad check deposit account fraud shall be guilty of a misdemeanor and, upon con viction thereof, shall be punished as follows: (A) When the check instrument is for less than $100.00, a fine of not more than $500.00 or imprisonment not to exceed 12 months, or both; (B) When the cheek instrument is for $100.00 or more but less than $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or (C) When more than one check instrument is involved and such checks instru ments were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate checks instruments may be added together to arrive at and be punishable under subparagraph (B) of this paragraph.

TUESDAY, MARCH 1, 1994

1497

(2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of criminal issuance of a bad check deposit account fraud, when the check instrument is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one check instrument is involved and such cheeks instruments were given to the same entity within a 15 day period and the cumulative total of such checks instruments is not less than $300.00 nor more than $499.99, the person drawing and giving such checks instruments shall upon conviction be guilty of a misdemeanor of a high and aggravated nature.
(3) Except as provided in subsection (c) of this Code section, a person convicted of the offense of criminal issuance ef a bad check deposit account fraud, when the check instrument is for $500.00 or more, shall be guilty of a felony and, upon convic tion thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.
(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the check instrument, together with all costs of bringing a complaint under this Code section. Costs shall be presumed to be $20.00, inclusive of warrant or citation application fee and certified or registered mail letter fee, provided that the party caus ing the criminal warrant or citation to issue may present competent evidence of costs in excess of $20.00 as the court considers the assessment of costs. Restitution may be made while the defendant is serving a probated or suspended sentence. (c) A person who commits the offense of criminal issuance ef a bad check deposit account fraud by the making, drawing, uttering, executing, or delivering of a check, draft, or order an instrument on a bank of another state shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine in an amount of up to $1,000.00, or both. (d) The prosecuting authority of the court with jurisdiction over a violation of sub section (c) of this Code section may seek extradition for criminal prosecution of any per son not within this state who flees the state to avoid prosecution under this Code section. (e) In any prosecution or action under this Code section, a check, draft, er order an instrument for which the information required in this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing the check, draft, or order or executing the instrument and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity of the party presenting the check, draft, e* order instrument shall be obtained by the party receiving such instrument: the full name, residence address, and home phone number.
(1) Such information may be provided by either of two methods: (A) The information may be recorded upon the check or instrument itself; or (B) The number of a check-cashing identification card issued by the receiving
party may be recorded on the check instrument. The check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.
(2) In addition to the information required in this subsection, the party receiving a check an instrument shall witness the signature or endorsement of the party pre senting such check instrument and as evidence of such the receiving party shall initial the check instrument.
(f) As used in this Code section, the term:
(1) 'Bank' shall include a financial institution as defined in paragraph (21) of Code Section 7-1-4.
{!) (2) 'Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail.
(3) 'Financial institution' shall have the same meaning as defined in paragraph (21) of Code Section 7-1-4.

1498

JOURNAL OF THE HOUSE,

(4) 'Instrument' means a check, draft, debit card sales draft, or order for the pay ment of money.
43) (5) 'Present consideration' shall include without limitation: (A) An obligation or debt of rent which is past due or presently due; (B) An obligation or debt of state taxes which is past due or presently due; (C) An obligation or debt which is past due or presently due for child support
when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment;
(D) A simultaneous agreement for the extension of additional credit where addi tional credit is being denied; and
(E) A written waiver of mechanic's or materialmen's lien rights.
43) (6) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34.
(g) This Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3.
(h) (1) Any party holding a worthless check, draft, er order instrument and giving notice in substantially similar form to that provided in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section and payment of any check, draft, er order for the payment of money instrument shall have been refused because the maker or drawer had no account with the bank or other deposi tory on which such check, draft, er erder instrument was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he2 she, or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such check, draft, er erdr instrument, no evidence of statements or representations as to the status of the eheefc; draft, er erder instrument involved or of any collateral agreement with reference to the check, draft, er order instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the check, draft, er order instrument at the time it is delivered by the maker thereof.
(2) Except as otherwise provided by law, any party who holds a worthless check, draft, er erder instrument, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his or her right to continue or pursue civil remedies authorized by law for the collection of the worthless check, draft, er erder instrument. It shall be deemed con clusive evidence that any action is brought upon probable cause and without malice where such party holding a worthless check, draft, er order instrument has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the check, draft, er order instrument and applicable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such check, draft, er order instrument, no evidence of statements or representations as to the status of the check, draft, er erder instrument involved or of any collateral agreement with reference to the check, draft, er erder instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simul taneously with or upon the check, draft, er erdr instrument at the time it is delivered by the maker thereof.
(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order ef withdrawal, er lifce an instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit

TUESDAY, MARCH 1, 1994

1499

may, if such instrument is not paid or is dishonored by such institution, charge and col lect from the borrower or person to whom the credit was extended a bad check instru ment charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state.
(j) For purposes of this Code section, no service charge or bad check instrument charge shall exceed $20.00 or 5 percent of the face amount of the check instrument, whichever is greater.
(k) An action under this Code section may be prosecuted by the party initially receiving a worthless check, draft, er order instrument or by any subsequent holder in due course of any such worthless check, draft, or order instrument."
Section 4. Said article is further amended by striking Code Section 16-9-21, relating to fraud in the printing, executing, and negotiating of checks, drafts or orders, and insert ing in lieu thereof a new Code Section 16-9-21 to read as follows:
"16-9-21. (a) It shall be unlawful for any person to print or cause to be printed checks, drafts, er orders^ or debit card sales drafts, drawn upon any financial institution as such term is defined in paragraph {21} ef Code Section 7-1-4 or to execute or negoti ate any check, draft, or order^ or debit card sales draft knowing that the account num ber, routing number, or other information printed on such check, draft, w order2 or debit card sales draft is in error, fictitious, or assigned to another account holder or financial institution.
(b) Any person who violates subsection (a) of this Code section shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one year nor more than five years, or both."
Section 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker Y Bannister
Y Barfoot Y Bargeron Y Barnes Y Bates Y Benel'ield
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
Carlisle Y Carrell Y Carter Y Cauthorn
Y Chambless
Y Chandler Y Channel!

Childers Y Clark Y Coker Y Coleman, B Y Coleman, T
Y Colwell Y Connell Y Cox Y Crawford Y Crews
Y Culbreth
Cummings
Davis, O Y Davis, M
Y Dickinson Y Dix
Y Dixon, H
Dixon, S Dobbs 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

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 Irvin Y James
Y Jamieson
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 Y Mann Y Martin
Y McBee
McClinton
McKinney Y Milam
Y Mills Y Mobley, B
Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote
Perry
Y Pinholster Y Poag

Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph Y Ray Y Reaves
Y Reichert
Y Roberts
Y Royal Y Scoggins
Y Shanahan Y Sherrill
Y Shipp
Y Simpson Sinkfield 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 Stanley, L

1500

JOURNAL OF THE HOUSE,

Stanley, P Y Stephenson Y Streat Y Taylor Y Teague

Y Teper Y Thomas Y Tillman Y Titus Y Towery

Y Trense E 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 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 642. By Representative Randall of the 127th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Anno tated, relating to child support in final verdict or decree and the computation of such award, so as to provide that the basis of computation shall be net income; to provide that each parent shall prepare a financial statement indi cating the amount needed for support.

Further action on HB 642 was suspended until 1:30 o'clock this afternoon.

The Speaker announced the House in recess until 1:30 o'clock this afternoon.

TUESDAY, MARCH 1, 1994

1501

AFTERNOON SESSION

The Speaker called the House to order.

Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 1025 Do Pass HR 1038 Do Pass
Respectfully submitted, M Lee of the 94th
Chairman

Representative Colwell of the 7th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 1026 Do Pass
Respectfully submitted, /s/ Colwell of the 7th
Chairman

Representative Buck of the 135th 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 441 Do Pass, by Substitute HR 240 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted.

HR 1025.

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 commending Nancy Mewborn Burton and inviting her to appear before the House of Representatives.

1502

JOURNAL OF THE HOUSE,

HR 1038.

By Representatives Smyre of the 136th, Buck of the 135th, Lee of the 94th, Walker of the 141st and Murphy of the 18th:
A resolution commending Chancellor H. Dean Propst and inviting him to appear before the House of Representatives.

The following Bill of the House, having been previously read, was again taken up for consideration:

HB 642. By Representative Randall of the 127th:
A bill to amend Code Section 19-6-15 of the Official Code of Georgia Anno tated, relating to child support in final verdict or decree and the computation of such award, so as to provide that the basis of computation shall be net income; to provide that each parent shall prepare a financial statement indi cating the amount needed for support.

The following Committee substitute was read:

A BILL
To amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree and the computation of such award, so as to provide that the basis of computation shall be net income; to provide that each parent shall prepare a financial statement indicating the amount needed for support; to provide for certain exemptions from computation of net income; to provide for applicability to temporary orders; 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 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree and the computation of such award, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the children embraced in the verdict or decree. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursu ant to the review by the court of child support amounts contained in this Code section.
(b) The child support award shall be computed as provided in this subsection: (1) Computation of child support shall be based upon gross net income. Net
income shall be defined to exclude deductions from the payer's total income only as follows:
(A) State income taxes; (B) Federal income taxes; (C) FICA assessments; (D) That part of health or medical insurance premiums which are for the cover age of minor children subject of the issue of support before the court; and (E) Social security or equivalent retirement payment plans to be calculated as if social security; (1.1) Each parent shall prepare a financial statement indicating the amount needed for the total support of the child or children, especially in those cases where

TUESDAY, MARCH 1, 1994

1503

both parents have income. Each parent's share of support shall be apportioned based on respective income;
(2) For the purpose of determining the obligor's child support obligation, gross net income shall include 100 percent of net wage and salary income and other compensa tion for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross net income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross net monthly income;
(4) Allowable expenses deducted to calculate self-employment income that person ally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross net monthly income; ad
(5) Income derived from overtime work shall not be included in calculating the obligor's net monthly income, provided that such income is sufficiently shown to be derived from overtime work that is not performed regularly and continuously;
(6) Income derived from intermittent part-time employment shall not be included in calculating the obligor's net monthly income, provided that such income is suffi ciently shown to be derived from intermittent part-time employment that is not per formed regularly and continuously; and
(&) (7) The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross net income per pay period by a percentage based on the number of children for whom child support is being determined. The applica ble percentages of gross net income to be considered by the trier of fact are:

Number of Children

Percentage Range of Gross Net Income

1 2 3 4 5 or more

17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.
(c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:
(1) Ages of the children; (2) A child's medical costs or extraordinary needs; (3) Educational costs; (4) Day-care costs; (5) Shared physical custody arrangements, including extended visitation; (6) A party's other support obligations to another household; (7) Income that should be imputed to a party because of suppression of income; (8) In-kind income for the self-employed, such as reimbursed meals or a company car; (9) Other support a party is providing or will be providing, such as payment of a mortgage; (10) A party's own extraordinary needs, such as medical expenses; (11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000.00 per annum);

1504

JOURNAL OF THE HOUSE,

(12) Historical spending in the family for children which varies significantly from the percentage table;
(13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact;
(14) In-kind contribution of either parent; and (15) The income of the custodial parent. (d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years there after. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The commission shall also submit a report to the House Judiciary Commit tee and Senate Special Judiciary Committee during the 1991 regular session of the Gen eral Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines. (e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered. (f) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances. (g) The provisions of subsection (b) of this Code section shall be equally applicable to a temporary order or final decree for divorce, separate maintenance, legitimation, paternity, or modification of a decree entered in such an action."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Holmes of the 53rd moves to amend the Committee substitute to HB 642 as follows:
Striking lines 16 - 27 (Sections 5 & 6) page 3 and renumber sections accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Ashe N Atkins
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 Brown
N Buck N Buckner N Bunn
N Burkhalter N Byrd N Campbell N Canty

N Carlisle N Carrell N Carter
N Cauthorn Chambless
N Chandler N Channel! N Childers
N Clark N Coker N Coleman. B N Coleman, T

N Colwell N Connell Y Cox
N Crawford Y Crews
N Culbreth N Cummings N Davis, G
Y Davis, M N Dickinson N Dix N Dixon, H

N Dixon, S N Dobbs N Ehrhart
Epps N Evans
N Felton N Floyd, J.M N Floyd, J.W
Godbee N Golden Y Goodwin N Greene

TUESDAY, MARCH 1, 1994

1505

N Groover N Hammond N Hanner N Harris, B Y Harris, M
Hart Heard N Hegstrom N Hembree N Henson N Holland Y Holmes N Howard N Hudson N Hughes N Hugley N Irvin Y James Y Jamieson N Jenkins Johnson, U.H N Johnson, E N Johnson, G N Johnson, J

N Johnston N Jones N Joyce
N Kaye N Kinnamon
N Klein N Ladd N Lakly N Lane, D N Lane, R N Lawrence
Y Lawson N Lee
N Lewis N Lord N Lucas
N Maddox
NMann N Martin N McBee
N McClintun
N McKinney
N Milam
N Mills

N Mobley. B N Mobley, J N Moore N Mosley N Mueller E Oliver N O'Neal N Orrock N Padgett E Parham N Parrish
Patten Pelote N Perry N Pinholsler NPoag N Polak Y Porter N Poston N Powell Purcell, A N Purcell, B N Randall N Randolph

NRay N Reaves Y Reichert N Roberts N Royal N Scoggins N Shanahan N Sherrill N Shipp N Simpson Y Sinkfield N Skipper N Smith, C N Smith, L N Smith, P N Smith, T N Smith, V Y Smith, W Y Smyre N Snow N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P

On the adoption of the amendment, the ayes were 21, nays 142. The amendment was lost.

Stephenson N Streat N Taylor Y Teague N Teper N Thomas N Tillman N Titus N Towery N Trense E Turnquest
Twiggs N Vaughan N Walker Y Wall N Watson N Watts N Westmoreland N White N Williams, B N Williams, R N Yates N Yeargin
Murphy, Spkr

The following amendment was read:

Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 642 as follows:
Add on page 6, add para. H:
A decrease in child support payments shall not be awarded to the non-custodial par ent unless and until all child - support payments are current.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker N Bannister N Barfoot Y Bargercm N Barnes Y Bates Y Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks. T
Brown Y Buck Y Buckner Y Bunn Y Burkhalter N Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn N Chambless

N 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 Y Davis, G Y Davis, M Y Dickinson YDix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Felton Y Floyd, J.M N Floyd, J.W N Godbee Y Golden

Y Goodwin Y Greene N Groover N Hammond N Hanner N Harris, B Y Harris, M Y Hart
Heard Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson Y Hughes Y Hugley Y Irvin 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 N Klein Y Ladd Y Lakly Y Lane, D N Lane, H Y Lawrence Y Lawson YLee Y Lewis N Lord N Lucas Y Maddox Y Mann N Martin Y McBee N McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal Y Orrock

Y Padgett
E Parham
Y Parrish
Patten
Y Pelote
N Perry
Y Pinholster
YPoag
Y Polak
Y Porter
Y Poston
Y Powell Purcell, A
Y Purcell, B N Randall Y Randolph YRay Y Reaves N Reichert N Roberts Y Royal Y Scoggins N Shanahan Y Sherrill Y Shipp N Simpson Y Sinkfield N Skipper N Smith, C

1506

JOURNAL OF THE HOUSE,

Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W
Smyre
Y Snow

N Standl, K Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson N Streat
Y Taylor

Y Teague Y Teper N Thomas Y Tillman Y Titus Y Towery
Y Trense

E Turnquest Twiggs
Y Vaughan Y Walker Y Wall N Watson
N Watts

On the adoption of the amendment, the ayes were 125, nays 41. The amendment was adopted.

Y Westmoreland N White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

The following amendments were read and adopted:

Representative Jamieson of the 22nd moves to amend the Committee substitute to HB 642 as follows:
By adding on line 24, page 2 the following:
(F) All state and federal income tax shall be computed upon a current W-4 and G-4. Same withholding statements shall require withholding based upon correct filing status and number of exemptions to which the non-custodial parent is legally entitled.

Representative Mobley of the 69th moves to amend the Committee substitute to HB 642 by adding, following the word "legitimation" on line 32 of page 6, the following:
"j temporary protective order".

The following amendment was read:

Representative Mobley of the 69th moves to amend the Committee substitute to HB 642 by adding, following the semicolon on line 5 of page 1, the following:

"to change certain presentation ranges used in the calculation of child support obliga tions;".

By striking lines 5 through 9 of page 4 and inserting in lieu thereof the following:

"1 2 3 4 5 or more

W 20 percent to 23 26 percent 23 26 percent to 28 31. percent 36 28 percent to 82 35 percent 39 32 percent to 36 38 percent 3i 34 percent to 37 40 percent".

On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

Y Ashe N Atkins N Bailey Y Baker
N Bannister
N Barfoot
N Bargeron Y Barnes Y Bates N Benefield
N Birdsonf*
N Bordeaux
Bostick N Breedlove Y Brooks. D Y Brooks. T

Brown N Buck Y Buckner Y Bunn
N Burkhalter
N Byrd
N Campbell N Canty Y Carlisle N Carrell
N Carter
N Cauthorn
N Chambless N Chandler N Channell N Childers

N Clark N Coker N Coleman, B N Coleman, T
N Colwell
N Connell
Y Cox N Crawford Y Crews N Culbreth
N Cummings
N Davis, G
Y Davis, M N Dickinson N Dix N Dixon, H

N Dixon, S N Dobbs N Ehrhart
Epps
N Evans
N Felton
N Floyd, J.M N Floyd, J.W N Godbee N Golden
Y Goodwin
Y Greene
N Groover Y Hammond N Hanner N Harris, B

N Harris, M Y Hart
Heard Y Hegstrom
N Hembree
Y Henson
N Holland Y Holmes
Howard Y Hudson
N Hughes
Y Hugley
N Irvin Y James Y Jamieson N Jenkins

TUESDAY, MARCH 1, 1994

1507

Y Johnson, D.H N Johnson, E
N Johnson, G N Johnson, J N Johnston
N Jones
Y Joyce
N Kaye
N Kinnamon
N Klein
N Ladd
N Lakly N Lane, I) N Lane, K N Lawrence N Lawson N Lee N Lewis N Lord
Lucas

N Maddox N Mann N Martin Y McBee Y McClinton
McKinney N Milam N Mills
Y Mobley, B
N Mobley, J
N Moore
N Mosley
N Mueller
E Oliver
N O'Neal
N Orrock N Padgett E Parham N Fairish
Patten

Y Pelote
N Perry
N Pinholster
N Poag Y Polak Y Porter N Poston N Powell
Purcell, A
N Purcell, B
Y Randall
N Randolph N Ray N Reaves N Reichert N Roberts
N Royal
Y Scoggins N Shanahan Y Sherrill

N Shipp
N Simpson Y Sinkfield N Skipper N Smith, C N Smith, L N Smith, P N Smith, T
N Smith, V Y Smith, W
Smyre N Snow N Stancil, F N Stancil, S
Y Stanley, L Y Stanley, P
N Stephenson
N Streat Y Taylor Y Teague

Y Teper Y Thomas
N Tillman
N Titus N Towery N Trense E Turnquest
Twiggs
N Vaughan N Walker Y 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 amendment, the ayes were 44, nays 121. The amendment was lost.

Representative Barnes of the 33rd moved that the House reconsider its action in adopting the first Jamieson amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe
Y Atkins Y Bailey N Baker
Bannister Y Barfoot
N Bargeron Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove N Brooks, D
Y Brooks, T
Brown
Y Buck N Buckner N Bunn Y Burkhalter Y Byrd
Y Campbell
Y Canty
Y Carlisle N Carrell N Carter Y Cauthorn
Y Chambless N Chandler
Y Channell
N Childers Y Clark
N Coker Y Coleman, B Y Coleman, T

Colwell
Y Connell
YCox
N Crawford
N Crews Y Culbreth
Y Cummings N Davis, G Y Davis, M N Dickinson NDix N Dixon, H
Y Dixon, S
N Dobbs
N Ehrhart
YEpps 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 Manner Y Harris, B
N Harris, M N Hart Y Heard
N Hegstrom Y Hembree N Henson Y Holland N Holmes

Y Howard
Y Hudson
Y Hughes
N Hugley Y Irvin Y James N Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E N Johnson, G
N Johnson, J
Y Johnston Y Jones
N Joyce N Kaye Y Kinnamon Y Klein YLadd
N Lakly
N Lane, D Y Lane, R N Lawrence N Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann
Y Martin
N McBee N McClinton Y McKinney
Milam N Mills

N Moblev. B
N Mobley, J N Moore Y Mosley
Mueller E Oliver Y O'Neal N Orrock
Y Padgett
E Parham
Y Parrish
Patten N Pelote Y Perry N Pinholster N Poag Y Polak N Porter N Poston Y Powell
Purcell, A N Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Royal Y Scoggins Y Shanahan N Sherrill Y Shipp Y Simpson
N Sinkfield Y Skipper

Y Smith. C
Y Smith, L
Y Smith, P
Y Smith, T Y Smith, V N Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Y Stephenson
Y Streat N Taylor Y Teague N Teper
Y Thomas
N Tillman
Y Titus
N Towery
N Trense E Turnquest
Twiggs Y Vaughan Y Walker N Wall Y Watson Y Watts Y Westmoreland Y White N Williams, B Y Williams, R Y Yates
Yeargin
Murphy, Spkr

On the motion, the ayes were 101, nays 64. The motion prevailed.

On the re-adoption of the first Jamieson amendment, the roll call was ordered and the vote was as follows:

1508

JOURNAL OF THE HOUSE,

Y Ashe N Atkins Y Bailey Y Baker N Bannister N Barfoot Y Bargeron N Barnes N Bates Y Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove
Brooks, U N Brooks, T
Brown N Buck Y Buckner Y Bunn N Burkhaltei
N Byrd N Campbell
N Canty N Carlisle Y Carrell Y Carter N Cauthorn N Chambless
Y Chandler N Channell Y Childers
N Clark Y Coker Y Coleman, B N Coleman, T

Colwell
N Connell NCox Y Crawford Y Crews N Culbreth Y Cummings Y Davis, G N Davis, M Y Dickinson YDix Y Dixon, H N Dixon, S Y Dobbs Y Ehrhart N Epps 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 Manner N Harris, B Y Harris, M Y Hart N Heard Y Hegstrom Y Hembree Y Henson N Holland
Y Holmes

N Howard N Hudson N Hughes Y Hugley N Irvin Y James Y Jamieson N Jenkins
Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J N Johnston Y Jones Y Joyce YKaye N Kinnamon N Klein N Ladd Y Lakly Y Lane, D N Lane, R Y Lawrence Y Lawson Y Lee N Lewis N Lord N Lucas Y Maddox N Mann N Martin Y McBee
Y McClinton N McKinney N Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal
Y Orrock N Padgett E Parham N Parrish
Patten Y Pelote N Perry Y Pinholster YPoag N Polak Y Porter Y Poston N Powell
Purcell, A Y Purcell, B N Randall Y Randolph NRay Y Reaves N Reichert
N Roberts N Royal Y Scoggins N Shanahan Y Sherrill N Shipp N Simpson Y Sinkfield
N Skipper

N Smith, C
Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre N Snow
N Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor Y Teague Y Teper N Thomas N Tillman N Titus Y Towery Y Trense E Turnquest
Twiggs Y Vaughan
N Walker Y Wall N Watson Y Watts Y Westmorland N White Y Williams, B
N Williams, R Y Yates N Yeargin
Murphy, Spkr

On the re-adoption of the Jamieson amendment, the ayes were 84, nays 84. The amendment was lost.

The following amendment was read:

Representative Campbell of the 42nd moves to amend the Committee substitute to HB 642 by striking lines 1 through 27 on page 1, lines 1 through 34 on page 2, lines 1 through 33 on page 3, lines 1 through 33 on page 4, lines 1 through 34 on page 5, lines 1 through 33 on page 6, and lines 1 and 2 on page 7, and inserting in lieu thereof the following:
"To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change the provisions relating to computation of child support awards and the guidelines for determining the amount of such awards; to provide for defini tions; to provide for new and completely revised guidelines; to provide for the support of children and parents' obligations relating thereto; to provide for other matters relat ing thereto; to provide for applicability;to repeal conflicting lawsjand 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 Code Section 19-6-15, relating to child support, compu tation of an award, and guidelines for determining the amount of an award, which reads as follows:
'19-6-15. (a) In the final verdict or decree, the trier of fact shall specify in what amount and from which party the minor children are entitled to permanent support. The final verdict or decree shall further specify in what manner, how often, to whom, and until when the support shall be paid. When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries fur nished to the children embraced in the verdict or decree. In any case in which child

TUESDAY, MARCH 1, 1994

1509

support is determined by a jury, the court shall charge the provisions of this Code sec tion but the jury shall not be required to return a special interrogatory. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of child support amounts contained in this Code section.
(b) The child support award shall be computed as provided in this subsection: (1) Computation of child support shall be based upon gross income; (2) For the purpose of determining the obligor's child support obligation, gross
income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor's gross monthly income;
(4) Allowable expenses deducted to calculate self-employment income that per sonally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor's gross monthly income; and
(5) The amount of the obligor's child support obligation shall be determined by multiplying the obligor's gross income per pay period by a percentage based on the number of children for whom child support is being determined. The applicable per centages of gross income to be considered by the trier of fact are:

Number of Children

Percentage Range of Gross Income

1 2 3 4 5 or more

17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

These guidelines are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of trial.
(c) The trier of fact may vary the final award of child support, up or down, outside the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of special circumstances. The special circumstances may be any factor which the trier of fact deems to be required by the ends of justice. Some of the factors which may warrant such variations include, but are not limited to:
(1) Ages of the children; (2) A child's medical costs or extraordinary needs; (3) Educational costs; (4) Day-care costs; (5) Shared physical custody arrangements, including extended visitation; (6) A party's other support obligations to another household; (7) Income that should be imputed to a party because of suppression of income; (8) In-kind income for the self-employed, such as reimbursed meals or a com pany car; (9) Other support a party is providing or will be providing, such as payment of a mortgage; (10) A party's own extraordinary needs, such as medical expenses; (11) Extreme economic circumstances (for example, unusually high debt structure or unusually high income which shall be construed as gross income of over $75,000 per annum);

1510

JOURNAL OF THE HOUSE,

(12) Historical spending in the family for children which varies significantly from the percentage table;
(13) Considerations of the economic cost-of-living factors of the community of each party, as determined by the trier of fact;
(14) In-kind contribution of either parent; and (15) The income of the custodial parent. (d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child sup port award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and effect of law. The commission shall also submit a report to the House Judi ciary Committee and Senate Special Judiciary Committee during the 1991 regular ses sion of the General Assembly. This report shall provide information which will allow these committees to review the effectiveness of the guidelines and, if necessary, revise these guidelines, (e) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a sec ondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the
support is ordered. (f) The provisions of subsection (e) of this Code section shall be applicable only
to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances.',
and inserting in lieu thereof a new Code Section 19-6-15 to read as follows:
'19-6-15. (a) (1) The child support guideline amount as determined by this Code section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. The trier of fact may order payment of child support in an amount different from such guideline amount upon a written finding, or a specific finding on the record, explaining why ordering payment of such guideline amount would be unjust or inappropriate.
(2) The guidelines shall not: (A) Provide the basis for proving a substantial change in circumstances upon
which a modification of an existing order may be granted; or (B) Apply to parents with a combined net income in excess of $100,800.00 per
year, and such persons shall be subject to child support orders based upon indi vidual case by case review; (b) Income shall be determined for the obligor and for the obligee as follows: (1) Gross income shall include, but is not limited to, the following items:
(A) Salary or wages; (B) Bonuses, commissions, allowances, overtime, tips, and other similar pay ments; (C) Business income from sources such as self-employment, partnerships, close corporations, and independent contracts. "Business income" means gross receipts minus ordinary and necessary expenses required to produce income.

TUESDAY, MARCH 1, 1994

1511

(D) Disability benefits; (E) Workers' compensation; (F) Unemployment compensation; (G) Pension, retirement, or annuity payments; (H) Social security benefits; (I) Alimony or spousal support received from a previous marriage; (J) Interest and dividends. (K) Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income; (L) Income from royalties, trusts, or estates; (M) Reimbursed expenses or in kind payments to the extent that they reduce living expenses; and (N) Gains derived from dealings in property, unless the gain is nonrecurring. (2) Income shall be imputed to an unemployed or underemployed parent when such employment or underemployment is found to be voluntary on that parent's part, absent physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the par ent shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child; and (3) Aid to families with dependent children benefits shall be excluded from gross income. (c) Allowable deductions from gross income shall include: (1) Federal, state, and local income tax deductions, adjusted for actual filing sta tus and allowable dependents and income tax liabilities; (2) Federal insurance contributions or self- employment tax; (3) Mandatory union dues; (4) Mandatory retirement payments; (5) Health insurance payments; and (6) Court-ordered support for other children which is actually paid. (d) Net income for the obligor and net income for the obligee shall be computed by subtracting allowable deductions from gross income. (e) Net income for the obligor and net income for the obligee shall be added together for a combined net income. (f) The following schedules, plus or minus 5 percent, shall be applied to the com bined net income to determine the minimum child support need:

1512

JOURNAL OF THE HOUSE,

Combined

Monthly

Available

Child or Children

Income

One

Two

Three

Four

Five

Six

$ 500 550 600 650 700 750 800 850 900 950
1,000 1,050 1,100 1,150 1,200 1,250 1,300 1,350 1,400 1,450 1,500 1,550 1,600 1,650 1,700 1,750 1,800 1,850 1,900 1,950 2,000 2,050 2,100 2,150 2,200 2,250 2,300 2,350 2,400 2,450 2,500 2,550 2,600 2,650 2,700 2,750 2,800 2,850 2,900 2,950 3,000 3,050 3,100

48

48

49

49

50

50

93

94

95

96

97

98

138

139

141

142

144

145

154

185

187

189

191

193

166

230

233

235

238

240

177

274

279

282

285

288

188

292

325

328

332

335

199

309

371

375

379

383

210

327

409

421

426

430

221

344

430

468

473

478

231

359

450

507

520

525

241

375

469

529

567

573

251

390

489

551

600

620

261

406

508

573

624

668

271

421

528

595

648

693

281

437

547

617

671

718

291

452

566

638

695

744

301

468

586

660

719

769

311

483

605

682

742

794

321

499

625

705

767

821

332

516

645

728

792

847

342

532

666

751

817

874

353

548

686

773

842

901

363

564

706

796

867

927

374

580

726

819

892

954

384

596

746

842

917

980

395

612

767

865

942

1,007

405

629

787

887

967

1,034

416

645

807

910

992

1,060

426

661

827

933

1,017

1,087

437

677

847

956

1,042

1,113

447

693

868

979

1,067

1,140

457

709

887

1,000

1,091

1,166

467

724

906

1,021

1,114

1,191

476

739

924

1,042

1,136

1,215

485

754

943

1,063

1,159

1,240

495

768

961

1,084

1,182

1,264

504

783

980

1,105

1,205

1,288

514

798

999

1,126

1,228

1,313

523

813

1,017

1,146

1,251

1,337

532

828

1,036

1,167

1,274

1,362

542

843

1,054

1,188

1,296

1,386

551

857

1,073

1,209

1,319

1,411

561

872

1,091

1,230

1,342

1,435

570

887

1,110

1,251

1,365

1,460

579

902

1,128

1,272

1,388

1,484

589

917

1,147

1,292

1,411

1,509

598

931

1,159

1,313

1,433

1,532

607

945

1,176

1,332

1,453

1,554

616

958

1,193

1,351

1,474

1,576

624

972

1,209

1,370

1,495

1,598

633

985

1,226

1,389

1,515

1,621

642

999

1,243

1,408

1,536

1,643

3,150 3,200 3,250 3,300 3,350 3,400 3,450 3,500 3,550 3,600 3,650 3,700 3,750 3,800 3,850 3,900 3,950 4,000 4,050 4,100 4,150 4,200 4,250 4,300 4,350 4,400 4,450 4,500 4,550 4,600 4,650 4,700 4,750 4,800 4,850 4,900 4,950 5,000 5,050 5,100 5,150 5,200 5,250 5,300 5,350 5,400 5,450 5,500 5,550 5,600 5,650 5,700
5,750
5,800
5,850
5,900
5,950

TUESDAY, MARCH 1, 1994

651

1,012

659

1,026

668

1,039

677

1,052

686

1,066

694

1,079

703

1,093

712

1,106

721

1,120

729

1,133

738

1,147

747

1,160

757

1,173

764

1,187

772

1,198

778

1,208

785

1,217

791

1,227

798

1,237

804

1,246

810

1,256

817

1,265

823

1,275

830

1,285

836

1,294

842

1,304

849

1,313

855

1,323

860

1,331

865

1,339

870

1,347

874

1,356

879

1,364

884

1,372

889

1,380

894

1,388

899

1,396

904

1,405

908

1,413

913

1,421

918

1,429

923

1,436

926

1,442

930

1,447

934

1,453

938

1,459

942

1,465

946

1,471

950

1,477

954

1,483

958

1,489

962

1,495

965

1,501

969

1,507

973

1,513

977

1,519

981

1,525

1,260 1,276 1,293 1,310 1,327 1,343 1,360 1,377 1,394 1,410 1,427 1,444 1,461 1,477 1,498 1,510 1,522 1,534 1,546 1,559 1,571 1,583 1,595 1,607 1,619 1,632 1,644 1,656 1,666 1,677 1,687 1,697 1,708 1,718 1,728 1,738 1,749 1,759 1,769 1,780 1,790 1,798 1,806 1,814 1,821 1,829 1,836 1,844 1,851 1,859 1,866 1,874
1,881
1,889
1,897
1,904
1,912

1,427 1,446 1,465 1,484 1,503 1,521 1,540 1,559 1,578 1,597 1,616 1,635 1,654 1,673 1,690 1,704 1,717 1,731 1,744 1,758 1,772 1,785 1,799 1,813 1,826 1,840 1,854 1,867 1,879 1,890 1,901 1,912 1,923 1,934 1,945 1,956 1,967 1,979 1,990 2,001 2,012 2,021 2,030 2,038 2,047 2,056 2,064 2,073 2,081 2,090 2,098 2,107
2,115
2,124
2,132
2,141
2,150

1,557 1,578 1,598 1,619 1,640 1,660 1,681 1,702 1,722 1,743 1,764 1,785 1,805 1,826 1,844
1,859 1,874 1,889 1,904 1,919 1,934 1,949 1,964 1,979 1,994 2,009 2,024 2,039 2,051 2,063 2,075 2,087 2,100 2,112 2,124 2,136 2,148 2,161 2,173 2,185 2,197 2,208 2,217 2,226 2,236 2,245 2,254 2,263 2,273 2,282 2,291 2,300
2,310
2,319
2,328
2,337
2,347

1513
1,665 1,687 1,709 1,731 1,753 1,775 1,797 1,819 1,841 1,863 1,885 1,907 1,929 1,951 1,970 1,986 2,002 2,018 2,034 2,050 2,066 2,082 2,098 2,114 2,130 2,146 2,162 2,178 2,191 2,205 2,218 2,232 2,245 2,258 2,272 2,285 2,299 2,312 2,325 2,339 2,352 2,363 2,373 2,383 2,392 2,402 2,412 2,422 2,431 2,441 2,451 2,461 2,470
2,480 2,490
2,500
2,509

1514

JOURNAL OF THE HOUSE,

6,000 6,050 6,100 6,150 6,200 6,250 6,300 6,350 6,400 6,450 6,500 6,550 6,600 6,650 6,700 6,750 6,800 6,850 6,900 6,950 7,000 7,050 7,100 7,150 7,200 7,250 7,300 7,350 7,400 7,450 7,500 7,550 7,600 7,650 7,700 7,750 7,800 7,850 7,900 7,950 8,000 8,050 8,100 8,150 8,200 8,250 8,300 8,350 8,400

985 989 993 997 1,001 1,004 1,008 1,012 1,016 1,020 1,024 1,028 1,032 1,036 1,040 1,043 1,047 1,051 1,055 1,059 1,063 1,067 1,071 1,075 1,079 1,082 1,086 1,090 1,094 1,098 1,103 1,105 1,108 1,110 1,113 1,115 1,118 1,120 1,123 1,125 1,128 1,130 1,133 1,135 1,138 1,140 1,143 1,145 1,148

1,531 1,537 1,543 1,549 1,555 1,561 1,566 1,572 1,578 1,584 1,590 1,596 1,602 1,608 1,614 1,620 1,626 1,632 1,638 1,644 1,650 1,656 1,662 1,668 1,674 1,680 1,685 1,691 1,697 1,703 1,710 1,714 1,718 1,721 1,725 1,729 1,733 1,736 1,740 1,744 1,748 1,751 1,755 1,759 1,763 1,766 1,770 1,774 1,778

1,919 1,927 1,934 1,942 1,949 1,957 1,965 1,972 1,980 1,987 1,995 2,002 2,010 2,017 2,025 2,032 2,040 2,048 2,055 2,063 2,070 2,078 2,085 2,093 2,100 2,108 2,116 2,123 2,131 2,138 2,145 2,150 2,155 2,159 2,164 2,169 2,174 2,178 2,183 2,188 2,193 2,197 2,202 2,207 2,212 2,216 2,221 2,226 2,231

2,158 2,167 2,178 2,184 2,192 2,201 2,209 2,218 2,227 2,235 2,244 2,252 2,261 2,269 2,278 2,286 2,295 2,303 2,312 2,321 2,329 2,338 2,346 2,355 2,363 2,372 2,380 2,389 2,398 2,406 2,415 2,421 2,426 2,432 2,437 2,443 2,448 2,454 2,459 2,465 2,470 2,476 2,481 2,487 2,492 2,498 2,503 2,509 2,514

2,356 2,365 2,374 2,384 2,393 2,402 2,411 2,421 2,430 2,439 2,448 2,458 2,467 2,476 2,485 2,495 2,504 2,513 2,522 2,532 2,541 2,550 2,559 2,569 2,578 2,587 2,596 2,606 2,615 2,624 2,633 2,639 2,645 2,651 2,657 2,663 2,669 2,675 2,681 2,687 2,693 2,699 2,705 2,711 2,717 2,723 2,729 2,735 2,741

2,519 2,529 2,539 2,548 2,558 2,568 2,578 2,587 2,597 2,607 2,617 2,626 2,636 2,646 2,656 2,665 2,675 2,685 2,695 2,704 2,714 2,724 2,734 2,743 2,753 2,763 2,773 2,782 2,792 2,802 2,813 2,819 2,825 2,831 2,838 2,844 2,850 2,856 2,863 2,869 2,875 2,881 2,888 2,894 2,900 2,906 2,913 2,919 2,925

For combined monthly available income less than the amount set out on the above schedules, the parent should be ordered to pay a child support amount, determined on a case by case basis, to establish the principle of payment and lay the basis for increased orders should the parent's income increase in the future.
(g) Child care costs incurred on behalf of the children due to employment or job search of either parent shall be added to the basic obligation. Child care costs shall not exceed the level required to provide quality care from a licensed source for the children.

TUESDAY, MARCH 1, 1994

1515

(h) Each parent's percentage share of the child support need shall be determined by dividing each parent's net income by the combined net income.
(i) Each parent's actual dollar share of the child support need shall be determined by multiplying the minimum child support need by each parent's percentage share.
(j) The court may adjust the minimum child support award, or either or both parent's share of the minimum child support award, based upon the following consid erations:
(1) Extraordinary medical, psychological, educational, or dental expenses; (2) Independent income of the child; (3) The payment of both child support and alimony or spousal support to the obligee or the payment of support for a parent which regularly has been paid and for which there is a demonstrated need. (4) Seasonal variations in one or both parents' incomes or expenses; (5) The age of the child, taking into account the greater needs of older children; (6) Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines; (7) The particular shared parental arrangement, such as where the secondary residential parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the primary residential parent, or the refusal of the secondary residential parent to become involved in the activities of the child, or giving due consideration to the primary residential parent's homemaking services; (8) Total available assets of the obligee, obligor, and the child; and (9) Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt. Such expense or debt may include, but is not limited to, a reasonable and nec essary expense or debt which the parties jointly incurred during the marriage,
(k) If the recurring income is not sufficient to meet the needs of the child, the court may order child support to be paid from nonrecurring income or assets.
(1) Every petition for child support or for modification of child support shall be accompanied by an affidavit which shows the party's income, allowable deductions, and net income computed in accordance with this Code section. The affidavit shall be served at the same time that the petition is served. The respondent shall make an affidavit which shows the party's income, allowable deductions, and net income com puted in accordance with this Code section. The respondent shall include his or her affidavit with the answer to the petition.
(m) For purposes of establishing an obligation for support in accordance with this section, if a person who is receiving public assistance is found to be noncooperative, the IV-D agency is authorized to submit to the court an affidavit attesting to the income of the custodial parent based upon information available to the IV-D agency.
(n) The General Assembly shall review the guidelines established in this Code sec tion at least every four years, beginning in 1998.
(o) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the trier of fact, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a sec ondary school, and who has attained the age of majority before completing his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered.
(p) The provisions of subsection (e) of this Code section shall be applicable only to a temporary order or final decree for divorce, separate maintenance, legitimation, or paternity entered on or after July 1, 1992, and the same shall be applicable to an

1516

JOURNAL OF THE HOUSE,

action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances."
Section 2. Said title is further amended by striking Code Section 19-7-2, relating to parents' obligations to children, and inserting in lieu thereof a new Code Section 19-7-2 to read as follows:
'19-7-2. It is the joint and several duty of each parent to provide for the mainte nance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as oth erwise authorized and ordered pursuant to subsection (e) (o) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order.'
Section 3. This Act shall apply to any action for child support or for modification of child support which is filed on or after July 1, 1994.
Section 4. 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:

Y Ashe Y Atkins
Y Bailey N Baker Y Bannister N Barfoot Y Bargeron Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks. T
Brown Y Buck N Buckner
N Bunn Y Burkhalter N Byrd Y Campbell
Y Canty N Carlisle Y Carrell Y Carter N Cauthorn
N Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell N Connell NCox Y Crawford Y Crews
Y Culbreth Y Cummings N Davis, G Y Davis, M N Dickinson Y Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans
Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden Y Goodwin
Y Greene N Groover
N Hammond Y Banner N Harris, B Y Harris, M
N Hart N Heard N Hegstrom Y Hembree N Henson Y Holland N Holmes

N Howard Hudson
N Hughes N Hugley Y Irvin N James N Jamieson N Jenkins N Johnson, D.H Y Johnson, E
Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane, D N Lane, R Y Lawrence Y Lawson Y Lee Y Lewis N Lord N Lucas Y Maddox Y Mann N Martin N McBee N McClinton N McKinney N Milam Y Mills

N Mobley, B
Y Mobley, J Y Moore N Mosley Y Mueller E Oliver N O'Neal N Orrock Y Padgett E Parham Y Parrish
Patten N Pelote
Perry
Y Pinholster N Poag N Polak N Porter N Poston N Powell
Purcell, A Y Purcell, B N Randall N Randolph YRay N Reaves N Reichert N Roberts Y Royal N Scoggins Y Shanahan N Sherrill Y Shipp N Simpson N Sinkfield N Skipper

Y Smith. C Y Smith, L
Y Smith, P N Smith, T Y Smith, V N Smith, W
Smyre YSnow Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson N Streat N Taylor Y Teague N Teper N Thomas Y Tillman
N Titus Y Towery
Y Trense E Turnquest
Twiggs Y Vaughan
Y Walker Y Wall Y Watson
Y Watts Y Westmoreland N White N Williams, B Y Williams, R
Y Yates Y Yeargin
Murphy, Spkr

On the adoption of the amendment, the ayes were 93, nays 75. The amendment was adopted.

Representative Mobley of the 69th moved that the House reconsider its action in fail ing to adopt the second Mobley amendment.

The motion was withdrawn.

TUESDAY, MARCH 1, 1994

1517

On the adoption of the Committee substitute, as amended, 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 Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breediove N Brooks, D Y Brooks, T
Brown Y Buck N Buckner
N Bunn
Y Burkhalter
Y Byrd
Y Campbell Y Canty N Carlisle
Y Carrell Y Carter
N Cauthorn Y Chambless
Y Chandler
N Channell
Y Childers Y Clark N Coker
Y Coleman, B Y Coleman, T

Y Colwell
Y Connell NCox N Crawford
N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Dickinson
YDix Y Dixon, H Y Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Felton N Floyd, J.M Y Floyd, J.W
Y Godbee
N Golden
N Goodwin
N Greene Y Groover N Hammond Y Hanner N Harris, B N Harris, M
N Hart N Heard
N Hegstrom
Y Hembree N Henson
Y Holland N Holmes

Y Howard
N Hudson Y Hughes N Hugley Y Irvin N James N Jamieson N Jenkins N Johnson, D.H Y Johnson, E N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon N Klein Y Ladd Y Lakly
N Lane, D
Y Lane, K Y Lawrence Y Lawson
YLee Y Lewis
Y Lord Lucas
Y Maddox
YMann N Martin
N McBee
N McClinton
N McKinney
Y Milam Y Mills

Y Moblev. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver N O'Neal N Orrock Y Padgett E Parham N Parrish
Patten Y Pelote N Perry
Y Pinholster
N Poag N Polak
N Porter
N Poston Y Powell
Purcell, A Y Purcell, B Y Randall N Randolph
N Ray N Reaves N Reichert Y Roberts Y Royal
N Scoggins
Y Shanahan N Sherrill
Y Shipp N Simpson N Sinkfield Y Skipper

N Smith, C N Smith, L Y Smith, P Y Smith, T Y Smith, V N Smith, W
Smyre Y Snow Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
Y Streat N Taylor N Teague N Teper
N Thomas N Tillman N Titus
Y Towery
Y Trense
E Turnquest
Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
Y Westmorland
Y White N Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the adoption of the Committee substitute, as amended, the ayes were 91, nays 79. The Committee substitute, as amended, was adopted.

Representative Stanley of the 50th moved that the House reconsider its action in adopting the Committee substitute, as amended.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Atkins
N Bailey Y Baker
Y Bannister
N Barfoot
N Bargeron N Barnes Y Bates N Benefield N Birdsong Y Bordeaux Y Bostick N Breediove N Brooks, D N Brooks, T
Brown N Buck
Y Buckner
Y Bunn
N Burkhalter
N Byrd
N Campbell
N 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 YCox Y Crawford
Y Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M Y Dickinson
N Dix N Dixon, H

N Dixon, S N Dobbs N Ehrhart YEpps N Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee Y Golden Y Goodwin
Y Greene N Groover
Y Hammond N Hanner
Y Harris, B Y Harris, M Y Hart N Heard
Y Hegstrom
N Hembree
Y Henson N Holland Y Holmes

Howard Y Hudson N Hughes
Y Hugley
N Irvin N James Y Jamieson Y Jenkins Y Johnson, D.H N Johnson, E N Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce
NKaye
N Kinnamon
Y Klein
N Ladd N Lakly N Lane, L> N Lane, K N Lawrence N Lawson

NLee N Lewis NLord
Lucas N Maddox
N Mann
Y Martin Y McBee
Y McClinton Y McKinney N Milam N Mills N Mobley, B N Mobley, J N Moore N Mosley N Mueller
E Oliver N O'Neal
Y Orrock
N Padgett
E Parham
N Parrish Patten

1518

JOURNAL OF THE HOUSE,

N Pelote
Y Perry
N Pinholster Y Poag Y Polak Y Porter
Y Poston N Powell
Purcell. A N Purcell, B N Randall N Randolph

N Ray Y Reaves Y Reichert
N Roberts N Royal
Y Scoggins N Shanahan
Y Sherrill
N Shipp
Y Simpson Y Sinkfield
N Skipper

Y Smith, C Y Smith, L N Smith, P N Smith, T N Smith, V Y Smith, W
Smyre N Snow N Stancil, F
N Stancil, S
Y Stanley, L
Y Stanley, P

On the motion, the ayes were 67, nays 102. The motion was lost.

Y Stephenson N Streat Y Taylor Y Teague Y Teper
Y Thomas
N Tillman
N Titus
N Towery N Trense E Turnquest
Twiggs

N Vaughan N Walker N Wall
N Watson
N Watts
N Westmorland N White Y Williams, B N Williams, R Y Yates N Yeargin
Murphy, Spkr

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

N Ashe Y Atkins Y Bailey N Baker
Y Bannister
Y Barfoot
Y Bargeron
Y Barnes N Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove
N Brooks, U
Y Brooks, T
Brown
Y Buck
N Buckner
N Bunn Y Burkhalter Y Byrd Y Campbell Y Canty N 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
NCox N Crawford 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 Ehrhart Y 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 Manner
Y Harris, B
Y Harris, M N Hart Y Heard N Hegstrom Y Herabree N Henson Y Holland N Holmes

Y Howard Y Hudson Y Hughes N Hugley
Y Irvin Y James N Jamieson
Y Jenkins
N Johnson, D.H Y Johnson, E N Johnson, G Y Johnson, J
Y Johnston
Y Jones
Y Joyce Y Kaye Y Kinnamon
N Klein YLadd Y Lakly N Lane, D Y Lane, R Y Lawrence Y Lawson YLee Y Lewis YLord Y Lucas
Y Maddox
YMann
N Martin
N McBee
N McClinton
Y McKinney
Y Milam
Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver
Y O'Neal
N Orrock Y Padgett
E Parham
Y Parrish Patten
N Pelote N Perry Y Pinholster
YPoag
N Polak
N Porter
N Poston
Y Powell
Purcell, A
Y Purcell, B Y Randall
N Randolph YRay Y Reaves
N Reichert Y Roberts Y Royal N Scoggins Y Shanahan N Sherrill Y Shipp N Simpson N Sinkfield Y Skipper

Y Smith, C Y Smith, L
Y Smith, P
Y Smith, T
Y Smith, V
N Smith, W N Smyre Y Snow Y Stancil, F Y Stancil, S N Stanley, L
N Stanley, P
N Stephenson
Y Streat N Taylor N Teague N Teper N Thomas Y Tillman N Titus Y Towery Y Trense E Turnquest
Twiggs Y Vaughan Y Walker
Y Wall
Y Watson Y Watts Y Westmorland Y White N Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 120, nays 51.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 642 was ordered immediately transmitted to the Senate.

By unanimous consent, each member will be limited to twenty minutes debate per Bill.

TUESDAY, MARCH 1, 1994

1519

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 986. By Representatives Walker of the 141st, Murphy of the 18th, Groover of the 125th, Watts of the 26th, Lee of the 94th and others:
A resolution urging the Museum of Aviation Foundation, Inc., to designate a building at the Museum of Aviation in honor of Honorable Roy H. (Sonny) Watson, Jr.

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 Benef'ield 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
Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, 'I'

Y Colwell Connell
YCox Y Crawford
Y Crews Y Culbreth Y Cummingb
Y Davis, G Y Davis, M Y Dickinson
YDix Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Y Felton Floyd, J.M
Y Floyd, J.W
Y Godbee Y Golden Y Goodwin
Greene Groover Y Hammond
Manner Y Harris, B Y Harris, M Y Hart Y Heard
Hegstrom Y Hembree Y Henson Y Holland
Y Holmes

Y Howard
Hudson Y Hughes Y Hugley Y Irvin Y James
Jamieson 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
Lawson YLee Y Lewis YLord Y Lucas Y Maddox YMann
Martin
Y McBee Y McClinton Y McKinney Y Milam
Y Mills

Y Moblcy, B Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak
Porter
Poston Y Powell
Purcell, A Y Purcell, B
Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal Y Scoggins Y Shanahan Y Sherrill Y Shipp
Simpson Sinkfield Y Skipper

Y Smith, C Smith, L
Y Smith, P Y Smith, T
Smith, V Y Smith, W Y Smyre Y Snow
Y Stancil, F Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman
Titus Towery
Y Trense E Turnquest Y Twiggs Y Vaughan Y Walker Y Wall
Watson Watts Y Westmoreland Y White Williams, B Y Williams, R Yates Y Yeargin Murphy, Spkr

On the adoption of the Resolution, the ayes were 142, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

I was in Appropriation meeting in conference room and would like to vote yes on HR 986.
/s/ Charlie Watts

1520

JOURNAL OF THE HOUSE,

HB 1229. By Representatives Harris of the 17th, Smith of the 174th, Pinholster of the 15th, Stancil of the 16th and Trense of the 44th:
A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles shall as a condi tion of parole order certain sex offenders to provide notice and information to certain persons and officials in the community where the offenders will reside upon release on parole.

The following Committee substitute was read:

A BILL
To amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Anno tated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles shall adopt rules providing that as a condition of parole certain sex offenders shall be ordered to provide notice and information to certain officials in the community where the offenders will reside upon release on parole and to provide notice in the official organ of the county; to provide that the failure to provide such information shall be a violation of the conditions of parole; to define a certain term; to provide for the manner of notice; to require a sex offender who has been paroled to provide information to certain officials in any community to which the sex offender relocates; to make it unlawful for a person to fail to comply with the provisions of this Act or to provide false information; to provide a penalty; to require the sheriff to maintain a register of the names and addresses of sex offenders; to provide for public inspection of such register; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Anno tated, relating to grants of pardons, paroles, and other relief, is amended by adding between Code Sections 42-9-44 and 42-9-45 a new Code Section 42-9-44.1 to read as fol lows:
"42-9-44.1. (a) As used in this Code section, the term 'sexual offense' means a viola tion of Code Section 16-6-1, 16-6-2, 16-6-5.1, 16-6-22, or 16-6-22.2 when the victim was under 18 years of age at the time of the commission of the offense or a violation of Code Section 16-6-3, 16-6-4, or 16-6-5 when the victim was under 14 years of age at the time of the commission of the offense.
(b) (1) The board shall adopt rules providing that with respect to any person who has been convicted of a sexual offense, as a condition of parole, the offender shall be ordered to give notice of his or her name and address, the crime for which he or she was convicted, and the date of parole to:
(A) The superintendent of the public school district where the offender will reside, who shall in turn notify the principal of each public school within the school district of the offender's name, address, and the crime for which he or she was con victed and paroled; and
(B) The sheriff of the county wherein the offender will reside. (2) The offender shall provide the notice and information required in paragraph (1) of this subsection within 30 days of the release on parole or within 30 days of set ting up residency in the locale where the offender plans to have his or her domicile. (c) Any sex offender who has been paroled and who moves his or her legal residence from one county within this state to another county within this state shall be required to provide the information and notice required in subsection (b) of this Code section with respect to his or her new residence within 30 days after moving during the period of his or her parole. (d) Any person who fails to comply with the requirements of this Code section or who provides false information shall, in the case of a person on parole, be in violation of such person's conditions of parole and shall be guilty of a misdemeanor.

TUESDAY, MARCH 1, 1994

1521

(e) It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders providing information to the sher iff under this Code section. Such register shall be open to public inspection."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cox of the 160th moves to amend the Committee substitute to HB 1229 as follows:
Page 2, lines 18 - 22.
Strike language beginning on line 18 with "who shall in turn notify the principal" through the word "paroled" on line 22.

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
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
Y Byrd 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 Y Davis, G Y Davis, M Y Dickinson YDix
Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans Y Felton
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 Y Hart Y Heard
Hegstrom
Y Hembree Y Henson
Y Holland Holmes

Y Howard Y Hudson
Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane, D
Y Lane, H Y Lawrence
Lawson Lee Y Lewis Y Lord Y Lucas Y Maddox Y Mann Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills

Y Mobley. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Orrock
Y Padgett E Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter
Poston Y Powell
Purcell, A Y Purcell, B
Randall
Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Royal E Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield
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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas
Y Tillman N Titus Y Towery Y Trense
E 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, as amended, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

1522

JOURNAL OF THE HOUSE,

HB 1596. By Representative Barnes of the 33rd:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of certain terms relating to utility contracting; to change certain provisions regarding the bidding of utility contracting work.

The following Committee substitute was read:

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of certain terms relating to utility contracting; to change the provisions relating to grounds for refusing to grant a license or certificate or for suspension, revocation, or cancellation of licenses or certificates; to change the provisions relating to the right to engage in the business of utility contracting; to repeal certain provisions relating to required financial statements and regarding the bid ding of utility contracting work, contract bids, and bid limits; to change the provisions relating to utility managers and utility manager certificates and examinations; to change an exemption relating to utility contracting work; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraphs (13) and (17) of Code Section 43-14-2, relating to definitions, in their entirety and inserting in lieu thereof new para graphs (13) and (17) to read as follows:
"(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system in which the cost of the completed structures er improvements utility system work exceeds $100,000.00 $200,000.00."
"(17) 'Utility system' means any system at least five feet underground2 when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, sanitary sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations2 when the system distributes or collects a service, product, or commodity for which a fee or price js paid for said service, product, or commodity or for the disposal of said service, product, or commodity."
Section 2. Said chapter is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 43-14-6, relating to powers and duties of divisions, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) After notice and hearing, have the power to reprimand any person, licensee, or certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse to grant, renew, or restore a license or certificate to any person, licensee, or certificate holder upon any one of the following grounds:
(A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board;
(B) Failure at any time to comply with the requirements for a license or certificate under this chapter or the rules and regulations of the board;

TUESDAY, MARCH 1, 1994

1523

(C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to prac tice any profession licensed or nonccrtificd certified under this chapter;
(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public;
(E) Knowingly performing any act which in any way assists an unlicensed or noncertified person to practice such profession;
(F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board;
(G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked;
(H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; or
(I) With respect to utility contractors, violations of Chapter 9 of Title 25; or 4J)--Any sanction issued in connection with Occupational Safety and Health Administration (OSHA) safety standards;".
Section 3. Said chapter is further amended by striking Code Section 43-14-8.2, relat ing to the bidding of utility contracting work, in its entirety and inserting in lieu thereof a new Code Section 43-14-8.2 to read as follows:
"43-14-8.2. (a) For purposes of this Code section only, 'division' means the 'Division of Utility Contractors.'
(b) After December 3i; 1003 June 30, 1994, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corpora tion has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees of that office.
(c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued a utility contractor license under the provisions of this subsection shall:
(1) Submit a completed application to the division on the form provided indicat ing:
{B} (A) The names and addresses of proprietor, partners, or officers of such applicant;
{} (B) The place and date such partnership was formed or such corporation was incorporated; and
{B} (C) The name of the qualifying utility manager holding a current certificate who is employed for each permanent office location of the business from which util ity contracting is performed; (2) Submit its safety policy which must meet the minimum standards established by the board; {3}--File a financial statement containing information as prescribed fey the division; {4)--Submit additional information as the division at its discretion may require;

1524

JOURNAL OF THE HOUSE,

{6} (3) Pay or have paid the required fees; and {6} (4) Not be otherwise in violation of this chapter. (d) The decision of the division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. (e) It shall be the duty of the utility manager certificate holders and the licensed utility contractor to notify the division, in accordance with board rules, of severance of connection between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of the utility contractor rested. (f) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contracting work, upon notice by such utility contractor to the division within five days following the last day of employment of the utility manager certificate holder, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder to oversee its utility contracting work before any action may be taken by the division to revoke the utility contractor's license. The division may, at its discretion, upon appli cation by the utility contractor showing good cause grant one additional 90 day grace period. Grace periods totaling not more than 180 days may be granted during any twoyear period. Failure to have employed a utility manager certificate holder to oversee the utility contracting work of the utility contractor shall be grounds for the revocation or suspension of the utility contractor license after a notice of hearing. (g) All applicants for renewal of utility contractor licenses provided for by this Code section shall be required to submit with the required fee a completed application on a form provided by the division. This application shaH include a financial statement eentaining information prescribed by the division, the name and certificate number ef- the
may require. {h)--Financial statements required by this Code section shall contain information as

tiic DoftPCI or division unless tiiepe is ft proDlem of controversy ftFising puPSliftft* to trie provisions ef this Code section involving such financial statements. Such financial state ments shall be confidential information and shall et be available for inspection fey een-
&tipuifltc til6 m&ximum limits OR wnicii tfist licensee is permitted to Did of perform m a single contract.
licensee m&y suDmit. i ne Did limit snflll oe Dftsect on trie ftpplicftnt s ifttest iinftnci&l stfltement. i ne utility contfftctOP license sriftii limit single contpflct Diets Dftscd on tne

Rifj Tjimif

A

Net te exceed $600,000.00

B

Net te exceed $t million



Unlimited

Minimum N
$ 60,000.00 100,000.00 200,000.00

the applicant, the division may consider the following: \ L) i ne present mQpicet vfliue IR lieu of DOOR vfliue of listed Eissets wtien properly
supported with substantiating evidence; a4 \&)--ft com Dined statement of tne spplicsnt tiifit includes otner wnoiiy owned OP
substantially owned interests.
license snftii mctKe ctppiiccttion lor revision of tn&t license on tne prescn Ded lopm IUP* nisned Dy tne division. A ne ftppiicfttion sn&H oe supported oy ft current tinsncisi stftteTM mcnt as prescribed fey th board. Under ne circumstances shall a utility contractor be

a utility contractor if th licensee e longer qualifies for the original classification.

TUESDAY, MARCH 1, 1994

1525

<fc) (h) After December 34; 4993 June 30, 1994, it shall be unlawful for any contract ing body to open or consider any bid for utility contracting unless the bidder has obtained the license required by this Code section or intends to have the utility con tracting work performed by another person who has obtained such license. ad evidcnced by the The utility contractor license number of the person who will perform the utility work shall be written on the face of the bid envelope, unless otherwise provided. If 50 percent or more of any multifaceted project being bid is utility work, the bidder must have obtained a utility license and his or her number must be written on the face of the bid."
Section 4. Said chapter is further amended by adding at the end of Code Section 43-14-8.3, relating to utility managers and utility manager certificates, a new subsection (c) to read as follows:
"(c) In lieu of the written examination as required in subsection (b) of this Code sec tion, an applicant may request an oral or practical examination to demonstrate his or her qualifications."
Section 5. Said chapter is further amended by striking subsection (1) of Code Section 43-14-13, relating to the exemption for utility contractor licensing on work performed for the Department of Transportation, in its entirety and inserting in lieu thereof a new sub section (1) to read as follows:
"(1) Any person qualified by the Department of Transportation to perform work atttity contracting for the department shall not be required to be licensed under Code Sec tion 43-14-8.2 or certified under Code Section Sections 43-14-8.3 and 43-14-8.4 in order to perform work utility contracting for the department. Any person qualified by the Department of Transportation to perform work for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Sections 43-14-8.3 and 43-14-8.4 in order to perform work for a county, municipality, authority, or other political subdivision when such work is of the same nature as that for which the person is qualified when performing department work; provided, however, that such work is not performed on a utility system as defined in paragraph (17) of Code Section 43-14-2 for which the person receives compensation."
Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representatives Watts of the 26th and Watson of the 139th moves to amend the Com mittee substitute to HB 1596 by striking in their entirety lines 10 through 13 on page 9, which read as follows:
'"(c) In lieu of the written examination as required in subsection (b) of this Code section, an applicant may request an oral or practical examination to demonstrate his or her qualifications.'",
and inserting in lieu thereof the following:
'"(c) An applicant may request an oral administration of the examination.'"

Representatives Westmoreland of the 104th, Johnson of the 153rd, Watson of the 139th and Burkhalter of the 41st move to amend the Committee substitute to HB 1596 as follows:
Delete $200,000.00 on line 6 page 2 and insert $100,000.00 in its place.

The Committee substitute, as amended, was adopted.

1526

JOURNAL OF THE HOUSE,

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
Birdsonfj Y Bordeaux Y Bostick Y Breedlove
Y Brooks. L> Y Brooks. T
Brown
Y Buck Y Buckner
Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chamhless 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
N Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover 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 Irvin
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, H Y Lawrence
Lawson YLee Y Lewis Y Lord
Lucas Y Maddox Y Mann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley. B
Y Mobley, J N Moore Y Mosley N Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson
Sinkfield
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, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense E Turnquest Y Twiggs Y Vaughan N 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 154, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HR 712. By Representative Cauthorn of the 35th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to enact general legislation providing for, as pilot projects of limited duration, nonuniform jurisdiction, powers, rules of prac tice and procedure, and selection, qualifications, terms, and discipline of judges within a class of courts.

The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to enact general legislation providing for, as pilot projects of limited duration, nonuniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges within classes of courts; to provide for a two-thirds' majority in each house to enact such legislation; to provide that such legislation shall name the judi cial circuit, political subdivision, and existing courts affected and may grant certain equita ble powers to such pilot program court but shall not deny equal protection of the laws to

TUESDAY, MARCH 1, 1994

1527

any person; to provide for general law setting out a procedure for submission of such pro posed legislation to the Judicial Council of Georgia; to provide for related matters; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VI, Section I of the Constitution is amended by inserting a new Paragraph, to be designated Paragraph X, to read as follows:
"Paragraph X. Authorization for pilot projects. The General Assembly may by general law approved by a two-thirds' majority of the members of each house enact leg islation providing for, as pilot programs of limited duration, courts which are not uni form within their classes in jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges and other matters relative thereto. Such legislation shall name the political subdivision, judicial circuit, and exist ing courts affected and may, in addition to any other power, grant to such court created as a pilot program the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction. The General Assembly shall provide by general law for a procedure for submitting proposed legislation relating to such pilot programs to the Judicial Council of Georgia or its successor. Legislation enacted pursu ant to this Paragraph shall not deny equal protection of the laws to any person in viola tion of Article I, Section I, Paragraph II of this Constitution."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assem bly, upon a two-thirds' majority vote of each house, to enact general legislation naming the political subdivision, judicial circuit, and existing courts affected and providing for, as pilot projects of limited duration, nonuniformity of jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges within classes of courts and granting certain equitable powers to such pilot program courts, as long as such legislation does not deny equal protection of the laws to any person?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The following amendment was read and withdrawn:

Representative Lawrence of the 64th moves to amend the Committee substitute to HR 712 as follows:
By deleting the word "selection" from line 5, page 1; line 27, page 1 and line 29, page 2.

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend the Committee substitute to HR 712 as follows:
Add after "judges" on page 2 line 1 "for such pilot courts".

1528

JOURNAL OF THE HOUSE,

The following amendment was read and lost:
Representative Klein of the 39th moves to amend the Committee substitute to HR 712 as follows:
P. 1, L. 25 after the word "duration" insert: "not to exceed 5 years,".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey
Baker N Bannister Y Barfoot Y Bargeron Y Barnes
Y Bates Y Benetield
Y Birdsong Y Bordeaux Y Bostick N Breedlnve Y Brooks. D Y Brooks. T Y Brown YBuck Y Buckner
Y Bunn N Burkhaltei Y Byrd 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 Y Davis, G Y Davis, M Y Dickinson Y Dix
Y Dixon, H Y Dixon, S Y Dobbs 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 Y Hart Y Heard Y Hegstrom Y Hembree
Henson
Y Holland Y' Holmes

Y Howard Y Hudson Y Hughes
Y Hugley Y Irvin
Y James Y Jamieson
Y Jenkins 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 Y Lakly Y Lane, D Y Lane, K Y Lawrence Y Lawson
YLee Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills

Y Mobley. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph Ray Y Reaves Y Reichert
Y Roberts Y Royal E Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield 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
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
E Turnquest N Twiggs Y Vaughan
Walker N Wall Y Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R N Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, by substitute, as amended, the ayes were 156, nays 9.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.

HR 937. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th and others:
A resolution creating the GA 96 AG Joint Steering Committee.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

TUESDAY, MARCH 1, 1994

1529

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
Brooks. U Y Brooks. T Y Brown Y Buck Y Buckner
Bunn Y' Burkhalter Y Byrd Y Campbell Y Canty Y Carlisle Y Carrell Y Carter
Y Cauthorn Y Chamblesb Y Chandler Y Channell Y Childers Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Y Connell YCox
Y Crawlord Y Crews Y Culbreth Y Cummingb Y Davis, G Y Davis, M
Dickinson
YDix Y 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
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 Irvin 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, K Y Lawrence Y Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp Y Simpson Y Sinkfield 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, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense E 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 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 1866.

By Representatives Reaves of the 178th, Purcell of the 147th, Royal of the 164th, Hudson of the 156th, Ray of the 128th and others:
A bill to amend Code Section 2-8-27 of the Official Code of Georgia Anno tated, relating to assessments to defray expenses of agricultural commodities promotion, so as to provide that assessments collected shall be used for pro motion, research, education, and administrative purposes.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 2-8-27 of the Official Code of Georgia Annotated, relating to assessments to defray expenses of agricultural commodities promotion, so as to provide for an assessment for administrative support; to provide for financial reporting; 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 2-8-27 of the Official Code of Georgia Annotated, relating to assessments to defray expenses of agricultural commodities promotion, is amended by striking subsection (a) in its entirety and inserting in its place the following:
"(a) For the purpose of providing funds to defray the necessary expenses incurred by the Commissioner or the commission in the formulation, issuance, administration,

1530

JOURNAL OF THE HOUSE,

and enforcement of each marketing order issued under this article, each such marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall indicate the maximum rate of any such assessment which may be collected and the proportion, if any, payable by each pro ducer and handler directly regulated or affected by such marketing order. An annual financial report of the assessments collected shall be compiled and made available to the producers and handlers. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds; provided, however, that if the commission requires administrative support from the Commissioner, the commission may allocate no more than 2 percent of the assessment to the Commissioner for such administrative support. If the commission finds that each such budget and assessment rate are proper and equi table and will provide sufficient moneys to defray the necessary expenses, it may approve such budget and rate of assessment and order that each producer and handler so assessed shall pay to the Commissioner or the commission, at such times and in such installments as the commission may prescribe, an assessment, based upon the units in which such agricultural commodity is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (1) in the case of producers will not exceed 2 Vi percent of the gross dollar volume of sales of the commodity affected by all such producers regulated by such marketing order, or (2) in the case of processors, distributors, or other handlers will not exceed 2 Vz percent of the gross dollar volume of purchases of the commodity affected by the marketing order from producers or of the gross dollar volume of sales of the commodity affected by the marketing order and handled by all such processors, distributors, or other han dlers regulated by such marketing order during the marketing season or seasons during which such marketing order is effective."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnes Y Bates Y Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove
Brooks, L> 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 Cauthurn
Y Chamblesh Y Chandler Y Channell

Y Childers Y Clark Y Coker
Y Coleman, B Y Coleman, T Y Colwell
Connell YCox
Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H
Y Dixon, S Dobbs
Y 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
Howard Y Hudson
Y Hughes Y Hugley Y Irvin 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
Lucas Y Maddox YMann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller
E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster YPoag

Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
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 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, K Y Stancil, S
Stanley, L

TUESDAY, MARCH 1, 1994

1531

Stanley, P
Y Stephenson Streat
Y Taylor Y Teague

Y Teper
Y Thomas Y Tillman Y Titus Y Towery

Y Trense
E 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 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1838.

By Representatives Towery of the 30th, Ehrhart of the 36th, Shipp of the 38th and Culbreth of the 132nd:
A bill to amend Chapter 2 of Title 33 of the Official Code of Georgia Anno tated, relating to the Department and Commissioner of Insurance, so as to revise provisions relative to the authority of the Commissioner of Insurance to examine insurers, rating organizations, and other persons and entities; to provide for financial condition examinations, market conduct examinations, and rating examinations.

The following Committee substitute, was read and withdrawn:

A BILL
To amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to revise provisions relative to the authority of the Commissioner of Insurance to examine insurance agents and other persons and entities; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, is amended by striking Code Section 33-2-12, relating to the examination of insurance agents and others, and inserting in lieu thereof a new Code Section 33-2-12 to read as follows:
"33-2-12. Far the purpose ef ascertaining their compliance with this title, when he deems it necessary m the public interest, Whenever the Commissioner has substantial evidence that any of the following persons has engaged in, is engaging in^ or is about to engage in any act, practice, or transaction which is prohibited by this title, the Com missioner may examine the affairs, accounts, records, documents, and transactions of:
(1) Any insurance agent, subagent, broker, counselor, adjuster, or any other person licensed under this title;
(2) Any person having a contract under which he enjoys in fact the exclusive or dominant right to control an insurer;
(3) Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of control of its management either as voting trustee or otherwise;
(4) Any person engaged in the promotion or formation of a domestic insurer, or insurance holding corporation, or corporation to finance a domestic insurer or the pro duction of its business;
(5) Any other person transacting the business of insurance, whether authorized or unauthorized;
(6) Any person or affiliate of such person who proposes or makes application to acquire any domestic insurer or any affiliate of a domestic insurer; and
(7) Any person seeking to acquire any other person subject to the jurisdiction of the Commissioner pursuant to this title."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

1532

JOURNAL OF THE HOUSE,

The following substitute, offered by Representative Towery of the 30th was read and adopted:
A BILL
To amend Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, so as to revise provisions relative to the authority of the Commissioner of Insurance to examine insurance agents and other persons and entities; to provide a definition; to provide for editorial revision; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 33 of the Official Code of Georgia Annotated, relating to the Department and Commissioner of Insurance, is amended by striking Code Section 33-2-12, relating to the examination of insurance agents and others, and inserting in lieu thereof a new Code Section 33-2-12 to read as follows:
"33-2-12. For the purpose of ascertaining their compliance with this title, when he the Commissioner deems it necessary in the public interest, the Commissioner may examine the affairs, accounts, records, documents, and transactions of:
\i)--Any msufftttce &ent>, suDEt^ent/) oroKcr, counselor, sdjusier, or ftny other person liccnacd under this title;
{2} (1) Any person having a contract under which he enjoys in fact the exclusive or dominant right to control an insurer;
{&} (2) Any person holding the shares of capital stock or policyholder proxies of a domestic insurer for the purpose of control of its management either as voting trustee or otherwise;
{4} (3) Any person engaged in the promotion or formation of a domestic insurer, or insurance holding corporation, or corporation to finance a domestic insurer or the production of its business;
{6) (4) Any other person transacting the business of insurance, whether authorized or unauthorized;
{} (5) Any person or affiliate of such person who proposes or makes application to acquire any domestic insurer or any affiliate of a domestic insurer; and
H (6) Any person seeking to acquire any other person subject to the jurisdiction of the Commissioner pursuant to this title."
Section 2. Said chapter is further amended by adding immediately following Code Section 33-2-12, relating to the examination of insurance agents and others, a new Code Section 33-2-12.1 to read as follows:
"33-2-12.1. (a) As used in this Code section, the term 'probable cause' means direct evidence which points to the likelihood of a violation of this title.
(b) The Commissioner may examine the affairs, records, documents, and transactions of any insurance agent, subagent, surplus line broker, counselor, or adjuster when there exists probable cause that such person has engaged in, is engaged in, or is about to engage in any act, practice, or transaction which is prohibited by this title."
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 Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

TUESDAY, MARCH I, 1994

1533

Brooks, T Y Brown Y Buck Y Buckner Y Bunn Y Burkhaller Y Bvrd 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 Y Davis, G Y Davis, M Y Dickinson
Y Dix Y Dixon, H

Y Dixon. S Y Dobbs 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 Y Hart Y Heard Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson Y Hughes
Y Hugley Y Irvin
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 Y Maddox Y Mann
Y Martin Y McBee
Y McClinton McKinney
Y Milam
Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver

Y O'Neal Y Orrock
Y Padgett E Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pinholster Y Poag Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert N Roberts Y Royal E Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, L Y Smith, P

Smith, T Y Smith, V Y Smith, W
Y Smyre Snow
Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense E Turnquest
Twiggs Y Vaughan Y Walker Y Wall
Watson
Watts Y Westmoreland
Y White Williams, B
Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1861.

By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to provide that no county, municipal corporation, consolidated government, or other political subdivi sion of this state may regulate honeybee production or maintenance.

The following amendment was read and adopted:

Representatives Smith of the 169th, Streat of the 167th, Byrd of the 170th and Mosley of the 171st move to amend HB 1861 by inserting at the end of line 5 of page 1 after the word and symbol "maintenance;" 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 regarding the hunting of wildlife, so as to pro vide for conditions under which owners of beehives may kill bears;".
By inserting between lines 18 and 19 of page 1 the following:
"Section 2. Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Geor gia Annotated, relating to general provisions regarding the hunting of wildlife, is amended by striking Code Section 27-3-21, relating to killing of bears by property own ers, which reads as follows:
'27-3-21. Any property owner or his or her agent shall have the right to petition the department to remove any bear which shall constitute a clear and immediate threat to his or her property. The property owner shall petition the department for

1534

JOURNAL OF THE HOUSE,

such removal on a form containing such information as may be necessary for the proper evaluation and consideration 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 petition.',
and inserting in its place a new Code Section 27-3-21 to read as follows:
'27-3-21. The owner of a beehive or such owner's agent shall have the right to kill any bear which shall constitute a clear and immediate threat to such owner's property, provided that prior written permission to kill such bear has been obtained by the owner of the beehive from the landowner, and the beehive owner has equipped the beehive with either a three-strand fully operative electric fence on posts at least four feet above the ground or other protective device, when such other protective device has been approved by the department; provided, further, that no such owner or agent shall have the right to destroy any bear unless it shall be killed within the immediate vicinity of the threatened property or unless the bear shall have been tracked by dogs directly from the damaged property to the point of kill; provided, further, that the nearest office of department personnel charged with the administration and enforce ment of this title shall have been first given at least one hour's prior notice by the owner of the beehive or his or her agent before tracking shall commence.'"
By redesignating Section 2 as Section 3.

The following amendment was read and withdrawn:

Representative Teper of the 61st moves to amend HB 1861 as follows: Page 1 line 18 add, after the word "hives": "except for zoning" and Page 1 line 5 add, after the semicolon: "to provide for exceptions;".

The following amendment was read and adopted:

Representative Groover of the 125th moves to amend HB 1861 as follows:
By adding on line 18 page 1:
"This Act shall not be construed to regulate the zoning authority of county or munici pal governments."

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 Bargenm Y Barnes

Y Bates Benefield
Y Birdsong Y Bordeaux Y Bostick N Breedlove
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
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

TUESDAY, MARCH 1, 1994

1535

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dohhs Y Ehrhart Y Epps
Y Evans Y Felton Y Floyd, J.M Y Flovd, .I.VV 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 Irvin Y James Y Jamieson Y Jenkins
.hnson, D.H Y J >hnson, E Y J ihnson, G Y J .hnson, J Y J phnston Y .1 >nes
,vce 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 Y Mann Y Martin Y McBee Y McClinton
McKinney Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster Poag

Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
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 Skipper N Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snow

Stancil. F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tiilman Y Titus Y Towery Y Trense E Turnquest Y Twiggs Y Vaughan N 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, as amended, the ayes were 161, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker Pro Tern assumed the Chair.

HR 808. By Representatives Sherrill of the 62nd, Childers of the 13th, White of the 161st, Skipper of the 137th, Chambless of the 163rd and others:
A resolution urging the Governor's Council on Developmental Disabilities and the Department of Human Resources in cooperation with other individu als and groups to develop a comprehensive family and support plan for per sons with disabilities and needed legislation.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HR 808 as follows: On page 1, line 4 after "and" insert the word "individual".

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
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 Y Canty Y Carlisle Y Carrell Y Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers Y Clark

Y Coker Coleman, B
Y Coleman, T Y Colwell
Connell 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 Ehrhart Y Epps
Evans Y Felton
Floyd, J.M

1536

JOURNAL OF THE HOUSE,

Y Floyd, J.W Y God bee 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 Irvin 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, K Y Lawrence
Lawson Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton

McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore
Mosley Y Mueller
E Oliver Y O'Neal Y Orrock
Y Padgett E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

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 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, K Y Stancil, S Y Stanley, L

Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trensc E 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, as amended, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 671. By Representatives Reichert of the 126th, Groover of the 125th, Randall of the 127th and Lucas of the 124th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and cer tain county employees, so as to define certain terms; to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county probation and intake services' may elect to become members.

The following Committee substitute was read and adopted:

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 cer tain terms; provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county probation and intake services' being transferred to the department may elect to become members of the Employees' Retirement System of Georgia or remain in a local retirement system; to pro vide for employer and employee contributions; to provide for a transfer of service; to pro vide for employees who were not members of a local retirement system; to provide that the provisions of general law shall control in the event of a conflict with the provisions of a local retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by insert ing immediately following Code Section 47-2-295 a new Code Section 47-2-295.1 to read as follows:

TUESDAY, MARCH 1, 1994

1537

"47-2-295.1. (a) As used in this Code section, the term:
(1) 'Department' means the Department of Children and Youth Services.
(2) 'Local retirement system' means a. retirement or pension system maintained by a county which includes as members thereof county probation and intake employees who become employees of the department as a result of the county probation and intake services' being transferred to the department pursuant to the provisions of Code Section 15-11-9.1, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.
(3) 'Probation and intake employee' means a probation and intake employee as such term is defined in paragraph (1) of subsection (a) of Code Section 15-11-9.1.
(b) Any person becoming an employee of the department at any time on or after July 1, 1993, as a result of a transfer of county probation and intake services to the department pursuant to the provisions of Code Section 15-11-9.1 shall have the options and rights provided for by this Code section. The options available to any such employee under this Code section must be exercised within 18 months after the date the applicable county probation and intake services are transferred to the department. Any such option shall be exercised by such employee notifying, in writing, the Board of Trustees of the Employees' Retirement System of Georgia, the governing authority of the applicable county, and, when applicable, the board of trustees or other managing body of any local retirement system of which the employee is a member. If the employee is a member of a local retirement system, such membership shall continue pending the exercise of an option provided by this Code section. The choice made by an employee in selecting an option provided by this Code section shall be irrevocable and may not at any time thereafter be rescinded or modified.
(c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation and intake services were transferred to the department, such employee may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in sub section (d) of this Code section. An employee electing to continue membership in a local retirement system shall have the right to continue such membership and the salary received by such employee as an employee of the department shall be the salary of such employee for all purposes under the local retirement system. Except as otherwise pro vided in this subsection for the use of certain employer contributions to offset required employee contributions, such employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the department may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retire ment system shall be computed at the same percentage rate applicable to all other state employees on the basis of the state salary paid to such employees electing to continue membership in the local retirement system and shall be paid by the department when applicable to the local retirement system; provided, however, that, if the employer con tributions paid by the department exceed the employer contributions applicable to all other employees of the local retirement system, the difference between the percentage rate of employer contributions paid by the department and the percentage rate of employer contributions applicable to all other employees of the local retirement system shall be applied to offset the percentage rate of employee contributions required of such state employees remaining in the local retirement system; provided, further, that, if the employer contributions to be paid by the department under this subsection would exceed the total employee and employer contributions required under the local retire ment system, the department shall only be required to pay the total amount of such employee and employer contributions required under the local retirement system. An employee continuing membership under a local retirement system under this subsection

1538

JOURNAL OF THE HOUSE,

shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county; provided, however, that such employee shall not be entitled to health and life insurance benefits available to county employees. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia.
(d) An employee who was a member of a local retirement system as provided in sub section (c) of this Code section may elect to become a member of the Employees' Retire ment System of Georgia. Any such employee so electing shall receive creditable service under the Employees' Retirement System of Georgia for all accredited service previously rendered as an employee of the applicable local retirement system. For each employee so electing, the governing authority of the applicable county or the board of trustees or other managing body of the applicable local retirement system, within 30 days after receiving the notice provided for in subsection (b) of this Code section, shall pay to the Board of Trustees of the Employees' Retirement System of Georgia the total employee and employer contributions plus interest made by or on behalf of the employee to the local retirement system, together with accumulated interest thereon; provided, however, that the amount so transferred shall not exceed the amount necessary to grant the cred itable service under the Employees' Retirement System of Georgia authorized by this subsection without creating any unfunded accrued liability, as a result of granting such creditable service, against the Employees' Retirement System of Georgia.
(e) If an employee subject to this Code section was not a member of a local retire ment system at the time the applicable county juvenile detention system became a part of the state-wide juvenile detention system, such employee shall become a member of the Employees' Retirement System of Georgia effective on the date the county probation and intake services are transferred to the department. Any such member may purchase as creditable service under the Employees' Retirement System of Georgia all or any por tion of previous actual service rendered by the member as an employee of the applicable county probation and intake system, except in those instances in which such member has retired or is receiving benefits from a local retirement system. Such creditable ser vice may be purchased by the member's paying to the board of trustees all employee and employer contributions which would have been made if the employee had been a member of this retirement system, plus regular interest thereon. The time limitation for exercising options provided for in subsection (b) of this Code section shall not apply to the purchase of creditable service under this subsection. Any eligible member may pur chase such creditable service at any time during the first five years of membership in the Employees' Retirement System of Georgia. No service for which credit is granted pursuant to this subsection shall be used for credit in any local retirement system.
(f) To the extent this Code section conflicts with or is inconsistent with the provi sions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provi sions of this Code section shall control."
Section 2. This Act shall become effective on July 1, 1994, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1994, as required by subsection (a) of Code Section 47-20-50.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the 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

TUESDAY, MARCH 1, 1994

1539

Y Brooks, T Y Brown Y Buck Y Buckner Y Bunn N Burkhalter
Y Byrd 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 N Ehrhart Y Epps
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
Y Hart Y Heard Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin Y James Y Jamieson Y' Jenkins Y Johnson, D.H

Y Johnson. E Y Johnson, G
Y Johnson, J Johnston
Y Jones N Joyce N Kaye Y Kinnamun Y Klein
YLadd Y Lakly Y Lane, D Y Lane, K Y Lawrence Y Lawson
YLee Y Lewis
Lord Lucas N Maddox Y Mann Y Martin
Y McBee Y McClinton
McKinney Y Milam Y Mills Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver

Y O'Neal
Y Orrock Padgett
E Parham Y Parrish Y Patten Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, L
Y Smith, P

Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snow
Stancil, K Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat
Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Titus Y Towery
Y Trense E Turnquest
Y Twiggs Y Vaughan
Y Walker Y Wall
Watson Y Watts Y Westmoreland Y White Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 154, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1222. By Representatives Ladd of the 59th, Johnston of the 81st and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to pro vide for the creation of special districts; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for a referendum and election procedures with respect to the imposition and discontinuation of such tax; to pro vide for powers, duties, and authority of county governing authorities with respect to such tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for administration and collection of such tax; to provide for returns; to provide for distribution of proceeds; to provide for certain credits; to pro vide for the expenditure of certain excess proceeds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other pur poses.

1540

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new article immediately following Article 2, to be designated Article 2A, to read as follows:

"ARTICLE 2A

48-8-100. This article shall be known and may be cited as the 'Homestead Option Sales Tax Act."
48-8-101. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special dis tricts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts.
(b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this article within a special district, the county whose geographi cal boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the local tax provided in this article shall be appli cable to sales of motor fuels as that term is defined by Code Section 48-9-2.
(c) The proceeds of the tax levied and collected under this article shall be used only for the purpose of funding a homestead exemption from county ad valorem taxes for county purposes. Such tax shall only be levied in a special district following the enact ment of a local Act which provides for a homestead exemption to be funded from the tax under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year following the year in which the tax under this article is levied. Any such local Act shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes.
48-8-102. (a) Whenever the governing authority of any county wishes to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-101 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the spe cial district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a home stead exemption within such county which shall be funded from the proceeds of the tax levied and collected pursuant to this article. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall a retail sales and use tax of 1 percent be levied within the special district within _________________ County for the purpose of funding an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes within ________________ County?'

(b) All persons desiring to vote in favor of levying the tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of levying the tax and approving the local Act providing such home stead exemption, then the tax shall be levied in accordance with this article; otherwise, the tax may not be levied, and the question of the imposition of the tax may not again

TUESDAY, MARCH 1, 1994

1541

be submitted to the voters of the special district until after 24 months immediately fol lowing the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.
(c) If the imposition of the tax provided in Code Section 48-8-101 is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the gov erning authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the cer tification of the result of the election imposing the tax authorized by Code Section 48-8-101 on behalf of the county. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 20 days after the adoption of the resolution. A certified copy of the resolution shall be forwarded to the commis sioner so that it will be received within five days after its adoption.
48-8-103. (a) The tax levied pursuant to this article shall be exclusively adminis tered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administra tion and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
(b) Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determina tion by the commissioner that all taxes imposed by this article are collected and distrib uted according to situs of sale.
(c) The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration;
(2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for authority to levy the tax or to collect any proceeds from the tax authorized by this article for the year following the initial year in which it is levied and for all subsequent years, the county whose geographical boundary is conterminous with that of the special district shall expend such proceeds for the pur pose of funding all or any portion of a homestead exemption from county taxes for county purposes within such county as follows:
(A) The advertised millage rate shall be calculated and shall equal the amount required to fund county operations and shall include all homestead exemptions from county taxes for county purposes in the special district except the homestead per centage;
(B) The homestead percentage shall be calculated and shall equal 100 percent multiplied by the total net amount collected in the special district pursuant to this article for the previous year divided by total current year revenue for maintenance, operations, fire protection services, and hospital services that would be received from property eligible for and receiving homestead exemptions using the advertised millage rate and including all other homestead exemptions in the special district;

1542

JOURNAL OF THE HOUSE,

(C) If the homestead percentage is less than 100 percent, the effective millage rate shall equal the advertised millage rate and each eligible property under the required local Act shall receive an additional homestead exemption in the amount of the assessed value of that property minus any other homestead exemptions which amount shall then be multiplied by the homestead percentage;
(D) If the homestead percentage is equal to or greater than 100 percent, all qual ified homestead property shall be exempted from all county ad valorem taxes for county purposes for maintenance, operations, fire protection services, and hospital services but excluding taxes to retire bonded indebtedness. The amount of such exemptions shall be funded by the proceeds collected under this article; and
(E) In the event there are excess proceeds remaining following the expenditure of such proceeds under subparagraph (D) of this paragraph, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adjust for such taxable year the millage rate for ad valorem taxation of tangible property within such county other than homestead property by reducing the advertised millage rate by a millage rate, which if levied against such property, would produce an amount equal to the excess proceeds remaining following the expenditure under subparagraph (D) of this paragraph.
48-8-104. Where a local sales or use tax has been paid with respect to tangible per sonal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax autho rized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the pur chaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is coterminous with the special dis trict; and taxes so paid in another jurisdiction shall be credited first against the tax levied under this article and then against the tax levied under Article 3 of this chapter, if applicable.
48-8-105. (a) Whenever the governing authority of any county in which the tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-101 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority call ing for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the tax levied and collected pursuant to this article. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the 1 percent retail sales and use tax being levied within the special district within __________________ County for the purpose of funding an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?'

TUESDAY, MARCH 1, 1994

1543

(b) All persons desiring to vote in favor of discontinuing the tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the tax and repealing the local Act providing for such homestead exemption, then the tax shall cease to be levied on the last day of the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the tax shall continue to be levied, and the question of the discontin uing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.
48-8-106. No tax provided for in Code Section 48-8-101 shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the local tax is imposed under this article regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-107. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equip ment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.
(b) No tax provided for in Code Section 48-8-101 shall be imposed by a county upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the tax by the county and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-108. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by 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.

The following amendment was read and adopted:

Representative Ladd of the 59th moves to amend the Committee substitute to HB 1222 by inserting between "purposes" and the period on line 28 of page 2 the following:
"; provided, however, that prior to January 1 of the year following the year in which the tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pur suant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state".
By adding at the end of line 4 of page 3 the following:
"Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be

1544

JOURNAL OF THE HOUSE,

conducted if the resolution required under subsection (a) of Code Section 48-8-102 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted."
By striking "following:" on line 32 of page 3 and inserting in its place the following:
"following statement which shall precede the ballot question specified in this subsec tion and the ballot question specified by the required local Act:
'NOTICE TO ELECTORS: Unless both the homestead exemption to be funded by the homestead option sales tax and the homestead option sales tax are approved, then neither the exemption nor the tax shall become effective.'
Such statement shall be followed by the following:".
By striking "20" and inserting in its place "two" on line 8 of page 5.
By inserting between "shall" and "expend" on line 23 of page 6 the following:
", except as otherwise provided in subsection (c) of Code Section 48-8-101,".
By striking "percentage;" on line 20 of page 7 and inserting in its place the following:
"percentage. The amount of such exemptions shall be funded by the proceeds col lected under this article;".

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 N Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates N Benefield
Birdsong Bordeaux N Bostick Y Breedlove N Brooks, L> N Brooks. T N Brown Y Buck Y Buckner Y Bunn
Y Burkhalter Y Byrd Y Campbell
Canty Y Carlisle N Carrell N Carter Y Cauthorn N Chambless
Y Chandler N Channell Y Childers Y Clark

Y Coker
Y Coleman, B N Coleman, T N Colwell
Connell Y Cox N Crawford Y' Crews Y Culbreth Y Cummings N Davis, G Y Davis, M Y' Dickinson Y Dix N Dixon, H Y Dixon, 8
Y Dobbs Y Ehrhart
N Epps Evans
Y Felton Y Floyd, J.M
Floyd, J.W N Godbee Y Golden Y Goodwin
N C.reene N Groover Y' Hammond N Manner Y Harris, B Y Harris, M N Hart

N Heard
Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard N Hudson N Hughes Y Hugley Y Irvin
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 N Lane, U Y Lane, R Y Lawrence Y Lawson N Lee Y IJewis Y Lord

Lucas
Y Maddox Y Mann Y Martin Y McBee
N McClinton Y McKinney Y Milani Y Mills
Y Mobley, B N Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham
N Parrish N Patten N Pelote
Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell
N Purcell, A Y Purcell, B N Randall Y Randolph

Ray Reaves N Reichert N Roberts Y Royal E Scoggins Y Shanahan Y Sherrill N Shipp
Y Simpson Y Sinkfield
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 Stephensou N Streat Y Taylor
N Teague Y Teper
Y Thomas Y Tillman Y Titus
Towerv

TUESDAY, MARCH 1, 1994

1545

Y Trense
E Turnquest N Twiggs

Y Vaughan
N Walker Y Wall

N Watson
N Watts N Westmorland

White
Y Williams, B Y Williams, R

Y Yates
N Yeargin Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 112, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Groover of the 125th gave notive that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 1222.

HR 875. By Representatives Parrish of the 144th, Trense of the 44th, Martin of the 47th, Sinkfield of the 57th and Childers of the 13th:
A resolution creating the Joint Steering Committee for the Georgia General Assembly's Conference on Health Care Reform/Managed Health Care.

The following amendment was read and adopted:

Representative Lawrence of the 64th moves to amend HR 875 as follows:
By deleting the word "cannot" on line 6, page 1 and all of line 7, page 1 and inserting in lieu thereof:
"are uninsured; 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
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 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 Ehrhart Y Epps
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 Y Hart
Y Heard Y Hegstrom Y Hembree
Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hughes Y Hugley Y Irvin
Y James Y Jamieson
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
Y Mann
Y Martin Y McBee Y McClinton Y McKinney Y Milam Y Mills Y Mobley, B
Y Mobley, J Y Moore Y Mosley
Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish Y Patten Y Pelote
Y Perry Y Pinholster Y Poag Y Polak Y Porter Y Poston Y Powell

Y Purcell, A Y Purcell, B
Y Randall Y Randolph
Ray
Y Reaves
Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill Y Shipp
Y Simpson Y Sinkfield 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, P Y Stephenson Y Streat Y Taylor Y Teague

1546

JOURNAL OF THE HOUSE,

Y Teper Y Thomas Y Tillman
Y Titus

Y Towery Y Trense E 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, as amended, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 1825.

By Representatives Skipper of the 137th, Childers of the 13th, Carrell of the 87th and Hudson of the 156th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to allow health care providers to enter into coop erative agreements for the provision of health care which may have the effect of lessening competition; to provide a short title.

The following Committee substitute was read and adopted:

A BILL
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 allow health care providers to enter into cooperative agreements for the provision of health care which may have the effect of lessening competition; to provide a short title; to define certain terms; to provide for certificates of public advantage and applications therefor, review and issuance thereof, and standards therefor; to provide for record keeping; to pro vide for the active supervision of such agreements; to provide for annual reports and reviews; to provide for the termination of such certificates; to provide for judicial review; to provide for fees; to provide for certain agency authority; to provide for the effects on other laws; to provide for applicability and effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by inserting at the end thereof the following:
"ARTICLE 13 31-7-300. This article shall be known and may be cited as the 'Health Care Provider Act of 1994.' 31-7-301. As used in this article, the term:
(1) 'Antitrust laws' means any and all federal or state laws prohibiting monopolies or agreements in restraint of trade including, but not limited to, the federal Sherman Anti-Trust Act, 26 Stat 209, as amended; the federal Clayton Act, 38 Stat 730, as amended; the Federal Trade Commission Act, 38 Stat 717, as amended; and Article III, Section VI, Paragraph V of the Constitution of Georgia.
(2) 'Certificate of public advantage' means the formal approval, including any con ditions or modifications by the agency, of a cooperative agreement between two or more providers of health care services.
(3) 'Cooperative agreement' means any activities carried out by two or more hospi tals or licensed providers of health care services in Georgia for the purpose of provid ing health care services, including, but not limited to, integrated health care delivery networks; agreements among hospitals, or hospitals and other licensed providers for the sharing, allocation, or referral of patients, personnel, instructional programs, sup port services, or facilities and equipment, including medical, diagnostic, or laboratory

TUESDAY, MARCH 1, 1994

1547

facilities or equipment, or other procedures or services traditionally offered by health care providers; and physician network joint ventures as defined in this article. Any cooperative agreement, to the extent reasonably within the financial capacity of such agreement, shall provide for the provision of services to persons regardless of the source or method of payment for such services or of the recipient's ability to pay. The cooperative agreement shall comply with all state laws, and, except for physician net work joint ventures described above, the cooperative agreement shall include partici pants who provide a comprehensive range of acute and nonacute health care services.
(4) 'Agency' means the State Health Planning Agency. (5) 'Health care services' means any services reasonably necessary for the diagnosis or treatment of an illness or injury and for which payment may be made under a pri vate or public health benefit plan, including services related to the delivery or admin istration of such services. (6) 'Hospital' means any hospital licensed under Article 2 of Chapter 7 of this title. (7) 'Physician' means any person who is licensed to practice medicine by the Com posite State Board of Medical Examiners pursuant to Chapter 34 of Title 43. (8) 'Physician network joint venture' means a physician controlled venture that does not include more than 35 percent of the physicians, including subspecialists, in the geographic area in which the venture will offer the physician services, and all the physician members share financial risk, including an equity interest in the network, in jointly marketing the physician services to third-party payers. (9) 'Provider of health care services' means any individual or entity that is engaged in the delivery of health care services and is required by the State of Georgia to be licensed to engage in the delivery of those services within the state. 31-7-302. (a) One or more providers of health care services may apply to the agency for a certificate of public advantage authorizing and governing a cooperative agreement; provided, however, that except for a physician network joint venture, at least one hospi tal shall be a party to any such agreement. Such application shall be in a form and pro vide such information as the agency deems appropriate and consistent with the purposes of this article, but shall not be so burdensome as to unnecessarily discourage applica tions for a certificate of public advantage. The application may include an executed copy of the agreement or a letter of intent to enter in to such an agreement, a description of the nature and scope of the activities and cooperation provided in the agreement, an explanation of any consideration passing to any party under the agreement, and any other materials necessary to explain fully the agreement and its anticipated effects. (b) Any hospital, physician, or other person may negotiate and enter into a coopera tive agreement without being subject to damages, liability, or scrutiny under any anti trust laws if an application for a certificate of public advantage has in good faith been filed or is intended to be filed with the agency as provided in subsection (a) of this Code section. The parties to such a cooperative agreement may conduct business pursuant to the agreement without being subject to any damages, liability, or scrutiny under the antitrust laws only after a certificate of public advantage has been issued authorizing and governing the cooperative agreement. 31-7-303. (a) The agency shall review each application for a certificate of public advantage submitted as provided in Code Section 31-7-302 and shall hold a public hear ing, after notice of such hearing is published in a newspaper of general circulation in the area affected by the cooperative agreement under scrutiny, with the opportunity for any interested party to present oral or written comments. (b) The agency shall issue a certificate of public advantage within 90 days after the date the application was filed if it determines that the applicant has demonstrated that the benefits likely to result from the agreement outweigh the disadvantages likely to result from a reduction in competition precipitated by the agreement. An applicant shall have made such a showing if the agreement satisfies two or more of the following crite ria: (1) The cooperative agreement provides for a new service to the area served by the parties to the agreement or there will remain alternative sources for the same service offered pursuant to the cooperative agreement to consumers in the area served by the parties to the agreement;

1548

JOURNAL OF THE HOUSE,

(2) The cooperative agreement is either nonexclusive in nature so that the parties are not prohibited from participating in similar agreements or, if the agreement is exclusive in nature, then the parties to such agreement shall not number more than 35 percent of the total of each class of health care providers in the area served by the parties to the agreement;
(3) The cooperative agreement is for the purchase or operation of equipment or services and either the cost is less than $1 million or a certified public accountant has certified that the projected savings from purchasing or operating the equipment or service will exceed the cost of such equipment or service;
(4) The cooperative agreement involves the merger of two hospitals, one of which has fewer than 100 licensed beds and has had an average inpatient census of less than 40 patients for the past three calendar years;
(5) The cooperative agreement will enable the participants to jointly offer health care services to third-party payers or other purchasers of health care services; the hos pital participants, not including specialty hospitals not offering the full range of acute care services, are located at least ten miles apart; and the nonhospital participants do not constitute more than 35 percent of the total of each class of provider in the area served by the parties to the agreement; or
(6) If the cooperative agreement is a physician network joint venture, then the venture shall not include more than 35 percent of the total number of physicians, including subspecialists, in the geographic area in which the venture will offer physi cian services to third-party payers, and all of the participating physicians shall share financial risk, including an equity interest in the network, in jointly marketing the physician services to third-party payers.
(c) The agency shall give notice of its decisions on applications of public advantage in the same manner as prescribed for giving notice of decisions on applications for pub lic need in subsection (g) of Code Section 31-6-43. If the agency denies an application for the issuance of a certificate of public advantage and thereafter receives a request from the applicant for the return of any documents and information submitted by the applicant in connection with the application for the certificate, the agency shall return to the applicant, not later than 30 days after receipt of the request, the documents and information and all copies of the documents and information available to the agency.
31-7-304. The agency shall maintain on file all cooperative agreements for which cer tificates of public advantage are in effect, together with a copy of the certificate. Any party who terminates a cooperative agreement shall notify the agency of that termina tion within 30 days after the effective date of the termination. All certificates of public advantage issued shall be public records within the meaning of Article 4 of Chapter 18 of Title 50. All other documents containing confidential commercial or financial informa tion of the holders of certificates of public advantage that were submitted in connection with the application for the certificate shall not be considered public records under Arti cle 4 of Chapter 18 of Title 50 and may not be disclosed by the agency or any other components of the state without the consent of the certificate holder.
31-7-305. The agency is responsible for the active supervision of any cooperative agreement for which a certificate of public advantage has been issued and is in effect. If at any time the agency determines, considering the criteria provided in Code Section 31-7-303, that the benefits or anticipated benefits resulting from a cooperative agree ment no longer outweigh the disadvantages or anticipated disadvantages attributable to a reduction in competition resulting from the agreement, the agency shall advise the parties to the agreement and review the certificate of public advantage in the same man ner as provided for reviewing an initial application of public advantage; provided, how ever, that the requirement for publication shall not apply to this Code section. The agency may request from the parties of a cooperative agreement under such review for such additional information or documents as the agency deems necessary to complete the review. The failure to provide any such information within 90 days of a written notice of default from the agency shall be grounds for the revocation of the certificate subject to the right of the agency to extend the time period for good cause shown. If the agency revokes a certificate of public advantage and thereafter receives a request

TUESDAY, MARCH 1, 1994

1549

from the applicant for the return of any documents and information submitted by the applicant in connection with the application for the certificate, the agency shall return to the applicant, not later than 30 days after receipt of the request, the documents and information and all copies of the documents and information available to the agency.
31-7-306. (a) The parties to a cooperative agreement for which a certificate of pub lic advantage is in effect shall file with the agency an annual report of principal activi ties conducted pursuant to the cooperative agreement. Such report shall be filed during the 30 day period preceding the anniversary date of the initial approval of the certificate of public advantage. The report shall be in a form and provide such information as the agency deems appropriate and consistent with the purposes of this article, but shall not be so burdensome as to unnecessarily discourage applications for or the maintenance of certificates of public advantage. The report may include:
(1) A description of activities conducted pursuant to the agreement;
(2) The cost incurred and the savings realized as a result of such activities;
(3) The nature and scope of the activities anticipated for the next two years pursu ant to the agreement and the anticipated effect of those activities on the provision of health care services to the citizens of the area serviced by the parties to the agree ment; and
(4) A certificate signed by all parties to the agreement stating that the benefits or anticipated benefits of the cooperative agreement continue to outweigh disadvantages or anticipated disadvantages of any reduction in competition resulting from the agree ment.
(b) The agency shall publish notice that the report required in subsection (a) of this Code section has been received in a newspaper of general circulation in the area affected by the cooperative agreement. The public shall have 30 days after the date of such pub lication to file written comments on the report and on the benefits and disadvantages of continuing the certificate of public advantage. The failure to file an annual report or to provide information as required by this subsection within 60 days of receipt of a writ ten notice of default from the agency shall constitute grounds for the revocation of the certificate of public advantage. Confidential commercial or financial information con tained in annual reports or in the information submitted by the certificate holders as part of the reporting process shall not be considered public records within the meaning of Article 4 of Chapter 18 of Title 50 and may not be disclosed by the agency or any other component of the state without the consent of the certificate holder. Except as provided above, such annual reports, public comments, and information submitted shall be public records within the meaning of Article 4 of Chapter 18 of Title 50.
31-7-307. (a) The agency shall review any information received pursuant to Code Section 31-7-305 and all annual reports, public comments, and information received pur suant to Code Section 31-7-306. In either case, the agency shall determine, considering the factors provided in Code Section 31-7-303, if the advantages or anticipated advan tages of the cooperative agreement continue to outweigh the disadvantages or antici pated disadvantages of any reduction in competition resulting from the agreement. Within 60 days of notifying the parties of a review under Code Section 31-7-305, and within 30 days of the filing of an annual report under Code Section 31-7-306, the agency shall make a final determination as to whether the certificate of public advantage should remain in effect; provided, however, that the agency may extend such review period an additional 30 days.
(b) If the agency determines after a review as provided in subsection (a) of this Code section that the advantages or anticipated advantages of the certificate no longer out weigh the disadvantages of the reduction in competition resulting from the agreement, or that the parties to a cooperative agreement have not acted in accordance with the approved application for a certificate of public advantage, the agency shall revoke the certificate, provide all parties to the cooperative agreement with notice of such termina tion, and provide the parties with a summary of the reasons for such termination. If the agency revokes a certificate of public advantage or if the parties applying for a certifi cate of public advantage voluntarily withdraw their application and the agency thereaf ter receives a request from the applicant for the return of any documents and

1550

JOURNAL OF THE HOUSE,

information submitted by the applicant in connection with the application for the certif icate, the agency shall return to the applicant, not later than 30 days after receipt of the request, the documents and information and all copies of the documents and infor mation available to the agency.
(c) The health care providers holding a certificate of public advantage may voluntar ily terminate the certificate by providing written notice to the agency in the form and with the content deemed appropriate by the agency. The certificate shall terminate 30 days after the provision of notice.
31-7-308. (a) Any person whose application for a certificate of public advantage is denied, and any party to a cooperative agreement which is revoked by the agency shall be entitled to judicial review of the agency's action without having to pursue any further administrative appeal. A petition for judicial review as provided in this subsection shall be filed within 30 days after receipt of such notice of the agency's action in either the superior court of the county in which the applicant or party resides or in the Superior Court of Fulton County.
(b) In any action initiated pursuant to this Code section, the work product of the agency shall be a public record within the meaning of Chapter 18 of Title 50 and shall be discoverable and admissible in discovery, at a hearing, or at trial.
(c) The filing of a petition for judicial review shall stay enforcement of the agency's decision under review until such time as any judicial action on the matter becomes final.
31-7-309. The agency shall establish a schedule of fees for filing an application for a certificate of public advantage and for filing an annual report. The filing fees may dif fer according to the size of the cooperative agreement involved as measured by projected revenues, assets dedicated to the activities contemplated by the cooperative agreement, or some other rational basis. However, in no case shall the filing fee for an application exceed $7,500.00, or the filing fee for an annual report exceed $1,000.00, and the filing fees for physician network joint ventures, cooperative agreements between small hospi tals, and other cooperative agreements shall not be so large as to discourage applications for certificates of public advantage. Such fees shall be paid into the general fund of the state treasury as provided by the Constitution and laws of this state.
31-7-310. The agency shall have the necessary powers to adopt rules and regulations necessary to carry out the purposes and mandates of this article.
31-7-311. (a) This article is intended to and shall be construed to immunize activi ties conducted pursuant to a cooperative agreement authorized by a certificate of public advantage from challenge of scrutiny under antitrust laws. The submission of a coopera tive agreement for approval is voluntary, and the failure to seek a certificate of public advantage by health care providers entering into a cooperative agreement does not give rise to any legal inference or presumption of noncompliance with antitrust laws. The failure to seek such approval shall not be admissible in any civil or criminal antitrust action if such action is based upon the cooperative agreement or arises from conduct or activity reasonably necessary and reasonably foreseeable to the making of an application for a certificate of public advantage. Denial of an application for a certificate of public advantage or revocation of a certificate may not be used as evidence of a violation of the antitrust laws in any judicial proceeding brought against the applicants or holders of the certificate.
(b) Nothing in this article shall be construed to be an alternative to the requirements of Article 3 of Chapter 6 of Title 31, relating to certificate of need programs, or to exempt hospitals, physicians, or other health care providers from compliance with state or federal laws governing licensure or other regulatory requirements.
(c) Any dispute between or among the parties to a cooperative agreement arising out of such agreement shall be governed by general principles of contract law recognized in this state."
Section 2. This Act shall become effective upon the effective date of a constitutional amendment authorizing certain cooperative agreements between or among health care providers which may have the effect of lessening competition.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 1, 1994

1551

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins
Y Bailey Y Baker Y Bannister N Barfoot N Bargeron
Y Barnes N Bates
Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, L> Y Brooks, T Y Brown Y Buck Y Buckner
Bunn N Burkhalter Y Byrd
N Campbell N Canty Y Carlisle Y Carrell N Carter Y Cauthorn Y Chambless Y Chandler Y Channell Y Childers
N Clark N Coker Y Coleman, B Y Coleman, T

N Colwell Connell
Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Y Davis, G N Davis, M Y Dickinson
Y Dix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart Y Epps
Evans N Felton Y Floyd, J.M
Y Floyd, J.W N Godbee N Golden N Goodwin Y Greene Y Groover Y Hammond Y Manner N Harris, B
Y Harris, M YHart Y Heard Y Hegstrom N Hembree Y Henson Y Holland Y Holmes

Y Howard N Hudson Y Hughes
Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E
Johnson, G N Johnson, J Y Johnston
Jones N Joyce N Kaye Y Kinnamon
N Klein Y Ladd N Lakly N Lane, D Y Lane, R Y Lawrence
Lawson YLee N Lewis N Lord
Lucas N Maddox N Mann Y Martin Y McBee Y McClinton
McKinney Y Milam N Mills

Y Mobley, B N Mobley, J N Moore
Y Mosley N Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry N Pinholster
N Poag Y Polak
Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall N Randolph
YRay Y Reaves Y Reichert N Roberts Y Royal E Scoggins Y Shanahan Y Sherrill N Shipp
Y Simpson Sinkfield
Y Skipper

Y Smith. C Y Smith, L
Y Smith, P Y Smith, T N Smith, V Y Smith, W
Smyre Y Snow Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Trense E Turnquest N Twiggs N Vaughan
Y Walker Y Wall Y Watson Y Watts N Westmoreland Y White Y Williams, B N Williams, R
N Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 115, nays 46.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1825 was ordered immediately transmitted to the Senate.

HB 954. By Representatives Henson of the 65th, Lawson of the 20th, Sherrill of the 62nd, Jones of the 71st, McClinton of the 68th and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of the project of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, and the Lake Lanier Islands Development Authority shall not be exempt from and shall be subject to certain taxes.

By unanimous consent, further consideration of HB 954 was postponed until tomorrow morning, immediately following the period of unanimous consents.

1552

JOURNAL OF THE HOUSE,

HB 1921.

By Representatives Thomas of the 100th, Hammond of the 32nd and Cauthorn of the 35th:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the definition of employ ment with respect to unemployment compensation; to change the definition of employee with respect to workers' compensation; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for insur ance with respect to community service boards.

The following Committee substitute was read and adopted:

A BILL
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change the definition of employment with respect to unem ployment compensation; to change the definition of employee with respect to workers' compensation; to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide for insurance with respect to community service boards; to change certain provisions relat ing to the purchase of certain insurance or indemnity contracts; to provide for automobile liability coverage for community service boards, county departments of health, and county departments of family and children services; to provide for unemployment compensation benefits for community service boards, county departments of health, and county depart ments of family and children services; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for commercial fidelity bonds for community service boards, county departments of health, and county departments of fam ily and children services; to provide for commercial property policies for community ser vice boards; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking subsection (h) of Code Section 34-8-35, relating to definitions regarding unemployment compensation, and inserting in its place a new sub section (h) to read as follows:
"(h) The term 'employment' shall include service performed in the employ of this state or any of its instrumentalities or any political subdivision of this state or any of its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivi sions, provided that such service is excluded from 'employment' as defined in the Fed eral Unemployment Tax Act by Section 3306(c)(7) of that act and is not excluded from 'employment' under paragraph (3) of subsection (j) of this Code section. Each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in Code Sections 34-8-158 through 34-8-161; and each shall be individually responsible for the filing of quarterly wage summary reports as promulgated in regulations by the Commissioner and provided in Code Section 34-8-165. For the purposes of the unemployment compensation coverage provided for by this chapter, employees of county and district health agencies established under Chapter 3 of Title 31 and employees of the community service boards established under Chapter 2 of Title 37 are deemed to be employees of this state."
Section 2. Said title is further amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions regarding workers' compensation, and inserting in its place a new paragraph (2) to read as follows:
"(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

TUESDAY, MARCH 1, 1994

1553

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 nothing 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 such employee's legal representatives, depen dents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency man agement or civil defense agencies, emergency medical services, and rescue organiza tions 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 defini tion. There shall also be included within such term any volunteer firefighter 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 governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified 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 medi cal 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 Sec tion 38-3-36, rendered in such capacity and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropri ate resolution for inclusion of such volunteer members or workers; and any person cer tified 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 volunteer 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 pro vide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing 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 and employees of community service boards established under Chap ter 2 of Title 37 shall be considered to be employees of the state. 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 contrac tor 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 indepen dent contractor. Notwithstanding the foregoing provisions of this paragraph, any offi cer 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 service program, or simi
lar 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

1554

JOURNAL OF THE HOUSE,

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 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to pro vide workers' compensation benefits to such individuals."
Section 3. Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended by striking subsection (c) of Code Section 45-9-1, relating to general provisions regarding such insur ing or indemnification, and inserting in its place a new subsection (c) to read as follows:
"(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, how ever, that the employees of community service boards, county departments of health2 and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article."
Section 4. Said chapter is further amended by striking subsections (a) and (b) of Code Section 45-9-4, relating to the purchase of certain insurance or indemnity contracts, and inserting in their place new subsections (a) and (b) to read as follows:
"(a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested him the commissioner to do so, he the commissioner shall have the authority to purchase policies of liability insurance^ reinsurance, or contracts of indem nity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected there with, under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may provide for endorsements for contractual lia bility and, where necessary or convenient to the public functions of the state, the com missioner may also provide for additional insureds. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, he the commissioner shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state and for any additional insureds. The commissioner shall invest any such moneys in the same manner as other moneys in his the commissioner's posses sion.
(b) T-he commissioner of administrative services shall establish ad administer a pfe^FfiiR for insuring tiie oiiicers EIIICI employees of fluencies } ooflPds, Durcsus, commisisions,

mstcfifliS tR public premises, ift sedition to Hisunn^j otiiceps &FMi employcos ot s^encics, boards, bureaus, commissions, departments, or authorities ef- the state as provided
patent er patents far the removal er abatement ef asbestos er other hazardous materials pursuant te the terms ef a licensing agreement between the patent holder and the state. f op tnis purpose, tnc commissioner may purcnasc policies or nauility insurance e? con tracts ef- indemnity insuring e* indemnifying such officers and employees under a maatcr policy er en a blanket coverage basis with er without dcductiblcs e* excess coverage. T-he commissioner may alternatively retain sti premium moncya paid te the Department ef-

TUESDAY, MARCH 1, 1994

1555

other moneys his possession. he funds for the insurance er self-insurance provided for in this subsection shall be designated the 'Hazardous Materials Liability Reserve Fund,' ad auch fund and program shall be an undertaking separate nd apart from the
Code section. Reserved."
Section 5. Said chapter is further amended by adding a new Code section immedi ately following Code Section 45-9-40, to be designated Code Section 45-9-40.1, to read as follows:
"45-9-40.1. The Department of Administrative Services is authorized to provide auto mobile liability coverage to community service boards through the automobile policy of insurance provided for in Code Section 45-9-40 or through a separate business automo bile liability policy. These policies will provide coverage to employees of county depart ments of health, county departments of family and children services, and community service boards, up to the limit specified in the policy, for protection from liability for damages arising out of the operation of any state owned or leased vehicle when such boards use these vehicles in the course of their employment. The commissioner of administrative services may provide the coverages, with the cost of such insurance being allocated to such boards and departments in accordance with the allocation formula pro vided for in Code Section 45-9-43 or by allocating the actual cost of the business auto mobile liability policy to such boards and departments. The Department of Human Resources must provide a central office to coordinate the collection of underwriting data and premiums as required in subsection (c) of Code Section 45-9-1."
Section 6. Said chapter is further amended by adding a new subsection at the end of Code Section 45-9-110, relating to consolidation of unemployment compensation claims, to be designated subsection (d) to read as follows:
"(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance pro gram."
Section 7. Title 50 of the Official Code of Georgia Annotated, relating to state gov ernment, is amended by adding a new Code section immediately following Code Section 50-5-51, to be designated Code Section 50-5-51.1, to read as follows:
"50-5-51.1. The commissioner of administrative services may, upon request, assist and coordinate with county departments of health, county departments of family and children services, and community service boards the purchase of commercial fidelity bonds for officials, officers, and employees of such boards and departments. The pay ment of the premium to the commercial fidelity carrier will be the responsibility of such county departments of health, county departments of family and children services, and community service boards."
Section 8. Said title is further amended by adding a new Code section immediately following Code Section 50-16-11, to be designated Code Section 50-16-11.1, to read as fol lows:
"50-16-11.1. The Department of Administrative Services is authorized to assist and coordinate the purchase of a commercial property policy for coverage for the buildings, contents, and other property owned by community service boards. The payment of the premium to the commercial carrier shall be the responsibility of the community service boards."

1556

JOURNAL OF THE HOUSE,

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 10. All laws and parts of laws in conflict with this Act are repealed.

The 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 Bartbot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks. I) Y Brooks, T
Brown
Y Buck 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 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 Irvin
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
Lawson YLee
Y Lewis YLord
Lucas Y Maddox Y Mann
Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley. B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B 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 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, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense E 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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1872. By Representative McKinney of the 51st:
A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in traffic cases, so as to provide that the provisions of such article shall not be applicable to the City Court of Atlanta.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Atkins Y Bailey

Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnes Y Bates

Y Benefield Y Birdsong
Bordeaux

Y Bostick Breedlove
Y Brooks, D

TUESDAY, MARCH 1, 1994

1557

Y Brooks, T Y Brown
YBuck Y Buckner Y Bunn Y Burkhalter
Y Byrd Y Campbell
Y Canty Y Carlisle
Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T
Y Colwell Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
Y Dix Y Dixon, H

Y Dixon, S
Y Dobbs Ehrhart
Y Epps 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 Irvin 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
Lawson YLee
Y Lewis Y Lord
Lucas
Y Maddox YMann
Martin Y McBee Y McClinton
McKinney Y Milam Y Mills
Y Mobley, B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver

Y O'Neal Y Orrock
Y Padgett E Parham
Y Parrish Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak
Y Porter Poston
Y Powell Y Purcell, A
Y Purcell, B 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
Skipper Y Smith, C Y Smith, L
Y Smith, P

Y Smith, T Y Smith, V Y Smith, W
Smyre YSnow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense E Turnquest
Y Twiggs Y Vaughan Y Walker
Wall Y Watson Y Watts Y Westmoreland
White
Y Williams, B Y Williams, R Y Yates Y Yeargin
Murphy, Spkr

On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1103.

By Representative Childers of the 13th:
A bill to amend Code Section 20-3-374 of the Official Code of Georgia Anno tated, 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.

The following amendment was read:

Representative Clark of the 40th moves to amend HB 1103 by striking line 7 of page 1 and inserting the following:
"terms and conditions of such loans; to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide for qualifications for applicants and recipients of loans and a contract setting out service in a public health facility as a condition for receipt of loans; to provide a definition; to provide conditions for maintaining eligibility; to authorize the Student Finance Authority to establish criteria for eligibility and award of loans; to provide for the amount and duration of assistance; to provide for the mem bership and duties of selection committees; to provide for loss of eligibility and an obli gation to repay; to provide for repayment in other circumstances; to provide for duties of the college or university; to provide for rules and regulations for administration; to provide for the appropriation of funds; to repeal conflicting".
By striking line 17 of page 1 and inserting the following:
"or advanced nursing degree at any unit of the University System of Georgia to prac tice as a registered".

1558

JOURNAL OF THE HOUSE,

By striking line 3 of page 2 and inserting the following:
"of one year for each academic year of study or its".
By striking line 7 of page 2 and inserting the following:
"note executed by the student. Such loans shall be governed by the terms and condi tions set out in Code Sections 20-3-480 through 20-3-485.'"
By striking lines 8 and 9 of page 2 and inserting the following:
"Section 2. Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, is amended by inserting a new subpart to be designated Subpart 10 to read as follows:
'Subpart 10
20-3-480. (a) To qualify as an applicant for and to be a recipient of a service cancelable loan under this subpart, the student shall meet the following standards and requirements:
(1) The student shall be a resident of Georgia; (2) The student shall be a high school graduate who has maintained a grade point average of 2.5 or higher on a 4.0 scale overall; (3) The student shall meet the requirements for admission to the nursing train ing program at such college or university; (4) The student shall complete an application which includes a general informa tion section, a written essay, and an oral interview to be conducted at the college or university; and (5) The student shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan is granted, which contract shall require, as a condition of receiving the loan, that the student serve for one year for each year of academic study financed by the loan as a nurse in a public health facil ity, which for the purposes of this subpart is defined as including county health departments, public hospitals, state psychiatric hospitals, and community health centers. (b) If selected as a recipient of a loan under this subpart, a student, in order to maintain eligibility for the loan, shall: (1) Maintain a grade point average of 3.0 overall; (2) Maintain standards of student conduct at the college or university; (3) Pass the regents' examination on the first attempt; and (4) Pass the nursing state board examination (MCLEX) test on the first attempt. (c) No recipient of a loan under this subpart shall be eligible to receive financial aid assistance under any other student financial aid program authorized by the laws of this state. 20-3-481. (a) The authority shall establish and promulgate, consistent with this subpart, criteria for the eligibility and award of such loans, including eligibility criteria for applicants who passed the G.E.D. exam. (b) Loans made under this subpart shall cover all costs for matriculation, fees, and an allowance for books and supplies and room and board if available at the college or university. A student receiving a loan under this subpart shall be eligible for no more than 12 quarters of funding. 20-3-482. (a) For the purposes of considering applications submitted for loans under this subpart, there is created a selection committee for each college or univer sity of the university system which has a nursing school, the membership of which shall be as follows: (1) The chief executive officer of the college or university, or such officer's desig nated representative, who shall serve as chairperson of the selection committee; (2) A professor of nursing in the college or university, to be designated by the director of the school of nursing;

TUESDAY, MARCH 1, 1994

1559

(3) The director of admissions at the college or university; (4) The executive director of the Georgia Student Finance Authority or such director's designated representative; and (5) The director of the Division of Public Health of the Department of Human Resources or such official's designated representative. (b) It shall be the duty of each selection committee to select from applicants for the loans recipients who are students of the college or university which is represented by the selection committee. Upon selecting the recipients of the loans, the committee shall: (1) Notify each recipient of the loan; (2) Notify each member of the legislative delegation representing the county and municipality of residence of each recipient of the names of the recipients of the loans from such district; and (3) Notify the authority of the names and addresses of the recipients of the loans. 20-3-483. (a) If at any time a recipient of a loan fails to meet the standards and requirements for continued eligibility, such recipient shall lose eligibility for the loan and be obligated to repay the amount of the assistance received by the recipient under this subpart, plus interest, such amount to be paid, in accordance with regulations of the authority, within five years after the recipient graduates from or terminates enroll ment in the college or university. The selection committee shall promptly notify the authority when any student loses eligibility. (b) If a recipient of a loan voluntarily or involuntarily leaves before completing the nursing training program, such recipient shall be obligated to repay the amount of the assistance received under this subpart, plus interest, in accordance with subsection (a) of this Code section. (c) If a recipient of a loan fails to serve as a nurse in a public facility within five years of graduating from the nursing training program, such recipient shall be obli gated to repay the amount of the assistance received under this subpart, plus interest, within ten years after graduating from the nursing training program. 20-3-484. The college or university attended by the recipients of loans under this subpart shall: (1) Provide a faculty advisor to review the student's progress quarterly or more often; and (2) Provide assistance to recipients who have graduated in locating employment as nurses in public facilities. 20-3-485. (a) The authority shall, consistent with this subpart, promulgate such rules and regulations as may be necessary to administer the program provided for in this subpart, including but not limited to such subjects as the format for the applica tion form and assistance for periods of less than 12 academic quarters. (b) The funds necessary to carry out this subpart shall be paid from funds appro priated to the authority for the purposes of this subpart.'
Section 3. 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 fol lows:

Y Ashe Y Atkins N Bailey
N Baker
Y Bannister N Barfoot N Bargeron N Barnes N Bates
N Benetield
N Birdsonu
N Bordeaux

Y Bostirk Y Breedlove Y Brooks, D
N Brooks, T
Brown N Buck N Buckner Y Bunn Y Burkhalter
N Byrd
Y Campbell
N Canty

N Carlisle N Carrell Y Carter
N Cauthorn
N Chambless N Chandler N Channell N Childers Y Clark
Y Coker
Y Coleman, B
Coleman, T

N Colwell Connell
N Cox
Y Crawford
Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
Dickinson
Dix
Y Dixon, H

N Dixon. S Dobbs
Y Ehrhart
N Epps
Evans Y Felton N Floyd, J.M N Floyd, J.W N Godbee
N Golden
Y Goodwin
N Greene

1560

JOURNAL OF THE HOUSE,

N Groover N Hammond N Hanner
Harris, B N Harris, M N Hart N Heard N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hughes N Hugley Y Irvin
James Jamieson 'Jenkins N Johnson, U.H Y Johnson, E Y Johnson, G N Johnson, J

Y Johnston
N Jones Y Joyce Y Kaye
Y Kinnamon Y Klein Y Ladd
Y Lakly N Lane, D
N Lane, R
Lawrence
Lawson
N Lee N Lewis NLord
Lucas Y Maddox Y Mann N Martin N McBee N McClinton N McKinney Y Milam Y Mills

N Mohley, B
N Mobley, J
Y Moore
Y Mosley Y Mueller E Oliver N O'Neal N Orrock Y Padgett E Parham N Parrish
Patten N Pelote N Perry
Y Pinholster
YPoag N Polak Y Porter Y Poston N Powell
N Purcell, A
Y Purcell, B
N Randall
N Randolph

N Ray N Reaves N Reichert N Roberts N Royal E Scoggins
N Shanahan
N Sherrill Y Shipp N Simpson N Sinkfield
N Skipper
N Smith, C
N Smith, L
N Smith, P Smith, T Smith, V Smith, W
N Smyre
Y Snow
N Stancil, K Y Stancil, S
Stanley, L
N Stanley, P

On the adoption of the amendment, the ayes were 58, nays 98. The amendment was lost.

Y Stephenson Y Streat N Taylor N Teague N Teper Y Thomas N Tillman Y Titus Y Towery N Trense E 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 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, U 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
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
Dobbs Y Ehrhart Y Epps
Evans Y Felton Y Floyd, J.M
Y Floyd, J.W Y Godbee Y Golden Y Goodwin Y Greene Y Groover 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 Irvin 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 YLadd Y Lakly Y Lane, D Y Lane, R Y Lawrence
Lawson
Y Lee Y Lewis Y Lord
Lucas Y Maddox YMann Y Martin
Y McBee
Y McClinton Y McKinney Y Milam Y Mills

Y Mohlev. B Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock
Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry Y Pinholster
Y Poag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall
Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Royal E Scoggins
Y Shanahan Y Sherrill Y Shipp
Y Simpson Sinkfield
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, K Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman Y Titus Y Towery
Y Trense E 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 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, MARCH 1, 1994

1561

HR 863. By Representatives Murphy of the 18th, Twiggs of the 8th, Greene of the 158th, Walker of the 141st, Groover of the 125th and others: A resolution designating the Carlton H. Colwell Probation Detention 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 fol lows:

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 Y Buck
Y Buckner 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 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
Dix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Evans
Y Felton Y Floyd, J.M Y Floyd, J.W Y Godbee Y Golden
Y Goodwin Y Greene Y Groover 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
Irvin Y James Y Jamieson
Jenkins
Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce Kaye
Y Kinnamon Y Klein Y Ladd Y Lakly
Y Lane, D Y Lane, R Y Lawrence
Lawson YLee Y Lewis YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster
YPoag Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B 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 Skipper

Y Smith, C Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W
Y Smyre Y Snow
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman
Y Titus Y Towery Y Trense E Turnquest Y Twiggs Y Vaughan Y Walker Y Wall Y Watson
Y Watts Y Westmoreland
Y White Y Williams, B Y Williams, R
Yates Y Yeargin
Murphy, Spkr

On the adoption of the Resolution, the ayes were 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 676. By Representatives Carter of the 166th, Walker of the 141st, Groover of the 125th, Ray of the 128th, Hudson of the 156th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide that rate schedules approved by the Public Service Commission prior to July 1, 1993, shall be amended to eliminate the long-distance charge for calls between two tele phones where the central offices serving such telephones are within 16 miles of each other.

The following Committee substitute was read and adopted:

A BILL
To amend Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Distance Learning and Telemedicine Act of 1992," so

1562

JOURNAL OF THE HOUSE,

as to extend the time during which a portion of the Universal Service Fund may be used for designated purposes by the Public Service Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 3 of Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, known as the "Georgia Distance Learning and Telemedicine Act of 1992," is amended by striking in its entirety Code Section 50-5-200, relating to the use of funds in the Universal Service Fund not used for qualifying hardship assistance filings, and insert ing in lieu thereof a new Code Section 50-5-200 to read as follows:
"50-5-200. (a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of March 20, 1992, which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine pur poses provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public Service Commission pursuant to Public Service Commission Docket No. 3921-U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing.
(b) For a period of twe three years after March 20, 1992, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offsetting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Ser vices, as sole administrator of the Universal Service Fund, is authorized to make dis bursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so dis bursed by the Department of Administrative Services for said purposes within twe three years after March 20, 1992, shall become available solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine pur poses provided for in this part."
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 Bart'oot 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 Burkhaller
Y Byrd

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 Y Coleman. T Y Colwell
Connell Y Cox
Crawford Y Crews Y Culbreth Y Cummings Y Davis. G

Y Davis. M
Y Dickinson YDix
Y Dixon, H Y Dixon. S
Dobbs 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 Hanner Y Harris, B Y Harris. M Y Hart

Y Heard Hegstrom
Y Hembree
Y Henson Y Holland Y Holmes
Howard Y Hudson
Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H Y Johnson, E Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye

Y Kinnamon Y Klein
Y Ladd Y Lakly
Y Lane, D Y Lane, R Y Lawrence
Lawson
YLee Y Lewis Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McClinton
McKinney Milam Y Mills Y Mobley, B
Y Mobley, J

TUESDAY, MARCH 1, 1994

1563

Y Moore
Y Mosley
Y Mueller
E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote Y Perry
Pinholster Y Poag

Y Polak Y Porter Y Poston Y Powell
Y Purcell, A
Y Purcell, B 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 Skipper
Y Smith, C Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snow

Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephensun Y Streat Y Taylor Y Teague Y Teper
Y Thomas
Y Tillman Y Titus
Y Towery Y Trense

E 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 1916.

By Representatives Thomas of the 100th and Twiggs of the 8th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the provisions relating to court orders in cases of driving under the influence of alcohol or drugs; to change provisions relating to submission of evidence of satisfactory completion of a DUI Alcohol or Drug Use Risk Reduction Pro gram.

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 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 Y Buck 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
Y Cox
Y Crawford
N Crews
Culbreth
Y Cummings
Y Davis, G Y Davis, M
N Dickinson Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Felton
Y Floyd, J.M
Y Floyd, J.W Y Godbee Y Golden
Y Goodwin Y Greene Y Groover Y Hammond
Y Manner
Y Harris, B
Y Harris, M Y Hart Y Heard
Hegstrom Y Hembree
Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley
Irvin 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 Lawrence Lawson
Y Lee Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Milam N Mills

Y Mohlev. B
Y Mobley, J Y Moore Y Mosley Y Mueller E Oliver Y O'Neal
Y Orrock Y Padgett
E Parham
Y Parrish
Patten
Pelote
Y Perry
Y Pinholster
YPoag Y Polak
Y Porter
Y Poston Y Powell Y Purcell, A
Y Purcell, B
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 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
Stancil, S
Y Stanley, L
Stanley, P
Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense
E Turnquest
Y Twiggs Y Vaughan Y Walker Y Wall Y Watson Y Watts
Y Westmoreland Y White Y Williams, B
Williams, R
Y Yates Yeargin Murphy, Spkr

1564

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 152, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 1551.

By Representatives Polak of the 67th, Byrd of the 170th, Walker of the 141st, Carlisle of the 107th, Smith of the 175th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for findings of the General Assembly; to create the State Productivity Council.

The following Committee substitute was read:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to provide for findings of the General Assembly; to create the State Productiv ity Council and provide for the appointment or selection and terms, vacancies, reimbursement, per diem, and meetings of the council members; to provide for the goal, powers, and duties of the council; to provide for a chairperson; to provide for staff; to pro vide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state gov ernment, is amended by inserting a new chapter to be designated Chapter 28 to read as follows:
"CHAPTER 28
50-28-1. The General Assembly finds that exploring methods to allow the State of Georgia to offer effective services at minimum expense to Georgia's taxpayers is impor tant to the long-term fiscal stability of the state. It is appropriate for the state to take advantage of the methods developed by private sector companies who have been striving to achieve the goal of better services at lower cost through such management strategies as total quality management. Total quality management has been the route to improved operations and productivity for many private sector companies throughout the United States and the world. The six basic attributes of total quality management are: customer focus, a focus on process as well as results, prevention versus inspection, mobilization of the work force expertise, fact-based decision making, and feedback. Such productivity initiatives provide the best hope for revitalizing services to the public. To be successfully implemented, total quality management requires not only the vision and active leader ship of the Governor and General Assembly but also support from the business commu nity in the planning, design, and delivery of efforts for improving public services.
50-28-2. (a) There is created the State Productivity Council to support initiatives such as total quality management. The council is charged with the goal of improving government services while reducing the long-term tax burden by fostering a spirit of entrepreneurism and team work among state employees.
(b) The 15 members of the council shall be appointed and selected as follows: (1) Two directors of departments of state government, to be appointed by the
Governor; (2) The commissioner of personnel administration; (3) Two members of the House of Representatives, to be appointed by the Speaker
of the House of Representatives; (4) Two members of the Senate, to be appointed by the President of the Senate; (5) Six members from the private sector who have demonstrated expertise in
developing innovative employee productivity programs through their own experience in management, employee development, or human resources, of whom two will be

TUESDAY, MARCH 1, 1994

1565

appointed by the Governor, two will be appointed by the Speaker of the House of Representatives, and two will be appointed by the President of the Senate; and
(6) Two nonmanagment state employees, to be selected by a process to be decided by majority vote of the appointed members of the council and to serve terms to be determined in the same manner. (c) The council shall elect a chairperson from among the private sector members for a term of one year. The chairperson shall be eligible to succeed himself or herself in the office of chairperson. Members appointed according to paragraphs (1), (3), (4), and (5) of subsection (b) of this Code section shall serve terms of two years. The commissioner of personnel administration shall serve as long as he or she holds such office. Members appointed according to paragraph (5) of subsection (b) of this Code section shall be eli gible to succeed themselves on the council. Vacancies among the membership of the council created by resignation, death, or termination of office shall be filled by appoint ment by the same appointing authority. (d) Members of the council appointed in accordance with paragraphs (1) or (2) of subsection (b) of this Code section and selected in accordance with paragraph (6) of sub section (b) of this Code section shall be reimbursed for their reasonable actual expenses from funds appropriated to or otherwise available to the state department or agency which employs them. Legislative members of the council shall receive the per diem authorized for members of the General Assembly attending meetings of interim commit tees of the General Assembly. Payments for per diem for legislative members shall come from funds appropriated to or otherwise available to the Senate and House of Represen tatives. (e) The council shall meet at least quarterly, and on the call of the chairperson. 50-28-3. The council shall have the following powers and duties:
(1) To continually evaluate initiatives which have improved employee productivity in the government or in the private sector and provide a forum for sharing ideas and practices between public and private organizations;
(2) To facilitate the creation of a culture oriented toward innovation in the state work force and encourage employee involvement and participation at all levels;
(3) To serve as an advocate for funding and departmental support of initiatives approved by the council which improve productivity while reducing long-term costs;
(4) To work with the state merit system to develop an annual educational work shop for legislators, state employees, and other interested parties relating to programs which have increased employee productivity and to publicize the quality improve ments throughout state government;
(5) To monitor present and future initiatives approved by the council and sup ported by the legislative or executive branch to improve employee productivity and report annually those results to the commissioner of personnel administration, the House of Representatives, the Senate, and the Governor;
(6) To serve as a resource to mediate problems in implementing productivity improvement programs. Mediation decisions shall be nonbinding but shall serve as a method to provide policy direction to departments; and
(7) To design, implement, and approve a Quality Improvement Award program and accept private donations for the purpose of funding cash awards for state employ ees or teams of state employees for excellent work in improving productivity. 50-28-4. Staff for the council shall be provided by employees of the executive branch. If the office of the Governor has not assigned one or more employees to provide support for the council by July 1 of each year, the commissioner of personnel administration shall provide staff for the council. 50-28-5. This chapter shall be automatically repealed effective July 1, 1999."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Polak of the 67th and Watts of the 26th move to amend the Commit tee substitute to HB 1551 by striking in its entirety line 5 of page 1 and inserting in lieu thereof the following:

1566

JOURNAL OF THE HOUSE,

"selection and terms, vacancies, reimbursement, and".
By striking in their entirety lines 30 through 33 of page 3 and line 1 of page 4 and inserting in lieu thereof the following:
"Legislative members of the council shall be reimbursed for their reasonable actual expenses from funds appropriated to or otherwise".

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. U 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 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 Ehrhart YEpps
Evans Y Felton Y Floyd, J.M Y Floyd, J.W
Y Godbee Y Golden
Y Goodwin Y Greene Y Groover Y Hammond Y Hanner Y Harris, B Y Harris, M Y Hart Y Heard
Hegstrom Y Hembree Y Henson Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, D.H
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
Lawson Y Lee
Y Lewis Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McClinton
McKinney Milam Y Mills

Y Mobley, B Y Mobley, J Y Moore
Y Mosley Y Mueller
E Oliver Y O'Neal
Y Orrock Y Padgett E Parham Y Parrish
Patten
Y Pelote Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Royal E Scoggins
Y Shanahan Y Sherrill
Y Shipp Y Simpson Y Sinkfield
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, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
E 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 690. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Anno tated, relating to persons eligible for awards from the Georgia Crime Victims Compensation Board, so as to raise the maximum amount which may be awarded for a claim.

TUESDAY, MARCH 1, 1994

1567

The following Senate substitute was read:

A BILL
To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change the definition of certain terms and to define addi tional terms; to repeal certain provisions applicable to the former Georgia Crime Victims Compensation Board; to change the powers of the board; to provide for powers and duties of the Criminal Justice Coordinating Council and the director of such council; to authorize victim compensation payments to be made directly to direct service providers under cer tain conditions; to provide for direct payments to the victim or claimant for certain losses or reimbursement; to provide for priority of payments; to change the provisions relating to investigation reports and the distribution of such reports; to provide for confidentiality of certain information; to provide that a person who is not a direct service provider and who assumes the cost of an eligible expense of a victim shall be eligible for an award; to provide that no award shall be made to a victim of a crime for loss of property; to provide that persons who have been convicted of a felony involving criminally injurious conduct and who are currently serving a sentence therefor shall not be eligible for an award; to provide for applicability of a certain term; to provide a maximum amount of award for certain categories of losses; to change the maximum amount of award which may be made to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim; to authorize an award for the cost of psychological counseling for certain relatives of a deceased victim; to authorize the board to expend a portion of the moneys collected and paid into the Georgia Crime Victims Emergency Fund to provide funding to victim service providers for public information purposes and for the dissemina tion of materials; to amend Code Section 15-21-112 of the Official Code of Georgia Anno tated, relating to additional penalty for violation of Code Section 40-6-391, so as to provide for such additional penalty for a violation of Code Section 40-6-391 with respect to cases in any juvenile 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. Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended by striking in its entirety Code Section 17-15-2, relat ing to definitions applicable to victim compensation, and inserting in lieu thereof a new Code Section 17-15-2 to read as follows:
"17-15-2. As used in this chapter, the term: (1) 'Board' means the Georgia Crime Victims Compensation Board Criminal Jus
tice Coordinating Council. (2) 'Claimant' means any person filing a claim pursuant to this chapter. (3) 'Crime' means an act committed in this state which constitutes a violent crime
as defined by state or federal law and which results in physical injury; financial hardahip, or death to the victim.
(4) 'Direct service provider' means a public or nonprofit entity which provides aid, care, and assistance to a victim.
{4} (5) 'Director' means the director of the Georgia Crime Victims Emergency Fund Criminal Justice Coordinating Council.
{&} (6) 'Fund' means the Georgia Crime Victims Emergency Fund. {6} (7) 'Investigator' means an investigator of the board. W (8) 'Victim' means a person who suffers financial hardship as a result of a per sonal physical injury^ financial hardship, or death as a direct result of a crime."
Section 2. Said chapter is further amended by striking in its entirety Code Section 17-15-3, relating to the creation of the Georgia Crime Victims Compensation Board, and inserting in lieu thereof a new Code Section 17-15-3 to read as follows:
"17-15-3. (a) The five-member Georgia Crime Victims Compensation Board in exis tence on June 30, 1992, is abolished.

1568

JOURNAL OF THE HOUSE,

(b) There is created the Georgia Crime Victims Compensation Board. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board.

attendance at a meeting of the board, pkts reimbursement for actual transportation costs incurred while traveling by public earner or the mileage allowance authorized for certain state officials etftd employees for the ttse of a personal automobile m connection with
remuneration. 4d) (c) The Governor shall appoint the director of the Georgia Crime Victims Emer
gency Fund Criminal Justice Coordinating Council to carry out the provisions of this chapter."
Section 3. Said chapter is further amended by striking in its entirety Code Section 17-15-4, relating to the powers of the board, and inserting in lieu thereof a new Code Sec tion 17-15-4 to read as follows:
"17-15-4. (a) The board shall have the following powers and duties:
provisions of tnis Cfi&ptcr. ouch employees sfisll o& suojcct to Onftptcr &j or 1 itlc 4o, relating te the state merit system;

43) (1) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter;
44) (2) To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors, judges, county and municipal law enforcement agencies, and any other agency or department such assist ance and data as will enable the board to determine the needs state wide for victim assistance compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received;
4&) (3) To hear and determine all appeals of denied claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary;
4&) (4) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime and to receive and administer federal funds for the purposes of this chapter;
4?) (5) To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapterf . Victim compensation payments may be made directly to direct service providers who are not the recipients of local, state, federal, or private grant funds awarded for purposes of providing direct services to crime victims. A victim or claimant may be paid directly in the case of lost wages, loss of support, and instances where the victim or claimant has paid the direct service provider and is filing for reimbursement. In all cases where the victim has incurred out-of-pocket expenses, such as lost wages or loss of support or in cases where the victim or claimant has paid the direct service provider directly and is filing for reimbursement, the victim or claimant shall be paid first before any third party;
48) (6) To carry out programs designed to inform the public of the purposes of this chapter; and
49) (7) To render each year to the Governor and to the General Assembly a written report of its activities pursuant to this chapter. (b) The board shall assist applicants with their claims for restitution compensation through educational programs and administrative assistance."

TUESDAY, MARCH 1, 1994

1569

Section 4. Said chapter is further amended by striking in its entirety Code Section 17-15-6, relating to investigations of claims for awards of compensation, and inserting in lieu thereof a new Code Section 17-15-6 to read as follows:
"17-15-6. (a) A claim, once accepted for filing and completed, must be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investiga tion shall include, but not be limited to, an examination of police law enforcement, court, and official records and reports concerning the crime and an examination of medi cal, financial, and hospital reports relating to the injury or loss upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime must be considered together by a single investigator.
(b) Claims must be investigated and determined regardless of whether the alleged criminal has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question.
(c) The investigator conducting the investigation shall file with the director a written report setting forth a recommendation and his the investigator's reason therefor. The director shall render a decision and furnish the victim or claimant with a copy of the report if so requested. In cases where an investigative report is provided, information deemed confidential in nature shall be excluded.
(d) The claimant may, within 30 days after receipt of the report of the decision of the director, make an application in writing to the director for review of the decision.
(e) Upon receipt of an application for review pursuant to subsection (d) of this Code section, the director shall forward all relevant documents and information to the board. The board shall review the records and affirm or modify the decision of the director. If considered necessary by the board or if requested by the claimant, the board shall order a hearing prior to rendering a decision. At the hearing, any relevant evidence not legally privileged is admissible. The board shall render a decision within 90 days after completion of the investigation. If the director receives no application for review pursu ant to subsection (d) of this Code section, his the director's decision becomes final.
(f) The board, for purposes of this chapter, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.
(g) The director shall, within ten days after receipt of the board's final decision, make a report to the claimant including a copy of the final decision and the reasons why the decision was made."
Section 5. Said chapter is further amended by striking in its entirety Code Section 17-15-7, relating to persons eligible for awards, and inserting in lieu thereof a new Code Section 17-15-7 to read as follows:
"17-15-7. (a) Except as otherwise provided in this Code section, the following per sons are eligible for awards pursuant to this chapter:
(1) A victim; (2) A dependent spouse or child of a victim; (3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aiding or attempting to aid a law enforcement officer in the prevention of crime or apprehen sion of a criminal at the officer's request; ef (4) Any person who is a victim of family violence as defined by Code Section 19-13-1 and anyone who is a victim as a result of a violation of Code Section 40-6-391;
; ?i
(5) Any person who is not a direct service provider and who assumes the cost of an eligible expense of a victim regardless of such person's relationship to the victim or whether such person is a dependent of the victim. (b) (1) Victims may be legal residents or nonresidents of this state. No victim, whether a legal resident of this state or another state, is entitled to receive compensa tion pursuant to this chapter if such person has received crime victims compensation

1570

JOURNAL OF THE HOUSE,

pursuant to a similar law of another state or was the victim of a crime committed in another state where an eligible crime victims compensation statute exists. A victim of a crime committed in another state, which victim is a legal resident of this state, may receive compensation pursuant to this chapter if that other state does not have an eli gible crime victims compensation program. A surviving spouse, parent, or child who is legally dependent for his or her principal support upon a deceased victim is entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or child.
(2) Victims of crimes occurring within this state who are subject to federal juris diction shall be compensated on the same basis as resident victims of crime. (c) No award of any kind shall be made under this chapter to a victim injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility. (d) No award of any kind shall be made under this chapter to a victim of a crime which occurred prior to July 1, 1989. (e) A person who is criminally responsible for the crime upon which a claim is based or is an accomplice of such person shall not be eligible to receive an award with respect to such claim. (f) There shall be no denial of compensation to a victim based on that victim's familial relationship with the person who is criminally responsible for the crime. (g) No award of any kind shall be made under this chapter to a victim of a crime for loss of property. (h) A victim or claimant who has been convicted of a felony involving criminally injurious conduct and who is currently serving a sentence therefor shall not be consid ered eligible to receive an award under this chapter. For purposes of this subsection, 'criminally injurious conduct' means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. Such term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts committed were in violation of Code Section 40-6-391. For the purposes of this subsection, a person shall be deemed to have commit ted criminally injurious conduct notwithstanding that by reason of age, insanity, drunk enness, or other reason, he or she was legally incapable of committing a crime."
Section 6. Said chapter is further amended by striking in its entirety Code Section 17-15-8, relating to required findings and amount of award, and inserting in lieu thereof a new Code Section 17-15-8 to read as follows:
"17-15-8. (a) No award may be made unless the board or director finds that: (1) A crime was committed; (2) The crime directly resulted in physical injury, financial hardship, or death of
the victim; (3) Police records show that the crime was promptly reported to the proper
authorities. In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified; and
(4) The applicant has pursued restitution rights against any person who committed the crime unless the board or director determines that such action would not be feasi ble. The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award. (b) Any award made pursuant to this chapter may be in an amount not exceeding actual expenses, including indebtedness reasonably incurred for medical expenses, loss of wages, funeral expenses, mental health counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based. (c) (1) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $1,000.00 in the aggregate; provided, how ever, with respect to any claim filed with the board as a result of a crime occurring

TUESDAY, MARCH 1, 1994

1571

on or after July 1^ 1994, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $5,000.00 in the aggregate.
(2) No award under this chapter for the following losses shall exceed the maximum amount authorized:

Category Lost Wages Funeral Expenses Financial Hardship or
Loss of Support Medical Counseling

Maximum Award $ 5,000.00 3,000.00
5,000.00 5,000.00 2,500.00

(d) In determining the amount of an award, the director and board shall determine whether because of his or her conduct the victim of such crime contributed to the inflic tion of his or her injury or financial hardship, and the director and board may reduce the amount of the award or reject the claim altogether in accordance with such determi nation.
(e) The director and board may reject an application for an award when the claimant has failed to cooperate in the verification of the information contained in the applica tion.
(f) Any award made pursuant to this chapter may be reduced by or set off by the amount of any payments received or to be received as a result of the injury:
(1) From or on behalf of the person who committed the crime; (2) From any other private or public source, including an award of workers' com pensation pursuant to the laws of this state, provided that private sources shall not include contributions received from family mem bers or persons or private organizations making charitable donations to a victim. (g) No award made pursuant to this chapter is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. (h) An award made pursuant to this chapter shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 48 or, to the extent lawful, under the United States Internal Revenue Code. (i) Notwithstanding any other provisions of this chapter to the contrary, no awards from state funds shall be paid prior to July 1, 1989. j)_In any case where a crime results in death, the spouse, children, parents, or sib lings of such deceased victim may be considered eligible for an award for the cost of psy chological counseling which is deemed necessary as a direct result of said criminal incident. The maximum award for said counseling expenses shall not exceed $2,500.00 in the aggregate."

Section 7. Said chapter is further amended by adding at the end thereof a new Code Section 17-15-14 to read as follows:
"17-15-14. The board shall be authorized to designate and expend not more than 15 percent of the moneys collected and paid into the fund pursuant to paragraph (1) of subsection (b) of Code Section 17-15-10 and Code Section 17-15-13 to provide funding to victim service providers for the purpose of disseminating materials regarding the availability of compensation for victims of crime and public information purposes regarding the victim compensation program provided in this chapter."

Section 8. Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, is amended by striking sub section (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as fol lows:
"(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor's, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of

1572

JOURNAL OF THE HOUSE,

Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $25.00 or 10 per cent of the original fine."
Section 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend the Senate substitute to HB 690 as follows:
By striking on line 24 page 13 "15" and inserting therein "5".

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute, as amended by the House, to HB 690.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Atkins
Y Bailey Baker
Y Bannister Y Barfoot Y Bargeron Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Breedlove
Y Brooks, D Y Brooks, T Y Brown YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carlisle Y Carrell Y Carter Y Cauthorn
Y Chambless Y Chandler Y Channell Y Childers
Y Clark Y Coker Y Coleman, B Y Coleman, T

Y Colwell Connell
YCox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dickinson
YDix Y Dixon, H Y Dixon, S Y Dobbs 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 Y Hart Y Heard Y Hegstrom
Y Hembree Henson
Y Holland Y Holmes

Y Howard Y Hudson Y Hughes Y Hugley
Irvin Y James
Y Jamieson 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
Lawson YLee Y Lewis YLord
Lucas Maddox Y Mann Martin Y McBee Y McCIinton McKinney Y Milam Y Mills

Y Mobley, B Y Mobley, J
Y Moore Y Mosley Y Mueller E Oliver Y O'Neal Y Orrock Y Padgett E Parham Y Parrish
Patten Y Pelote
Y Perry Y Pinholster YPoag Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Y Ray Y Reaves Y Reichert Y Roberts Y Royal E Scoggins Y Shanahan Y Sherrill
Y Shipp Y Simpson
Sinkfield
Y Skipper

Y Smith. C Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W
Y Smyre Y Snow
Y Stancil, K Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas
Tillman Y Titus
Y Towery Y Trense E 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
Yeargin Murphy, Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.

Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:

Mr. Speaker:

TUESDAY, MARCH 1, 1994

1573

Your Committee on Appropriations has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:

HR 124 Do Pass, as Amended HR 259 Do Pass, by Substitute HR 339 Do Pass, as Amended

HR 767 Do Pass HR 906 Do Pass HR 926 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

Representative Harris of the 112th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1534 Do Pass, by Substitute
Respectfully submitted, /s/ Harris of the 112th
Vice-Chairman

Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1574 Do Pass, by Substitute SB 434 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 136th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.